Legal Updates

American Bar Association-Federal Procurement Panel-Featuring John Klein and Christine V. Williams-Annapolis-March 9-12, 2022

By: Outlook Law, LLC on 01/18/2022

The 28th Annual Federal Procurement Institute In-Person Conference from March 9-12, 2022, will occur at the GRADUATE HOTEL • ANNAPOLIS, MARYLAND. This ABA Procurement Conference brings experts together from all fields of government procurement.  Agency and recognized legal experts present and are available for questions and answers during the sessions.  The sessions include category...

Small Business Size Protest on Control, Small Business Investment Companies, and Present Realization of Unexercised Options

By: Christine V Williams on 01/17/2022

In December of 2021, the SBA’s Office of Hearings and Appeals (OHA), decided during a protest whether or not a Small Business Investment Company (SBIC) owned enough unexercised options (unexercised voting stock or equivalent) of a small business to become affiliated with that small business.  In its decision, OHA found that even if the unexercised options were presently exercised (13 CFR...

Buy Indian Act and Set-Aside Procurements–Final Rule from Department of Health and Human Services

By: Christine V Williams on 01/14/2022

The Federal Register published the Final Rule on the Buy Indian Act regarding federal procurement as and Indian Economic Enterprise (IEE) and its counterpart for IEEs that are small (ISBEE).  The Agency promulgating the rule is the Department of Health and Human Services, which provides the Indian Health Services (IHS) with authority to set-aside procurements for Indian-owned and controlled...

GAO Decides Small Unpopulated JVs can Obtain Security Clearances and Decides When a Statute Automatically Takes Effect

By: Christine V Williams on 09/22/2021

In a case entitled InfoPoint, LLC, a small business protested the terms of a proposal, which was issued by the Air Force.  The Air Force insisted that the unpopulated Joint Venture (JV) must obtain a top-secret security facility clearance (FCL) when the partners to the JV both have such clearances.  The small business protested, and the GAO found for the small business--allowing an unpopulated...

FAR Publishes Final Rule on Limitations on Subcontracting, Good Faith in Subcontracting, and PCR Review.

By: Christine V Williams on 08/11/2021

The FAR has published the long-awaited rule on Limitations on Subcontracting for SBA Set-Aside contracts, which now agrees with SBA's CFR.  Additionally, the FAR published the Rules on Good Faith in Subcontracting and PCR Review.  For reference to the FAR Documents, please click here: 86 FR 44233 FAR LOS FR 86 FR 44249 Good faith FR 86 FR 44247 FAR PCR FR

Bona Fide Office Requirements-Revised Again and Partially Released-More to Come???

By: Christine V Williams on 06/15/2021

SBA Released its Checklist Guidance months and months after it required 8(a) firms--for the first time- to have a bona fide office for sole source construction contracts.  The requirements are strenuous and stretch--if not break the bank for firms trying to do simple work in another area.  These firms counted on revenue that required an investment of resources that was returned by overzealous...

The Story of Outlook Law, LLC—Bias Interrupter—A Law Firm Performing Better because of Diversity

By: Outlook Law, LLC on 05/24/2021

The Story of Outlook Law, LLC—Bias Interrupter—A Law Firm Performing Better because of Diversity Bias interrupters, such as Outlook Law, LLC, recognize explicit and implicit bias-in what the American Bar Association calls Prove it Again (PIA) syndrome—applied to having to overachieve (again) as a female attorney or an attorney of color—and receiving clear messages that the person does...

Department of Defense Proposed Regulations to Consider Past Performance of Subcontractors and Joint Venture Partners for Construction and Architect-Engineer Services Contracts-Comments Due

By: Christine V Williams on 05/21/2021

SUMMARY: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2019 that establishes a requirement for use of the best available information regarding past performance of subcontractors and joint venture partners when awarding DoD contracts for construction and architect-engineer...

Difference Between SAM.gov and Beta SAM.gov-Transition Happening-What is Transitioning and When

By: Allie McDonnell and Christine WIlliams on 05/10/2021

The transition of the System for Award Management (SAM) is and has been somewhat confusing for people.  What is transition and when is it transitioning are most common questions.  Below is a summary of the 10 online websites migrating to the new system as well as the expected timeline of when each system is expected to migrate.  The introduction is borrowed from the government, specifically,...

HUBZone Program: Extending Map Freeze Until June 2023-Direct Final Rule by SBA

By: Christine V Williams on 05/05/2021

AGENCY: U.S. Small Business Administration. ACTION: Direct final rule. SUMMARY: This direct final rule extends the HUBZone map freeze mandated by the National Defense Authorization Act for Fiscal Year 2018 (NDAA 2018) from December 31, 2021, to June 30, 2023. The NDAA 2018 requires that certain certified HUBZone small business concerns shall maintain their HUBZone status until the...