The Office of Management and Budget replaced its memorandum on the conditions for applying or getting exempted for the Buy America preference among federal agencies with financial assistance programs for infrastructure.
The new guidance comes more than a year after OMB issued Memorandum M-22-11, which was formulated in compliance with the 2021 Build America, Buy America Act, the agency said Wednesday.
In the latest memo, OMB specified a Buy America preference to articles, materials and supplies that are incorporated, affixed or consumed in an infrastructure project. It excludes tools and equipment temporarily used during construction, as well as equipment and furnishings that are not considered an integral or final component of the project.
The agency also defined the Buy America parameters for-profit organizations in the running for infrastructure financial assistance. It emphasizes the terms stated in title 2 of the Code of Regulations part 184, which sets the scope of infrastructure as government projects, facilities, systems and utilities that will serve a public versus a private or personal function.