Supply Chain Management: Buy America Requirements under Federally-Funded Transportation Contracts and Programs




The U.S. Department of Transportation has promulgated unique “Buy America” requirements (different from the Buy American Act) applicable to the various federal transportation agencies, including the Federal Transit Administration (FTA), the Federal Highway Administration (FHWA), the Federal Railroad Administration (FRA High Speed Rail Program), National Railroad Passenger Corporation (Amtrak), and the Federal Aviation Administration (FAA). Though similar to the previously discussed “Buy American” requirements, these transportation infrastructure requirements differ, as does the process for obtaining waivers. In Part 3 of this 9-part series, the Sheppard Mullin Supply Chain Management Team discusses “Buy America” regulations under Federally-Funded Transportation Contracts and Programs.

In this session, we will cover:

  • How to distinguish between Buy “American” and “Buy America” (no ‘n’) requirements;
  • Exceptions and waivers available under the various Buy America Act;
  • Compliance best practices, including vendor certifications to support a prime contractor’s representations to the government.