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Alexandra Barbee-Garrett

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Alexandra Barbee-Garrett is an associate in Crowell & Moring’s Washington, D.C. office, where she practices in the Government Contracts Group.

Alex represents government contractors in both litigation and counseling matters. Her practice includes bid protests before the Government Accountability Office (GAO), the U.S. Court of Federal Claims, and the U.S. Court of Appeals for the Federal Circuit. Alex’s practice also focuses on federal regulatory compliance, mandatory disclosures to the government, contract disputes under the Contract Disputes Act (CDA), prime-sub disputes, and False Claims Act and internal investigations.

Prior to joining Crowell & Moring, Alex was a law clerk to Judge Richard A. Hertling of the U.S. Court of Federal Claims and a government contracts associate at another large law firm. Alex graduated honors from The George Washington University Law School, where she was an articles editor of The Public Contract Law Journal. Alex won the 2015 Government Contracts Moot Court Competition and served as chair for the 2016 competition. Prior to law school, Alex worked as a health care legislative assistant for Rep. Rick Larsen (WA) in the U.S. House of Representatives. She received her B.A. in international studies and anthropology from the University of Washington.

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Congress has not passed crucial funding bills for the start of the fiscal year 2024.  If Congress does not act by September 30, the government may be forced to shut down for lack of funding.  While Congress may yet act, agencies across the government are preparing for a shutdown, and contractors should do so as well. 

The issues that contractors would face under a government shutdown may vary with the circumstances of individual contracts, but there are a number of common considerations.  …

Continue Reading Common Questions—and Answers—About A Potential Government Shutdown

On August 23, 2023, the Office of Management and Budget (OMB) released its final rule and notification of final guidance addressing implementation of the Build America, Buy America Act (BABA) provisions enacted with the Infrastructure Investment and Jobs Act (IIJA), which requires the use of domestic iron, steel, manufactured products, and construction materials in infrastructure projects supported with federal financial assistance.  The final rule goes into effect October 23, 2023, and applies to federal awards for infrastructure projects awarded after November 15, 2021.  We previously reported on OMB’s February 9, 2023 proposed guidance here.…

Continue Reading BABA Black Sheep, Have You Final Rules? OMB Issues Final Implementation Guidance on Build America, Buy America Requirements for Federally Funded Infrastructure Projects

Last week, the Federal Register published President Biden’s Executive Order on Federal Research and Development in Support of Domestic Manufacturing and United States Jobs [1] (Executive Order), which requires federal agencies [2] to emphasize domestic manufacturing in research and development agreements, contracts, and plans.

Continue Reading “Made” in America redux: President Biden Proposes Leveraging Federal Research Funding to Further Promote the Domestic Manufacturing Base

On June 2, 2023, the FAR Council issued an Interim Rule with immediate effect that prohibits the presence or use of the TikTok app on “information technology” (IT) equipment used by government contractors and contractor personnel in the performance of a contract. The interim rule mirrors the Office of Management and Budget’s guidance, which directed federal agencies to remove TikTok and successor apps made by Chinese company ByteDance Limited from federal devices (to implement the No TikTok on Government Devices Act).

Continue Reading Save the Last (Byte) Dance: New Interim Rule Bars TikTok and Successor ByteDance Apps

Concerns about the federal debt limit have simmered since the Government reached the limit in January, but things are coming to a boil with the Treasury Department’s confirming that, as early as June 1, “extraordinary measures” may be insufficient to prevent the U.S. from defaulting on its obligations. A default would be unprecedented, creating uncertainty about how the Administration will proceed. It is important, therefore, that contractors understand the circumstances and be prepared to respond effectively to a range of scenarios.

What is the Federal Debt Limit?

The federal debt limit is the maximum amount of money that Congress, by statute, permits the Treasury to borrow.  When Treasury reached this borrowing limit in January 2023, it began taking “extraordinary measures” to keep paying the federal government’s bills, but those extraordinary measures can only temporarily stave off default.  Once the federal government’s cash on hand is no longer sufficient to pay its bills despite those extraordinary measures, the U.S. could begin defaulting on its payment obligations. …

Continue Reading Debt Limit Default

On April 18, 2023, the Department of Defense (“DoD”) issued guidance to DoD contracting officers directing the cessation of certain emergency contracting measures utilized during the COVID-19 pandemic.  Following the termination of the COVID-19 national emergency declaration through President Biden’s April 10, 2023 signing of H.J. Res. 7, DoD released a memorandum titled “…

In General Atomics Aeronautical Systems, Inc., ASBCA Nos. 61633, 61731 (Feb. 8, 2023), released March 14, 2023, the Armed Services Board of Contract Appeals (ASBCA) considered, but declined to answer, the existential question of whether intracompany lease payments are “costs.”  The ASBCA denied the Government’s motion for summary judgment, finding that material facts about the…

On Tuesday, the Department of Commerce (Commerce) issued the First Notice Of Funding Opportunity (First NOFO) under the CHIPS and Science Act of 2022 (CHIPS Act), P.L. 117-167.  As we have covered, the CHIPS Act provides for federal funding and assistance for the U.S. semiconductor industry, including building and operating new semiconductor factories, and…

On February 28, 2023, the Commerce Department released the first Notice of Funding Opportunity (“First NOFO”) under the recently enacted CHIPS and Science Act (CHIPS Act), P.L. 117-167.  The First NOFO seeks applications for assistance—including direct funding, loans, and loan guarantees—for projects to construct, expand, or modernize commercial semiconductor facilities.  

In addition, the Commerce Department’s CHIPS Program Office announced that it will issue two additional NOFOs this year—a second NOFO for semiconductor materials and manufacturing equipment facilities in the spring of 2023, and a third NOFO for research and development facilities in the fall of 2023.

The First NOFO is focused on the fabrication of leading-edge, current-generation, and mature-node semiconductors and includes both front-end wafer fabrication and back-end assembly, testing, and packaging.  According to the CHIPS Program Office’s webinar on February 28, the Commerce Department has begun accepting statements of interest for all potential applicants.  It will begin accepting full applications on a rolling basis beginning March 31, 2023 for leading-edge manufacturing facilities, and June 26, 2023 for current-generation, mature-node, or back-end manufacturing facilities.

Continue Reading Commerce Department Opens First Round of CHIPS Act Funding for Semiconductor Manufacturers

This week, the Department of Labor (DOL) and Office of Management and Budget (OMB) issued a memo directing all agencies to designate “agency labor advisers” who are responsible for advising agencies on “Federal contract labor matters.”  FAR Part 22 contemplates the appointment of “agency labor advisors,” and requires contractors to contact them about potential labor…