ARTICLE · 20 SEPTEMBER 2023

OMB Issues Final BABA Guidance And USDOT Issues Final Public Interest Waiver

Nossaman LLP

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The federal government recently released long-awaited guidance regarding the Build America, Buy America (BABA) Act requirements included in the Infrastructure Investment and Jobs Act (P.L. 117-58; IIJA).

United StatesGovernment, Public Sector

Adeyemi O. Ojudun

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The federal government recently released long-awaited guidance regarding the Build America, Buy America (BABA) Act requirements included in the Infrastructure Investment and Jobs Act (P.L. 117-58; IIJA). On August 14, 2023, the White House Office of Management and Budget (OMB) published its final BABA guidance, which takes effect on October 23, 2023 and will govern the implementation of the Buy America preference, that applies to federally-supported public infrastructure projects. On August 15, 2023, the U.S. Department of Transportation (USDOT) finalized its waiver exempting certain de minimis costs and small grants from Buy America requirements.

OMB's Final BABA Guidance

By way of background, on April 18, 2022, OMB issued Memorandum M-22-11 that provided initial Buy America implementing guidance required by Sections 70901-52 of the IIJA. OMB also issued a request for information soliciting public comments on implementation of the BABA requirements.A

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