Legal Updates

GAO Publishes Bid Protest Report for FY 2018

By: Christine V. Williams on 11/25/2019

The GAO published its Bid Protest Report for Fiscal Year 2018.  In its report the GAO summarizes the cases it handled and how they were resolved.  The GAO also reported on the impacts of the 35 day Government shut down as it related to bid protests.  A lot of Government contractors want to know how many cases are resolved and how they are resolved.  This report helps give insight but please...

SBA Tribal Consultation-Minneapolis-December 10, 2019

By: Christine V. Williams on 11/25/2019

SBA has proposed substantive changes to the regulations governing the 8(a) Business Development program. Some of these changes directly impact tribally-owned 8(a) applicants and Participants, and therefore SBA requests comments and input from the tribal community on the various approaches and changes in the proposed rule.   Tuesday, December 10, 2019, 10:00am – 2:00pm...

SBA Tribal Consultation – -Anchorage-Wednesday, January 8, 2020

By: Christine V. Williams on 11/12/2019

SBA has proposed substantive changes to the regulations governing the 8(a) Business Development program. Some of these changes directly impact 8(a) applicants and Participants owned by tribes and Alaska Native Corporations (ANCs), and therefore SBA requests comments and input from the tribal and ANC communities on the various approaches and changes in the proposed rule. Wednesday, January 8,...

Federal Register-SBA Publishes Proposed Regulations Affecting Multiple Programs and Size

By: Christine V. Williams on 11/08/2019

Today, November 8, 2019, the SBA proposed some pretty hefty changes to its regulations and not just to the mentor protege program.  It also includes changes to size, mandatory performance, eligibility for multiple award contracts, and performance.  Below is the federal summary, the method by which to submit comments, and the link to the rules.  Comments must be received on or before...

“Skinny” National Defense Authorization Act Released Today

By: Christine V. Williams on 10/30/2019

U.S. Sen. Jim Inhofe (R-Okla.), chairman of the Senate Armed Services Committee, today introduced the “skinny” National Defense Authorization Act of Fiscal Year 2020 (NDAA). This basic version of the annual defense authorization fulfills Congress’s duty to provide for the common defense by extending essential, noncontroversial authorities for national security programs that would otherwise...

GAO Defers to SBA that Rule Making is Necessary for Runway Extension Act to Take Effect and Change the Period of Revenue Measuring from 3 to 5 Years

By: Christine V. Williams on 08/20/2019

In TechAnax decision, GAO denied two bid protests that challenged SBA’s interpretation of the Small Business Runway Extension Act (Public Law 115-324) as necessitating rulemaking before changing the averaging period for receipts-based size standards. GAO found that SBA’s interpretation merits deference in the areas of establishment, amendment, and interpretation of small business size...

FedBizOpps Transitioning to SAM.gov

By: Christine V. Williams on 08/16/2019

FedBizOpps.gov will be decommissioned and its functionality transitioned into beta.SAM.gov in the first quarter of 2020 fiscal year (end of this calendar year).  The goal is to make one website for people who make, manage, and receive federal awards. According to the fact sheet, the link to the site is attached, the improvements will include the following: The ability to search for...

SBA Proposed Rules-Runway Extension Act (5 Year instead of 3)-Comments Due August 23, 2019

By: Christine V. Williams on 06/24/2019

SUMMARY: The U.S. Small Business Administration (SBA or Agency) proposes to modify its method for calculating annual average receipts used to prescribe size standards for small businesses. Specifically, consistent with a recent amendment to the Small Business Act, SBA proposes to change its regulations on the calculation of annual average receipts for all receipts-based SBA size standards and...

SBA Announces its New Size Standard Methodology-White Paper

By: Christine V. Williams on 04/12/2019

SBA has issued a white paper explaining its new methodology for calculating industry size standards.  The link to the full paper is at the end of this and the excerpt/background of the white paper taken from the SBA website is as follows: The white paper explains how the SBA establishes, reviews, and modifies its small business size standards. The SBA's size standards...

OMB Issues New Guidance on Category Management with Interesting Provisions Regarding Small Business

By: Christine V. Williams on 04/10/2019

On March 20, 2019, OMB issued new guidance on Category Management with interesting provisions and implications for small business.  Acknowledging that SBA does not have a vote at the Category Management Leadership Council, the OMB used other methods so the SBA will hopefully have a voice in the discussion.  Additionally, in a footnote (fn. 31, page 28) OMB seems to say once a contract is 8(a)...