(The Center Square) – U.S. Transportation Secretary Sean Duffy is pressing Maryland over how it’s handling the rebuild of Baltimore’s Francis Scott Key Bridge, saying the project could be getting too expensive and raising concerns about the way contracts are awarded.
In a Sept. 18 letter to Gov. Wes Moore, Duffy said Congress granted the transportation secretary authority to oversee federal highway dollars and that he takes that responsibility seriously.
He pointed to Maryland’s $1.8 billion estimate and 2028 completion target, stressing that it is his job to make sure major projects are delivered on time and within budget.
Duffy also raised constitutional concerns in his letter about Maryland’s use of diversity contracting requirements.
He argued that awarding contracts partly based on race or gender could expose the project to lawsuits and delays.
“One additional area of specific concern relates to whether Maryland intends to award contracts for the FSK Bridge project in a manner that relies on the race or sex of contractors,” Duffy wrote. “Any reliance on race- or sex-conscious factors in contracting decisions could introduce significant legal vulnerabilities and inefficiencies in the management of the project.”
The federal Disadvantaged Business Enterprise program requires agencies using federal transportation dollars to set goals for including small businesses owned by socially and economically disadvantaged individuals.
Duffy said the program’s presumptions of disadvantage based on race or sex are unconstitutional.
He noted that the Department of Transportation has already asked a federal court to declare parts of the DBE program unconstitutional.
“Congress granted the Secretary of Transportation important authorities to conduct critical oversight to ensure that federal highway funds are properly managed, and I take this authority seriously,” he said.
“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.”
Moore responded Friday by defending the state’s pace and approach.
He said Maryland acted “with speed and efficiency” after the March 2024 collapse, which killed six people and cut off shipping at the Port of Baltimore for weeks.
“We reopened the channel in just 11 weeks, and we are already advancing demolition and pre-construction in parallel with design work,” Moore said in a statement.
He also stressed the bridge’s economic importance.
“We must keep in perspective that 13% of our state’s economy hangs in the balance and that the goods that flow through the Port don’t just touch Marylanders—they reach the farmer in Kentucky, the auto worker in Michigan, and the restaurant owner in Tennessee,” he said.
Moore added that his administration “will continue to work with the Trump administration to find ways to reduce costs and rebuild faster.”
“The safety of the bridge and the sound stewardship of taxpayer dollars remain our top priority as we work to fully restore economic vitality,” he said.