Legal Updates

Department of Defense Updates Regulation for 8(a) Direct Awards

By: Christine V. Williams on 11/09/2018

The Department of Defense (DoD) updated its regulations to reflect current practice in regards to SBA's Section 8(a) Direct Awards.  The new regulation applies to acquisitions below the simplified acquisition threshold, acquisitions of commercial items, including commercially available items.  The regulation deletes the obsolete requirement for an 8(a) contractor obtain written approval from...

Proposed HUBZone Regulations Issued

By: Christine V. Williams on 10/31/2018

SUMMARY: The U.S. Small Business Administration (SBA or Agency) proposes to amend its regulations for the Historically Underutilized Business Zone (HUBZone) Program to reduce the regulatory burdens imposed on HUBZone small business concerns and government agencies, implement new statutory provisions, and eliminate ambiguities in the regulations. SBA has reviewed all of its HUBZone regulations and...

Department of Justice’s Evaluation of Corporate Compliance Programs

By: Christine V. Williams on 10/24/2018

This update covers new policies and procedures announced by the U.S. Department of Justice (DOJ) as well as the DOJ's Sample of Evaluation of Corporate Compliance Programs.  The sample compliance evaluation is very well done and easy to use.  It is linked at the bottom of this post. As companies strive to meet compliance standards, the DOJ provides guidance in the form of a new memorandum as...

Outlook Law and SBA-Navigating Size Protests-Slides Now Available

By: Christine V. Williams on 09/25/2018

On September 20, 2018, Laura Foster, Of Counsel, with Outlook Law, and Meagan Guerzon , an Attorney Advisor with SBA out of Headquarters, gave a presentation on size protests with the SBA from Area Office to Appeals.  Several people have asked for the slides.  They are here: Navigating Size Protests and Appeals FINAL

The False Claim Act and the Ninth Circuit Court of Appeals Recent Decision

By: Christine V. Williams on 08/31/2018

In a very recent decision on the False Claims Act (FCA), U.S. ex rel. Rose v. Stephens Institute (Aug. 2018), the 9th Circuit Court of Appeals weighed in on critical aspects of the FCA; namely, the application of the implied false certification and the materiality standard.  In so doing, the 9th Circuit interpreted the U.S. Supreme Court's opinion on U.S. v. Escobar, 136 S. Ct. 1989 (2016), as...

Christine V. Williams named in 2019 Best Lawyers

By: Christine V. Williams on 08/15/2018

    Outlook Law's Christine V. Williams Named to 2019 Best Lawyers® List  United States, August 15, 2018 -- Outlook Law, LLC, is pleased to announce that Christine V. Williams has been included in the 2019 Edition of The Best Lawyers in America. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal...

SBA’s Present Effect Rule and Size Protests

By: Christine V. Williams on 08/11/2018

When a merger or acquisition deal is occurring and the firms have contracts awarded on SBA eligibility, including size, the present effect rule must be considered.  That rule, if not careful, may have the unintended consequences of rendering firms other than small, or otherwise ineligible, before the ink is even on the paper to close the deal.  That is, SBA has a rule that states, in pertinent...

U.S. Department of Labor Announces New Policies to Ensure Equal Employment Opportunity and Protect Religious Freedom

By: Christine V. Williams on 08/10/2018

This is reprinted from the Office of Federal Contract Compliance Programs. On August 10, 2018, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced two new policy directives focused on ensuring equal employment opportunity and protecting Americans’ religious freedom. The equal employment opportunity directive calls for more comprehensive reviews...

SBA Clarifies Approval on Change of Management

By: Christine V. Williams on 07/08/2018

In 2018, SBA restated its position regarding approval and change of management.  That is, SBA stated that prior approval for a change of management is not required.  For the succinct slides on this, please click here: Change in Management_Rev20180615 (002)

Summary of U.S. Senate Small Business Committee Field Hearing Held in Anchorage, Alaska, June 29, 2018

By: Christine V. Williams on 06/30/2018

Summary of U.S. Senate Small Business Committee Field Hearing   The U.S. Senate Small Business Committee, led by Chairman Risch, with participation by Senators Sullivan and Murkowski, occurred in Anchorage, Alaska on June 29, 2018.  The hearing lasted for over two hours and testimony was given by:  Robb Wong, SBA Associate Administrator for the Government Contracting/Business...