ARTBA Urges Collaboration, Flexibility in Buy America Implementation

What happened: In response to a request for information (RFI) on the pending expansion of Buy America requirements, ARTBA Aug. 18 urged the U.S. Department of Transportation (U.S. DOT) to take a collaborative approach with the transportation construction industry and consider various options for implementing the new requirements. ARTBA noted the importance of this approach given the record federal surface transportation investment in the Infrastructure Investment and Jobs Act (IIJA), which is expected to increase demand for a number of commodities, and unprecedented cost spikes and limited availability for many materials.

Why it matters: The IIJA expanded Buy America coverage to certain construction materials used on federal-aid highway and transit projects. Initial guidance from the White House Made in America Office listed non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; and drywall as categories of materials for which domestic manufacturing will be required. The IIJA explicitly exempted aggregates and pavement-related materials from coverage. In May, U.S. DOT issued a waiver (with strong support from ARTBA and other groups) delaying coverage of construction materials until Nov. 10, so the department could work with state and local agencies on implementation plans. It is important to note that Buy America will continue to cover iron and steel components permanently incorporated in projects, as well as manufactured products (although the Federal Highway Administration has exempted many of them from coverage for several years).

ARTBA’s comments to U.S. DOT expressed concern over putting the full onus of Buy America compliance on contractors. In contrast, to cite one example, the Florida Department of Transportation is surveying its approved suppliers to determine which products are Buy America-compliant, and sharing that information with the contracting community. The association encouraged U.S. DOT to extend the full waiver for construction materials past Nov. 10 or identify certain products for extended waivers as needed. ARTBA also advocated for grandfathering of projects with unique design elements and exemption of utility projects as appropriate.

What’s next: The RFI was the latest in an ongoing dialogue-including face-to-face meetings-ARTBA has held with the White House, U.S. DOT, state transportation agencies, and other associations. ARTBA will alert members when to expect updated guidance on implementation of the new construction materials coverage. We continue to value input from members-whether they are surveys, comments, notes, or examples of domestically-manufactured products not adequately available-which we are passing along to those officials as part of our advocacy. Please contact Rich Juliano or Nick Goldstein to discuss Buy America issues.

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