Legal Updates

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)...

How Much Experience must be Considered on a Small Business Joint Venture on Category Management, Well, that All Depends-Let’s Look at OASIS/GSA and the GAO Protest

By: Christine V. Williams on 02/23/2019

GSA administers seven groups of Government-wide multiple award IDIQ OASIS contracts that are set-aside for small business.  These seven groups of IDIQs are referred to as pools.  In Ekagra Partners, LLC, B-408685.18, (GAO Feb. 15. 2019), there was a protest concerning the OASIS small business pool contracts.  The RFP advised that awards will be made to the offerors whose proposals are found to...

National 8(a) Small Business Conference with John Klein from SBA, Christine Williams of Outlook Law, and Karen Ell from Tlingit Haida Tribal Business Corp

By: Christine V. Williams on 02/13/2019

National 8(a)/Small Business Conference is in full swing in Nashville and going great.  Fantastic line up of speakers discussing challenging issues and navigating current Government Contracting issues.  In our session yesterday, John, Karen, and I addressed some of the more recent challenges facing small businesses and how to navigate them.  The slide deck here is a look at Section 809 Panel...

Report of the Advisory Panel on Streamlining and Codifying Acquisition Regulations-Once 8(a)-Still 8(a)?

By: Christine V. Williams on 01/24/2019

Once 8(a) always 8(a) may not be the case if Panel 809's recommendations are implemented.  The panel seeks to impose hard deadlines on SBA for evaluating whether an 8(a) opportunity should stay in the program or be removed (shut-down concerns anyone?).  If SBA does not or cannot comply, the contract may be removed without a like value being placed back in (read between the lines there).   The...

U.S. Department of Labor-Office of Federal Contract Compliance Programs-Need an Opinion Letter?

By: Christine V. Williams on 01/24/2019

U.S. Department of Labor-Office of Federal Contract Compliance Programs is requesting that anyone who would like an opinion letter on a particular issue request one.  Here is the wording from the post OFCCP sent out. On November 30, 2018, OFCCP published Directive (DIR) 2019–03 outlining steps it intends to take to enhance the agency’s existing Help Desk. One of those steps was to...

CRS Report: Small Business Mentor-Protégé Programs (Updated 1/7/19)

By: Christine V. Williams on 01/24/2019

Summary from Congressional Research Service Mentor-protégé programs typically seek to pair new businesses with more experienced businesses in mutually beneficial relationships. Protégés may receive financial, technical, or management assistance from mentors in obtaining and performing federal contracts or subcontracts, or serving as suppliers under such contracts or subcontracts. Mentors...

CRS Report: Small Business Size Standards: A Historical Analysis of Contemporary Issues (updated 12/28/18)

By: Christine V. Williams on 01/24/2019

Summary Small business size standards are of congressional interest because they have a pivotal role in determining eligibility for Small Business Administration (SBA) assistance as well as federal contracting and, in some instances, tax preferences. Although there is bipartisan agreement that the nation’s small businesses play an important role in the American economy, there are differences...