Federal Manager's Daily Report

OMB has issued guidance to agencies on their responsibilities under provisions of the recently enacted Infrastructure Investment and Jobs Act expanding on prior “Buy American” laws and policies in government procurement.

Memo M-22-08 notes that for federal infrastructure programs the new law requires the use of materials produced in the United States, increases the requirement for American-made content, and strengthens the waiver process associated with Buy American provisions.

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It tells agencies to submit to OMB by January 14 a list of all financial assistance programs they administer for infrastructure and to specify which of them do not meet the new law’s requirements for U.S.-produced content in iron, steel, manufactured products, and construction materials, and any pertinent waivers. That information also is to be posted in the Federal Register.

Separately, CFO Act agencies—the two dozen Cabinet departments and largest independent agencies—are to submit to OMB reports on typical iron and steel items, manufactured goods, and construction materials used in projects supported by such programs; whether the item is relevant to any of the supply chains identified as critical in a recent executive order; whether the agency is aware of limitations in the domestic supply of such items; and whether the agency has worked to increase domestic production.

“Agencies that lack any information responsive to this inquiry should respond in a manner indicating such. OMB will consider information received in response to this request along with information received from the public as it develops” further guidance, the memo says.

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