Who's Fooling Who? General Accountability Office Recommends SBA to Monitor 8(a) Program Closer to Prevent Fraud.

In March, the United States General Accountability Office ("GAO") issued its finding and recommendations concerning fraud in the 8(a) Program. 8(a) Program Report. During its investigation, GAO discovered that at least 14 ineligible firms had received $325 million in sole-source and set-aside contracts. The GAO investigation discovered evidence of an entity fraudulently reporting adjusted net worth; an entity that was merely an extension of a graduated 8(a) firm; a top executive who was not disadvantage controlling the management and operation of the certified firm; an entity that was merely a shell company for a large construction firm managed by a non-disadvantaged individual; failure on the part of the president of an entity to report ownership in significant assets to the SBA; an entity that continued to receive 8(a) contract after it graduated from the 8(a) program by using other certified firms as pass-throughs; and a president who falsely reported his annual salary to the SBA.

The GAO report contains extensive details on the 14 entitles that were investigated and recommendations to the SBA for addressing the seemingly pervasive fraud in the SBA 8(a) Program. The report makes for interesting reading. More importantly, however, it should serve as a warning to individuals and entities "gaming" the SBA’s 8(a) Program that greater scrutiny of applicants and certified firms can be expected.

General Accountability Office Protests - 2008 Records Show High Activity in Federal Procurement Protests

The General Accountability Office ("GAO") considers protest against the solicitation and award of Federal contracts. Generally, under its "bid protest" function, it handles protests which contest the competitive nature of the terms of a solicitation and its compliance with procurement law and regulation and it handles protests against the propriety of the award of contracts.

Many contractors choose the GAO, as opposed to the Court of Federal Claims, because the laws and regulations permitting the right to protest Federal procurements to the GAO require the stay against a protested procurement action, provided the protest is timely filed. No other forum allows for this "automatic stay". Also, it is one of the least expensive and quickest fora for obtaining a decision. Decisions are generally issued within 120 days from the date of protest.

2008 was one of GAO’s busiest protest years. Over 1600 cases were filed, and the GAO closed over 1500 of them. Although the number of actions filed at the GAO was up 17% from the previous fiscal year, the percentage of sustained actions (actions in favor of the protester) fell from 29% to 21%.

The GAO was originally called the General Accounting Office. Although "Accounting" was changed to "Accountability" in 2004, it’s purpose remains the same: "investigate, at the seat of government or elsewhere, all matters relating to the receipt, disbursement, and application of public funds, and shall make to the President...and to Congress...reports (and) recommendations looking to greater economy or efficiency in public expenditures". It is an investigative arm of Congress.