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Check Your SAM Registration Early and Often

What You Need to Know

  • Key takeaway #1

    Register and renew/update early. Although we generally are seeing smoother registration processing recently, issues and delays remain. We advise clients to begin new registrations—and updates and renewals to existing registrations—as early as possible to get ahead of potential delays (e.g., with entity validation).

  • Key takeaway #2

    When in doubt, reach out. Our team is experienced in navigating SAM registration issues and can provide support at every juncture. Please do not hesitate to reach out.

Client Alert | 1 min read | 05.25.23

Federal contractors must be registered on SAM.gov to be eligible for award of federal contracts.  Failure to do so can have significant consequences, as the recent U.S. Court of Federal Claims (CFC) decision in Myriddian, LLC v. United States, No. 23-443 makes clear. 

In Myriddian, the Centers for Medicare & Medicaid Services (CMS) awarded a five-year, $11 million contract to Cloud Harbor Economics, LLC (Cloud) for coding support services.  Myriddian, an unsuccessful offeror, protested at the CFC, arguing Cloud was ineligible for award under FAR 52.204-7, which provides that an offeror must “be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award.”  Although Cloud was registered in SAM at the time of proposal submission and at the time of contract award, Cloud’s registration had lapsed for three weeks during the proposal evaluation period.  The CFC sustained the protest, holding that FAR 52.204-7 unambiguously requires a contractor to maintain its SAM registration throughout the entire proposal and evaluation process, and that an agency lacks the authority to waive that requirement.  Because Cloud failed to “continue to be registered until time of award,” the CFC found Cloud ineligible for award and enjoined CMS from proceeding with the contract.  

Myriddian comes on the heels of the CFC’s recent decision in Thalle/Nicholson Joint Venture v. United States, No. 22-755, upholding an agency’s elimination of a joint venture from competition where each of the joint venture members was individually registered in SAM at the time of proposal submission, but the joint venture itself was not.  These cases stand as cautionary tales reminding offerors to ensure active SAM registration at all times throughout the proposal process and not to wait until the last minute—especially given processing delays that contractors continue to experience with SAM registrations.

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Client Alert | 3 min read | 06.12.26

DOJ Guidance Backs Away From Disparate Impact Liability

On June 9, 2026, the U.S. Department of Justice (DOJ) issued a formal opinion concluding that the Equal Opportunity Employment Commission’s (EEOC) existing interpretations of Title VII of the Civil Rights Act of 1964 (Title VII) disparate-impact liability, including the Uniform Guidelines on Employee Selection Procedures (UGESP), are unconstitutional. According to the opinion, EEOC’s prior interpretations contemplate liability based on disproportionately adverse effects alone, without regard to an employer’s likely intent, rather than treating disparate impact as an evidentiary mechanism to “smoke out” intentional discrimination. DOJ found that this approach functions as a “qualified racial-proportionality mandate” that places “a racial thumb on the scales, often requiring employers to evaluate the racial outcomes of their policies, and to make decisions based on (because of) those racial outcomes.” The opinion fulfills one mandate of Executive Order 14281, which rejected disparate-impact liability insofar as it “creates a near insurmountable presumption that unlawful discrimination exists wherever there are any differences in outcomes among different [demographic groups].”...

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