Alston & Bird Government Contracts Blog

Advice to Contractors & Grant Recipients

DoD Weighs In As Federal Contractors Search for Guidance on Implementation of Section 889 Part B

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To curb the threat of U.S. foreign adversaries gaining access to critical infrastructure and stealing sensitive information, Congress passed Section 889 ("Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment") as part of the Fiscal Year 2019 National Defense Authorization Act (“NDAA”). There are two prohibitions in the statute, Part A and Part B.  Part A, which became effective on August 13, 2019, prohibits the government from “buying” certain “covered telecommunications equipment or services.” (NDAA Section 889(a)(1)(A)).  Part B, which is slated [...]Read more

Construction-Manager-As-Constructor Recognized as an Acceptable Project Delivery Method in Federal Contracts

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On December 19, 2019, the U.S. General Services Administration (“GSA”) issued a final rule which amends the General Services Administration Acquisition Regulation (“GSAR”) regarding project delivery methods for construction.[1] This rule, effective January 21, 2020, adopts the Construction-Manager-as-Constructor (“CMc”) project delivery method, one of the three most common construction services delivery methods. By adding the CMc delivery method in the GSAR as an alternative to design-bid-build and design-build, the Government is making it easier to comply with contracting requirements [...]Read more

Warning: Iranian Cyber Response Possible Against Government Contractors

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As a result of heightened tension between the United States and Iran, companies, especially those that do business with the Federal Government and with the Department of Defense in particular, would be well-advised to take immediate steps to confirm and strengthen their cybersecurity measures.  Read on for the post from our firm’s Privacy & Cybersecurity Blog discussing how regulators are warning of a possible rise in cyber-attacks. ... After Friday’s announcement of the killing of Major General Qassem Soleimani, a leader of Iran’s Quds Force, several regulators have put industry on [...]Read more

Food Marketing Institute v. Argus Leader Media: Enhanced FOIA Protection for Contractors’ “Confidential” Commercial or Financial Information

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For the last 55 years nearly all federal agencies and courts tasked with determining whether a contractor’s “commercial or financial” information is “confidential” for purposes of exemption from public disclosure under the Freedom of Information Act have had to evaluate – among other things – whether disclosure of the information likely would cause substantial harm to the competitive position of the person from whom the information was obtained. In Food Marketing Institute v. Argus Leader Media, 588 U.S. ___ (2019), the Supreme Court rejected this decades-long “competitive harm” [...]Read more

Final FAR Council Rule Expands the Scope of GIDEP Screening and Reporting and Effectively Mandates GIDEP Membership for Covered Contractors

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The FAR Council recently issued a Final Rule on the Reporting of Nonconforming Items to the Government-Industry Data Exchange Program (GIDEP) to address supply chain risks from counterfeit and nonconforming goods. The Rule goes into effect on December 23, 2019. While the Final Rule on its face addresses counterfeit and nonconforming parts, the GIDEP program is potentially more onerous than meets-the-eye. GIDEP is a U.S. Government funded and managed voluntary information exchange program among government and industry participants.  Its members include, among others, dozens of government [...]Read more