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ENERGY, POWER & COMMODITIES

Buy American Act compliance

Buy American Act compliance in the Energy, Power and Commodities sector is tightening, driven by Federal Acquisition Regulation updates and heightened enforcement scrutiny from the U.S. Department of Energy and the Federal Energy Regulatory Commission over domestically sourced components in grid infrastructure, generation assets, and commodities-related procurement. The U.S. Office of Management and Budget's 2022 final rule raised domestic content thresholds to 60 percent, with a phased climb to 75 percent by 2029, and energy sector contractors are now mapping supplier chains against those thresholds before renewal cycles hit. Waiver documentation, country-of-origin certification gaps, and subcontractor flow-down obligations are where enforcement exposure is concentrating.

Watch

  • OMB domestic content threshold increases: 65% floor takes effect January 2024
  • DOE loan program conditions tying BAA compliance to clean energy project financing
  • Subcontractor flow-down obligations in grid modernization and transmission contracts
  • FERC jurisdictional project reviews intersecting with procurement origin requirements

Recent material activity in Energy, Power & Commodities

Active monitoring in place across Energy, Power & Commodities. Material developments related to buy american act compliance will appear here as they are published.