Requirements under 23 U.S.C. 313 and 23 CFR 635.410 for iron or steel products, and manufactured products – Buy America Act
2 CFR 184 for construction materials – Build America Buy America Act
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 or Steel products
- Manufactured products
- Construction materials; or
- Other materials / Section 70917(c) materials
- Cement and cementitious materials
- Aggregate such as stone, sand, or gravel
- Aggregate binding agents or additives
Title 23 CFR 313 and 23 CFR 635.410 requires that all steel, iron, and manufactured products and 2 CFR part 184 for construction materials used in 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, to September 30, 2026: The final assembly requirement will become effective. This means that for Federal-aid projects advertised on October 1, 2025, to September 30, 2026, the manufactured product final assembly must occur in the United States.
October 1, 2026: The 55 percent requirement will become effective. This means that for Federal-aid projects advertised on or after October 1, 2026, the manufactured product final assembly must occur in the United States and satisfy the 55 percent of the components cost requirement.
Maryland State Highway Administration Related Documents
Sourced Materials Categorizations (ZIP, 1.8 MB)
Buy America - BABA Presentation (PDF, 500 KB)
New and updated Buy America Questions and Answers (Q&As), effective January 5, 2026, on the FHWA Buy America Website
Updates include guidance regarding the
Manufactured Products Final Rule. Below are links to the updates:
-
Manufactured Products Final Rule Q&As (PDF, 200KB): New Q&As provide clarity on the phased implementation requirements (Final Assembly and the 55% Domestic Content threshold)
-
Updated Q&As: Six additional sets of existing Q&As have been revised to align with current standards
- TheFHWA Buy America Website contains waiver information, the full Q&A sets, and links to Buy America law, regulation, policy, and guidance
Domestic Materials Self-Certification Form
Domestic Materials Self-Certification Form
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)