Legal Updates

How Much Experience must be Considered on a Small Business Joint Venture on Category Management, Well, that All Depends-Let’s Look at OASIS/GSA and the GAO Protest

By: Christine V. Williams on 02/23/2019

GSA administers seven groups of Government-wide multiple award IDIQ OASIS contracts that are set-aside for small business.  These seven groups of IDIQs are referred to as pools.  In Ekagra Partners, LLC, B-408685.18, (GAO Feb. 15. 2019), there was a protest concerning the OASIS small business pool contracts.  The RFP advised that awards will be made to the offerors whose proposals are found to...

National 8(a) Small Business Conference with John Klein from SBA, Christine Williams of Outlook Law, and Karen Ell from Tlingit Haida Tribal Business Corp

By: Christine V. Williams on 02/13/2019

National 8(a)/Small Business Conference is in full swing in Nashville and going great.  Fantastic line up of speakers discussing challenging issues and navigating current Government Contracting issues.  In our session yesterday, John, Karen, and I addressed some of the more recent challenges facing small businesses and how to navigate them.  The slide deck here is a look at Section 809 Panel...

Report of the Advisory Panel on Streamlining and Codifying Acquisition Regulations-Once 8(a)-Still 8(a)?

By: Christine V. Williams on 01/24/2019

Once 8(a) always 8(a) may not be the case if Panel 809's recommendations are implemented.  The panel seeks to impose hard deadlines on SBA for evaluating whether an 8(a) opportunity should stay in the program or be removed (shut-down concerns anyone?).  If SBA does not or cannot comply, the contract may be removed without a like value being placed back in (read between the lines there).   The...

U.S. Department of Labor-Office of Federal Contract Compliance Programs-Need an Opinion Letter?

By: Christine V. Williams on 01/24/2019

U.S. Department of Labor-Office of Federal Contract Compliance Programs is requesting that anyone who would like an opinion letter on a particular issue request one.  Here is the wording from the post OFCCP sent out. On November 30, 2018, OFCCP published Directive (DIR) 2019–03 outlining steps it intends to take to enhance the agency’s existing Help Desk. One of those steps was to...

CRS Report: Small Business Mentor-Protégé Programs (Updated 1/7/19)

By: Christine V. Williams on 01/24/2019

Summary from Congressional Research Service Mentor-protégé programs typically seek to pair new businesses with more experienced businesses in mutually beneficial relationships. Protégés may receive financial, technical, or management assistance from mentors in obtaining and performing federal contracts or subcontracts, or serving as suppliers under such contracts or subcontracts. Mentors...

CRS Report: Small Business Size Standards: A Historical Analysis of Contemporary Issues (updated 12/28/18)

By: Christine V. Williams on 01/24/2019

Summary Small business size standards are of congressional interest because they have a pivotal role in determining eligibility for Small Business Administration (SBA) assistance as well as federal contracting and, in some instances, tax preferences. Although there is bipartisan agreement that the nation’s small businesses play an important role in the American economy, there are differences...

HUBZone Comment Period Extended-New Date-February 14, 2019

By: Christine V. Williams on 01/02/2019

As Outlook Law, LLC, previously reported, the comment period for the proposed HUBZone regulations was due to be extended December 31, 2018-the original due date of the comment period.  It was in fact extended on December 31, 2018, with the new comments due on February 14, 2019.  The original HUBZone proposed regulations may be found on the legal updates page.  The notice of extension may be...

HUBZone Regulations Comment Period To Be Extended

By: Christine V. Williams on 12/28/2018

An advanced notice in the Federal Register announced that the comment period for the overhaul of the HUBZone regulations will be announced on New Years Eve.  The proposed HUBZone regulation are also contained on this page for ease of usage.  A link to the Federal Register with the advance notice is contained in this post.  Please note the new deadlines is February 14, 2018.  Notice of...

Federal Acquisition Regulation Catches Up to SBA’s Statutory Rule on Limitations on Subcontracting

By: Christine V. Williams on 12/05/2018

The Federal Register published the new proposed rule to match the statute regarding mandatory performance of work set forth in a 2013 statute and which tracks the SBA's 2016 mandatory performance regulation.  Here is an excerpt from the Federal Register, with a link to the full cite at the bottom of the page.  Please note, that even though this except does not contain it, there are changes to...

OFCCP – Department of Labor-Releases New Compliance Directives

By: Christine V. Williams on 11/30/2018

Today, the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFFCP), released three new directives in an effort to establish and maintain more certainty for contractors regarding investigations and compliance.  A link to the substantive directives, and all directives is found below. OFFCP, according to its mission statement, is in place to protect workers, promote...