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Public Contract Litigation

Biden’s Infrastructure Funding Comes with Strings Attached

January 10, 2022 By Jeffrey Belkin

President Biden’s long-awaited Infrastructure Investment and Jobs Act was passed by Congress and signed into law in November 2021. While the new law brings about new sources of revenue and opportunities for contractors, particularly those involved in complex construction projects such as roads, bridge and tunnels, traditional and renewable energy, drinking and wastewater delivery, and information technology infrastructure, these new sources of revenue are likely to come with strings attached. With the creation of the Made in America Office, whose purpose will be to monitor contractors’ compliance [...]Read more

Filed Under: Advice to Contractors & Grant Recipients, Bid Protests & Public Contract Award-Related Representations, Information Technology, IP and Research in the Government World, P3 Matters, Public Construction, Public Contract Litigation, State, Regional and Local Government Contracts Tagged With: Construction Contracts, Government Spending, Infrastructure Investment and Jobs Act, Infrastructure Plan

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

May 20, 2021 By Alston Government Contracts Team

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

Filed Under: Advice to Contractors & Grant Recipients, Bid Protests & Public Contract Award-Related Representations, Public Construction, Public Contract Litigation, Public Health Care Contracts, State, Regional and Local Government Contracts Tagged With: Construction Contracts, Government Spending, Infrastructure Plan

Is a Shakeup Still Imminent for U.S. Domestic Sourcing?

April 2, 2020 By Jeffrey Belkin

Following a February 18, 2020 blog post, Jeff Belkin and MJ Kim explain in Contract Management Magazine how a recent Federal Circuit decision and possible U.S. withdrawal from the World Trade Organization’s Government Procurement Agreement could impact existing procurement policies and supply chain decisions. Now with the sudden economic devastation brought on by the coronavirus (COVID-19), the Trump Administration’s next move is more important than ever. As the U.S. economy falters and stimulus bills are pushed out, the potential implications of withdrawing from the WTO GPA have become [...]Read more

Filed Under: Public Contract Litigation Tagged With: Acetris Health LLC v. United States, Coronavirus, COVID-19, Federal Acquisition Regulations (FAR), Government Procurement Agreement (GPA), International Procurement, President Trump, Trump Administration, U.S. Court of Federal Claims, World Trade Organization (WTO)

Are the Stars Aligning for a Major Shakeup of the TAA Domestic Preference Regime?

February 18, 2020 By Jeffrey Belkin

Domestic sourcing policies may soon see a major shakeup after a one-two punch this past week from the Trump Administration and U.S. Court of Appeals for the Federal Circuit. First, earlier this month, government officials circulated plans for the Trump Administration to issue an Executive Order threatening the U.S.’s withdrawal from the World Trade Organization’s (WTO) Government Procurement Agreement (GPA) unless undisclosed changes favored by the Administration are made. The WTO GPA provides the baseline of international participation in government procurements around the globe, with signatories [...]Read more

Filed Under: Events, Public Contract Litigation Tagged With: Acetris Health LLC v. United States, Federal Acquisition Regulations (FAR), Government Procurement Agreement (GPA), International Procurement, President Trump, Trump Administration, U.S. Court of Federal Claims, World Trade Organization (WTO)

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)

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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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Recent Posts

  • The OFCCP’s New Contractor Portal: Here is What Federal Contractors and Subcontractors Ought to Know
  • Biden’s Infrastructure Funding Comes with Strings Attached
  • Department of Defense Suspends the CMMC Pilot Program And CMMC Requirements In DoD Solicitations Pending Major Changes For CMMC 2.0
  • Executive Order on Improving the Nation’s Cybersecurity: Biden Implements New Reporting Requirements on IT Government Contractors
  • Is There a Road Forward for Biden’s Infrastructure Plans?
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