Alston & Bird Government Contracts Blog

U.S. Court of Federal Claims

Affiliation and Control Under SBA

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The Paycheck Protection Loan program created by the CARES Act thrust the U.S. Small Business Administration’s complicated size standards into the spotlight for many companies that never before waded into those muddy waters.  None of SBA’s rules frustrated businesses that otherwise thought they were “small” more than the rule of “affiliation”, which requires concerns, when determining size, to include the size of other entities under common control.  A recent decision by the U.S. Court of Federal Claims is a timely reminder that the concept of “affiliation”, in the context of federal [...]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

Federal Agencies Cannot Immunize Themselves with Short Termination Windows in Contracts

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In Springfield Parcel C, LLC v. United States, 124 Fed. Cl. 163 (Ct. Fed. Cl. 2015), the U.S. Court of Federal Claims considered the post-award protest of a contract by an unsuccessful offeror. The unsuccessful offeror was protesting the award of a real estate contract to lease new headquarters for the Transportation Security Administration (TSA) offered by the U.S. General Services Administration (GSA). The protestor, Springfield Parcel C, LLC, sought an injunction of the award to Eisenhower Real Estate Holdings, LLC, on the basis that the GSA’s award was unlawful. Springfield, Eisenhower, and [...]Read more