For projects advertised after November 10, 2022

Requirements under the Infrastructure Investment and Jobs Act (IIJA) / Bipartisan Infrastructure Law (BIL) (Pub. Law 117-58, Nov. 15, 2021), Sec. 70914

Title 2 of the Code of Federal Regulation (2 CFR) part 200.322 states that Federal Agencies providing Federal financial assistance for infrastructure projects must implement the Buy America preferences set forth in 2 CFR part 184. Articles, Materials, and Supplies are classified into one of the following categories:​

• Iron and Steel products
• Manufactured products
• Construction materials; or
• Section 70917(c) materials

Section 313 of title 23, U.S.C. and 23 CFR 635.410 requires that all steel, iron, and manufactured products and 2 CFR part 184 for construction materials used in Federal Highway Administration (FHWA) partially or fully funded projects be produced in the United States.

Buy America Requirements for Manufactured Products

The FHWA published a Federal Register notice on January 14, 2025, that terminates its General Applicability Waiver for manufactured product. The final rule amends FHWA’s Buy America regulation to terminate FHWA’s general applicability waiver for manufactured products and establishes Buy America requirements for manufactured products with respect to Federal-aid highway projects. The effective date of the final rule was March 20, 2025. The effective dates for phasing in the new requirements for manufactured products are provided below:

October 1, 2025: The final assembly requirement will become effective for Federal-aid projects advertised on or after October 1, 2025. This means that for Federal-aid projects advertised on or after October 1, 2025, the final assembly of the manufactured product must occur in the United States.

October 1, 2026: The 55 percent requirement will become effective for Federal-aid projects advertised on or after October 1, 2026. This means that for Federal-aid projects advertised on or after October 1, 2026, all manufactured products permanently incorporated into the project must both be manufactured in the United States (satisfy the final assembly requirement) and have the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States be greater than 55 percent of the total cost of all components of the manufactured product (satisfy the 55 percent requirement).

Maryland State Highway Administration Related Documents

Sourced Materials Categorizations (PDF, 200 KB)

BABA Presentation ​(PDF, 500 KB)

General Information

FHWA Buy America Construction Program Guide

23 USC 313, Chapter 3, Buy America (United States Code)

23 CFR 635.410 Buy America requirements (Code of Federal Regulations)

Bipartisan Infrastructure Law - Build America, Buy America Act Q&As (PRE October 23, 2023)

Bipartisan Infrastructure Law - Build America, Buy America Act Q&As (POST October 23, 2023)

Waivers

Federal Register notice that terminates its General Applicability Waiver for manufactured product. (01/14/2025)

Waiver of Buy America Requirements for De Minimis Costs and Small Grants (8/16/2023) (01/14/2025)