U.S. Department of Transportation Issues Proposed Temporary Waiver of Buy America Requirements for Construction Materials for Public Comment

As the U.S. Department of Transportation continues its implementation of the Bipartisan Infrastructure Law, it will maximize the use of products and materials that are made in America for all federally funded projects.

To prepare for compliance with the legislation’s new Made in America standards for construction materials, DOT is seeking comment on a proposed temporary waiver that would become effective on May 14, 2022. The proposed transitional waiver would expire 180 days after May 14, 2022.

The proposed transitional waiver is intended to strengthen Made in America processes and provide for strengthened enforcement over time. During the period of the proposed transitional waiver, DOT expects state and local entities, transit agencies, contractors, industry, and other partners to begin the compliance process. DOT, using feedback from comments on the proposed waiver and continued engagement through the waiver period, will work to ensure the creation of robust enforcement and compliance mechanisms. Suppliers and other stakeholders are encouraged to inform DOT of currently sufficient domestic availability of categories of construction materials to help DOT shorten the transitional waiver or narrow its applicability to rapidly encourage domestic sourcing.

DOT is required by law to provide notice and seek comment on proposed waivers 15 days in advance of issuing them. Submit comments and feedback on the proposed transitional waiver on or before May 13, 2022.