News & Analysis as of

Federal Contractors Infrastructure Investment and Jobs Act (IIJA)

Stinson LLP

Fail to Comply with Domestic Preference Rules at Your Peril

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Federal government contracts and grants require contractors to certify the delivery of domestic end products unless an exception applies. Domestic preference rules include the Buy American Act (BAA) and Trade Agreements Act...more

Bass, Berry & Sims PLC

Executive Order Directs Systematic Review of “Covered Contracts and Grants” For Possible Termination

Over the first month of the new administration, President Trump has directed the review or termination of certain types of contracts and grants, including equity-related agreements, awards under the Inflation Reduction Act...more

PilieroMazza PLLC

Trump’s Executive Order on IIJA and IRA Contracts: Maximizing Cost Recovery for Government Contractors

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On January 20, 2025, President Trump signed an executive order entitled “Unleashing American Energy” (the Executive Order) aimed at reversing many of the Biden Administration’s clean energy and climate-related actions.  The...more

Fox Rothschild LLP

Executive Orders to Watch for Federal Contractors and Fund Recipients

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President Trump signed a multitude of Executive Orders (EOs) during his first two weeks in office. EOs are directives from the President to federal agencies that do not require Congressional approval. EOs include mandates...more

Wiley Rein LLP

Practical Tips for Surviving the New Administration’s “Pause” on Federal Contracts and Grants

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The first week of the Trump Administration brought a whirlwind of activity and significant changes across many federal agencies. New Executive Orders (EOs), agency directives, and leadership transitions have sent ripples...more

Wiley Rein LLP

What Contractors and Grantees Need to Know About President Trump’s Day 1 Executive Orders

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President Trump issued several Executive Orders (EOs) on January 20, his first day in office, that will impact pending, current, and future contracts and grants. Many of his initial EOs are generally applicable across...more

Stinson LLP

Trump's First 100 Days: Government Contracts

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The anticipated Department of Government Efficiency (DOGE) is expected to reexamine all federal projects to determine which are truly in the federal government's interest and jurisdiction. At the same time, Trump campaigned...more

Pillsbury Winthrop Shaw Pittman LLP

Trump 2.0: What Happens to Federal Funding?

Pillsbury’s recent alert on the newly formed Department of Government Efficiency, or “DOGE,” an autonomous organization created by President-elect Trump and spearheaded by Elon Musk, identified several steps for industries...more

Jackson Lewis P.C.

OFCCP’s Proposal Requiring Construction Companies to Submit Monthly Employment Utilization Report

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The Office of Federal Contract Compliance Programs (OFCCP) has proposed reinstating a monthly reporting requirement for federal construction contractors nearly 30 years after discontinuing it. The proposal requires covered...more

Husch Blackwell LLP

2024 Project Perspectives: Exploring Trends and Developments in Alternative Project Delivery

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P3s are in a constant state of flux as project owners and participants continue to innovate, striking upon new ways to bring much-needed infrastructure online. In this, our seventh annual report covering public-private...more

Robinson+Cole Construction Law Zone

Federal DOT’s Disadvantaged Business Enterprise Program Challenged as Unconstitutional

In the wake of the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, 600 U.S. 181 (2023) (SFFA), which limits the reach of race-based affirmative action programs in...more

Schwabe, Williamson & Wyatt PC

Mid-America Case Challenges the DOT’s Use of a Rebuttable Presumption

On October 26, 2023, a new legal challenge to the federal Department of Transportation’s Disadvantaged Business Enterprise program was filed in the Federal District Court for the Eastern District of Kentucky. Raising the...more

Fox Rothschild LLP

Highlights from our Fourth Annual Federal Contracts Symposium

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We invite you to review the materials from our presentations that covered key issues facing government contractors. The topics include: • Year in Review – Federal Contracts Case Law Update- • Cost Accounting Compliance-...more

Nossaman LLP

OMB Issues Final BABA Guidance and USDOT Issues Final Public Interest Waiver

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The federal government recently released long-awaited guidance regarding the Build America, Buy America (BABA) Act requirements included in the Infrastructure Investment and Jobs Act (P.L. 117-58; IIJA).  On August 14, 2023,...more

Cozen O'Connor

Build America, Buy America Final Guidance Issued

Cozen O'Connor on

On August 14, the Office of Management and Budget (OMB) issued a “pre-publication” version of its final guidance to promote the use of American-made materials in federally funded infrastructure projects.1 The guidance...more

Miles & Stockbridge P.C.

OMB Issues Final Guidance for Buy America Preference

Almost a year to the day after the Build America Buy America Act (BABA) became law, the federal Office of Management and Budget (OMB) has published its “Final Guidance for Grants and Agreements” intended to implement BABA’s...more

Jackson Lewis P.C.

OFCCP’s Focus on Construction Contractors Increasing

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The federal government’s focus on the construction industry is growing as more construction companies benefit from the Infrastructure Investment and Jobs Act (IIJA). The IIJA was signed into law by President Joe Biden on Nov....more

Holland & Knight LLP

Amtrak Inspector General Cites Increased Fraud Risk as Government Invests in Infrastructure

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Though the golden days of passenger rail service are long since behind us, the federal government continues to operate Amtrak, a sprawling federal agency with more than 19,000 employees in 46 states that provides rail service...more

Miles & Stockbridge P.C.

OMB’s Proposed Rule for BABA Implementation Attracts Industry Criticism

The White House Office of Management and Budget (OMB) issued a Proposed Rule and Notification of Proposed Guidance to federal agencies earlier this year regarding the implementation of the Build America, Buy America Act...more

Robinson+Cole Construction Law Zone

More Funding Brings More Bureaucracy to Federal Projects

On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58).  The IIJA includes the Build America, Buy America Act which declares that “none of the funds made...more

Faegre Drinker Biddle & Reath LLP

First Quarter 2023 Government Contracts Policy and Regulatory Review

The first few months of 2023 has brought not only regulatory changes to the government contractor landscape, but also the possibility for new business opportunities in semiconductors, green procurement and infrastructure...more

Jackson Lewis P.C.

OFCCP Announces Mega Construction Project Initiative; Focus on Construction Contractors Continues

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OFCCP has launch its Mega Construction Project (Megaproject) Program, intended to increase compliance attention on and provide compliance assistance to federal construction contractors with federally funded projects valued at...more

Seyfarth Shaw LLP

What’s the Status of Buy American Requirements for Public Infrastructure Projects?

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More than a year has passed since Congress enacted the Build America, Buy America Act (“BABA”)—a sweeping change to domestic sourcing requirements for federally funded infrastructure projects. BABA, which was included as part...more

McCarter & English Blog: Government Contracts...

(No Longer) Building a Mystery—Biden Administration Issues Long-Awaited Guidance Implementing BABA Requirements for Infrastructure...

Approximately 15 months ago, on November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act (IIJA), commonly known as the Bipartisan Infrastructure Law. The IIJA is one of the Biden...more

Bass, Berry & Sims PLC

Proposed Rule for DBE Program Comes as Infrastructure Money Begins to Flow

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The Infrastructure Investment and Jobs Act (IIJA) is a historic investment in our nation’s roads, bridges, railways, airports and transportation systems. The bill appropriates $550 billion to physical infrastructure projects,...more

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