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Build America, Buy America Act Guidance Announced

August 17, 2023. In February, President Joseph R. Biden announced, “new standards to require all construction materials used in federal infrastructure projects to be made in America,” in his 2023 State of the Union address. Earlier this week, the Office of Management and Budget (OMB) released final guidance in support of the Bipartisan Infrastructure Law’s (BIL) statutory requirements, detailing the materials that must comply with the “Made in America” rule.

The final guidance for the use of American-made goods in infrastructure projects is a result of the Bipartisan Infrastructure Law’s (BIL) stringent standards for manufactured products, construction materials, and iron and steel. This guidance will increase the likelihood that infrastructure projects will use domestically made materials, directing agencies to spend taxpayer dollars and funding job creation in construction and manufacturing sectors. By requiring that construction materials used in federally funded infrastructure projects be made in America, the BIL will ensure that taxpayer money supports the U.S. economy and American workers.

The Build America, Buy America Act Guidance clarifies the “domestic content preference” for iron or steel products, manufactured products, and construction materials. This guidance also addresses questions such as what constitutes construction materials, how is the cost of components of a manufactured product determined, what happens if certain products are not available, and when waivers to Buy America rules may be permitted. The guidance will take effect 60 days after publication in the federal register.

Violations of the Buy American Act can be reported by whistleblowers under the False Claims Act.

If you would like to report customs fraud or government contracts fraud, you can contact attorneys at Tycko & Zavareei LLP. For a free consultation, you can contact Jonathan Tycko at [email protected]. You can also go to Tycko & Zavareei LLP’s website for whistleblowers to learn more at


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