The Changing Landscape of Domestic Preferences for Federal Infrastructure Projects Under BABA

Thompson Coburn – On November 15, 2021, Congress enacted the Build America, Buy America Act (BABA Act), as part of the Infrastructure Investment and Jobs Act (IIJA), to strengthen Made in America laws consistent with President Biden’s directive in Executive Order 14005, “Ensuring the Future is Made in America by All of America’s Workers.” In the BABA Act, Congress tasked the Federal Acquisition Regulatory Council with amending Federal Acquisition Regulation (FAR) for the Buy American Act and also imposed new “Buy America” requirements on federal infrastructure programs not covered by the FAR.