Comments on the Office of Management and Budget’s Buy America Guidance

ARTBA sent a letter to the Director Office of Management and Budget (OMB) regarding implementation of the “Build America, Buy America Act” (BABA), a provision within the Infrastructure Investment and Jobs Act (IIJA). The association’s members remain focused on and committed to maximizing the benefits of the IIJA’s historic investments by building federal-aid transportation infrastructure projects as safely, efficiently and cost-effectively as possible. ARTBA also supports BABA’s principal policy rationale, strengthening the domestic manufacturing sector. While these objectives do not inherently conflict, ARTBA has identified aspects of the draft guidance which, if enacted, will likely lead to project costs increases and delays in the short term. We also recommend additional actions that OMB and federal agencies should undertake with urgency. These areas of concern include:

• Lack of clarity and illogical timing in BABA implementation.
• Insufficient utilization of federal transportation agencies’ expertise in administering BABA requirements.
• Extending Buy America coverage to materials beyond – or in conflict with – Congress’ intentions.