Alston & Bird Government Contracts Blog

Public Construction

Is There a Road Forward for Biden’s Infrastructure Plans?

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On March 31, 2021 President Biden unveiled his American Jobs Plan in the form of two massive spending and tax proposals. Policy makers in Washington are actively debating and preparing to legislate based on these proposals. The first proposal, totaling $2.3 trillion, is focused on traditional infrastructure improvements, broadly defined, and includes highways, bridges, ports, airports, and transit; broadband; clean water; electric-grid upgrades; upgrades to residential, commercial, school, and federal buildings; investments in the care economy to raise wages and expand services; and investments [...]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

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