Alston & Bird Government Contracts Blog

Public Construction

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

By

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

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

By and

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

DOJ Antitrust “Strike Force” Will Crack Down on Collusive Bidding and Procurement Fraud

By

On November 5, 2019, the Department of Justice (DOJ) announced the formation of a new Procurement Collusion Strike Force (PCSF) to prosecute collusive bidding and procurement fraud in government contracting. According to Deputy Attorney General Jeffrey Rosen, the PCSF “will target bid-rigging and other antitrust crimes that can cost American taxpayers billions of dollars each year by undermining the federal government’s processes for purchasing goods and services and for money granted to states and municipalities to undertake large, high-dollar-figure public improvement projects.” The PCSF will [...]Read more

Chris Roux in U.S. News–Best Lawyers “Best Law Firms” on the State of American Infrastructure

By

Alston & Bird partner Chris Roux had his article, “Building Blocks: Everyone Agrees U.S. Infrastructure Is in Lamentable Shape,” published in the 2019 “Best Law Firms” edition of U.S. News–Best Lawyers.  The article evaluates the current condition of infrastructure in the United States and the extent to which Congress and the Trump administration can and/or will take action to remedy the problems.  Although there were high hopes, Congress has failed to pass major infrastructure legislation.  Roux evaluates the potential impact of public-private partnerships as a possible delivery [...]Read more

Trump’s Proposed Infrastructure Plan: Is It Much More Than It Seems?

By

President Trump released his long-awaited infrastructure plan last week, and like most things that come out of the White House, it was overshadowed by the partisan politics that dominate our government. The plan has been decried as a “farce,” a “scam,” and “underwhelming” by some. Most of the criticism focuses on what is perceived to be a modest amount of federal funding—$200 billion—committed by the White House as well as the significant reliance on state and local funding sources and private investment. However, an argument can be made that the plan is about much more than the [...]Read more