Legal Updates
On December 23, 2016, the SBA Announced the Pending Implementation of Section1614 of the NDAA of 2014 providing that an Other than Small Prime Contractor shall Receive Small Business Credit for its Subcontracting Plan AND the Prime Contractor must Publish the SBA Size Standard with its Subcontract
The SBA is amending its regulations to implement section 1614 of the National Defense Authorization Act for Fiscal Year 2014 (NDAA 2014). Section 1614 amended the Small Business Act to provide that where a prime contractor has an individual subcontracting plan for a specific prime contract with an executive agency, the prime contractor shall receive credit towards its subcontracting plan goals...
On December 27, 2016, the SBA Correct/Clarified its Joint Venture Profit Rules that Accompany the Mentor Protégé Changes to All Programs Eligible to Participate
On October 19, 2016, the SBA issued a correction pertaining to 8(a) joint venture profits, which clarified 13 CFR 124.513 in that populated joint ventures were eliminated, which, in turn, disallowed profits commensurate with the ownership interest. 81 FR 71981. As such, the joint venture rule now states that the 8(a) Participant in a joint venture must receive profits from the joint venture...
The Department of Defense (DOD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) Release a Proposed Rule for Comment on Further “Clarification” of the Justification for 8(a) Sole Source Awards for 8(a) Participants Owned by Tribes, Alaska Native Corporations (ANCs), and Native Hawaiian Organizations (NHOs)
The Department of Defense (DOD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) Release a Proposed Rule for Comment on Further “Clarification” of the Justification for 8(a) Sole Source Awards for 8(a) Participants Owned by Tribes, Alaska Native Corporations (ANCs), and Native Hawaiian Organizations (NHOs) DOD, GSA, and NASA are...
GAO Lacks Jurisdiction to Hear Protests Valued at Over $10 Million on Civilian Agency ID/IQ Orders because its Jurisdiction to Do So Has Expired — Ryan Consulting Group, Inc., B-414014
Civilian Agency Jurisdiction and the Sunset Provisions The GAO’s jurisdiction under Title 41 (public contracts-civil agency orders) to hear protests valued over $10 million on indefinite delivery/indefinite quantity (ID/IQ) orders expired on September 30, 2016, if not protested on other grounds. In this case, Ryan Consulting Group, Inc., protested the issuance task order under a HUD ID/IQ...
The Pentagon Issues a Unilateral Contract for $6.1 Billion to Lockheed Martin
The Pentagon Issues a Unilateral Contract for $6.1 Billion for F-35s to Lockheed Martin Amidst Criticism from Senator McCain and the Senate Armed Services Committee November 7, 2015, Blog Post by Christine V. Williams On Wednesday evening, November 2, 2016, the Pentagon issued a unilateral contract to Lockheed Martin (Lockheed) for the 9th lot of the joint strike fighter aircraft, the...
Federal Judge Issues Nationwide Preliminary Injunction Against the Fair Pay and Safe Workplaces Rule and DOL Guidance.
On Monday, October 24, 2016, a federal judge out of the Eastern District of Texas, issued a nationwide preliminary injunction against part of the Fair Pay and Safe Workplaces Rule (Rule). The Rule, stemming from an Executive Order in 2014 was enacted into the Federal Acquisition Regulations (FAR) with accompanying Department of Labor (DOL) guidance (Guidance). (Please note the Rule’s paycheck...
The U.S. Department of Transportation Releases Revised Guidance regarding Alaska Native Corporations and its Disadvantaged Business Enterprise Program
The U.S. Department of Transportation Releases Revised Guidance regarding Alaska Native Corporations and its Disadvantaged Business Enterprise Program The guidance issued by DOT is in the form of Q&A/FAQs. Here is the abbreviated version and the link at the bottom. ANCs do not have to be 8(a) certified to have the DOT’s ANC regulations apply (like the SBA regulatory format)-meaning...
On September 28, 2016, Christine Williams of Outlook Law, LLC, and John Klein, Associate General Counsel for the SBA, presented the new regulations and regulatory changes to the SBA’s Mentor Protégé Program
View the full article to see the slides. Mentor protege regulations from Christine Williams
The DC Circuit Court of Appeals Holds the 8(a) Program Constitutionally Valid
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.
View the full article to see the slides. Native Hawaiian Organizations ("NHO"): Regulation Changes presentation from Christine Williams