Key Provisions in the Build America, Buy America Act

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On November 15, 2021, President Biden signed the Bipartisan Infrastructure Law (BIL) into law, which includes the Build America, Buy America Act (BABA).1 BABA establishes a domestic content preference for Federal financial assistance obligated for infrastructure projects. The BABA preference applies to three separate product categories: (i) iron or steel products; (ii) manufactured products; and (iii) construction materials.2

In February, 2023, the Office of Management and Budget (OMB) issued proposed guidance to support implementation of the BABA provisions of the BIL. Today, OMB issues final guidance, to take effect 60 days after publication in the Federal Register.

The standards in the proposed guidance were developed based on listening sessions and a request for information published on April 21, 2022.3 The content of the final guidance is based on OMB’s review and consideration of comments provided by public stakeholders through the notice and comment process for the final guidance. OMB also received feedback from Federal agencies…