Federal Manager's Daily Report

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OMB has instructed agencies on complying with new “buy American” requirements under the Infrastructure Investment and Jobs Act enacted late last year, telling them to “make necessary changes to come into compliance with the Act’s requirements, while preserving policies and provisions that already meet or exceed the standards required by the Act.”

Memo M-22-11 notes that that law requires them to ensure by May 14 that all of the iron, steel, manufactured products, and construction materials used in financial assistance programs they fund are produced in the United States. It defines the materials and products, types of spending programs, and funding recipients covered by that requirement.

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It also notes that the law assigns enforcement authority to OMB’s Made in America Office, which the Biden administration had created under an earlier executive order setting buy American requirements.

“Agencies should determine how this guidance is best applied to their infrastructure programs and processes, and consult with OMB, as needed, on establishing criteria, processes, and procedures for applying a Buy America preference and issuing waivers,” it says, adding that additional guidance may be coming.

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