The Federal Highway Administration (FHWA) issued Q&A guidance on January 5 further clarifying the application of Buy America requirements to manufactured goods in Federal-aid highway funded construction projects. This new requirement became effective on March 20, 2025 when FHWA terminated its longstanding Manufactured Products General Waiver (in place since 1983). FHWA previously clarified that manufactured products used and permanently incorporated into Federal-aid highway projects are subject to Buy America requirements similar to iron and steel.
For projects obligated between October 1, 2025 and October 1, 2026 a manufactured product must be manufactured in the United States to be compliant. Projects obligated after October 1, 2026 must have more than 55 % domestic components by cost. FHWA’s Q&A clarifies that “manufactured products” are articles, materials, or supplies processed into a specific form or combined with other supplies to create a product with different properties than the individual components.
The guidance confirms that excluded materials delivered without final form are not treated as manufactured products. These materials are cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives. Excluded materials are not subject to any applicable Buy America standard (steel or iron product, manufactured product, or construction material) if delivered to the project site on their own or in combination with other excluded materials.
The guidance addresses the application of the Buy America requirements to precast concrete items and ITS products. It further clarifies that documentation of domestic manufacturing is required before permanent incorporation, and Buy America applies regardless of whether federal funds are used to purchase the products so long as the project itself is federally assisted.