Legal Updates

Amicus Brief Filed in the DC Circuit Court of Appeals. Rothe v. Department of Defense and the Small Business Administration

By: Christine V. Williams on 04/28/2016

Christine V. Williams filed an Amicus brief on behalf of the amici, which include: Native American Contractors Association, Alaska Federation of Natives, Alaska Native Village Corporation Association, National Congress of American Indians, Sovereign Omaha Tribe of Nebraska, Sovereign Winnebago Tribe of Nebraska, Great Plains Tribal Chairman's Association, ANCSA Regional Association, The National...

GAO Report: Initial Analysis for Informational Purposes

By: Christine V. Williams on 03/22/2016

Update on GAO Report Issued Today Today, the GAO issued a report specifically dealing with firms owned by Alaska Native Corporations that participate in the 8(a) Program. The main thrust of the report is additional compliance and oversight. It contains a lot of information and 6 recommendations. The SBA took issue with the recommendations and I have summarized both the recommendations and the...

Amendments to the FAR on Tracking Corporate Performance, Representations, and Certifications

By: Christine V. Williams on 03/15/2016

Recently, the Federal Acquisition Regulations (FAR) was amended to better track corporate performance of affiliated companies. In short, this is rule is likely designed to combat entities that had issues performing federal contracts and reformed or reconstituted themselves or affiliated companies to avoid the consequences of those issues. This is going to primarily effect FAR Part 9 and 52 by...

Women Owned Small Business Regulations Update

By: Christine V. Williams on 03/04/2016

Women Owned Small Business Contracting Program with the designated NAICS Codes thatqualify for WOSBs were announced in the federal register today. Effective today. A link is established for reference. In order to carry out the Women-Owned Small Business Federal Contract Program (WOSB Program), the U.S. Small Business Administration (SBA) was required by section 825 of the National Defense...

National 8(a) and GAO Small Business Set Aside Provision

By: Christine V. Williams on 02/08/2016

This update is a brief synopsis of a case that held, if there is not a certain FAR provision addressing subcontracting limitations in a set aside contract for small business, there is not a mandatory duty to comply with the subcontracting limitations. GAO Decision NCS/EML JV, LLC B-412277.3 (January 2014) This was a protest on a routine Low Price Technically Acceptable contract with a twist....

SBA Increases its Size Standards

By: Christine V. Williams on 01/26/2016

On January 25, 2016, the SBA increased its size standards. It did so in both revenue and employee based size standards. Below is the summary from the Federal Register as well as a few links. Revenue This rule finalizes, without change, the U.S. Small Business Administration’s (SBA or Agency) June 12, 2014 interim final rule that adjusted monetary small business size standards (i.e.,...

The White House Announces a New Agency for Background Checks

By: Christine V. Williams on 01/25/2016

On Friday, the White House announced, after a 90 day suitability study, that background checks and security clearances for federal employees and federal contractors will be handled by a newly created agency. The new National Background Investigations Bureau (NBIB) was formed with new security measures to protect the sensitive information submitted (think: response to big OPM hack in which data...

Ban Still Stands on Political Contributions from Federal Government Contractors

By: Christine V. Williams on 01/20/2016

The Supreme Court denied certification, or refused to hear and reverse, the DC Circuit Court of Appeals’ decision on the ban that prohibits individual federal government contractors from making political contributions. The law, enacted in 1940, was enacted to combat bribery or quid pro quo contributions to Congresspeople. The contractors who brought the suit on the grounds it singled out that...

GAO Report on the SBA and National 8(a) Association Conference

By: Christine V. Williams on 01/08/2016

The National 8(a) Association is holding its conference in Orlando next month and, hopefully, we can discuss the new SBA regulations.  That or John Klein and I can just politely argue about other things.  Always entertaining.Here is a link to the website for the February 9-10th event. GAO Report on the SBA On January 6, 2016, the GAO released a follow up report in the form of written...

Notable Small Business Provisions in the National Defense Authorization Act for 2016

By: Christine V. Williams on 12/22/2015

This is a brief summary of some of the provisions of the National Defense Authorization Act (NDAA) that will affect small businesses. Definitely a nutshell version of the NDAA, which is published online, and a tad more expansive than the press release for the Small Business Committee, which considered the Act a victory for small businesses in several respects. It will be interesting to see how...