Regulatory Alert: AAAE Solicits Feedback on New Buy America Requirements for Construction Materials
August 4, 2022
AAAE is distributing a survey to members to solicit and collect feedback on the new Build America, Buy America (BABA) requirement that “all construction materials“ used in infrastructure projects be manufactured in the United States. Last week, as outlined in our July 28 Regulatory Alert, the U.S. Department of Transportation (DOT) issued a request for information (RFI) that asked stakeholders for feedback on how the new BABA provisions should be interpreted and implemented; the availability of commonly used construction materials in the United States; and the new rule's potential impacts to federally funded projects. 
You can find AAAE's BABA survey here. We encourage you to share the survey with your staff that is responsible for Buy America compliance and/or any contractors or subcontractors that may have responsive information. The survey results will enable us to better respond to the RFI and demonstrate the need for an extension of the temporary waiver of BABA requirements for construction materials that remains in effect until November 10. Feedback will also allow us to highlight any potential challenges or impacts that may result from implementation of the new requirements. 
DOT has set August 18 as the deadline for submitting responses. The original deadline was set for August 12, but DOT adjusted and extended the date in the official docket, which can be found here. We are asking members to provide us feedback through the survey no later than Monday, August 15. AAAE has requested a 30-day extension from DOT to respond and will update members if the deadline changes. However, in the meantime, we still need to be prepared to respond before August 18 and greatly appreciate any feedback you can provide. 
AAAE is distributing a survey to members to solicit and collect feedback on the new Build America, Buy America (BABA) requirement that “all construction materials“ used in infrastructure projects be manufactured in the United States. Last week, as outlined in our July 28 Regulatory Alert, the U.S. Department of Transportation (DOT) issued a request for information (RFI) that asked stakeholders for feedback on how the new BABA provisions should be interpreted and implemented; the availability of commonly used construction materials in the United States; and the new rule's potential impacts to federally funded projects. 
You can find AAAE's BABA survey here. We encourage you to share the survey with your staff that is responsible for Buy America compliance and/or any contractors or subcontractors that may have responsive information. The survey results will enable us to better respond to the RFI and demonstrate the need for an extension of the temporary waiver of BABA requirements for construction materials that remains in effect until November 10. Feedback will also allow us to highlight any potential challenges or impacts that may result from implementation of the new requirements. 
DOT has set August 18 as the deadline for submitting responses. The original deadline was set for August 12, but DOT adjusted and extended the date in the official docket, which can be found here. We are asking members to provide us feedback through the survey no later than Monday, August 15. AAAE has requested a 30-day extension from DOT to respond and will update members if the deadline changes. However, in the meantime, we still need to be prepared to respond before August 18 and greatly appreciate any feedback you can provide. 
