Build America Bureau Legal Advisory Services

The Department of Transportation Federal Highway Administration awarded this Master IDIQ on March 15, 2018, to provide non-personal legal advisory services in transportation infrastructure project finance, with ordering authority closed as of March 15, 2023. The vehicle is no longer active for new task-order issuance.

The Build America Bureau uses this vehicle to support administration of two credit programs—TIFIA (Transportation Infrastructure Finance and Innovation Act) and RRIF (Railroad Rehabilitation and Improvement Financing)—which provide secured direct loans, loan guarantees, and standby lines of credit for major surface transportation projects, railroad projects, port projects, and transit-oriented development. Awarded task orders span legal advisory work on individual project financings, credit team training, loan document template development, and portfolio monitoring. Projects in the task-order portfolio include express lanes, transit modernization, bridge and tunnel replacements, rail improvements, and port facilities.

Skadden, Arps, Slate, Meagher & Flom LLP and Shearman & Sterling LLP dominate the vehicle, holding 24 and 14 orders respectively and representing roughly 74 percent of the combined potential value. Nixon Peabody LLP, Norton Rose Fulbright US LLP, and Clifford Chance US LLP hold the remaining top positions; seven primes share all 68 task orders. The Department of Transportation Immediate Office of the Secretary Transportation placed 63 of 68 orders. All 68 task orders carry no set-aside designation.

The combined potential value across all task orders is $23.1 million, with $6.6 million obligated to date (28 percent). Task orders typically range from $75,000 to $1.95 million in potential value. The largest single order is delivery order 693JJ323F00147N to Hudson Tunnel Project legal advisory services, valued at $1.95 million with time-and-materials pricing. Individual orders commonly carry zero-cost or minimal-cost ceilings with performance funded by third parties or sponsors. Ordering activity peaked in 2021 with 17 orders, declining to 4 orders in 2022 and 8 in 2023, the last year new orders could be placed. The most recent task order award occurred September 13, 2023.

The Build America Bureau, an office within the US Department of Transportation, Office of the Under Secretary for Policy, has a requirement for non-personal legal advisory services in the transportation infrastructure project finance area to support its activities and program. The Bureau administers the Transportation Infrastructure Finance and Innovation Act credit program (TIFIA) and the Railroad Rehabilitation and Improvement Financing credit program (RRIF). TIFIA and RRIF, the Credit Programs, provide (secured) direct loans, loan guarantees, and standby lines of credit to borrowers seeking to develop major surface transportation projects, railroad projects, port projects and transit-oriented development projects.