Georgia Tech Procurement Assistance Center

  • Home
  • About Us
  • Training
    • Class Registration
    • On-demand Training
    • GTPAC COVID-19 Resource Page
    • Cybersecurity
    • Veterans Verification Video
    • GTPAC Community
    • Other Training Audio & Video
  • Useful Links
  • Team Directory
    • Albany Counselor
    • Atlanta Counselors
    • Augusta Counselor
    • Carrollton Counselor
    • Columbus Counselor
    • Gainesville Counselor
    • Savannah Counselor
    • Warner Robins Counselor
  • Directions
    • Atlanta – Training Facility
    • Atlanta – Office
    • Albany
    • Augusta
    • Carrollton
    • Columbus
    • Gainesville
    • Savannah
    • Warner Robins
  • COVID-19
  • New Client Application
  • Contact Us

Follow-on contract to competitive 8(a) award can be sole sourced

April 30, 2015 By ei2admin

An 8(a) contract was properly awarded on a sole source basis to a tribally-owned entity, even though the contract was a follow-on to a competitive 8(a) set-aside award.

In a recent decision, the GAO deferred to the SBA’s interpretation of the 8(a) program regulations–which, according to the SBA, allow such sole source awards.

GAO-GovernmentAccountabilityOffice-SealThe GAO’s decision in Agency Management Concepts, Inc., B-411206, B-411206.2 (April 21, 2015) involved a Department of State procurement for lock and lock services.  Beginning in 2003, DOS generally procured the requirement through the 8(a) program.  The most recent contract for the services (before the award at issue in this protest) was procured as a competitive 8(a) set-aside.

Advanced Management Concepts, Inc. was an active 8(a) program participant.  After learning that the incumbent contractor had graduated from the 8(a) program, AMC contacted DOS to express its interest in the requirement.  AMC was informed that DOS intended to make a sole source award to a tribally-owned concern, and that the SBA had accepted and approved the sole source offering letter.

AMC then file a GAO bid protest.  AMC alleged that DOS was required to compete the requirement among 8(a) program participants, rather than award it on a sole source basis.  AMC cited several sections of 13 C.F.R. § 124.506, an 8(a) program regulation, in support of its protest.  AMC contended that these regulatory sections prohibit the SBA from accepting a requirement on a sole source basis when that requirement has previously been competed among 8(a) program participants.

Keep reading this article at: http://smallgovcon.com/gaobidprotests/8a-program-follow-on-to-competitive-award-can-be-sole-sourced/

Filed Under: Contracting Tips Tagged With: 8(a), GAO, protest, SBA, set-aside, State Dept., tribally-owned

Recent Posts

  • Georgia Tech creates new Office of Corporate Engagement
  • Federal contractor indicted for stealing over $1.2 million from the U.S. Postal Service
  • SBA hosting “Contract Bonds and Surety Bond Guarantee” webinar April 20th
  • GSA hosting “Getting on the GSA Schedule” webinar April 13th
  • NIH hosting 2021 small business program conference April 26-30th

Popular Topics

8(a) abuse Army bid protest budget budget cuts certification construction contract awards contracting opportunities cybersecurity DoD DOJ False Claims Act FAR federal contracting federal contracts fraud GAO Georgia Tech government contracting government contract training government trends GSA GSA Schedule GTPAC HUBZone innovation IT Justice Dept. marketing NDAA OMB SBA SDVOSB set-aside small business small business goals spending subcontracting technology VA veteran owned business VOSB wosb

Contracting News

Federal contractor indicted for stealing over $1.2 million from the U.S. Postal Service

CMMC announces new advisory council to collect industry feedback

EEOC announces April 26 opening date for the collection of 2019 and 2020 EEO-1 component 1 data

Contractors line up to rebuild MARTA’s Five Points Station

GDOT announces $828.8 million in projects to transform Ga. 316

Read More

Contracting Tips

A whole new marketplace: GSA’s “commercial platforms” initiative

CRS Reports: Mentor-Protégé programs and small business size standards

CRS Report: Small businesses and COVID-19, relief and assistance resources

How do I find out what the government is buying?

Past performance isn’t always a required evaluation factor, says GAO

Read More

GTPAC News

SBA hosting “Contract Bonds and Surety Bond Guarantee” webinar April 20th

GSA hosting “Getting on the GSA Schedule” webinar April 13th

NIH hosting 2021 small business program conference April 26-30th

Defense Counterintelligence and Security Agency hosting industry day and matchmaking May 6th and 20th

Missile Defense Agency hosting virtual conference May 11-13th

Read More

Georgia Tech News

Georgia Tech creates new Office of Corporate Engagement

Delta Jacket wins 2021 Georgia Tech InVenture prize

Future of 5G is under the microscope at Georgia incubator

Collective worm and robot “blobs” protect individuals, swarm together

The Partnership for Inclusive Innovation is now accepting applications for pilot programs

Read More

  • SAM.gov registration is free, and help with SAM is free, too
APTAC RSS Twitter GTPAC - 30th Year of Service

Copyright © 2021 · Georgia Tech - Enterprise Innovation Institute