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B-419111 1 (2020-12-16)

handle is hein.gao/gaobaecef0001 and id is 1 raw text is: 



GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                            of the United States




Decision


Matter of:  Master Pavement  Line Corporation

File:        B-419111

Date:     December 16, 2020

Stuart Weinstein-Bacal, Esq., Weinstein-Bacal, Miller & Vega, P.S.C., for the protester.
Milton Hsieh, Esq., Department of Transportation, for the agency.
Paula A. Williams, Esq., and Edward Goldstein, Esq., Office of the General Counsel,
GAO,  participated in the preparation of the decision.
DIGEST

Protest challenging the rejection of protester's bid as nonresponsive for failing to have
an active System for Award Management (SAM)  registration at the time of bid
submission is sustained. Compliance with the SAM registration requirements are
matters of bidder responsibility, not bid responsiveness. The agency should have
provided the protester with the opportunity to correct the SAM registration, which the
protester, in fact, did prior to award.
DECISION

Master Pavement  Line Corporation, a disadvantaged small business located in
Mayaguez,  Puerto Rico, protests the rejection of its bid as nonresponsive under
invitation for bids (IFB) No. 693C73-20-B-000024, issued by the Department of
Transportation, Federal Highway Administration (FHWA), for repair services. The
protester argues that the agency improperly rejected its bid as nonresponsive on the
basis that it did not have an active System for Award Management (SAM) registration at
the time of bid submission.

We  sustain the protest.

BACKGROUND

The solicitation was issued on July 10, 2020, as a small business set-aside, seeking a
contractor to repair signs, guardrails, and other safety repairs as described in PR-52

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