Legal Updates
Department of Justices Statistics Exceed $5.6 Billion for Fiscal Year 2021 in False Claim Act Recoveries–Read the Highlights
The Department of Justice (DOJ) obtained more than $5.6 billion in settlements and judgments from civil cases in 2021. This is the second largest annual total amount in False Claim Act (FCA) history and the largest since 2014. The FCA, according to DOJ, serves as the government's primary civil tool to redress false claims involving a multitude of government operations and other functions...
Federal Procurement Institute–American Bar Association–Traveling Show? Amazing Agenda
The Federal Procurement Institute of the American Bar Association has an outstanding agenda (as featured below). Such a show is not hawking wares or exotic locales, but focuses on what real issues government contractors face everyday that impact their businesses. This year, Christine Williams, of Outlook Law, LLC, a Fellow of the American Bar Institute, has been asked to be a featured...
SBA’s New Tribal Consultation Policy of 2022–Trying to be Inclusive?
As most folks know, the federal government mandates that tribal consultations are held when Alaska Native Corporations and Federally Recognized Tribes participate in a federal program in an effort to be inclusive and fulfill the government's fiduciary duty to indigenous people belonging to these groups. This has been mandated by Executive Orders from Presidents and Statutes passed by Congress...
GAO Protest Decision-When are Communications with an Agency Not Considered the Forbidden Discussions during Procurement–“The Acid Test” and Price Realism
Clarifications on a procurement are not necessarily in violation of FAR Part 15--The Acid Test as Well as the Agency's Duty to Conduct Price Realism Clarifications or Negotiations--Clarifications Found Cherokee CRC, LLC, a small business, protested the issuance of an order by the United States Department of the Interior, Bureau of Indian Affairs (BIA), to Walga Ross Group JV (WRG), another...
American Bar Association-Federal Procurement Panel-Featuring John Klein and Christine V. Williams-Annapolis-March 9-12, 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
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
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
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.
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???
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...