Posts from 2025
FHWA Rescinds Longstanding Buy America Waiver for Manufactured Products

On January 14, 2025, the Federal Highway Administration (FHWA) announced a new final rule to end its longstanding waiver of Buy America requirements for “manufactured products” used in Federal-aid highway projects.

By way of background, FHWA’s Buy America statute was enacted in 1983 and required FHWA to ensure that all federally funded projects use only steel, iron, and manufactured products that are produced in the United States.  However, at the time, FHWA determined that it would be in the public interest to waive the Buy America requirements for manufactured products ... 

Posted in News, Policy
New Transportation Secretary Gets to Work with New Directives

Sean Duffy was sworn in as the 20th Secretary of the United States Department of Transportation (U.S. DOT) on January 29, 2025, and immediately issued directives that will impact the operations of the Department and its Operating Administrations (OA), as well as state and local grant recipients ... 

Posted in News, Policy
Trump Administration Pauses Federal Funding, Federal Court Reviewing

President Trump was inaugurated on January 20, 2025, and issued numerous executive orders later that afternoon. Many of these executive orders, including one that directly referenced infrastructure, paused federal funding for the purpose of giving the Trump Administration the opportunity to review that funding against the Administration’s priorities. Since these executive orders were signed, there have been several developments as stakeholders grappled with the impact of the orders and as the Trump Administration has attempted to clarify and issued subsequent ...

Posted in News, Policy
GAO’s 2024 Bid Protest Annual Report: Prevalent Reasons for Sustained Bid Protests and How to Avoid Them

The Government Accountability Office’s (GAO) fiscal year 2024 report on federal bid protests includes useful insights into federal procurement trends that can help state and local government agencies mitigate bid protest risks. Among other findings, the GAO identified unreasonable technical evaluation, flawed selection decision, and unreasonable cost or price evaluation as the three most prevalent reasons for sustained protests. Examining the cases identified by the GAO for each of those reasons can help public owners understand procurement practice pitfalls that ...

Nossaman’s 30-plus infrastructure attorneys offer clients, colleagues, strategic partners and industry media a wealth of practical experience, insider insight and thoughtful analysis here on Infra Insight. We blog about what we know best, from industry-leading procurements to local and national policy developments that affect the market and our clients.

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