Trade West Construction, Inc.

B-418252 Dec 10, 2019 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Trade West Construction, Inc., a small business of Mesquite, Nevada, protests the refusal of the Small Business Administration (SBA) to issue a certificate of competency to Trade West for its bid under invitation for bids (IFB) No. W912BU-19-B-0001, issued by the Department of the Army, Corps of Engineers for repair of a seawall. The protester also argues that the specialized experience requirement included in the IFB is an unenforceable qualification requirement under 10 U.S.C. § 2319. We dismiss the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This version has been approved for public release. Decision Matter of:  Trade West Construction, Inc. File:  B-418252 Date:  December 10, 2019 Karl F. Dix, Jr., Esq., Smith, Currie & Hancock LLP, for the protester. Tristan S. Brown, Esq., Suzanne S. Kimble, Esq., Maria E. Kolokithias, Esq., John A. Skarbek, Esq., Maureen A. McAndrew, Esq., Department of the Army, for the agency. Heather Self, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the Small Business Administration’s (SBA) decision not to issue a certificate of competency (COC) is dismissed because the protester’s arguments concern the merits of the SBA’s COC decision, which are not for consideration by our Office. 2. Post-award protest challenging the SBA’s reliance on a solicitation provision requiring specialized experience is dismissed as untimely because the protester’s argument that the provision is an unenforceable qualification requirement under 10 U.S.C. § 2319 contests an alleged impropriety apparent on the face of the solicitation. DECISION Trade West Construction, Inc., a small business of Mesquite, Nevada, protests the refusal of the Small Business Administration (SBA) to issue a certificate of competency (COC)[1] to Trade West for its bid under invitation for bids (IFB) No. W912BU-19-B-0001, issued by the Department of the Army, Corps of Engineers for repair of a seawall.  The protester also argues that the specialized experience requirement included in the IFB is an unenforceable qualification requirement under 10 U.S.C. § 2319. We dismiss the protest. The agency issued the IFB on July 12, 2019, seeking bids for the repair of 470 feet of seawall along Hereford Inlet in North Wildwood, New Jersey.  Request for Dismissal, Encl. 2, IFB, at 5, 87.[2]  The IFB required the use of articulated concrete block marine mattresses in the repair of the seawall.[3]  See e.g., Id. at 87, 331-337.  The IFB included a section titled “Definitive Responsibility Criteria,” which provided that the apparent low bidder “must demonstrate compliance with the standards set forth in this section as a precondition to receiving award and will be required to submit pre-award survey information relating to Specialized Experience.”  IFB at 31.  Immediately following the paragraph including this statement, the IFB contained a section titled “Specialized Experience on Similar Type Work and Project Experience.”  Id.  As relevant to the protest, this section provided: To demonstrate specialized experience, the apparent low Bidder shall provide documentation of the following as part of the pre-award survey information package: a. Demonstrate experience with at least 1 completed satisfactory project of a similar nature in constructing a seawall with large capstone with multiple stone layers that require accurate placement to achieve an integral structure and articulated concrete block or similar marine mattresses, in a coastal environment subject to damage from storm surge and wave action.  The satisfactory project must have been completed within the last 8 years and have a minimum contract value of $5,000,000. Id. The IFB closed on August 21, and the agency received three bids.  Request for Dismissal, Encl. 2, IFB Amend. 1; Encl. 6, Bid Abstract.  Trade West submitted the lowest-priced bid.  Request for Dismissal, Encl. 6, Bid Abstract.  After reviewing the pre-award survey information submitted by Trade West, the agency requested additional information demonstrating Trade West’s experience working with articulated concrete block or similar marine mattresses.  Request for Dismissal, Encl. 3b, Agency Request for Additional Pre-Award Survey Information, Sept.