Federal Register Notice - Office of Management and Budget (OMB) Proposed Rule and notification

The Office of Management and Budget (OMB) published a Proposed Rule and notification of proposed guidance regarding the implementation of Build America, Buy America Act (BABA) provisions in the Federal Register this morning.

OMB is proposing a new part 184 in 2 CFR chapter I and revisions to 2 CFR 200.322, Domestic preferences for procurements. The new part generally aligns with OMB Guidance provided in OMB memorandum M-22-11 and also provides definitions and a common framework for applying Buy America Preferences to Federal Financial Assistance. In so doing, these revisions will provide consistent implementation of Buy America requirements for infrastructure projects Government-wide.

A copy of the Federal Register Notice may be accessed directly here:https://www.federalregister.gov/documents/2023/02/09/2023-02617/guidance-for-grants-and-agreements

Through the Federal Register Notice, OMB is requesting comments regarding the proposed language for 2 CFR 184. In particular, OMB is seeking input on the following items:

• Cost of components

• Other construction material standards (e.g. coatings, brick, engineered wood products)

• Proposed definition of construction materials

• Definition of “predominantly” iron or steel items

• How to distinguish between categories of products

• Meaning of composite building materials

• Fiber optic cables and optical fibers

• Standards applicable to optical fiber and optic glass

• Aggregates

Comments are due by March 13,2023 and must be submitted electronically https://www.regulations.gov/document/OMB_FRDOC_0001-0327.