OMB Proposes New Domestic Preference Requirements for Federally Funded Infrastructure Projects

On February 9, 2023, the Office of Management and Budget (OMB) issued a proposed rule that would subject all federally funded infrastructure projects to domestic preference requirements that are materially similar to the Buy American Act requirements applicable to many federal procurements. For purposes of this rulemaking, “infrastructure project” is “any activity related to the construction, alteration, maintenance, or repair of infrastructure in the United States regardless of whether infrastructure is the primary purpose of the project.”