BACKGROUND

The Buy America (BA) law was enacted in 1981 and modified in the Moving Ahead for Progress in the 21st Century Act (MAP-21). In 2022, the Infrastructure Investment and Jobs Act (IIJA) added the Build America Buy America Act (BABA), which expanded the list of materials required to be domestically sourced on federally funded projects. These legislative changes added requirements that impacted utility relocations on projects administered through the Federal Highway Administration. Utility companies, often operating without federal funding in their regular business practices, are not consistently familiar with the terms of BA/BABA, and procurement contracts may not expressly require BA/BABA compliance. In some cases, their interactions with state departments of transportation (DOTs) requiring BA/BABA compliance result in refusals to participate, contract, or relocate, impacting project costs and schedules. Differences in interpretation of federal BA/BABA requirements along with differences in regional laws, policies, and procedures reflect the need for additional guidance on ensuring BA/BABA compliance when working with utility companies. 

OBJECTIVE 

The objective of this research is to develop a guide for transportation agencies to implement practices for consistently ensuring compliance with BA/BABA requirements in utility relocations. 

RESEARCH TASKS

PHASE I 

Task 1. Conduct preparations for stakeholder outreach. 

Task 1a. Conduct a literature review. The literature review should begin with examination of BA/BABA legislation, federal BA/BABA policy and guidance, and applicable waivers, followed by examination of state DOT BA/BABA policies and procedures. The review should also include pertinent national- and state-level research on BA/BABA and previous American Association of State Highway and Transportation Officials (AASHTO) surveys. 

Task 1b. Develop a stakeholder outreach plan. Focus outreach on transportation agencies that have experience ensuring compliance with BA/BABA requirements in utility relocations. The stakeholder cross-section should also include the Made in America Office (MIAO), utility companies of varying facility types with multistate or national-level experience in BA/BABA, and utilities material suppliers. Submit a technical memorandum containing the literature review and draft outreach plan. NCHRP approval is required before work on subsequent tasks begins. 

Task 2. Conduct stakeholder outreach. Identify stakeholders interested in participating in additional stakeholder outreach in Phase II.   

Task 3. Prepare an annotated outline for the guide and the research plan for Phase II. Based on findings from Tasks 1 and 2, prepare an annotated outline of the guide and a research plan for developing it. At minimum, the guide should:  

• Define BA/BABA-related technical terms such as "utility" and "manufactured products"
• Summarize BA/BABA legislation, federal BA/BABA policy and guidance, and applicable waivers
• Identify exemptions to BA/BABA compliance, e.g., regarding temporary and reused materials
• Describe how stakeholders ensure BA/BABA compliance, including compliance certification techniques; contract documents for agency-utility and utility-supplier agreements; managing material procurement processes; standards for verifying compliance, e.g., audits and inspections; educating stakeholders; and de minimis cost calculation methods
• Document unsolved compliance challenges stakeholders are experiencing, e.g., with utility-related products 
• Document processes to secure utility-specific waivers and the impacts of waivers
• Provide visual aids such as flowcharts for identifying compliance needs and processes 

Task 4. Prepare Interim Report No. 1 that documents Tasks 1 through 3 and includes potential participation from stakeholders in Phase II. The report shall provide an updated and refined work plan for the remainder of the research in Phase II. 

PHASE II

Task 5. Develop a draft guide according to the approved Interim Report No. 1. The draft guide should be submitted at least 6 months before the contract end date. NCHRP approval of the draft guide is required before work on subsequent tasks may begin. 

Task 6. Conduct additional stakeholder outreach. After NCHRP approval of the draft guide, obtain feedback from stakeholders on the draft guide via workshops, focus groups, or other avenues. Revise the draft proposed guide and outreach materials according to the feedback gathered during the outreach. NCHRP approval is required for any revisions to the guide. 

Task 7. Prepare final deliverables. Deliverables shall include (1) a conduct of research report summarizing the research effort, (2) the guide, (3) an implementation plan for state DOTs and other transportation agencies (see Special Note K), and (4) the outreach materials from Task 6 with a slide summary introducing the guide. 

STATUS: Proposals have been received in response to the RFP. The project panel will meet to select a contractor to perform the work.