Build America, Buy America

 

All grantees must comply with the Build America, Buy America Act (the Act), Pub. L. No. 117-58, §§ 70901-52, including the implementing requirements at 2 CFR Part 184 and M-24-02 and M-22-11.  None of the funds provided under this award may be used for an infrastructure project unless: 

1. 1. All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
   2. All manufactured products used in the project are produced in the United States. This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation.
   3. All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States. The construction material standards are listed in the definitions section below.

Incorporation into an infrastructure project – The Buy America preference only applies to articles, materials and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

Waivers – When necessary, recipients may submit a written waiver request to SCRC to waive the Buy America Preference. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by SCRC and the Office of Management and Budget Made in America Office.

Recipients should consult the SCRC Buy America page here SCRC to determine whether there are any applicable waivers in place.

When SCRC has determined that one of the following exceptions applies, a final determination of the waiver request will be made:

i) applying the Buy America Preference would be inconsistent with the public interest.

ii) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or

iii) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent.

Before applying a Buy America preference to a covered program that will affect Tribal Communities, SCRC will follow the consultation policies established through Executive Order 13175, Consultation and Coordination with Indian Tribal Governments.