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D.C. Circuit Upholds FRA Buy America Waiver For Brightline West High-Speed Rail Project
The D.C. Circuit's recent decision in a Buy America waiver challenge establishes new precedent for how federal agencies evaluate domestic availability in infrastructure projects. The ruling addresses whether manufacturers' future production capabilities should factor into waiver decisions and clarifies the standing requirements for suppliers challenging such waivers. This case provides critical guidance for companies navigating federal procurement requirements in transportation and infrastructure projects.
Bass, Berry & Sims