What are the implications of “Buy American” provisions of the Recovery Act?
Section 1605 of the Recovery Act prohibits use of Recovery Act funds for a “project for the construction, alteration, maintenance or repair” of a “public building or public work” unless all of the iron, steel and “manufactured goods” used in the project are produced in the United States unless one of three exceptions applies. OMB issued guidance regarding the implementation of section 1605 in the Federal Register on April 23, 2009. “Public building and public work” is defined by 2 C.F.R. ยง 176.140(a)(2) as a public building of, and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, State and local governments, multi-State, regional, or interstate entities that have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, w
