OMB Publishes Build America, Buy America Final Rule

On August 23, the Office of Management and Budget (OMB) published a final rule titled “Guidance for Grants and Agreements” to support the implementation of the Build America, Buy America Act (BABA). This rule is directed toward federal agencies and will provide uniformity in how specific materials are considered. OMB will release additional information via a memo that will take effect on the same day as this new regulation, October 23, 2023.

Under BABA, iron and steel, construction materials, and manufactured goods must comply with the law’s Buy America Preference. This rule differentiates between the three categories and applies their definitions to certain products used in infrastructure projects.

NAHRO submitted comments in response to OMB’s proposed rule in March 2023 and will continue communicating with HUD or other agencies as BABA is implemented. For more discussion about this final rule, see the September 1 edition of The NAHRO Monitor.