Buy American Requirements for Construction Material

On March 31, 2009 the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council issued an interim rule that would: (1) implement section 1512 of Division A of the American Recovery and Reinvestment Act (ARRA) of 2009, which implements the ARRA with respect to the unique Buy American provision; (2) implement section 1605 of the ARRA by adding a new Subpart 25.6, entitled ‘‘American Recovery and Reinvestment Act—Buy American Act—Construction Materials;’’ and (3) add new provisions and clauses at Part 52, with conforming changes to Subparts 1.1, 5.2, 25.0, 25.2, and 25.11. The rule would also:

• Prohibits the use of funds appropriated for the Recovery Act for any project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States.
• But, requires that the Buy American requirement be applied in a manner consistent with U.S. obligations under international agreements. Least developed countries can continue to be treated as designated countries.
• Provides for waivers under certain limited circumstances.

AGC Comments - Interim Rule FAR Case 2009008 - Buy America Requirements for Construction Material

• On June 1, 2009 the Associated General Contractors of America submitted comments on FAR Case 2009-008.