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ARTICLE · 17 JANUARY 2025

Bid Protest Minute: GAO Decision Clarifies SAM Registration Rule

On January 8, the Government Accountability Office (GAO) sustained a pre-award bid protest filed by Bass, Berry & Sims PLC (Bass Berry)...

United StatesGovernment, Public Sector

On January 8, the Government Accountability Office (GAO) sustained a pre-award bid protest filed by Bass, Berry & Sims PLC (Bass Berry), which challenged the Federal Law Enforcement Training Centers' (FLETC or the Agency) determination to exclude the protester, UNICA-BPA JV, LLC (UNICA), from a competition when UNICA had an active SAM registration at the time of final proposal revision (FPR), but not at the time of its initial proposal submission. The decision clarifies that FAR 52.204-7, System for Award Management applies to the proposal that would bind the offeror to perform the resultant contract.

The Solicitation

On November 29, 2023, FLETC issued a solicitation for an 8(a) set-aside contract, seeking dormitory management support services at its campus in Glynco, Georgia. UNICA, an 8(a) joint venture, submitted its initial proposal by the January 2, 2024 deadline. After reviewing initial proposals, the FLETC notified UNICA that it had been excluded from the

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