The objective of this research is to produce an easy-to-use guide that addresses all of the Buy America requirements applicable to federally funded airport projects, with an emphasis on the specific requirements associated with AIP and ARRA. The Transit Cooperative Research Program (“TCRP”)recently issued a Legal Research Digest discussing Federal Buy America requirements for Federal Transit Administration (“FTA”) funded projects.[1] Tthe results of this research project would be a complement to that digest focusing on airports and FAA funded projects.
Issues to be examined include:
What are the Buy America requirements for federally funded airports under section 50101?
What are the Buy America requirements for federally funded airports under ARRA?
What is the legislative history guiding these Buy America requirements?
What Buy America Is Not?
What are the administrative cases or practices for FAA grants (or procurement) related to the Buy America programs under section 50101 and ARRA?
Identify the tests and interpretations applicable to the Buy America Requirements
Identify the tests and interpretations applicable to the Buy America Waivers and Exemptions
Buy American Compliance
What are the similarities and differences between “Buy America” requirements and practices for FAA-funded projects and those for other DOT grant agencies?
Can the policies and practices of other DOT grant agencies with respect to “Buy America” requirements be applied to the “Buy America” programs administered by the FAA “Buy America” programs?
Whether other federal, state, or local “Buy America” requirements may be applicable to FAA-financed airport projects[2]
[1]Guide To Federal Buy America Requirements – 2009 Supplement, TCRP Legal Research Digest 31 (March 2010)
[2] The research is not intended to produce a detailed listing of state and local requirements.Rather, a brief discussion of the existence of such requirements and strategies for practitioners and airport management to use to identify the requirements will be sufficient.
