Federal Manager's Daily Report

Guidance Issued on New ‘Buy America’ Requirements for Agencies

OMB has issued final guidance on additional “buy America” policies for federal agencies under the 2021 infrastructure spending law, which set new domestic content requirements for manufactured products as well as for iron or steel products and construction material.

The guidance, to take effect in 60 days, defines products covered by those requirements and instructs agencies on applying the preferences. For example, it says that while the law requires more than 55 percent of the cost of components for a manufactured product must be manufactured in the United States and the product itself must be manufactured in the United States. “this does not require all components to be produced in the United States.”

The guidance further covers eligibility for waivers in circumstances such as the public interest, or unreasonable cost or unavailability of domestic production.

The policies differ in some ways from initial guidance issued early last year, it notes, including specifying that all manufacturing processes are covered, not just final processes, and expanding range of covered construction materials.

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