WHAT: The Office of Management and Budget (OMB)
recently issued an update to its initial guidance on implementing
the Build America, Buy America (BABA) provisions of the Bipartisan
Infrastructure Law. This is the third set of guidance on the
implementation of BABA issued by OMB in just over a year and a
half.
As we have discussed in prior alerts, BABA requires that all iron and steel,
manufactured products, and construction materials used in federally
funded infrastructure projects be produced in the United States.
OMB issued initial guidance on the implementation of BABA in April
2022, in the form of OMB Memorandum M-22-11. After consideration of
extensive public comments, in August 2023,
OMB issued more detailed, formal guidance, which was incorporated
into the federal grant rules at 2 CFR Part 184, effective October
25, 2023.
