The Federal Transit Administration (FTA) has proposed new policies on the applicability of the Buy America provisions in the Fixing America’s Surface Transportation (FAST) Act. Under the proposed policies, the Buy America provisions in the FAST Act do not apply to contracts entered into before October 1, 2015. FTA also proposed public interest waivers for contracts entered into between October 1, 2015 and December 4, 2015, and for some contracts entered into after December 4, 2015. For contracts entered into after December 4, 2015 that do not fall within the scope of a general public interest waiver, FTA proposed to consider individual public interest waivers, which are granted on a case by case basis.
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