Georgia Tech Procurement Assistance Center

GAO: SAM registration is a matter of contractor responsibility, not bid responsiveness

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Government contractors must be registered in the System for Award Management (SAM) and complete required representations and certifications annually.  FAR 52.204-7 also requires bidders, with some limited exceptions, to be registered in SAM at the time of bid and to continue to be registered until time of award, during performance, and through final payment.  Recently, the Government Accountability Office (GAO) addressed the issue of whether a bidder’s failure to have an active registration in SAM at time of bid renders the bid “nonresponsive” and ineligible for award in Master Pavement Line Corp., B-419111 (Dec. 16, 2020).

In Master Pavement Line Corp., GAO concluded that the failure to be registered in SAM and to complete the annual representations and certifications was a matter of contractor responsibility and not bid responsiveness and that such a defect did not impact the responsiveness of the bid.  As a result, FAR 14.405 required the procuring agency to give the bidder the opportunity to cure the defect.  While GAO concluded that the failure to be registered in SAM does not render a bid nonresponsive, this does not mean that a bidder should wait to register in SAM.  GAO also indicated that SAM registration and the completion of the representations and certifications was still a matter of contractor “responsibility.”  In addition to examining bid responsiveness, under FAR 9.104-1, the federal government is required to determine if a contractor is responsible prior to award.  Therefore, an agency could still theoretically find a contractor nonresponsible for failing to properly register in SAM and deem the contractor ineligible for award.

Continue reading at:  Peckar & Abramson Blog

Disclosure of trust ownership may be required for family-owned government contractors

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Family-owned businesses are often owned and controlled by family trusts.  Trusts are used by families for estate planning, tax planning and asset protection.  Family-owned government contractors with trust ownership structures should be mindful of ownership disclosures required by the Federal Acquisition Regulation (FAR).  Failure to comply with the required disclosures could result in False Claims Act or false statement allegations, loss of Facility Security Clearances, rejections of bids and proposals, and loss of bid protests.

Continue reading at:  Bradley’s BuildSmart Blog

How DUNS number changes could affect your business

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Businesses of all sizes should know of a significant change in the way government grants and contracts will be handled.  The General Services Administration (“GSA”) announced in an interview with Nextgov.com that they are changing vendors for their federal contractor numbering system – better known as the DUNS (“Data Universal Numbering System”).  The system update won’t likely look different for companies right away, but here’s what you should know moving forward.

What is the DUNS?

The Data Universal Numbering System is a long-held practice for assigning businesses or organizations a unique identifier that can be used when applying for grants or contract opportunities through the government.  The GSA runs contracting programs is the agency responsible for making sure businesses follow correct procedures when looking to be awarded government business – including ensuring their application includes a valid DUNS.

Since 1962, Dun & Bradstreet has managed much of the system, including the DUNS program – an addition to the system brought about by regulation in 1998.  For twenty years, D&B has held the contract for managing validation and records.  That all changed last year when the GSA announced they were opening up the role to competing bids.

Continue reading the article at: Nav Blog

You’d better ‘feed’ SAM regularly — especially before you submit a bid

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Effective October 26, 2018, the Federal Acquisition Regulation (FAR) requires businesses who are pursuing federal contracts to be registered in the System for Award Management (SAM) prior to their submission of a bid, proposal, or quote to a federal agency.

Think of this as the need to “feed” information about your company into the SAM database, including updates to that information, on a regular basis.

There are only a few exceptions to this new policy (exceptions may be found at FAR 4.1102).

In the context of federal contracting, SAM is essentially the federal government’s vendor database.  By registering in SAM, businesses indicate their compliance and agreement with the federal government’s standard “representations and certifications” requirements.  Updating your SAM record must be done at least annually for a vendor to maintain “active” status is SAM.

The new rule clarifies what had been ambiguity as to when vendors must be registered in SAM in order to be eligible to receive contract awards.  (See details in our earlier article on this subject here.)  With the FAR change, it’s now clear that registration must be accomplished before a vendor submits a response to an Invitation for Bid (IFB), a Request for Proposal (RFP), or a Request for a Quotation (RFQ).

If you need help with your company’s SAM registration, feel free to contact a Procurement Counselor with the Georgia Tech Procurement Assistance Center (GTPAC).  All of our contact information is listed by location at: https://gtpac.org/team-directory.

If you are located outside of the state of Georgia, you can find the procurement technical assistance center (PTAC) nearest you at: http://www.aptac-us.org/contracting-assistance.

Remember: There is never a fee to register in SAM as a government contractor. PTACs are available to provide you with no-cost help to get you through the process.

 

Effective Oct. 26, you must be registered in SAM before you submit a federal bid, proposal or quote

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It’s official: If you intend to pursue a federal contract, your business must be registered in the System for Award Management (SAM) before you submit a bid, proposal, or quotation.  The new rule that makes this clear goes into effect on October 26, 2018.

Any wiggle room that may have existed in the past has been eliminated.  SAM registration is now imperative if you are interested in federal contracting.

It used to be that SAM registration was required before a contract could be awarded. The Federal Acquisition Regulation (FAR) at Subpart 4.1102(a) made that clear.  But that requirement was always a bit ambiguous since another provision of the FAR (Subpart 52.204-8(d)) said that bidders and proponents had to complete the representations and certifications in SAM as a condition of making their offer.  As a matter of practical interpretation, most federal contracting officers simply made sure that an offeror’s SAM registration was complete before awarding the offeror a contract.

That latitude goes away on October 26, 2018.  On that date, FAR Subpart 4.1102 is officially amended to require all entities (i.e., vendors, including joint ventures) to be registered in SAM at the time they submit an offer (a bid or proposal) or submit a quotation to a federal agency.  In essence, vendors who are not registered in SAM are ineligible to submit offers or quotes – effective October 26, 2018.

Keep in mind that the SAM registration process can take time to complete.  If you’re planning to compete for a federal contract in the future, you should complete your SAM registration as far in advance as possible.  And, if you are already registered in SAM, remember that your SAM registration must be renewed at least annually – and renewed whenever any part of your registration needs to be updated.

If you need help with your company’s SAM registration, feel free to contact a Procurement Counselor with the Georgia Tech Procurement Assistance Center (GTPAC).  All of our contact information is listed by location at: https://gtpac.org/team-directory.

If you are located outside of the state of Georgia, you can find the procurement technical assistance center (PTAC) nearest you at: http://www.aptac-us.org/contracting-assistance.

Remember: There is never a fee to register in SAM as a government contractor. PTACs are available with no-cost help to get you through the process.

SAM is located at: https://sam.gov.  But before beginning the SAM registration process, you must first take care of the following:

  1. Obtain a DUNS Number by registering your Legal Business Name and Physical Address with Dun & Bradstreet (D&B).  If you don’t already have a DUNS Number, you can request a DUNS Number for FREE from D&B at: http://fedgov.dnb.com/webform
  2. Make sure you have a Taxpayer Identification Number (TIN) associated with the Legal Business Name registered with D&B.  To obtain information from the IRS on how to obtain a TIN, visit: https://www.irs.gov/individuals/international-taxpayers/taxpayer-identification-numbers-tin
  3. Have your bank’s routing number handy, including your bank account number and your bank account type (i.e., checking or savings).  You’ll need this information to set up Electronic Funds Transfer (EFT) in SAM.  The federal government makes virtually all contract payments via EFT.
  4. The first time you log in to SAM.gov, you’ll be asked to create a login.gov user account (if you don’t already have one). Going forward, you will use your login.gov username and password every time you log in to SAM.gov. Existing SAM.gov usernames and passwords no longer work.

New login required for SAM

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To do business with the federal government, you need an account in the System for Award Management (SAM).

Whether you already have a SAM account or need to set one up, you need to know there is a new login procedure.

All users attempting to login to SAM are now automatically re-directed to first create a Login.gov user account.  If you already have a SAM username and password they no longer work, and you will be unable to access your SAM account until you have created a Login.gov account.

Creating a Login.gov Account
In order to create a Login.gov account, you will need each of the following:
  1. The email address and password associated with your SAM account.
  2. Access to the same email account to receive all confirmation emails.
  3. A working telephone number through which you can receive the security code that will be sent to you from Login.gov.
Need help with any step of the SAM registration process?

Never fear!  The Georgia Tech Procurement Assistance Center (GTPAC) will provide you with help at no charge.  Simply contact the GTPAC counselor located nearest you; our staff directory is at: http://gtpac.org/team-directory.  (Businesses located outside the state of Georgia can obtain free help from their nearest procurement technical assistance center.  Consult the national contact list at: http://www.aptac-us.org/find-a-ptac.)

Other recent changes to SAM

Each business must mail an original, signed notarized letter to GSA’s Federal Service Desk within thirty (30) days of their SAM activation or risk having their SAM registration deactivated.

Because of recent fraudulent activity associated with the SAM database, the General Services Administration (GSA) issued a rule in late March 2018 that requires all SAM registrants (“entities”) to provide an original, signed notarized letter identifying your company’s “authorized Entity Administrator.”   The notarized letter must follow a strict format.  GSA’s notarized letter template is available here: SAM_Notary_Letter_Template_4.12.18_GSA_version

In instances where businesses have federal contract awards or contract payments pending, GTPAC — and the other PTACs across the country — can offer special assistance to expedite the processing of their notarized letters.  When contacting your PTAC counselor, be sure to let us know if you are facing either of those two circumstances.

Don’t get stuck with an expired SAM registration — be alert to changes in the renewal process

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If your business is registered in the federal government’s System for Award Management (SAM), you must renew your registration annually.

Be alert: Change is coming!

Whether you are familiar with the SAM renewal process or a newcomer to the process, things are about to change on June 29th.

Beginning June 29, 2018, two changes take place:

  • A new login process for SAM takes effect.  As a result of the new process, all users attempting to log in to SAM will be automatically be re-directed to create a Login.gov user account.  Your current SAM username and password will no longer work beginning on June 29th, and you will be unable to access your SAM account until you have created a Login.gov account.  (See “Creating a Login.gov Account” below.)
  • You’ll have more time to submit a notarized letter.  Businesses who create or update their registration in SAM also will no longer need to have an approved Entity Administrator notarized letter on file before their registration is activated or renewed.  Once your SAM account is activated, you’ll have 30 days to submit the notarized letter.  (See “Creating a Notarized Letter” below.)
Creating a Login.gov Account
In order to create a Login.gov account, you will need each of the following:
  1. The email address and password associated with your SAM account.
  2. Access to the same email account to receive all confirmation emails.
  3. A working telephone number through which you can receive the security code that will be sent to you from Login.gov.

Remember, once June 29, 2018 arrives, your SAM username and password will be deactivated, and you will no longer be able to access your SAM account with those credentials.

Creating a Notarized Letter

Each business must mail an original, signed notarized letter to GSA’s Federal Service Desk within thirty (30) days of their SAM activation or risk having their SAM registration deactivated.

Because of recent fraudulent activity associated with the SAM database, the General Services Administration (GSA) issued a rule in late March 2018 that requires all SAM registrants (“entities”) to provide an original, signed notarized letter identifying your company’s “authorized Entity Administrator.”   The notarized letter must follow a strict format.  GSA’s notarized letter template is available here: SAM_Notary_Letter_Template_4.12.18_GSA_version

Need help with any step of the SAM registration or renewal process?

Never fear!  The Georgia Tech Procurement Assistance Center (GTPAC) will provide you with help at no charge.  Simply contact the GTPAC counselor located nearest you; our staff directory is at: http://gtpac.org/team-directory.  (Businesses located outside the state of Georgia can obtain free help from their nearest procurement technical assistance center.  Consult the national contact list at: http://www.aptac-us.org/find-a-ptac.)

In instances where businesses have federal contract awards or contract payments pending, GTPAC — and the other PTACs across the country — can offer special assistance to expedite the processing of their notarized letters.  When contacting your PTAC counselor, be sure to let us know if you are facing either of those two circumstances.

Free help available to aid businesses with new SAM registration and renewal requirements

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If your business needs assistance in either establishing or renewing your registration in the federal government’s vendor database known as the System for Award Management (SAM), you can get free help.

Whether you are seeking SAM registration for the first time or you need to accomplish your annual renewal in SAM, the Georgia Tech Procurement Assistance Center (GTPAC) will provide you with help at no charge.  (Businesses located outside the state of Georgia can obtain free help from their nearest procurement technical assistance center.  Consult the contact list at: http://www.aptac-us.org/find-a-ptac.)

New SAM Registration Requirements

There are new registration and renewal procedures that are now in place.  Because of recent fraudulent activity associated with the SAM database, the General Services Administration (GSA) issued a rule in late March 2018 that requires all registrants (“entities”) to provide an original, signed notarized letter identifying your company’s “authorized Entity Administrator.”   The notarized letter must be submitted and approved before your registration will be activated.

The notarized letter template is available here: SAM_Notary_Letter_Template_4.12.18_GSA_version

An update to the notarized letter rule was issued by GSA on June 11, 2018.  The update is in two parts:

  1. Effective June 11, 2018, entities who create or update their registration in SAM to apply only for federal assistance opportunities such as grants, loans, and other financial assistance programs  no longer need to have an approved Entity Administrator notarized letter on file before their registration is activated.  (Note that this does not include entities competing for federal contracts.)
  2. Effective June 29, 2018, all non-Federal entities who create or update their registration in SAM also will no longer need to have an approved Entity Administrator notarized letter on file before their registration is activated.  This rule includes businesses that are competing for, or that currently have, federal contracts.

It is important to note that all entities must mail the original, signed notarized letter to GSA’s Federal Service Desk within thirty (30) days of activation or risk having their SAM registration deactivated. 

New SAM Log-In Requirements Take Effect June 29, 2018
GSA is also implementing a new login process for SAM which takes effect on June 29, 2018.  As a result of the new process, all users attempting to log in to SAM on or after June 29, 2018 will be automatically directed to create a Login.gov user account.  Your current SAM username and password will no longer work beginning on June 29th, and you will be unable to access your SAM account until you have created a Login.gov account.
In order to create a Login.gov account, you will need each of the following:
  1. The email address and password associated with your SAM account.
  2. Access to the same email account to receive all confirmation emails.
  3. A working telephone number through which you can receive the security code that will be sent to you from Login.gov.

Remember, once June 29, 2018 arrives, your SAM username and password will be deactivated, and you will no longer be able to access your SAM account with those credentials.

Free Help Is Available!

As mentioned in the second paragraph of this article, GTPAC (or, if you’re located outside Georgia, your local PTAC) will help you with all aspects of the SAM registration and renewal processes.  Simply contact the GTPAC counselor located nearest you; our staff directory is at: http://gtpac.org/team-directory.

In instances where businesses have federal contract awards or contract payments pending, GTPAC and the other PTACs across the country can offer special assistance to expedite the processing of their notarized letters.  When contacting your PTAC counselor, be sure to let us know if you are facing either of those two circumstances.

Further Details

For more help with the SAM registration process, including how to protect your company’s interests, please read:

 

 

70,000 contractors must get notarized letters in next 60 days to continue working for government

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Up to 70,000 federal contractors are heading to their local notary to get that special stamp on a letter that’s destined for the General Services Administration to authenticate the vital details of their business, including who is the authorized “entity administrator associated with the DUNS number.”

These are the first details of the impact on vendors emerging from the latest case of fraud to affect GSA’s System for Award Management (SAM).

A GSA spokeswoman confirmed the agency already received 7,500 notarized letters.

“GSA is making internal business process improvements based on our analysis of the first set of letters received,” the spokeswoman said in an email to Federal News Radio. “We are continuously updating the instructions on SAM.gov to make it easier for entities to be in compliance. Additionally, we have posted templates on SAM.gov for entities to use when submitting their notarized letters.”

Keep reading this article at: https://federalnewsradio.com/reporters-notebook/2018/04/70000-contractors-must-get-notarized-letters-in-next-60-days-to-continue-working-for-government/

See GTPAC’s advice for surviving the compromise of the government’s vendor data base here: http://gtpac.org/2018/03/26/tips-for-surviving-compromise-of-governments-vendor-database/

SAM.gov renewals and updates will require notarized letter, effective April 27th

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Effective April 27, 2018, all vendors who are renewing or updating their records in SAM.gov will need to comply with a new notarized letter requirement.

The General Services Administration (GSA) previously announced that because of suspicious fraudulent behavior involving vendor registrations in the SAM.gov database, it would begin requiring submittal of a notarized letter from new registrants.

With the latest announcement by GSA, the notarized letter requirement applies to all entities who are registered in the System for Award Management (SAM).  SAM is the federal government’s vendor database.  It also contains links to several other contract-related functions.

Here is the exact language of GSA’s announcement, dated April 4th: “Beginning on April 27, 2018, entities renewing or updating their registration will be required to submit an original, signed notarized letter confirming the authorized Entity Administrator associated with the DUNS number before the registration is activated.”

To assist vendors in this process, the Georgia Tech Procurement Assistance Center (GTPAC) has prepared a template.  The template is available here: SAM_Notary_Letter_Template_v1_GTPAC_03.23.2018

Update: GSA has prepared a template for preparation of the notarized letter.  The template is available here: SAM_Notary_Letter_Template_4.12.18_GSA_version

Georgia businesses who need assistance with this process should contact a GTPAC counselor for no-cost assistance.  A directory of our counselors appears at: http://gtpac.org/team-directory.

Businesses located outside the state of Georgia may obtain free help by contacting a Procurement Technical Assistance Center (PTAC) in their state.  A directory of PTACs is at: http://www.aptac-us.org/find-a-ptac.

 

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