Presented by McCarter & English

On November 15, 2021 President Biden signed the Infrastructure Investment and Jobs Act of 2021 (IIJA) allowing for investments of up to $1.2 trillion in building and upgrading bridges, roads, transit, water and sewer systems, and new broadband networks. Most of the monies will be funneled to states and municipalities through grants administered by the Department of Transportation’s Federal Highway Administration (FHWA), Federal Transit Administration (FTA), Federal Railroad Administration (FRA), Federal Aviation Administration (FAA) and Amtrak. All of the grants will have domestic preference restrictions attached to them. Moreover, IIJA included the Build America, Buy America Act (BABA) which adds more stringent Buy American rules to all federally funded infrastructure and public works projects. Attorneys Cara Wulf and Dan Kelly will provide a run down on the key domestic preference restrictions in IIJA and BABA, and opportunities available under the law for waivers of those restrictions.

Cara and Dan practice government contracts law at the law firm of McCarter & English, LLP, and have been writing and lecturing for years on all things “Buy American”. Dan brings more than 30 years of experience to the firm’s government contracts group. His practice combines both counseling and acting as an advocate on behalf of clients doing business in the government marketplace. Dan serves as Vice President and a Board member of NDIA’s New England Chapter. Before joining McCarter, Cara practiced law with the Army Corps of Engineers and the Defense Contract Management Agency. Her practice, like Dan’s, is broad based, covering all aspects of counseling, compliance, and litigation for and on behalf of federal and state contractors.

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