Temporary DOT Buy America Waiver for Construction Materials

Published on: May 20, 2022

As the Biden-Harris Administration advances the implementation of the historic Bipartisan Infrastructure Law, the U.S. Department of Transportation (DOT) will continue to maximize the use of products and materials that are made in America for all federally funded projects, building on the DOT’s long track record of encouraging American sourcing for products such as iron and steel.

To prepare for compliance with the Bipartisan Infrastructure Law’s new Made in America standards for construction materials, DOT is issuing a transitional waiver with an effective date of May 14, 2022. The transitional waiver will expire on November 10, 2022, 180 days from the effective date.

DOT previously posted a proposed version of the waiver for public review and received extensive comments from a range of external stakeholders, including state and local departments of transportation, transit and transportation agencies, labor unions, businesses, and others. DOT incorporated feedback as appropriate.

The transitional waiver is intended to strengthen Made in America processes and provide for enhanced enforcement over time. During the period of the transitional waiver, DOT expects the industry, states, and other partners to continue the compliance process. Using feedback from the proposed waiver and continued engagement through the waiver period, DOT will work to ensure the creation of robust enforcement and compliance mechanisms. Suppliers and other stakeholders are encouraged to inform DOT about sufficient domestic availability of categories of construction materials to help DOT shorten the transitional waiver or narrow its applicability to encourage prompt domestic sourcing.

Made in America Standards
Notice of Proposed Temporary Waiver of Buy America Requirements for Construction Materials
Made in America Processes
Made in America Executive Order

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