October 4, 2023
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The Office of Management and Budget issued a notice of proposed rulemaking or NPRM on February 9 to revise its guidance for grants and agreements in support implementation of the “Build America, Buy America” or BABA Act. Comments are due by March 13.

[Above image via OMB]

Those proposed revisions build upon OMB’s initial guidance memo, released in April 2022 and drafted in reference to Executive Order 14005 issued in January 2021 – a presidential order that aims to “maximize the use of goods, products, and materials produced in, and services offered in, the United States,” specifically in terms of infrastructure projects.

President Biden. Official White House Photo by Adam Schultz.

[Editor’s note: President Biden hinted at the issuance of those revisions during his “State-of-the-Union” speech on February 7.]

OMB said its NPRM seeks “consistent implementation” of BABA requirements for infrastructure projects government-wide and across all modal administrations; both for existing projects and for those funded by the $1.2 Infrastructure Investment and Jobs Act enacted in November 2021.

The agency added that its proposed revisions provide “further guidance” on implementing these statutory requirements, while improving “federal financial assistance management and transparency.”


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