U.S. Department of Transportation Proposes Important Buy America Actions; FTA Administrator Issues Buy America Dear Colleague Letter

U.S. Department of Transportation (USDOT) seeks to maximize the use of American-made products and materials in all federally funded projects as part of the Biden-Harris Administration’s implementation of the Build America, Buy America Act, which was included in the historic Bipartisan Infrastructure Law. The implementation of this law will transform the Department’s approach to domestic procurement requirements.

The Department is taking three actions:

• not extending its temporary waiver for construction materials, making that requirement applicable effective November 10, 2022;
• proposing a waiver for narrow categories of contracts and solicitations to help certain ongoing procurements transition to the new construction materials standard; and
• proposing a narrow waiver for de minimis costs, small grants, and minor components to allow USDOT and its grant recipients to focus their domestic sourcing efforts on products that provide the greatest manufacturing opportunities for American workers and firms and reduce delays in the delivery of important transportation infrastructure projects that provide jobs and promote economic growth.

USDOT is also seeking comments by November 20, 2022 on the two proposed waivers.

To help transit agencies prepare for implementation of the construction materials requirement, FTA Administrator Nuria Fernandez is also posting a Dear Colleague letter to transit agencies on their Buy America obligations on FTA-funded projects. More information is available on the DOT and FTA Buy America websites.

Links:
Dear Colleague letter
USDOT Buy America webpage
FTA Buy America webpage