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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)

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)

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

November 13, 2019 By Alston Government Contracts Team

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

Filed Under: Advice to Contractors & Grant Recipients, Defense, Government Contract-Related Investigations and the False Claims Act, Public Construction, Public Contract Litigation, State, Regional and Local Government Contracts Tagged With: Bid Protest, Civil Investigative Demands (CIDs), False Claims Act (FCA), Government Spending, Press, Qui Tam, U.S. Department of Defense (DOD), U.S. Department of Justice (DOJ), U.S. General Services Administration (GSA), U.S. Postal Service (USPS)

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

January 8, 2019 By Alston Government Contracts Team

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

Filed Under: Advice to Contractors & Grant Recipients, Government Contract-Related Investigations and the False Claims Act, P3 Matters, Public Construction Tagged With: Construction Contracts, Infastructure, P3, Public Construction, Public private partnership

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

February 21, 2018 By G. Christian Roux

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

Filed Under: P3 Matters, Public Construction Tagged With: Government Spending, Infrastructure Plan, President Trump

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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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