On July 27, the Department of Transportation (USDOT) published a Request for Information on the Build America, Buy America Act (BABA) requirements included in the Bipartisan Infrastructure Law that specified a new category of construction materials used for projects be produced in the United States. Specifically, they are asking:
- How the requirement should be interpreted and implemented;
- The present availability of construction materials produced in the United States that are commonly used in transportation infrastructure projects; and
- The potential impacts to DOT-funded projects.
In May, the Department announced 180-day delay of the new BABA requirements. AGC helped lead an effort with 41 other national organizations calling on the Administration to extend the 180-day BABA waiver to ensure that, in the meantime, projects are not needlessly delayed.
AGC continues to be concerned about the current availability and pricing of construction materials and the unintended consequences that this new provision could have. We will continue to engage with U.S. DOT on this issue and keep you informed of the latest. Please contact Alex Etchen at alex.etchen@agc.org if you have any insights or questions on construction materials of which U.S. DOT needs to be aware.