Legal Updates

Federal Judge Issues Nationwide Preliminary Injunction Against the Fair Pay and Safe Workplaces Rule and DOL Guidance.

By: jeff on 10/26/2016

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

By: Christine V. Williams on 10/15/2016

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

By: jeff on 09/29/2016

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

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...