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On April 28, the Department of Transportation (DOT) published a request for comment on proposing to issue a transitional waiver to comply with the Bipartisan Infrastructure Law’s new Buy America requirements. Here’s what to know:

• On April 22, the White House Office of Management and Budget issued a memo directing all federal agencies to ensure that all “funds made available for a Federal financial assistance program for infrastructure” are covered by the new infrastructure law’s “Build America, Buy America” provisions by no later than May 14, 2022.
• In order to comply with this requirement, DOT’s proposed transitional waiver gives them up to 180 days after May 14 to develop enforcement and compliance guidance on the new provisions.
• The Department states this waiver is “intended to… provide for strengthened enforcement over time” and that they “expect states, industry, and other partners to begin the compliance process.”
• This new measure will expand the domestic preference law to include materials such as non-ferrous metals, plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables), glass (including optic glass), lumber, and more.
• During negotiations of the infrastructure legislation, 51���� secured exemptions for concrete, asphalt, and aggregates from the definition of “construction materials.”

51���� supports this move by the Department and will voice that during the comment period. At a time when transportation contractors are still facing historic disruptions to the material supply chain, it is self-evident that more time and collaboration among industry partners is needed to be able to meet these new requirements.