The GSA instituted a program that would allow 8(a) Program participants to enter into an 8(a) pool for GSA schedules (AKA, GSA Multiple Award Schedule) called the MAS 8(a) Pool. This program would allow 8(a) GSA schedule holders to maintain their 8(a) eligibility for a limited time even after they had graduated from the 8(a) Program. GSA described it this way in 2023:

“MAS 8(a) pool contractors will be eligible for sole source awards for as long as they remain active in the 8(a) Program, and continue to qualify as small for the size standard corresponding to the NAICS code assigned to the sole source order, at the time of award. 8(a) pool contractors will continue to remain eligible for competitive set aside awards for up to five (5) years from the date of award, or until rerepresentation in accordance with FAR 19.301-2(b) (whichever is first), even after the contractor has exited the 8(a) Program.”

In this case, the agency requested a check on 8(a) eligibility, despite the existence of the MAS 8(a) Pool, and GAO was asked to decide if an agency had the discretion to check 8(a) eligibility, even if regulations did not require it.

As another point, The Government Accountability Office (GAO) and the U.S. Small Business Administration (SBA) both provide oversight for federal procurements but over different areas. Generally, GAO reviews protests of agency compliance with federal procurement regulations and statutes and solicitation criteria, and SBA hears protests regarding the size and status of federal contractors for set-aside procurements. This can create, however, some confusion where their activities overlap. This is something that we have, over the years, addressed in other blog posts. Today, we look at a GAO protest where GAO and SBA crossed paths again and this MAS 8(a) Pool issue arose.