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 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.
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.
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.
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 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.
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.
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.
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.
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.
FHWA published a final rule delaying the effective date of its manufactured products Buy America final rule. This action changes the date the amended requirements formally take effect (effective-date delay), which can affect contracting timing, compliance planning, and the applicability of updated regulatory text for recipients and contractors working on FHWA-funded highway projects.
The EPA Office of Inspector General issued Report No. 25-E-0016 evaluating the EPA Office of Water's guidance to State Revolving Fund Programs for implementing Build America, Buy America Act requirements. The evaluation assesses how effectively EPA has guided states on BABA compliance for Clean Water and Drinking Water State Revolving Fund programs, identifying implementation challenges and recommendations for improvement.
PHMSA published a waiver of Build America, Buy America Act requirements for gas service risers, gas service regulators, and gas meters used under the Natural Gas Distribution Infrastructure Safety and Modernization Program. The waiver is effective January 22, 2025 and will expire on January 21, 2028. This three-year waiver applies to specific gas distribution equipment where domestic availability may be limited, allowing infrastructure safety and modernization projects to proceed.
PHMSA issued a nonavailability waiver under BABA for certain products used in the NGDISM grant program (as described in the Federal Register notice). This waiver provides compliance relief where domestic products are not reasonably available, affecting procurement decisions for covered natural gas distribution modernization work funded under the program. Compliance teams should assess whether procurements fall within the waiver’s scope and conditions and document eligibility accordingly.
PHMSA granted a project-specific waiver under BABA for City Utilities of Springfield, Missouri, for certain products used under the NGDISM grant program. The waiver applies only to the identified project and products described in the Federal Register notice. Compliance teams supporting this project (and similarly situated grantees) should ensure waiver scope controls are implemented (product list, project limitation, and recordkeeping) to avoid misapplication to other procurements.
HUD PIH issued Notice PIH 2025-06 updating and clarifying BABA Buy America Preference implementation guidance for Public Housing Agencies and PIH-funded activities, superseding the prior PIH notice. The notice provides updated direction on applicability/scope and implementation considerations (including how BABA applies in certain PIH program contexts and how waivers may be relevant). PIH recipients and their contractors should align procurement planning and compliance documentation with the updated PIH notice.
The Department of Transportation issued a final waiver of Buy America Requirements for the Pacific Island Territories and the Freely Associated States. This waiver applies to infrastructure projects in Pacific Island territories where domestic manufacturing and supply chain constraints make compliance with BABA requirements impractical. The waiver supports continued infrastructure development in these territories while recognizing the unique geographic and economic challenges they face.
FHWA published the Final Rule terminating the General Applicability Waiver for manufactured products in Federal-aid highway projects. The rule implements a phased approach: Phase 1 (October 1, 2025) requires all manufactured products to have final assembly in the United States; Phase 2 (October 1, 2026) requires the cost of components mined, produced, or manufactured in the U.S. to exceed 55% of total component costs. Manufacturers and contractors must establish supply chain traceability systems to document domestic content percentages.