Cite and link to the new requirement:

Request for Information on Construction Materials Used in Federal Financial Assistance Projects For Transportation Infrastructure in the United States Under the Build America, Buy America Act.

2022-16151.pdf (

Type of requirement:

Request for Information

Summary of requirement in 25 words or less:

DOT published two notices (see below) denying requests to extend the waiver for construction materials. The first notice asks for comments on its proposal to provide waivers for de minis costs, small grants and minor components. The second notice asks for comments on a waiver of the construction materials requirements for contracts entered into before Nov 10, 2022 and any contracts entered into by March 10, 2023 from solicitations issued after May 14, 2022.

Completed Comments Waiver for Certain Contracts (November 19, 2022)

Completed Comments Waiver for De Minimis Contracts (November 19, 2022)

Notice of Expiration of the DOT Construction Materials Waiver and New Proposed Waiver for Certain Contracts and Solicitations (November 4, 2022)

Notice of Expiration of the DOT Construction Materials Waiver and New Proposed Waiver for De Minimis Costs, Small Grants, and Minor Components (November 4, 2022)

How is it enforced by FTA, DOT, Direct grant requirement, triennial review or other?

DOT relies on the modal administrations to enforce Buy America requirements. FTA enforces it through its triennial review program and Buy America audits (pre-award and post-delivery).

Is there a cost or time impact to grantees (best estimate):

DOT requested information about the potential cost or time impact to grantees. Based on comments from APTA members, depending on DOT’s proposals, projects could grind to a halt due to the uncertainty regarding domestic sources for construction materials.

APTA actions to date:

APTA staff advisors distributed a summary to relevant committees and held a webinar to review the 16 questions posed in DOT’s RFI. Here are the Completed Comments.

Staff Advisors:

Linda Ford,


Procurement and Supply Chain Committee; and BMBG Procurement Committee

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