Legal Updates

HUBZone Comment Period Extended-New Date-February 14, 2019

By: Christine V. Williams on 01/02/2019

As Outlook Law, LLC, previously reported, the comment period for the proposed HUBZone regulations was due to be extended December 31, 2018-the original due date of the comment period.  It was in fact extended on December 31, 2018, with the new comments due on February 14, 2019.  The original HUBZone proposed regulations may be found on the legal updates page.  The notice of extension may be...

HUBZone Regulations Comment Period To Be Extended

By: Christine V. Williams on 12/28/2018

An advanced notice in the Federal Register announced that the comment period for the overhaul of the HUBZone regulations will be announced on New Years Eve.  The proposed HUBZone regulation are also contained on this page for ease of usage.  A link to the Federal Register with the advance notice is contained in this post.  Please note the new deadlines is February 14, 2018.  Notice of...

Federal Acquisition Regulation Catches Up to SBA’s Statutory Rule on Limitations on Subcontracting

By: Christine V. Williams on 12/05/2018

The Federal Register published the new proposed rule to match the statute regarding mandatory performance of work set forth in a 2013 statute and which tracks the SBA's 2016 mandatory performance regulation.  Here is an excerpt from the Federal Register, with a link to the full cite at the bottom of the page.  Please note, that even though this except does not contain it, there are changes to...

OFCCP – Department of Labor-Releases New Compliance Directives

By: Christine V. Williams on 11/30/2018

Today, the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFFCP), released three new directives in an effort to establish and maintain more certainty for contractors regarding investigations and compliance.  A link to the substantive directives, and all directives is found below. OFFCP, according to its mission statement, is in place to protect workers, promote...

GSA Announces Further Consolidation with Category Management-Flag on the Field

By: Christine V. Williams on 11/29/2018

The U.S. General Services Administration (GSA) today announced it will modernize federal acquisition by consolidating the agency’s 24 Multiple Award Schedules (MAS) into one single schedule for products and services. (That link is at the bottom of the page). According to the GSA, the MAS transformation is part of GSA’s Federal Marketplace strategy to make the government buying and selling...

Department of Defense Updates Regulation for 8(a) Direct Awards

By: Christine V. Williams on 11/09/2018

The Department of Defense (DoD) updated its regulations to reflect current practice in regards to SBA's Section 8(a) Direct Awards.  The new regulation applies to acquisitions below the simplified acquisition threshold, acquisitions of commercial items, including commercially available items.  The regulation deletes the obsolete requirement for an 8(a) contractor obtain written approval from...

Proposed HUBZone Regulations Issued

By: Christine V. Williams on 10/31/2018

SUMMARY: The U.S. Small Business Administration (SBA or Agency) proposes to amend its regulations for the Historically Underutilized Business Zone (HUBZone) Program to reduce the regulatory burdens imposed on HUBZone small business concerns and government agencies, implement new statutory provisions, and eliminate ambiguities in the regulations. SBA has reviewed all of its HUBZone regulations and...

Department of Justice’s Evaluation of Corporate Compliance Programs

By: Christine V. Williams on 10/24/2018

This update covers new policies and procedures announced by the U.S. Department of Justice (DOJ) as well as the DOJ's Sample of Evaluation of Corporate Compliance Programs.  The sample compliance evaluation is very well done and easy to use.  It is linked at the bottom of this post. As companies strive to meet compliance standards, the DOJ provides guidance in the form of a new memorandum as...

Outlook Law and SBA-Navigating Size Protests-Slides Now Available

By: Christine V. Williams on 09/25/2018

On September 20, 2018, Laura Foster, Of Counsel, with Outlook Law, and Meagan Guerzon , an Attorney Advisor with SBA out of Headquarters, gave a presentation on size protests with the SBA from Area Office to Appeals.  Several people have asked for the slides.  They are here: Navigating Size Protests and Appeals FINAL

The False Claim Act and the Ninth Circuit Court of Appeals Recent Decision

By: Christine V. Williams on 08/31/2018

In a very recent decision on the False Claims Act (FCA), U.S. ex rel. Rose v. Stephens Institute (Aug. 2018), the 9th Circuit Court of Appeals weighed in on critical aspects of the FCA; namely, the application of the implied false certification and the materiality standard.  In so doing, the 9th Circuit interpreted the U.S. Supreme Court's opinion on U.S. v. Escobar, 136 S. Ct. 1989 (2016), as...