President Biden’s long-awaited Infrastructure Investment and Jobs Act was passed by Congress and signed into law in November 2021. While the new law brings about new sources of revenue and opportunities for contractors, particularly those involved in complex construction projects such as roads, bridge and tunnels, traditional and renewable energy, drinking and wastewater delivery, and information technology infrastructure, these new sources of revenue are likely to come with strings attached. With the creation of the Made in America Office, whose purpose will be to monitor contractors’ compliance with domestic preference requirements, we will likely see an increase in bid protests of large project awards and supply chain and manufacturing audits as the industry tries to comply with new Buy American policies.
Those seeking to bid on projects stemming from the framework will need to remain alert to how the changes to domestic preferences will be implemented and enforced in the coming months and years. To read the full article, originally published in Law360 on January 6, 2022, click here.