Jackson Kelly PLLC

Government Contracts Monitor

Short Take: Get It Done, and Done Right, in SAM

June 22, 2015

By: Lindsay Simmons

Nationwide Value Computer, Inc. protested an agency’s determination that it was not an eligible small business concern.  The General Accountability Office (GAO) made short work of the protest.  Why?  The record showed, and Nationwide could not contest, that Nationwide represented it was not a small business in its SAM (System for Award Management) profile.

Nationwide argued that it was listed as a small business in Dun and Bradstreet, and that Nationwide identified itself as a small business on the cover of its bid. But we all know, or should know, that doesn’t fly.  As GAO correctly pointed out – the solicitation (like most solicitations) specifically required firms to complete the small business representations and certifications in SAM or to submit the required reps and certs with the bid.

Nationwide went so far as to state in its bid that it had completed the reps and certs in SAM, but it had not. At the time the agency checked SAM, Nationwide had affirmatively represented that it was not a small business.  Accordingly, GAO upheld the agency’s elimination of Nationwide from the competition on the basis that it was not a small business concern. (Nationwide Value Computer, Inc., B-411190, decided Jun. 11, 2015.)

Get on-line and make certain you are registered, and properly, in SAM.  And, routinely re-examine and update your SAM profile.

Lindsay Simmons is responsible for the contents of this Short Take.
© Jackson Kelly PLLC 2015

 

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