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