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Q:

Does FHWA apply Buy America to manufactured goods as provided in ARRA Section 1605?

1 Answer

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No, the FHWA does not apply Buy America to manufactured goods. Title XII of the Recovery Act specifically provides that ARRA-funded highways are to be administered as if apportioned under chapter 1 of title 23, United States Code. Accordingly, ARRA-funded highway projects are administered in accordance with the requirements of title 23, United States Code, including the provisions of Buy America at 23 USC 313. The FHWA, in implementing the final Buy America regulations in 1983 (see http://www.fhwa.dot.gov/programadmin/contracts/112583.cfm), decided it was in the public interest to waive the application of Buy America to manufactured products other than steel and iron manufactured products. Since the Recovery Act directs that ARRA-funded highway projects be administered in accordance with title 23, United State Code, the FHWA will apply the Buy America provision at 23 USC 313, and implementing regulations and policies, to all Recovery Act highway construction projects — not ARRA ... more
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