Legal Updates

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...

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...

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...

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...

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...

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...

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

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...

    Outlook Law's Christine V. Williams Named to 2019 Best Lawyers® List  United States, August 15, 2018 -- Outlook Law, LLC, is pleased to announce that Christine V. Williams has been included in the 2019 Edition of The Best Lawyers in America. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal...

When a merger or acquisition deal is occurring and the firms have contracts awarded on SBA eligibility, including size, the present effect rule must be considered.  That rule, if not careful, may have the unintended consequences of rendering firms other than small, or otherwise ineligible, before the ink is even on the paper to close the deal.  That is, SBA has a rule that states, in pertinent...