Tag Archives: GSA

Wrong Place: GAO Weighs in on 8(a) Program GSA Schedule Eligibility under MAS 8(a) Pool and Finds that SBA Eligibility Finding had to be Challenged at SBA

Posted on by

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.

Continue reading →

Executive Order: Consolidation of Procurement

Posted on by

The Trump administration has issued an executive order entitled Eliminating Waste and Saving Taxpayer Dollars by Consolidating Procurement. This order, or Consolidation EO, has some guidelines for how procurement will be reorganized under the Trump administration, so it’s useful to go through some of the key language. One item in particular is a keen focus on category management by using GSA for various types of procurement. While it’s been a driving force of procurement reform over the years, this order puts category management into even sharper focus.

Continue reading →

SmallGovCon Week in Review: November 18-22, 2024

Posted on by

Happy Friday, SmallGovCon readers and have a great Thanksgiving next week! We won’t be posting our weekly roundup next week due to the holiday, but we’ll catch up on any missed news the following week.

In the meantime, enjoy this week’s federal contracting news. Also be sure to enjoy the family, friends, and food at your Thanksgiving table and maybe catch a football game. We will be back, with another edition of the week in review, in December. Some of the key stories this week including an update on small business past performance evaluation for affiliates, and updates on GAO bid protest stats.

Continue reading →

Agency Discretion Recertified: GAO Affirms Agency Discretion to Request Size Recertification for Task Orders

Posted on by

When it comes to meeting the size standards, the normal rule for a set-aside contract is simple: If you’re small at the time you submitted your initial offer for the contract, you’re small for the life of the contract. So says 13 C.F.R. § 121.404–although this could be changing in the future based on a proposed SBA rule. Furthermore, this is the general rule with set-aside IDIQs as well: If you’re small at the time of initial offer for the IDIQ, you’re small for all orders under that IDIQ. (Not so with set-aside task orders under otherwise unrestricted IDIQs, there it very much is time of offer for the task order rather than the IDIQ for the date to determine size). However, there are a couple of exceptions. The biggest one is where the contracting officer explicitly requests size recertification for the given task order. In that case, an offeror must show it is still a small business as of when it submits its offer for that task order. One contractor recently protested when the contracting officer did just that. Here, we’ll explore that GAO decision.

Continue reading →

SmallGovCon Week in Review: August 19-23, 2024

Posted on by

Hello and happy Friday! Here, in Lawrence, Kansas, the kids have started school and the college students are busy moving in and preparing to start classes. It always feels like such a big shift in the energy with all the excitement and the many back to school events taking place.

This week in federal government contracting, the recent headlines highlight a wide array of developments within federal operations, emphasizing both accountability and innovation. You can read more about this week’s news in the articles below. Enjoy your weekend!

Continue reading →

SmallGovCon Week in Review: August 12-16, 2024

Posted on by

Happy Friday, blog readers, and welcome to the week in review. Recent legislative and agency initiatives are shaping the landscape for federal contracting, cybersecurity, and support for veterans and small businesses, this week. A bipartisan Senate bill seeks to mandate cybersecurity vulnerability disclosures by contractors, enhancing national security. In parallel, the Pentagon’s release of key Cybersecurity Maturity Model Certification (CMMC) contracting rules aims to fortify the defense supply chain against cyber threats.

On the small business front, the Small Business Administration (SBA) and the Department of Veterans Affairs (VA) are collaborating to promote veteran entrepreneurship, while various committees and task forces are actively addressing regulatory fairness and development support for veteran-owned businesses. These efforts, coupled with the General Services Administration’s (GSA) celebration of the Inflation Reduction Act’s two-year anniversary, underscore the federal government’s commitment to fostering a robust, secure, and inclusive economic environment. You can read more about those topics in the articles below. Have a great weekend!

Continue reading →

SmallGovCon Week in Review: August 5-9, 2024

Posted on by

Happy Friday, All. Please enjoy our latest week in review in order to stay on top of federal contracting news. Some interesting stories include Senate efforts to enhance oversight of Other Transaction Authority (OTA) agreements and address delays in Major Acquisition Programs (MTA). Meanwhile, the GSA is pushing forward with updated standards to accelerate federal buildings toward zero emissions, reflecting a broader shift towards sustainability. In cybersecurity, CISA’s CDM program is set to tackle emerging threats in the cloud, while the Department of State is piloting AI adoption to improve operations. You can read more about these topics in the articles below. Have a great weekend!

Continue reading →