Legal Updates

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...

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)...

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 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...

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 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...

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...

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...

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...

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...