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ARTICLE · 22 AUGUST 2023

OMB Issues Final Buy America Rule And Guidance For Infrastructure Projects

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On August 14, 2023, the Office of Management and Budget (OMB) released a pre-publication version of final guidance implementing the Build America, Buy America Act (BABAA).

United StatesReal Estate and Construction
Susan Lent
Susan Lent
Scott M. Heimberg
Scott M. Heimberg
Angela B. Styles
Angela B. Styles
Mona Adabi
Mona Adabi
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On August 14, 2023, the Office of Management and Budget (OMB) released a pre-publication version of final guidance implementing the Build America, Buy America Act (BABAA).1 The guidance adds a new Part 184 in 2 C.F.R. and clarifies in 2 C.F.R. 200.322 that federal agencies must implement BABAA with regard to federally funded infrastructure projects. OMB had issued a notification of proposed guidance on February 9, 2023, which Akin reported on in an earlier client alert. The final guidance considers the more than 2,000 comments received in response to the notice of proposed guidance. While the final guidance largely reflects the proposed guidance, OMB makes certain changes to Part 184 and includes commentary in the preamble, some of which is clarifying and some of which raises new questions regarding implementation of and compliance with BABAA. The final guidance is effective 60 days after it is published in the Federal Register. OMB also has stated that it will

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