Legal Updates
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...
The Story of Outlook Law, LLC—Bias Interrupter—A Law Firm Performing Better because of Diversity
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
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
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
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...
OSHA Issues New Guidance and Interim Enforcement Response Plan
According to the Small Business Office of Advocacy, the Occupational Safety and Health Administration (OSHA) issued two new documents on March 12, 2021, concerning COVID-19 and workplace enforcement. Here is the brief summary and linked documents. 1. COVID-19 National Emphasis Program (NEP) focusing OSHA enforcement efforts on companies with the largest number of workers at serious risk...
Outlook Law, LLC — Announcing the Addition of Two New Attorneys and One More to Come
Announcing the Addition of Two New Attorneys and One More to Come-Thank you to the clients who made this a reality Welcome Andrew March and Paul Cognac In a time when a lot of law firms were cutting staff, attorneys, and partners’ salaries, Outlook Law, LLC, with low overhead and highly competitive rates, continued to build on a solid foundation comprised of cutting edge legal advice,...