SAM Certification Problem Proves Costly For Small Business Offeror

A company’s failure to certify itself as a small business on its SAM profile resulted in the elimination of the company from a set-aside competition.

In a recent bid protest decision, the GAO held that a procuring agency properly excluded the low bidder from award of a small business set-aside contract because the low bidder’s SAM profile stated that it was not a small business under the solicitation’s NAICS code.

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A GAO Reminder: Know Your Protest Filing Deadline

One of the first questions a contractor must ask itself before filing a bid protest with the GAO is whether its protest would be timely filed. But as a recent GAO decision highlighted, the answer to that question might not be so clear.

Contrary to a common misconception, a protest is not always timely if filed within 10 days of a debriefing. As one prospective protester learned, if the debriefing is not “required” under applicable law, a GAO protest filed within 10 days of a debriefing might be untimely.

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Reminder: Large Primes Must Assign NAICS Codes To Subcontracts

The FAR Council recently proposed amendments to Part 19 regarding large prime contractors’ subcontracting plans.  The amendments require, among other things, that a large prime include in its subcontracting plan the “NAICS code and corresponding size standard of each subcontract” that it will award to a small business.

The proposed FAR amendment assumes that large prime contractors are assigning NAICS codes to their subcontracts, and with good reason–the SBA’s regulations require it.  In my experience, however, many large primes are not doing so.

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GAO: No Review Of Unsolicited Proposal Protest

The GAO generally will not review an agency’s decision not to accept a company’s unsolicited proposal to the federal government.

As demonstrated in a recent bid protest decision, because one of the GAO’s functions is to promote full and open competition, the GAO ordinarily will not consider a protest contending that an agency should have made a sole source award based on an unsolicited proposal.

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SDVOSB Indictment: Full-Time Postal Carrier Was SDVOSB “Rent-A-Vet”

The government has accused a service-disabled veteran who was employed full-time as a U.S. Postal Service Carrier is accused of being a “rent-a-vet” used to obtain contracts for his brother’s company.

According to a Department of Justice press release, a grand jury has indicted both men, as well as a business partner for SDVOSB fraud–and all three face the potential of significant jail time.

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