Slides | Recording
PCI’s May Case of the Month Club program will take a slight detour from our normal offering, focusing on two somewhat mundane issues that can at times come roaring to life—SAM registration and small business size status. Our experts will first discuss the recent GAO decision in TLS Joint Venture, LLC, B-422275, Apr. 1, 2024, 2024 WL 1460853, where a disappointed offeror challenged the award to its competitor on the grounds that the competitor had let its SAM registration lapse between the time offers were submitted and the time award was made. Despite the Navy arguing that the award was perfectly valid, the GAO ruled otherwise and it meant the loss of a $4 million contract. The second case is a recent decision by the SBA’s Office of Hearings and Appeals (“OHA”), AERO-TEL Wire Harness Corp., SBA No. VSBC-344-P, Mar. 22, 2024, 2024 WL 1333719, in which a disappointed offeror challenged the announced award under a procurement set-aside for SDVOSB concerns. The OHA noted that the challenged firm, which had represented itself as an SDVOSB, was not a certified SDVOSB and had submitted nothing to OHA to argue otherwise. Under those circumstances, the OHA had little choice but to sustain the protest, thus knocking the awardee out. While these cases are not earth-shattering, they are a good reminder of how important the seemingly innocuous representations and certifications can be, and why companies need to be vigilant in making sure they are both current and accurate. Join us on May 14 for this important program!
Slides | Recording