# D.C. Circuit Clarifies Buy America Waiver Rules

The D.C. Circuit ruled in a dispute involving an FRA-funded high-speed passenger rail project connecting Rancho Cucamonga, California, and Las Vegas, Nevada, that Buy America waiver decisions must assess domestic manufacturing capacity available when the waiver is granted—not capacity a manufacturer expects to develop later. The project is reported at $12 billion, including $3 billion in federal funds through the Federal Railroad Administration, and involves the provision of 10 trains. The ruling also indicates that a domestic manufacturer may have standing to challenge a waiver when it is the only domestic source.

- Contractors seeking or relying on a waiver should document the domestic manufacturing capacity that exists at the time of the waiver decision; anticipated future production may not support the waiver.
- Domestic manufacturers may have grounds to challenge a waiver if they are the only U.S. source, increasing the importance of accurate sourcing and waiver records for agencies, bidders, and suppliers.
- Firms supplying imported products should reassess waiver strategies against current U.S. production capacity. The signals also identify proposed waiver notices and FAR changes as developments to follow.

**Jurisdictions:** federal
**Industries:** Transportation
**Topics:** Regulatory Compliance, Policy
**Published:** October 15, 2026

### Government Entities
- Federal Railroad Administration (FRA)
- U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit)
- Nevada Department of Transportation (NDOT)
- Federal Acquisition Regulatory Council (FAR Council)
- Office of Management and Budget Made in America Office (OMB Made in America Office)

### Vendors
- Alstom (unsuccessful offeror and domestic train manufacturer)
- Siemens (preferred bidder and train awardee)
- Brightline (prime contractor)

### Key Quotes
> On the one hand, the decision confirms that in order to object to a waiver to allow foreign products, a domestic manufacturer has to be able to demonstrate that they’re already producing the product in the United States when the waiver is being considered.
> — Dan Ramish, Partner at Haynes Boone

### Sources
- [
        A new Buy America ruling says waiver decisions must be based on today’s manufacturing capacity, not tomorrow’s - Federal News Network](https://federalnewsnetwork.com/podcast/federal-drive-with-terry-gerton-podcast/a-new-buy-america-ruling-says-waiver-decisions-must-be-based-on-todays-manufacturing-capacity-not-tomorrows) - Federal News Network
- [
        New ruling clarifies Buy American legalities - Federal News Network](https://federalnewsnetwork.com/acquisition-policy/2026/10/new-ruling-clarifies-buy-american-legalities) - Federal News Network