Alston & Bird Government Contracts Blog

Advice to Contractors & Grant Recipients

Biden’s Infrastructure Funding Comes with Strings Attached

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President Biden’s long-awaited Infrastructure Investment and Jobs Act was passed by Congress and signed into law in November 2021. While the new law brings about new sources of revenue and opportunities for contractors, particularly those involved in complex construction projects such as roads, bridge and tunnels, traditional and renewable energy, drinking and wastewater delivery, and information technology infrastructure, these new sources of revenue are likely to come with strings attached. With the creation of the Made in America Office, whose purpose will be to monitor contractors’ compliance [...]Read more

Department of Defense Suspends the CMMC Pilot Program And CMMC Requirements In DoD Solicitations Pending Major Changes For CMMC 2.0

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The Department of Defense (DoD) recently announced it will be revamping the nascent Cybersecurity Maturity Model Certification (CMMC) program pending two separate rulemaking processes.  As detailed below, the DoD will be updating “the program structure and the requirements to streamline and improve implementation of the CMMC program.”  We will be monitoring the rulemaking process for more details as they are known.  However, the primary short-term takeaway is that until the rulemaking process is complete, the DoD is suspending the CMMC Pilot Program and will not include CMMC requirements [...]Read more

Executive Order on Improving the Nation’s Cybersecurity: Biden Implements New Reporting Requirements on IT Government Contractors

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On May 12. 2021, President Biden signed an Executive Order aimed at improving the Nation’s Cybersecurity by curtailing data breaches and malicious cyber campaigns. The Order comes in response to a number of recent cybersecurity incidents, including a ransomware attack on the Colonial Pipeline Co. that caused a temporary shutdown, resulting in gas shortages along the Eastern Seaboard and a nationwide spike in fuel prices. The Order seeks to establish a partnership between the Federal Government and the private sector to ensure a more secure cyber environment, creating a Cyber Safety Review [...]Read more

Is There a Road Forward for Biden’s Infrastructure Plans?

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On March 31, 2021 President Biden unveiled his American Jobs Plan in the form of two massive spending and tax proposals. Policy makers in Washington are actively debating and preparing to legislate based on these proposals. The first proposal, totaling $2.3 trillion, is focused on traditional infrastructure improvements, broadly defined, and includes highways, bridges, ports, airports, and transit; broadband; clean water; electric-grid upgrades; upgrades to residential, commercial, school, and federal buildings; investments in the care economy to raise wages and expand services; and investments [...]Read more

Affiliation and Control Under SBA

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The Paycheck Protection Loan program created by the CARES Act thrust the U.S. Small Business Administration’s complicated size standards into the spotlight for many companies that never before waded into those muddy waters.  None of SBA’s rules frustrated businesses that otherwise thought they were “small” more than the rule of “affiliation”, which requires concerns, when determining size, to include the size of other entities under common control.  A recent decision by the U.S. Court of Federal Claims is a timely reminder that the concept of “affiliation”, in the context of federal [...]Read more