The Government Accountability Office’s (GAO) annual 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’s 2025 fiscal year report identified
Infra Insight Blog
Infra Insight Blog, published by Nossaman LLP, focuses on legal and regulatory developments affecting infrastructure projects and public works. It covers topics such as federal transportation programs, including the Disadvantaged Business Enterprise program and electric vehicle infrastructure funding. The blog also addresses environmental regulations impacting water infrastructure financing, construction contract considerations related to tariffs and trade policies, and assessments of national infrastructure conditions. The content is geared toward legal professionals, project owners, and developers involved in infrastructure planning, financing, and compliance with evolving federal requirements.
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GAO’s 2025 Bid Protest Annual Report: Prevalent Reasons for Sustained Bid Protests and How to Avoid Them
By Josh Burke
The Government Accountability Office’s (GAO) annual 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’s 2025 fiscal year report identified…
States File New Lawsuit Challenging U.S. DOT Suspension of Electric Vehicle Charging Funding Programs
UPDATED: United States Department of Transportation Issues Long-Awaited Disadvantaged Business Enterprise Program Interim Final Rule
On December 1, 2025, the United States Department of Transportation (U.S. DOT) published an updated frequently asked questions (FAQs) on the October 3, 2025 Interim Final Rule (IFR) for the Disadvantaged Business Enterprise (DBE) program, which eliminates the race- and…
FHWA Issues New Guidance on NEVI Program
The National Electric Vehicle Infrastructure (NEVI) Formula Program (the “NEVI Program”) was established by the Infrastructure Investment and Jobs Act (IIJA), Public Law 117-58 and was authorized under paragraph (2) under the Highway Infrastructure Program heading in title VIII of…
EPA Updates WIFIA Program Requirements
By Kyle Howe
The U.S. Environmental Protection Agency (EPA) has updated the federal requirements for the Water Infrastructure Finance and Innovation Act (WIFIA) Program through more than a dozen changes to the WIFIA Borrower Guide to Federal Requirements (Borrower Guide) and the WIFIA…
Tariffs and Their Impacts on the Life Cycle of Construction Contracts
In light of recent Executive Orders issued by President Trump concerning tariffs, countries around the world—including the United States—have been forced to reassess existing trade and contractual frameworks. The construction industry in particular faces heightened uncertainty due to the risk…
America’s Infrastructure Improves to a C Grade on the ASCE’s 2025 Report Card
Founded in 1852, the American Society of Civil Engineers (ASCE) is the country’s oldest and largest civil engineering organization. Since 1998, the ASCE has issued a quadrennial assessment of the U.S.’s infrastructure networks known as the Report Card for America’s…
UPDATED: New Transportation Secretary Gets to Work with New Directives
March 10, 2025 Update (Policy Rescission) This afternoon (March 10, 2025), Secretary Duffy rescinded policy memoranda issued by the Federal Highway Administration during the Biden administration. The now rescinded memoranda each bore the name “Policy on Using Bipartisan Infrastructure Law…
UPDATED: Trump Administration Pauses Federal Funding, Federal Court Reviewing
February 26, 2025 Update As discussed in our February 4 and 10, 2025, updates, U.S. District Court Judge Loren AliKhan issued on February 3, 2025, a TRO prohibiting the Trump Administration “from implementing, giving effect to, or reinstating under a…