Recently released guidance on the Buy American provision within the $1.2 trillion Infrastructure Investment and Jobs Act released by the Office of Management and Budget includes a waiver process.
Three situations can prompt agency heads to issue waivers to the Buy American preferences: when it is not in the public interest; when the materials are not sufficiently available in the U.S.; or when using the materials would increase the cost of the project by more than 25%. Prior to issuing a waiver, a proposed waiver must be made publicly available on an agency’s website with a detailed explanation.
The public would be given at least 15 days to comment on the waiver. Agencies would then submit the proposed waiver to the Made in America Office, housed within OMB, for review for a decision on the waiver request.
The CEO of the Associated General Contractors of America, criticized the guidance for creating red tape that “undermines Americans’ confidence in the federal government’s ability to effectively use their tax dollars.” As currently constituted, the guidance would impose rules that are likely to cause delays and burden contractors, he said.
Related Stories
Codes and Standards | Jul 7, 2021
Intl. Code Council appoints committees to lead energy code development
One-third of appointees are government regulators.
Codes and Standards | Jul 1, 2021
COVID-19 made payment delays to contractors much worse
Only one in ten companies is always getting paid in full.
Codes and Standards | Jun 30, 2021
New resource for public sector organizations to develop energy data management program
Dept. of Energy document contains more than 30 examples of successful implementations.
Codes and Standards | Jun 29, 2021
Biden China policy may spur more increased U.S. PV manufacturing capacity
Senate bill proposes advanced solar manufacturing production credit.
Codes and Standards | Jun 28, 2021
Local and state building energy performance standards aim to curb climate change
Owners must up the ante on operations and retrofits.
Codes and Standards | Jun 24, 2021
Biden Administration will restore ‘Waters of the U.S.’ protections ended by Trump
Early revision more likely to hold up in court, says legal expert.
Codes and Standards | Jun 23, 2021
Denver unveils renewable heating and cooling plan
City releases roadmap to decarbonizing existing homes and buildings.
Codes and Standards | Jun 22, 2021
Actually, few companies plan to significantly reduce their office footprint
CBRE survey shows that many firms will continue with hybrid work.
Codes and Standards | Jun 21, 2021
Vancouver, B.C., may delay new zero emissions building standards
Building permit delays may postpone new standards by a year.
Codes and Standards | Jun 17, 2021
Buffalo’s parking reform having noticeable impact on development
Elimination of mandatory parking allotments encourages new projects.
