The Office of Management and Budget’s (OMB) August 14, 2023, final guidance for the “Build America, Buy America” (BABA) Act requirements went into effect on October 23, 2023. OMB’s final guidance has far-reaching implications for government contractors in the infrastructure sector, to include a new category of “construction materials” that must be produced in the United States. This article explores how OMB’s final guidance impacts BABA, and the key changes between the OMB’s interim and final guidance.
BABA is a federal law promoting domestic economic growth by requiring government contractors to use domestically produced products on federally funded infrastructure projects. BABA expands on an existing set of statutes and regulations created in the last 50 years requiring the use of American produced products on federally funded state and municipal infrastructure projects.
