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Government Contract-Related Investigations and the False Claims Act

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

August 10, 2020 By Alston Government Contracts Team

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

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)

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

July 31, 2020 By Alston Government Contracts Team

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

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)

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

July 28, 2020 By Jessica Sharron

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)

In the Aftermath of the Granston Memo, the DOJ Addresses (Some of) Grassley’s Concerns

February 13, 2020 By Jessica Sharron

As previously discussed in a Law360 article by Jeffrey Belkin, the DOJ’s Granston memo, dated January 10, 2018, “advised DOJ attorneys that, in tandem with their decisions to decline intervention in qui tam suits, they should consider proactively seeking dismissal under 31 U.S.C. § 3730(c)(2)(A).” On September 4, 2019, Senator Charles Grassley (R-IA) wrote to Attorney General William Barr expressing his concerns about the DOJ’s implementation of the Granston memo, a topic that we noted Grassley had previewed during Barr’s confirmation hearing. While recognizing the government should [...]Read more

Filed Under: Defense, Government Contract-Related Investigations and the False Claims Act Tagged With: False Claims Act (FCA), Qui Tam, U.S. Department of Justice (DOJ), Whistleblower

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

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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