Alston & Bird Government Contracts Blog

Advice to Contractors & Grant Recipients

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

Biden Administration Seeking Big Changes to “Made in America” Requirements

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On January 25, 2021, President Biden signed an Executive Order, titled "Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers," aimed at strengthening domestic manufacturing and increasing transparency in procurement for federal contracts. While the exemption for information technology as a commercial item remains untouched – though to be studied – and while the Order does not modify the rules for acquisitions subject to the Trade Agreements Act, the Order may yet have a significant impact on contractors. President Biden’s Order revokes several prior [...]Read more

The Moving America Forward Act: If Passed, Will Result in Increased Opportunities for Infrastructure Work and Contracting With the Federal Government

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Last month, the U.S. House of Representatives passed the Moving America Forward Act (H.R. 2). Its purpose is to invest in American infrastructure and to create jobs in the aftermath of the COVID-19 crisis. As of this posting the bill is now in the Senate.  The President has expressed opposition to the bill’s passage, despite general statements of support for rebuilding America’s infrastructure. If it passes in the Senate and is signed into law by the President, the Act could result in the investment of more than $1.5 trillion in: (1) rebuilding highways, bridges, transit and rail facilities; [...]Read more

Additional GSA Webinar Guidance for Section 889 Part B Implementation Delayed to September 10, 2020

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The Alston & Bird Government Contracts team has been closely following developments in the implementation of Section 889 of the Fiscal Year 2019 National Defense Authorization Act (“NDAA”), and particularly Section 889 Part B, which broadly prohibits the government from “entering into a contract with” an entity that “uses” “covered telecommunications equipment or services.”  Our prior blog posts on this topic can be found here and here. On August 6, 2020, the General Services Administration (“GSA”) gave notice that the previously scheduled August 12, 2020 GSA webinar [...]Read more

GSA Provides Additional Guidance on Section 889 Part B Implementation and “Waivers”

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On July 30, 2020, General Services Administration’s (“GSA”) Office of Small Business Utilization hosted a webinar on the implementation of Section 889 of the Fiscal Year 2019 National Defense Authorization Act (“NDAA”).  The Alston & Bird Government Contracts team has been closely following developments and previously wrote about Section 889 Part B here. The webinar confirmed GSA’s position that Part B of Section 889 applies to every sector, no matter what a company makes or sells, and all systems a government contractor uses—whether in the performance of a government contract [...]Read more