Monthly Archives: July 2024

DO YOU KNOW YOUR SAM FROM YOUR UEI FROM YOUR FSD?

It can be confusing to navigate the sea of acronyms required to even get started in government business.  Experienced contractors, too, have recently been caught up in the changes GSA has made as it carried out the Congressionally-mandated transition to Unique Entity ID’s (UEI’s) and away from DUN’s numbers.  In addition, several contractors have found out the hard way that a lapsed SAM.gov registration means that they can’t be awarded a contract for which they otherwise qualify.  With help from GSA, here is a handy guide to deciphering the acronym maze and how to find help if you get caught in the matrix.

  • govis the system that users go to conduct business with the federal government
  • gov (the Federal Service Desk)is the helpdesk for SAM.gov and the other IAE systems.  Although these systems are related, they are NOT the same and companies should NOT try to execute SAM requirements on FDS.
  • Obtaining a UEI is not the same as full SAM registration. A full entity registration allows your organization the opportunity to receive a contract or assistance directly from the federal government, not from another contractor or awardee.
  • What if my organization’s SAM.gov registration lapsed and no current employee is familiar with it? The knowledge article “How can I become the administrator for my non-federal entity registration?” outlines the necessary steps to ensure that an individual is able to access their entity record.
  • Where can companies go to find more information? gov is the repository for all SAM information and is accessible from the footer of all SAM.gov pages. Additionally, GSA maintains a blog to which users can subscribe in order to stay abreast of all upcoming training events and system changes.

This guidance should help contractors avoid pitfalls and registration delays.  Think of this as a GPS for government contracting.

WHY CONTRACTORS SHOULD ASSUME NOTHING THIS 4Th QUARTER

Welcome to the official start of federal busy season!  While this year’s final quarter should be packed with business opportunities, especially given the lateness of Congressional appropriations, contractors should take nothing for granted as they pursue business.  Don’t assume that your customer knows how to buy from you.  Substantial anecdotal evidence suggests that buyers have 1-2 preferred ways of doing business and if your solution doesn’t fit with those, they may need some help in executing an acquisition.  Contractors should also never assume that the project they’re working on is as important to the government customer as it is to them.  While priorities may match for large or high-profile acquisitions, companies Read more

SUPREME COURT LIMITS ADMINISTRATIVE REACH, WHAT IT MEANS TO CONTRACTORS

The Supreme Court issued two rulings last week, both of which will have a likely impact on government procurement rules.  In the first case, SEC v. Jarkesy, the Court ruled that a defendant subject to fines by federal agencies has a right to a jury trial, per the 7th amendment to the Constitution.  This has substantial implications for contractors subject to fines by the Department of Labor, OSHA, EPA, or other agencies.  Although the subject matter of the case was specifically about the Securities and Exchange Commission, many, including the three justices who voted in the minority, believe that the Court’s ruling could make it more difficult for the administrative state to perform its duties.  “The constitutionality of hundreds of statutes may now be in peril, and dozens of agencies could be stripped of their power to enforce laws enacted by Congress,” wrote justice Sonya Sotomayor.  as part of her dissent.  Read more

HARD TRUTHS TO REMEMBER ABOUT GOVERNMENT CONTRACTING

“Partnership” and “dialogue” are just two words industry and government like to use to describe how contractors support government missions.  To be sure, government agencies rely on contractors for critical functions.  No company should ever be deceived, though, that theirs is an equal partnership.  Here are some examples of this reality that every contractor needs to keep in mind:

  1. No one is entitled to a government contract. Companies are entitled to compete for contracts, but no company is entitled to perpetual status as a government contractor.  The government has the last word on whether they believe you qualify.  If the government decides “no”, they may not even have to tell you why they arrived at that decision.
  2. The government decides if your prices or costs are fair and reasonable. Companies provide the data, and whoa be it to any company that does not execute this correctly, but the government ultimately decides whether those prices or costs are reasonable.  If not, your company may not get a contract (see #1).
  3. Your contract can be terminated for convenience. Even if you make it to contract award, the government can typically end your contract if doing so is in its best interest.  While convenience terminations can’t be capricious, the government agency usually gets the benefit of the doubt in any uncertain situation.  You don’t have to lower your price, but they don’t have to continue your contract.
  4. The government decides if you (both individuals and companies) are suspended or debarred. Fail to perform on contracts?  Get accused of bribing a government official?  Commit fraud?  These are just three examples of actions that can end up placing both people and companies in front of suspension or debarment officials.  If the government decides you’re in “time out”, that’s where you are.

While day-to-day government business may run smoothly, it always pays to know what party has the upper hand.  It’s not industry.