Legal Updates

Rothe v. U.S. Department of Defense, U.S. Small Business Administration

By: Christine V. Williams on 10/16/2017

A Writ of Certiorari was denied by the U.S. Supreme Court in Rothe v. Department of Defense/SBA.  In short, the U.S. Supreme Court will not hear the Constitutional challenge to the 8(a) statute.  There was no dissenting opinion written disagreeing with the denial, as is sometimes done.  For instance, in the attachment, where Rothe cert was denied on page two, further along there is a...

Senators Grassley and Leahy Press Justice Department on Whistleblower Protections

By: Christine V. Williams on 09/29/2017

In 2014, there was a series of recommendations both from the Justice Department itself and the GAO for changes to the processes, policies, and approach taken to whistleblowers and whistleblower claims.   This included recommendations for protecting FBI employees. On September 20, 2017, Senators Grassley and Leahy, from the Senate Judiciary Committee, on which they serve as Chairman and...

Rothe Development, Inc., v. U.S. Department of Defense and U.S. Small Business Administration-Case Rescheduled by U.S. Supreme Court

By: Christine V. Williams on 09/28/2017

The Rothe case was re-scheduled by the U.S. Supreme Court.  Not a lot should be read into this except that it was rescheduled.  The Court may still decide to grant or deny certiorari this session.  It may reschedule again.  Occasionally, when the Court continues (multiple times) to reschedule it can be-purely speculative- that there the Court may be taking a closer look or one of the justices...

SBA Publishes Notice on New Information Collection in Federal Register

By: Christine V. Williams on 09/26/2017

Federal Register/Vol. 82, No. 185 Comments due November 27, 2017 The SBA is proposing to fast track a generic voluntary collection of qualitative information as a means to gather customer and stakeholder feedback in an efficient, timely manner, in accordance with the SBA's commitment to improving service delivery. Qualitative feedback is that which provides useful insights on perceptions...

GAO Recognizes Similarly Situated Rule When Used by Agency even though Rule is not in the Federal Acquisition Regulations

By: Christine V. Williams on 09/25/2017

In Crosstown Courier Service, Inc., B-414752 (Sept. 2017), the GAO decided a case, which involved an apparent conflict between the Federal Acquisition Regulations (FAR) and the SBA's regulation on limitation on subcontracting.  In short, this case is important because the GAO recognized the agency's ability to use its own regulations as well as the SBA's regulations when setting the parameters...

Failing to Survive a Summary Judgment Motion Can Cost the Relators Money

By: Christine V. Williams on 09/24/2017

It has long been known that the medical industry represents the top False Claim Act (FCA) defendants, and subsequent penalty payees, to the Government.  It is oftentimes that the medical cases lead the way to where Government Contracting cases may follow and, most often, do follow.  In the world of multi-billion dollar recoveries every year by the Department of Justice (DOJ), there is an...

Court of Federal Claims Examines Conflicts of Interest for Former Government Employee as well as the Procurement Integrity Act

By: Christine V. Williams on 09/24/2017

Outlook Law, LLC September 25, 2017 Christine V. Williams Harkcon v. U.S. and Metris, LLC (COFC No. 17-508C, August 2017) -Court of Federal Claim Decides Bid Protest on Organizational Conflict of Interest In August, the U.S. Court of Federal Claims released a case in which it decided a post award bid protest that examined an organizational conflict of interest (OCI).  In reaching its...

Unintended but Intended Size Protest?

By: Christine V. Williams on 09/21/2017

In Size Appeal of Sea Box, Inc., SIZ-5846 (August 2017), a disappointed contractor wrote a letter to the contracting officer alleging the successful awardee was other than small.  In response, the contracting officer forwarded the letter on as a size protest to the Area Office.  The Area Office dismissed the protest for lack of standing but initiated its own inquiry. The disappointed...

HUBZone Maps Reflect 2017 Data

By: Christine V. Williams on 09/21/2017

According to the SBA, the Qualified Non-metropolitan County (QNMC) unemployment data was released at the beginning of August. The HUBZone interactive map has now been updated with the new data and reflects the most current census tract and county statuses. In addition, SBA has analyzed the Presidential Major Disaster Declarations in response to Hurricane Harvey and has applied the Qualified...

SBA Aims to Reduce Regulations: Comments Due October 2017

By: Christine V. Williams on 08/29/2017

The Small Business Administration is seeking input from the public on identifying which of the Agency’s regulations should be repealed, replaced or modified because they are obsolete, unnecessary, ineffective, or burdensome. This process of evaluating and identifying such regulations comports with the mandate in various Executive Orders to reduce the number and costs of the regulations that...