Legal Updates

Almost a year ago, on July 19, 2017, the SBA's Office of Hearings and Appeals (OHA) re-affirmed the SBA regulations, derived from statute, pertaining to Alaska Native Corporations (ANCs), Tribes, and Native Hawaiian Organizations (NHOs).  Specifically, in Size Appeal of Synergy Solutions, Inc., SIZ-5843, Synergy Solutions, an individually owned business, alleged, through its law firm, Piliero...

The Federal Register (FR) came out today announcing tribal consultations for SBA in Albuquerque, New Mexico, and Oklahoma City, Oklahoma.  The FR gives locations and times, the format of the consultations, as well as an overview of what was discussed in the previous tribal consultation in Anchorage, Alaska.  SBA also stated that it will allow written comments to further supplement testimony...

The Native American Contractors Association and Outlook Law, LLC, in conjunction with NCAI-ED, are hosting preparation sessions for the tribal consultations. The Federal Register for locations and dates for the tribal consultations is on the Outlook Law website and was attached to a previous email.  Here is that link. ...

SBA announced tribal consultations in Albuquerque, NM, and Oklahoma City, OK, on Thursday, June 7, and Friday June 8, 2018, respectively.  Native American Contractors' Association (NACA), National Congress of American Indians-ED (NCAI-ED), and Outlook Law are working together for a preparation session for the tribal consultations at these locations as well as prior to the consultations. NACA...

Here are some highlights from the Senate Small Business Committee hearing held on May 15, 2018.  I would urge you to listen to the full hearing (even in the background) as it addresses the disparity of opportunity for minority (I think they lump in tribes, ANCs, and NHOS here) as well as women owned businesses: Chairman Risch took a very active role and highlighted the wins for small...

The Senate Small Business Committee is going to hold field hearings in Alaska on June 29, 2018, in Anchorage, Alaska.  Likely to occur in the afternoon.  This is a preliminary announcement subject to some change. Chairman of the Committee, Senator James Risch, is scheduled to travel at this time with Senator Sullivan in visiting Alaska and conducting the hearings.  Likely, although...

SBA released today the entity-owned firms supplemental document form for 8(a) certification.  That form can be found from this link. Entity-Owned Firms: Supplemental Documents for 8(a) in Certify

As the Office of Federal Contractor Compliance Programs (OFCCP) in the Department of Labor  (DOL) has recently clarified its audit process for Federal contractors (for that information, please click here: https://www.dol.gov/ofccp/ ), there is also a reminder that Native Americans and Alaska Natives have an office within OFCCP that was designed to assist in employment rights of Native Americans...

The GAO, after introducing a draft rule in 2016, pursuant to a law passed by Congress in 2014, has done two things (1)  gone to an electronic only bid protest system and (2) instituted a $350.00 filing fee.  The  electronic only filing system does not apply to classified materials or to materials that are not suitable for electronic filing.  The final rule is effective May 1, 2018.  Here is...

The Department of Defense's (DOD) Inspector General's (IG) office examined two Army Contracting Commands, Redstone and Warren, to determine whether or not the contracting officers were monitoring compliance with small business subcontracting plans.  The IG also examined if the small business subcontracting plans were not provided, whether or not the contracting officers had examined if one was...