February 12, 2025 Update
The evening of February 11, 2025, the United States Court of Appeals for the First Circuit denied the Administration’s request for an administrative stay of the TRO and subsequent order enforcing its TRO issued by the United States District Court in the District of Rhode Island, pending the Administration’s motion for a stay of the TRO and subsequent order pending appeal. In denying the request, the First Circuit was unconvinced that the TROs and subsequent order “. . . bars both the President and much of the Federal Government from exercising their own ...
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 ...
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 ...
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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