What are the Buy America provisions in the ARRA and how do they specifically apply to projects funded through the Department of Transportation and the Department of Homeland Security?

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What are the Buy America provisions in the ARRA and how do they specifically apply to projects funded through the Department of Transportation and the Department of Homeland Security?

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The ARRA contains broad requirements that funds under the Act being used for new public buildings and projects cannot be used to purchase any foreign iron, steel, or manufactured goods. The Act does not define “manufactured goods,” which could conceivably result in this requirement being imposed on all inputs into the “construction, alteration, maintenance, or repair of a public building or public work….” In addition, “public work” is not defined, which could mean this requirement will be imposed on clean energy projects, water projects, the construction of broadband infrastructure and other similar “public works” supported in the legislation. Expect each federal agency or department to include Buy America guidance in the overall guidance explaining requirements to access ARRA funds. Specifically, Section 1605(a) of ARRA states the following: BUY AMERICAN SEC. 1605. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS. (a) None of the funds appropriated or otherwise made available by th

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