Legal Updates

The DC Circuit Court of Appeals Holds the 8(a) Program Constitutionally Valid

By: jeff on 09/12/2016

In a decision issued Friday, the DC Circuit Court of Appeals held the SBA’s Section 8(a) Program Constitutionally valid.  Christine Williams wrote the brief for the Native American amici and strongly advocated a rational review standard be utilized when evaluating the contracting relationship with amici even if the Court were to employ another review standard for other participants in the...

John Klein, SBA, and Christine Williams, Outlook Law, LLC, present the SBA’s 2016 regulation changes at the Native Hawaiian Organization Association Conference.

By: jeff on 08/31/2016

View the full article to see the slides. Native Hawaiian Organizations ("NHO"): Regulation Changes presentation from Christine Williams

Mandatory Disclosures Lead to False Claim Act Settlement/Fines for Government Contractor-Charging for a Firm Fixed Price and Time and Materials Subcontracts Simultaneously

By: jeff on 08/28/2016

On Thursday, August 25, 2016, the Department of Justice stated that it had reached a settlement agreement with Fairbanks Morse Engine (FME) resulting from civil fraud allegations that the employees engaged in mischarging labor hours. Read the full report below Mandatory Disclosures and Contractor to Pay Fines

Discussion in the Bidding Process: Competitive Discussions and What May Result in a Protest: General Principles and Rotech Healthcare Examined

By: jeff on 08/22/2016

According to the spirit of FAR Part 15, competitive discussions are meaningful negotiations conducted as part of the overall competitive acquisition. In some cases, discussions are not conducted correctly and may be the basis for a successful protest. This update will discuss very general rules of competitive (note, noncompetitive has different aspects) negotiations/discussions as well as a...

A Look at GAO Bid Protests in 2015 as the Government’s Fiscal Year End Approaches and The General Boundaries of an Agency’s Corrective Action. Read the full report below.

By: jeff on 08/15/2016

Read full report here

Regulatory Changes to the SBA’s HUBZone Program

By: Christine V. Williams on 08/04/2016

Today, the Federal Register reflected new regulations put into place by the SBA regarding the HUBZone program. The regulations are effective on October 3, 2016, unless significant adverse comment is received, in which case, the effective date will be adjusted for a comment and response period. The Federal Register is not long on this subject, and this update will reflect that fact. Read the...

SBA’s New Mentor Protege Regulations and Significant Other Regulatory Changes

By: Christine V. Williams on 07/25/2016

The SBA is amending its regulations to, among other things, do the following: Add mentor protege programs for all Small Business Concerns Change acceptable joint venture structures and affiliation Clarify factors for  size determination Change how Native Hawaiian Organizations shall be required to demonstrate economic disadvantage Institute how the SBA will change the primary...

False Claims Act: Increased Fines, Implied Certifications, and the Yates Memorandum Interplay

By: jeff on 06/30/2016

In not so surprising news, the Department of Justice (DOJ) confirmed yesterday that it will adopt the largest ever proposed increase in fines and penalties for False Claim Act (“FCA”) cases. The first whiff of this development came with the interim rule published in May, as updated by Outlook Law with the highpoints of the adjustment. You can find the full report below. Legal Update on...

The U.S. Supreme Court decides a Circuit Split: Full Analysis of the FCA Liability Implied Certification

By: jeff on 06/17/2016

The False Claims Act (“FCA”) imposes significant penalties on those that defraud the Government. The focus of the FCA is on those that present or induce others to present false or fraudulent claims to the Government for payment. There has been a split between the circuit courts in regards to how far that liability extends. Specifically, some courts have held contractors liable for...

Christine Williams of Outlook Law, and John Klein, Associate General Counsel of the SBA and the Suspension and Debarment Official presented a basic overview of the regulations governing mergers and acquisitions with respect to size and the 8(a) Program.

By: jeff on 06/15/2016

Christine and John covered what mistakes they most often encounter when 8(a) firms go through the merger and acquisition process. Full presentation below. Mergers with Klein and Williams