OMB Proposes New Buy America Regulations for Federal Grant Recipients Participating in Infrastructure Projects, but Leaves Many Questions Unanswered

Venable – While Buy America requirements are nothing new to the realm of federal procurement, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which govern federal grants and cooperative agreements, previously only directed recipients to “provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States.” The Build America, Buy America Act, signed into law on November 15, 2021, changed that preference into a requirement.