EPA’s Office of Transportation and Air Quality (OTAQ) issued an updated BABA Implementation Procedures document (FAQ/memo format) for OTAQ federal financial assistance programs (including DERA, Clean School Bus, Clean Ports, and Clean Heavy-Duty Vehicles). The update provides program-specific interpretive guidance on BABA applicability and scope (including Purpose-Time-Place concepts), covered product category definitions (iron/steel vs. manufactured products vs. construction materials), compliance documentation/recordkeeping expectations, and waiver usage pathways. The memo includes clarifications relevant to infrastructure vs. rolling stock/equipment (e.g., it states BABA applies to clean/zero-emission school bus infrastructure but not to the bus itself), supporting recipient/contractor specification writing and audit readiness.
EPA OTAQ updated its BABA implementation procedures/FAQ memorandum for OTAQ-administered financial assistance programs (e.g., Clean School Bus-related infrastructure, Clean Ports, and other OTAQ programs). The update provides implementation guidance affecting applicability determinations, documentation expectations, and waiver handling, and includes example contract language and an example certification letter—items commonly flowed down to contractors/suppliers to demonstrate BABA compliance on funded projects.
EPA OTAQ updated its BABA implementation procedures (FAQ-style memorandum) for OTAQ-administered federal financial assistance programs (e.g., DERA, Clean School Bus-related infrastructure, Clean Ports). The updated procedures clarify applicability (including that BABA applies to infrastructure components) and outline documentation and waiver-related expectations for recipients and contractors. Compliance teams supporting EPA-funded infrastructure projects should align procurement documentation, domestic-content substantiation, and waiver request workflows with the revised OTAQ procedures.
FEMA issued Policy #207-22-0001, Revision 1 revising its Buy America Preference in FEMA Financial Assistance Programs for Infrastructure. The revised policy provides updated guidance on FEMA's implementation of BABA requirements for infrastructure projects receiving FEMA financial assistance, superseding the April 25, 2024 version. The policy clarifies applicability to federal awards obligating funds for infrastructure projects after one year from the effective date.
FEMA has issued Revision 1 of Policy #207-22-0001, updating guidance on FEMA's implementation of the Build America, Buy America Act for financial assistance programs for infrastructure. This revision supersedes the April 25, 2024 version. The policy establishes a 55% domestic content threshold for manufactured products and requires all iron/steel to be produced in the US and all construction materials to be manufactured in the US. Infrastructure projects obligated under FEMA awards after one year from the effective date are subject to this policy.
FHWA issued updated Q&As clarifying implementation of the Manufactured Products Final Rule (effective March 20, 2025). Key clarifications include: (1) the manufactured products general waiver remains in effect for projects obligated March 20 – September 30, 2025; (2) confirmation that cement, asphalt mixtures, and aggregates are NOT construction materials under BABA but are Section 70917(c) materials; and (3) details on the two-phase implementation timeline with final assembly requirements effective October 1, 2025 and the 55% domestic component cost requirement effective October 1, 2026.
FHWA published an updated Q&A document explaining how BABA/OMB guidance applies to FHWA Federal-aid highway projects. The Q&As clarify construction material coverage and definitions (including required U.S. manufacturing processes consistent with 2 CFR 184.6) and address classification issues (e.g., when combined materials become manufactured products and interactions with iron/steel content). The document reiterates the staged manufactured-products requirements tied to FHWA’s rescission of the manufactured products general waiver: for projects obligated on/after Oct 1, 2025, final assembly must occur in the U.S.; for projects obligated on/after Oct 1, 2026, final assembly plus >55% U.S. component cost applies. Compliance teams should use the updated Q&As to validate material/product classification, supplier declarations, and contract flow-downs for FHWA-funded work.
FHWA has issued an updated Buy America Questions and Answers document for the Federal-aid Program, dated January 5, 2026. The Q&A provides guidance on FHWA's Buy America policies for iron, steel, and manufactured products permanently incorporated in Federal-aid highway construction projects. It clarifies the phased implementation of manufactured products requirements: Phase 1 (October 1, 2025) requires final assembly in the US, and Phase 2 (October 1, 2026) requires final assembly plus greater than 55% domestic component cost. The document also addresses waiver criteria and classification guidance for various product types.
FHWA updated its Questions & Answers guidance for the waiver of Buy America requirements for de minimis costs and small grants applicable on or after October 1, 2025. The updated document provides clarification on implementation of the manufactured products requirements and the interplay with de minimis waiver provisions following the termination of the General Applicability Waiver for manufactured products.
FHWA updated multiple Q&A documents on January 5, 2026, covering the Manufactured Products Final Rule, general FHWA Buy America Federal-aid Program, BABA requirements for different time periods (pre-October 23, 2023; on/after October 23, 2023 before March 20, 2025; on/after March 20, 2025), and De Minimis Costs and Small Grants waivers. These guidance documents clarify implementation of Buy America requirements for Federal-aid highway projects.
FEMA issued Revision 1 of its policy on Buy America Preference in FEMA financial assistance programs for infrastructure. The revised policy explains FEMA’s one-year general applicability waiver for the Safeguarding Tomorrow Revolving Loan Fund (STORM/RLF) through Jan 9, 2026, and states that effective Jan 10, 2026, STORM/RLF awards are subject to BABA and FEMA’s policy requirements. Recipients and contractors working on STORM/RLF-funded infrastructure should update procurement controls, contract clauses, and documentation systems to ensure BABA compliance for awards and obligations on/after the applicability date.
FTA published the Fiscal Year 2026 Contractor Manual for Comprehensive Reviews, updating procurement review areas to include BABA requirements under the Infrastructure Investment and Jobs Act. The manual includes revised notes to reviewers regarding BABA applicability and updated governing directives reflecting 2 CFR Part 200 requirements.
The Department of the Interior published an updated Build America Buy America Act FAQs document providing guidance on BABA domestic sourcing requirements for infrastructure projects receiving federal financial assistance. The FAQs address common questions about applicability, product coverage, and compliance obligations for DOI-administered programs.
NTIA published updated BABA Compliance and Documentation Requirements guidance for recipients of Broadband Equity, Access, and Deployment (BEAD), Middle Mile, and Tribal Broadband Connectivity Programs. The guidance details documentation requirements, procedures for demonstrating compliance with Buy America Preference, and responsibilities for determining whether products are subject to BABA requirements under 2 CFR Part 184.
The Department of Energy issued Financial Assistance Letter FAL 2025-08 providing guidance on Buy America Preference implementation for DOE financial assistance recipients. The letter includes detailed guidance on DOE's project-specific waiver request submission and review process, outlining the information requesters must provide including identification of reasonable alternatives and justification for waiver requests.
The Department of Energy has issued Financial Assistance Letter FAL 2025-08 providing guidance on Buy America requirements for DOE financial assistance programs. The letter is intended for DOE procurement professionals, Contracting and Grants Officers, and other officials participating in the acquisition process. It provides definitive interpretation of Buy America requirements for DOE solicitations, Notice of Funding Opportunity Announcements, Awards, and related procedures. Recipients of DOE financial assistance should review this guidance to ensure compliance with domestic sourcing requirements.
DOE issued Financial Assistance Letter (FAL) 2025-08 providing updated implementation guidance for the Buy America Preference requirement under BABA. The guidance is applicable to all DOE financial assistance awards for public infrastructure projects and includes waiver request submittal and review processes. FAL 2025-08 supersedes FAL 2025-01.
EPA published FAQs for Manufacturers, Suppliers, and Distributors to assist with understanding Build America, Buy America Act requirements. The document provides responses based on OMB guidance, EPA implementation procedures, and other resources. It addresses domestic sourcing requirements for products used in federally-funded infrastructure projects, helping manufacturers understand compliance obligations under BABA. This guidance does not address domestic sourcing requirements associated with federal procurement.
NTIA published a BABA compliance and documentation procedures document for NTIA broadband programs. The guidance describes documentation expectations for recipients/subrecipients, emphasizes correct classification of items (iron/steel, manufactured products, construction materials), and discusses waiver request processes and review steps. Compliance teams supporting NTIA-funded projects should incorporate these procedures into supplier documentation collection, record retention, and waiver preparation workflows.
FHWA published a final rule delaying the effective date of the Buy America Requirements for Manufactured Products final rule from March 17, 2025 to March 20, 2025, pursuant to the January 20, 2025 'Regulatory Freeze Pending Review' Presidential Memorandum. The underlying final rule terminates FHWA's general waiver for manufactured products and establishes new Buy America requirements for manufactured products used in Federal-aid highway projects, with phased implementation through October 2026.