Does Buy American apply to private projects, or private contractors on public projects?
No, and yes, respectively. The Buy American requirements apply to all Recovery Act funds used for a project for the construction, alteration, maintenance, or repair of a public building or public work. The question, therefore, is whether the project is for a public building or public work, not who is performing the work. Generally speaking, if a government entity owns or leases the building or work, it is a public building or work that would be subject to the Buy American provision. However, title is not the only factor (it is not dispositive). Determinations of what is a public building or public work must be made on a case-by-case basis by the grantee and the Recovery Act award official (the Contracting Officer). Q: Is any change to a public building or work considered construction, alteration, maintenance, or repair and would it therefore trigger the Buy American provisions? Or, are minor changes that typically would not be considered a construction activity excluded? If the latter
