Alston & Bird Government Contracts Blog

Advice to Contractors & Grant Recipients

Proposed Rule Requires Prime Contractor to Report Late or Reduced Payments to Small Business Subcontractors

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On January 20, 2016, the Department of Defense, General Services Administration, and NASA issued a proposed rule to amend the FAR and implement a section of the Small Business Jobs Act of 2010. This proposed rule, which will implement Section 1334 of the Small Business Jobs Act of 2010 and the Small Business Administration’s (SBA) implementation of Section 1334, requires that, among other things, a prime contractor (1) notify the contracting officer, in writing, if the contractor makes a reduced or untimely payment to a small business subcontractor; and (2) disclose the reasons for the reduced [...]Read more

Jeff Belkin Quoted on the U.S. Supreme Court Case Kingdomware Technologies, Inc. v. United States

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On November 5, 2015, Jeff Belkin was quoted in Law360 in connection with the Kingdomware case. Belkin was again quoted on December 1, 2015, in Law.com on the same case. At issue for the Court is whether the Federal Circuit court erred in construing 38 U.S.C. § 8127(d)’s mandatory set-aside as discretionary. Subsections (b), (c), and (d) of 38 U.S.C. § 8127 provide authority for the Department of Veterans Affairs’ (VA) contracting officers to restrict competition and make awards directly to service-disabled veteran-owned small business (SDVOSB) and veteran-owned small business (VOSB) firms, [...]Read more