We wanted to wish our readers a very happy holiday season! Whether you’re celebrating at home or traveling to see loved ones, we hope the season is merry and bright, safe and warm. We are grateful that we were able to help so many people with our insights, updates, and commentary on the changing federal contracting landscape. We are thankful for all the feedback and insights from our readers as well. Thanks for a wonderful year!
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.
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Happy Friday, readers! We know this time of year gets hectic, with all the preparations and lists to check. One thing you don’t have to check is the updates on federal government contracting for the past week. We’ve done that in our Week in Review! Enjoy the latest updates while you do some last-minute shopping and decorating.
This week in federal government contracting saw important updates on use of AI, predictions for 2026, and a deadline to submit feedback on the Revolutionary FAR Overhaul.
Continue reading…If you got an aggressive email from the SBA earlier this month requesting an awful lot of documentation and information in relation to your 8(a) Program participation—you are far from alone. SBA actually sent this December 5th email to about 4300 current and past 8(a) Program participants. And if you too found yourself reading and rereading SBA’s specific requests trying to determine exactly what the SBA is looking for—but to no avail—you are again far from alone. Now, we at SmallGovCon don’t have all the answers or any insider knowledge. But we offer you these five tips for surviving the 8(a) audit—based on our vast experience with the fundamentals of legal language interpretation and our expertise with the 8(a) Program regulations and standard operating procedures.
Continue reading…In just a few days the ball will drop on 2025 and we will officially usher in the new year. It’s always a good time for reflecting on the past year and what lies ahead for the new year. And that same sort of review is important when thinking about federal contract bid protests. With that in mind, we are going to take a look at the GAO’s Bid Protest Annual Report. This report is GAO’s summary of bid protests for the previous fiscal year. It contains some important insights for how GAO bid protest numbers have changed from prior years. But as our readers know, many bid protests are filed at the Court of Federal Claims, so this is only one part of the overall bid protest picture.
Here are some key points from this year:
Below, we dive into the GAO numbers while comparing to the data we have on COFC protests.
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It’s time for another edition of the SmallGovCon week in review. We hope that all of our readers had a productive week. For many (myself included), this week is the time for holiday concerts and performances, including the fabled Nutcracker performance. The Lawrence Arts Center does a Kansas-themed performance that is well-loved by all who watch. There is a grand holiday party and then a dream sequence that takes up the latter part of the ballet. I imagine some 8(a) contractors are wishing the current actions taken against them were also part of a dream sequence. Alas, they are not and those businesses should do their best to respond to all 8(a) inquiries as much as they can.
This week saw some big updates on the 8(a) front, with both SBA and Congress putting pressure on 8(a) contractors, as well as additional calls for centralization and shared services.
Continue reading…Federal contractors are generally familiar with the many FAR provisions listed in a solicitation or contract. So, it can be tempting to simply gloss over these pages of the solicitation, absentmindedly checking off the right box or signing off on the required representations without familiarizing yourself with each provision–or the consequences that come if each is violated. But naturally, we don’t recommend a cursory review. And one important FAR provision contractors should definitely familiarize themselves with is the Covenant Against Contingent Fees (FAR 52.203-5)–as the consequences of violating that one can be rather grave.
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