Does Buy America apply to concrete?
It used to, but in 1984, the President signed a law which included a section removing cement from the list of items covered. Pub. L. 98-229 (1984). The following year, FTA implemented that change in the Buy America regulation. The final rule stated, in part, “Congress clearly indicated that the domestic preference requirements of [Buy America] should not be applied to the procurement of cement and cement products in [FTA] grantee third party contracts utilizing federal funds.” 50 Fed. Reg. 2298 (Jan. 16, 1985). Concrete is a “cement product,” and as such, is exempt from the requirements per the amendment.