Alston & Bird Government Contracts Blog

Public Contract Litigation

Biden’s Infrastructure Funding Comes with Strings Attached

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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

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

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

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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

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

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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

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