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Advice to Contractors & Grant Recipients

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

July 28, 2020 By Jessica Sharron and Paul Ghazaryan

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

Filed Under: Advice to Contractors & Grant Recipients, Defense, Government Contract-Related Investigations and the False Claims Act, Public Construction, State, Regional and Local Government Contracts Tagged With: Federal Acquisition Regulations (FAR), Government Spending, U.S. Department of Defense (DOD), U.S. General Services Administration (GSA)

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

January 17, 2020 By Jamie Furst

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

Filed Under: Advice to Contractors & Grant Recipients, Public Construction, Public Contract Litigation Tagged With: Construction Contracts, Federal Acquisition Regulations (FAR), U.S. General Services Administration (GSA)

Warning: Iranian Cyber Response Possible Against Government Contractors

January 10, 2020 By Alston Government Contracts Team

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

Filed Under: Advice to Contractors & Grant Recipients, Defense, Information Technology, IP and Research in the Government World Tagged With: Cybersecurity, U.S. Department of Defense (DOD)

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

January 6, 2020 By Andrew Howard

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

Filed Under: Advice to Contractors & Grant Recipients, Information Technology, IP and Research in the Government World Tagged With: Freedom of Information Act (FOIA), U.S. Supreme Court

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

December 17, 2019 By Jeffrey Belkin and Paul Ghazaryan

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

Filed Under: Advice to Contractors & Grant Recipients, Defense, Government Contract-Related Investigations and the False Claims Act, Public Construction, State, Regional and Local Government Contracts Tagged With: Civil Investigative Demands (CIDs), Federal Acquisition Regulations (FAR), Government Spending, U.S. Department of Defense (DOD), U.S. General Services Administration (GSA)

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This blog is a service of Alston & Bird’s Government Contracts team and provides insights on cases, rules, trends, and latest developments in local, state, and federal government contracting. Our attorney observations include analysis of investigations, litigation, protests and issues affecting present or prospective prime contractors, subcontractors, and grant recipients across various industries.

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Recent Posts

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  • Biden’s Infrastructure Funding Comes with Strings Attached
  • Department of Defense Suspends the CMMC Pilot Program And CMMC Requirements In DoD Solicitations Pending Major Changes For CMMC 2.0
  • Executive Order on Improving the Nation’s Cybersecurity: Biden Implements New Reporting Requirements on IT Government Contractors
  • Is There a Road Forward for Biden’s Infrastructure Plans?
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