flexiblefullpage
billboard
interstitial1
catfish1
Currently Reading

Biden Administration’s proposed building materials rules increase domestic requirements

Codes

Biden Administration’s proposed building materials rules increase domestic requirements

At least 75% of the value of the product’s component would have to be made in the U.S., according to the Biden Administration’s proposal.


By Peter Fabris, Contributing Editor  | March 2, 2023
Biden Administration’s proposed building materials rules increase domestic requirements
Image by Dmitriy from Pixabay

The Biden Administration’s proposal on building materials rules used on federal construction and federally funded state and local buildings would significantly boost the made-in-America mandate.

In the past, products could qualify as domestically made if at least 55% of the value of their components were from the U.S. The administration intends to increase the percentage of value in stages from 55% to 60%, and then to 75%.

Implementing these rules will add complexity to sourcing materials for projects receiving federal funding. For example, a mix between U.S. and Canadian dimensional lumber for a project probably wouldn’t be allowed if the Canadian wood was processed outside the U.S. But domestically manufactured lumber made from Canadian logs would likely be acceptable.

The domestic mandate has raised concerns from construction industry groups. The National Association of Home Builders has urged exemptions for single-family and multifamily affordable housing projects. Kojo, a firm that makes materials management software for contractors, says that restricting the supply base to American-made is likely going to burden contractors who are already having difficulty sourcing materials at reasonable costs.

According to the Biden Administration, the proposed rule directs the following changes to strengthen Buy American requirements:

  • “Make Buy American Real” and close loopholes by raising the domestic content threshold. The Buy American statute says products bought with taxpayer dollars must “substantially all” be made in the U.S. However, today, products could qualify if just 55%–just over half—of the value of their component parts was manufactured here. The NPRM proposes an immediate increase of the threshold to 60% and a phased increase to 75%. This proposal would close a problematic loophole in the current regulation, while also allowing businesses time to adjust their supply chains to increase the use of American-made components. If adopted, this change would create more opportunities for small- and medium-sized manufacturers and their employees, including small and disadvantaged enterprises, from all parts of the country. To support this work, the Small Business Administration has created a new manufacturing office in its federal contracting division.
  • Strengthens domestic supply chains for critical goods with new price preferences. As the pandemic made clear, supply chain disruptions can impact the health, safety, and livelihoods of Americans—leaving us without access to critical goods during a crisis. Some products are simply too important to our national and economic security to be dependent on foreign sources. The NPRM proposes applying enhanced price preferences to select critical products and components identified by the Critical Supply Chain review, mandated under E.O. 14017, and the pandemic supply chain strategy called for under E.O. 14001. These preferences, once in place, would support the development and expansion of domestic supply chains for critical products by providing a source of stable demand for domestically produced critical products.
  • Increases transparency and accountability in Buy American rules. Reporting challenges have hampered implementation of Buy American rules for decades. Currently, contractors only tell the government if they meet the content threshold rather than reporting the total domestic content in their products. The NPRM proposes to establish a reporting requirement for critical products. The new reporting requirement would bolster compliance with the Buy American Act and improve data on the actual U.S. content of goods purchased. More complete and accurate data would be used to target future improvements to support America’s entrepreneurs, farmers, ranchers, and workers— and along the way, create good jobs and resilient communities.

Learn more about the Buy American Rule at Whitehouse.gov.

Related Stories

Codes and Standards | Sep 19, 2024

Navigating the intricacies of code compliance and authorities having jurisdiction

The construction of a building entails navigating through a maze of regulations, permits, and codes. Architects are more than mere designers; we are stewards of safety and navigators of code compliance.

Government Buildings | Sep 17, 2024

OSHA’s proposed heat standard published in Federal Register

The Occupational Safety and Health Administration (OSHA) has published a proposed standard addressing heat illness in outdoor and indoor settings in the Federal Register. The proposed rule would require employers to evaluate workplaces and implement controls to mitigate exposure to heat through engineering and administrative controls, training, effective communication, and other measures.

Adaptive Reuse | Aug 22, 2024

6 key fire and life safety considerations for office-to-residential conversions

Office-to-residential conversions may be fraught with fire and life safety challenges, from egress requirements to fire protection system gaps. Here are six important considerations to consider.

Codes and Standards | Jul 25, 2024

GSA and DOE select technologies to evaluate for commercial building decarbonization

The General Services Administration and the U.S. Department of Energy have selected 17 innovative building technologies to evaluate in real-world settings throughout GSA’s real estate portfolio.

Government Buildings | Jul 8, 2024

GSA adopts new accessibility guidelines for federal properties

The U.S. General Services Administration (GSA) adopted a new rule with new accessibility guidelines for federal buildings. The rule establishes that pedestrian facilities in the public right-of-way are readily accessible to and usable by people with disabilities. 

Codes | Jun 17, 2024

To avoid lawsuits, contractors and designers need to do more than comply with codes

Climate change is making design and construction more challenging and increasing the potential for lawsuits against building teams, according to insurance experts. Building to code is not enough to reduce liability because codes have not kept up with the rapid climate changes that are making extreme weather more common.

MFPRO+ News | May 20, 2024

Florida condo market roiled by structural safety standards law

A Florida law enacted after the Surfside condo tower collapse is causing turmoil in the condominium market. The law, which requires buildings to meet certain structural safety standards, is forcing condo associations to assess hefty fees to make repairs on older properties. In some cases, the cost per unit runs into six figures.

Codes and Standards | May 10, 2024

California law that ended single-family zoning is struck down by court

A law ending single-family-home-only zoning in California was ruled unconstitutional by a Los Angeles County Superior Court judge. The decision could lead to the law being invalidated in the state’s largest cities. 

Government Buildings | May 10, 2024

New federal buildings must be all-electric by 2030

A new Biden Administration rule bans the use of fossil fuels in new federal buildings beginning in 2030. The announcement came despite longstanding opposition to the rule by the natural gas industry. 

MFPRO+ Special Reports | May 6, 2024

Top 10 trends in affordable housing

Among affordable housing developers today, there’s one commonality tying projects together: uncertainty. AEC firms share their latest insights and philosophies on the future of affordable housing in BD+C's 2023 Multifamily Annual Report.

boombox1
boombox2
native1

More In Category


Government Buildings

OSHA’s proposed heat standard published in Federal Register

The Occupational Safety and Health Administration (OSHA) has published a proposed standard addressing heat illness in outdoor and indoor settings in the Federal Register. The proposed rule would require employers to evaluate workplaces and implement controls to mitigate exposure to heat through engineering and administrative controls, training, effective communication, and other measures.



halfpage1

Most Popular Content

  1. 2021 Giants 400 Report
  2. Top 150 Architecture Firms for 2019
  3. 13 projects that represent the future of affordable housing
  4. Sagrada Familia completion date pushed back due to coronavirus
  5. Top 160 Architecture Firms 2021