DBADOING (Business As)

What is DBADOING (Business As)?

"Doing Business As" (DBA), often called a fictitious business name, is a registered business name used when a company conducts business under a name that isn't its legal registered name. In government contracting, understanding the use and limitations of a DBA is essential for accurate registration, compliance, and proposal submission.

Definition

A DBA serves as a public record indicating the true owner(s) of a business operating under a different name. It's commonly utilized by sole proprietorships, partnerships, and even larger corporations seeking to brand a specific product or service differently. While a DBA allows for operating under a separate name, it doesn't establish a separate legal entity; all legal obligations still fall upon the registered business. For government contractors, the legal name used for registration in SAM.gov must match the legal business structure. If a DBA is used, it should be clearly identified as "DBA" alongside the legal entity name in relevant documents.

Key Points

• Registration is Jurisdictional: DBA registration requirements vary by state and locality. Contractors must comply with the laws in each jurisdiction where they conduct business.
• Not a Separate Entity: A DBA does not create a new legal entity. Contracts are still with the underlying registered business.
• SAM.gov Accuracy: When registering in the System for Award Management (SAM), contractors must ensure consistency between their legal business name, DBA (if applicable), and supporting documentation. Any discrepancy could lead to delays or rejection.
• Proposal Clarity: Proposals should clearly identify both the legal business name and the DBA, ensuring the government understands which entity is ultimately responsible for contract performance.

Practical Examples

1. Sole Proprietor Pursuing Opportunities: John Doe, operating as a sole proprietor, wants to offer IT consulting services. He registers a DBA as "DoeTech Solutions" to create a more professional image. In SAM.gov, he would register as "John Doe DBA DoeTech Solutions."
2. Corporation with a Specialized Division: ABC Corp, a large engineering firm, establishes a specialized cybersecurity division. They register a DBA as "SecureGuard Systems" to brand this division effectively. All bids from SecureGuard Systems must clearly state that it is "SecureGuard Systems, a division of ABC Corp."
3. Subcontracting Agreements: A prime contractor awards a subcontract to "XYZ Solutions, DBA Quick Response Services." The subcontract agreement should clearly state both names to avoid any confusion about the responsible party.