FHWA issued a final rule updating its Buy America requirements for Federal-aid highway projects by terminating the long-standing Manufactured Products General Waiver and establishing phased-in compliance criteria for manufactured products. Per the rule/agency announcement, projects with FHWA funds obligated on/after 2025-10-01 require U.S. final assembly/manufacturing for manufactured products, and projects obligated on/after 2026-10-01 additionally require that more than 55% of the cost of components be domestically produced. Compliance teams supporting highway infrastructure supply chains should update sourcing/BoM cost roll-ups and supplier certifications to meet the phased obligation-date thresholds.
FHWA published a final rule amending its Buy America regulation for Federal-aid highway projects (23 CFR 635.410) to terminate the longstanding general waiver for manufactured products and establish standards for when manufactured products are considered produced in the United States. The rule provides a phased approach tied to project obligation dates (including a U.S. final assembly requirement starting for projects obligated on/after October 1, 2025, and a 55% domestic component cost requirement for projects obligated on/after October 1, 2026). This change is directly relevant to BABA-aligned domestic preference compliance for highway construction supply chains and contract specifications.
HUD issued CPD Notice 25-01, superseding CPD Notice 2023-12, to provide clarified implementation guidance for the Buy America Preference (BAP) requirements under the Build America, Buy America Act. The notice describes how Community Planning and Development (CPD) program grantees can use covered funds for public infrastructure projects to bolster America's industrial base, protect national security, and support high-paying jobs. This updated guidance provides essential compliance direction for CPD program recipients implementing BABA requirements.
HUD CPD issued Notice CPD-2025-01 providing updated implementation guidance for BABA’s Buy America Preference (BAP) requirements for CPD programs and superseding CPD-2023-12. The notice includes key applicability clarifications for housing/infrastructure determinations (e.g., treatment of 1–4 unit versus 5+ unit housing in relation to BAP applicability), as well as guidance on project scope, recordkeeping, and waiver processes. CPD grantees and contractors should review and align project scoping decisions, procurement documentation, and waiver requests to the updated CPD guidance.
HUD CPD published Notice CPD-2025-01 providing updated implementation guidance for BABA’s Buy America Preference for CPD-funded programs and superseding prior CPD guidance. The notice addresses applicability determinations and administrative expectations (e.g., how certain housing/infrastructure activities should be classified for BAP applicability, and related documentation/recordkeeping and waiver processes). Recipients and contractors using CPD funds should apply the updated CPD framework when scoping projects and documenting domestic preference compliance or waiver use.
DOE issued Waiver Number 2025-07, a nonavailability waiver for domestically assembled Solar Photovoltaics (PV) panels (Solar Modules) under BABA manufactured product provisions. The waiver applies to recipients of DOE federal financial assistance under the Industrial Emissions Demonstrations and Advanced Industrial Facilities Deployment Programs. Waiver issued January 10, 2025 and expires December 31, 2025.
EPA issued implementation procedures and FAQs for the Greenhouse Gas Reduction Fund (GGRF) programs under the Build America, Buy America Act. The document clarifies that BABA strengthens Made in America Laws and requires that on or after May 14, 2022, federal financial assistance for infrastructure projects must ensure all iron, steel, manufactured products, and construction materials are produced in the United States. This guidance supports GGRF recipients in meeting BABA compliance requirements.
EPA’s Office of the Greenhouse Gas Reduction Fund published a program-specific FAQ/procedures document explaining how BABA applies for GGRF recipients. The guidance addresses applicability determinations (including infrastructure scoping concepts), compliance documentation and certifications, record retention, and waiver processes. GGRF recipients and implementing partners should align procurement documentation and waiver workflows to this program guidance.
The Department of Transportation is seeking public comments on a proposed general applicability public interest waiver of Build America, Buy America Act (BABA) requirements for federal financial assistance awarded for infrastructure projects located in the Pacific Island territories (Commonwealth of Northern Mariana Islands, Guam, and American Samoa) and the Freely Associated States (Republic of Palau, Republic of Marshall Islands, and Federated States of Micronesia). The proposed waiver would relieve recipients from domestic preference requirements under BABA section 70914(a) for infrastructure projects in these jurisdictions.
FHWA published a Buy America waiver notification for the Illinois Department of Transportation's (IDOT) Pump Station 37 Project. The waiver is limited to applicable purchases by IDOT, IDOT's contractors, or subcontractors of the waiver items (submersible pumps). The waiver does not apply to purchases made for any other products or projects. The waiver is effective from the effective date of the final waiver through the period of performance and closeout of FHWA's financial assistance for the project, estimated to be October 2028.
GSA issued Optional Form 2211 (Revision 5/2024), the Build America Buy America Waiver Request Data Collection form. This standardized form is used for submitting waiver requests to BABA requirements. The form collects information necessary for agencies to evaluate waiver requests for domestic sourcing requirements under Section 70914 of BABA. Form expires 09/30/2026 under OMB Control No. 0505-0028.
OMB guidance for grants and agreements addressing Buy America preferences (BABA implementation for federal financial assistance) was published in the Federal Register. This guidance is a central governmentwide reference used by agencies and recipients to interpret and apply BABA domestic preference requirements, including definitions and waiver processes as implemented through grants and cooperative agreements.