Transportation Secretary Sean Duffy on Friday pressed Gov. Wes Moore (D-MD) for details regarding Maryland’s plan to rebuild the Francis Scott Key Bridge, including whether the state is using “unconstitutional” diversity, equity, and inclusion contracting practices.
“Our intention is to deliver a project that not only meets but exceeds the expectations of the traveling public,” Duffy wrote in a letter to Moore. “It is my role to guarantee that federally funded projects benefit the entire Nation through every dollar spent. When a State partners with DOT on major infrastructure projects like the FSK Bridge, it partners with the American people.”
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Duffy expressed concern that the state is relying on a Disadvantaged Business Enterprises program to award contracts to companies involved in rebuilding the bridge. The Transportation Department established the DBE program in the 1980s. Under the program, the DOT is required to ensure that at least 10% of federal funds for government-sponsored highway and transit programs are spent with DBEs. In order to qualify as a DBE, a company must be at least 51% owned by minorities, women, or socially and economically disadvantaged adults. It must also qualify as a small business and have its day-to-day operations controlled by women or minorities.
While the DBE program has been blocked in courts in recent months, the lead contractor on the FSK project, Kiewit Corporation, lists on its website for the bridge rebuild that it is “committed to meeting” the DBE goals set by the Maryland Department of Transportation for the project. MDTA expects Kiewit to award 31.5% of subcontracts involving bridge development to DBE companies. Maryland officials rejected at least one other contractor’s bid for the project because Archer Western/Traylor Brothers Joint Venture’s “DBE submission did not comply with the contractual requirements,” according to city documents.
Duffy named DBE goals an area of “specific concern” in his letter to Moore.
“Any reliance on race- or sex-conscious factors in contracting decisions could introduce significant legal vulnerabilities and inefficiencies in the management of the project,” he wrote. “The Equal Protection principles of the U.S. Constitution prohibit State and Federal governmental entities from discriminating on the basis of protected characteristics, including race and sex. Discrimination based on race is, has been, and will continue to be unlawful, except in rare circumstances.”
The bridge collapsed in March 2024, when a cargo ship collided with one of its support pillars, killing six construction workers. Maryland officials said at the time that the new bridge would be completed by 2028 and cost roughly $2 billion to build. In recent months, that number has ballooned to “double, plus,” Duffy told the press in late August. The massive infrastructure project has also gotten off on a slow start, with demolition of the collapsed bridges‘ remaining structure beginning in July, sixteen months after it toppled.
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The state has not released an updated timeline and cost estimate for the bridge, amid reports that construction could take over $5 billion in federal funding. Duffy pressed Moore for further details on Friday.
“It’s my job to ensure the American people’s tax dollars are spent properly and major projects are completed on time and on budget,” Duffy wrote in a letter to the Democratic governor. “DEI contracting practices and ballooning project costs are already threatening to delay this critical project. We will leverage our oversight authorities to ensure this vital bridge is rebuilt the right way.”