Legal Updates

Public Inspection in Federal Register of Regulations Adding One Year to SBA’s 8(a) Program-Scheduled to be Published Tomorrow
SBA is amending § 124.2 of its regulations to incorporate the optional program term extension for small business concerns participating in the 8(a) BD program on March 13, 2020. Specifically, revised § 124.2 provides that for a firm participating in the 8(a) BD program as of March 13, 2020 and through [Likely tomorrow when published], SBA will extend its program term by one year unless the...

John Klein and Christine Williams Speak to Common Mistakes Made by Government Contractors that Can Land them into Trouble
John Klein and Christine Williams spoke on common pitfalls and mistakes for Government Contractors that can land them into trouble. They spoke to the Native Hawaiian Organization Association and have made the slides available below. John Klein is Associate General Counsel for SBA for Procurement Law and the Suspension and Debarment Official. Here is a brief bio for Mr. Klein: ...

John Klein and Christine Williams Speak to New SBA Regulations-Over PowerPoint Slides
SBA's New Rules/Regulations were presented by John Klein and Christine Williams. The power point slides are available . John Klein is the Associate General Counsel for Procurement Law United States SBA. In this role, Principal legal advisor to senior SBA Agency officials and their staff with respect to the 8(a) Business Development program; the Agency’s Government Contracting...

Consolidation of Mentor-Protege´ Programs and Other Government Contracting Amendments-Small Business Administration Regulations
The Small Business Administration (SBA) regulations, with long awaited changes, were released today in the Federal Register. The new regulations are complex and are approximately 54 pages. The new regulations are entitled "Consolidation of Mentor-Protege´ Programs and Other Government Contracting Amendments-Small Business Administration Regulations." Here is a link to the regulations:...

HUBZone Presentation with Q&A with SBA’s HUBZone Director, Deputy Director, and Program Manager-No Charge-No Sign Up Required-Facilitated by Outlook Law, LLC
The revised HUBZone regulations have been out about 8 months and folks have questions. The SBA is ready and happy to answer them. On September 16, 2020, at 2:00-3:30 EST, the SBA HUBZone Director, Deputy Director, and Program Manager will give a presentation and do a Q&A session for all those that are interested. No sign up is required and no charge. For more information, you can...

Successful Protest of a Contract Removed from the 8(a) Program and Put on GSA Schedule-Agency Must Further Justify the Award and Cost Change of More than 25%
On June 23, 2020, the GAO issued a decision in the matter of Eminent IT, LLC, B-4148570, which sustained a protest alleging that a contract was improperly removed from the 8(a) program and placed on a General Services Administration (GSA) Federal Supply Schedule (FSS). Simply put, the agency did not meet the mandate of "new requirement(s)" and receive SBA permission prior to removing the...

Christine V. Williams Nominated by Peers to be a Fellow of the American Bar Foundation
Christine V. Williams, the founder and managing partner of Outlook Law, LLC, was nominated by her peers to be a Fellow of the American Bar Foundation. "The Fellows compromise a global honorary society of lawyers, judges, law faculty, and legal scholars who have demonstrated outstanding leadership in the profession and service to society. Membership is limited to one percent of lawyers admitted...

Federal Register/Summary of Rules on Small Entity Compliance Guide, DD Form 254, Micro Purchases, Evaluation Factors for MACs, Mods to Cost and Pricing Data, and Electronically Issued Orders
The Federal Register issued a document today that summarizes the Federal Acquisition Regulations issued by the Civilian Agencies as well as a companion document Small Entity Compliance Guide. The Small Entity Compliance Guide 85 FR 40077 is issued under the joint authority of DOD, GSA, and NASA. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small...

The Department of Defense, General Services Administration, and NASA are Proposing to Amend the Federal Acquisition Regulations on SBA Joint Ventures: Comments Due
SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement statutory and regulatory changes regarding joint ventures made by the Small Business Administration (SBA) in its final rule published in the Federal Register on July 25, 2016, and to clarify that 8(a) joint ventures are not certified into the 8(a) program and that 8(a) joint venture agreements...

Treasury Issues More Guidance on Paycheck Protection Program on April 6, 2020
Treasury has issued more guidance on the Paycheck Protection Loans as of April 6, 2020. That guidance can be found here: https://home.treasury.gov/system/files/136/Paycheck-Protection-Program-Frequenty-Asked-Questions.pdf or in pdf format here: Paycheck-Protection-Program-Frequenty-Asked-Questions April 6 2020 Treasury The pdf may be found here:...