Infrastructure

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Photo of Robert HagerPhoto of Joshua M. LindsayPhoto of Michelle ColemanPhoto of Lorraine M. CamposPhoto of Lily Geyer

As the United States government transitions from the Biden Administration to the Trump Administration, significant changes are already impacting infrastructure policy, with likely consequences to both planned and in-progress infrastructure projects around the country. Disruptions in funding and other policy changes are creating uncertainty for investors and stakeholders involved in infrastructure projects, particularly the potential impacts on projects funded under the Infrastructure Investment and Jobs Act and the Inflation Reduction Act of 2022, as previewed in our January 18thclient alert, “Implications of Incoming Administration Changes to Infrastructure Initiatives.”Continue Reading Navigating the Trump Administration’s Pause on IIJA and IRA Funding: Key Implications for Infrastructure Stakeholders

Photo of Robert HagerPhoto of Joshua M. LindsayPhoto of Lily Geyer

The ongoing changes surrounding the U.S.’s position on infrastructure between the outgoing Biden administration and the incoming Trump administration is creating policy uncertainty for investors and companies in the infrastructure space. This instability may raise concerns among stakeholders that the U.S. is not an ideal place to invest because of the policy inconsistency and increases the likelihood of disputes arising from existing and potential foreign investment projects.Continue Reading Navigating Uncertainty: Implications of Trump Administration’s Approach to Infrastructure

Photo of Adelicia R. CliffePhoto of William B. O'ReillyPhoto of Alexandra Barbee-Garrett

On August 23, 2023, the Office of Management and Budget (OMB) released its final rule and notification of final guidance addressing implementation of the Build America, Buy America Act (BABA) provisions enacted with the Infrastructure Investment and Jobs Act (IIJA), which requires the use of domestic iron, steel, manufactured products, and construction materials in infrastructure projects supported with federal financial assistance.  The final rule goes into effect October 23, 2023, and applies to federal awards for infrastructure projects awarded after November 15, 2021.  We previously reported on OMB’s February 9, 2023 proposed guidance here.Continue Reading BABA Black Sheep, Have You Final Rules? OMB Issues Final Implementation Guidance on Build America, Buy America Requirements for Federally Funded Infrastructure Projects

Photo of Lorraine M. CamposPhoto of Alexandra Barbee-Garrett

Last week, the Department of Transportation (DOT) announced nearly $60 billion of funding available to states through DOT formula grant programs in fiscal year (FY) 2023.  States may use these funds, authorized under the Bipartisan Infrastructure Law, to support critical infrastructure, including roads, bridges, and environmental and safety improvements.  The FY2023 grant funds represent…

Photo of Eric RansomPhoto of Steve McBrady

Generally, government procurements for construction and architect-engineering do not follow the typical Federal Acquisition Regulations (FAR) rules applied to the purchase of other goods and services.  Instead, these services are procured under the authority of the Brooks Act, according to special procedures designed to identify the most qualified firms; specifically, the Two-Phase Design-Build Selection Procedures…

Photo of Steve McBradyPhoto of Jim Flood

Rebuilding America’s aging and technologically challenged infrastructure is increasingly seen as an imperative. The need to invest in and mobilize resources for critical infrastructure projects has become an ever greater priority given the role project development can play in lifting the U.S. economy in dire times.

Congress and the Administration are actively exploring various forms…