Legal Updates
Rothe Development, Inc., v. U.S. Department of Defense and U.S. Small Business Administration-Case Rescheduled by U.S. Supreme Court
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
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
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
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
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?
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
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
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...
Protest Examines Appropriate Forum for Size Protests as well as Potential Personal Conflict of Interest for Evaluator
By Christine V. Williams Outlook Law, LLC August 28, 2017 Protest of Archimania, B-414653, (August 2017), reiterates appropriate forum for size protests and examines personal conflict of interest for an evaluator of the proposal at issue. In the case of Archimania, a size protest was brought against Duvall Decker Architect ("Duvall"), a small business located in Mound...
The Sixth Circuit Court of Appeals allows Attorneys’ Fees Against the Government in a False Claims Act Case because (i) the Government’s demand was Substantially in Excess of the Award Obtained by the Judgment, and (ii) the Government’s Ultimate Award was Unreasonable Compared to that of the Judgment.
Link to Outlook Law's Synopsis: United States ex rel. Wall v. Circle C Constr Link to Decision: Sixth Circuit FCA