Vietnam-Australia Environment Joint Stock Company (72044021B00001)

B-420821 Jul 15, 2022 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Vietnam-Australia Environment Joint Stock Company (VINAUSEN) of Ho Chi Minh City, Vietnam, protests the award of a contract to Vina E&C Investment and Construction Joint Stock Company, of Vung Tau City, Vietnam, under invitation for bids (IFB) No. 72044021B00001, issued by the United States Agency for International Development (USAID) for construction services at the Bien Hoa Airbase in Bien Hoa, Vietnam. The protester contends that the agency should have rejected Vina's low bid because Vina did not have an active registration in the System for Award Management (SAM) at the time of bid submission as required by the IFB. We dismiss the protest because, as filed with our Office, it does not establish a valid basis for challenging the agency's action. View Decision Decision Matter of: Vietnam-Australia Environment Joint Stock Company File: B-420821 Date: July 15, 2022 Hien Bui, Vietnam-Australia Environment Joint Stock Company, for the protester. John B. Alumbaugh, Esq., and Eugene Benick, Esq., United States Agency for International Development, for the agency. Christine Milne, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest arguing agency was required to reject low bid because the bidder did not have an active System for Award Management (SAM) registration at the time of bid submission as required by solicitation is dismissed. Compliance with SAM registration requirements are matters of bidder responsibility, not bid responsiveness, therefore the agency correctly allowed the awardee to cure its SAM registration prior to award. DECISION Vietnam-Australia Environment Joint Stock Company (VINAUSEN) of Ho Chi Minh City, Vietnam, protests the award of a contract to Vina E&C Investment and Construction Joint Stock Company, of Vung Tau City, Vietnam, under invitation for bids (IFB) No. 72044021B00001, issued by the United States Agency for International Development (USAID) for construction services at the Bien Hoa Airbase in Bien Hoa, Vietnam. The protester contends that the agency should have rejected Vina’s low bid because Vina did not have an active registration in the System for Award Management (SAM) at the time of bid submission as required by the IFB. We dismiss the protest because, as filed with our Office, it does not establish a valid basis for challenging the agency’s action. BACKGROUND On November 17, 2021, the agency issued the IFB seeking sealed bids for dioxin remediation services as part of the USAID Civil Works – phase 1 construction project at the Bien Hoa Airbase in Bien Hoa, Vietnam. Protest, Tab 1, IFB at 1. The IFB was issued in accordance with Federal Acquisition Regulation (FAR) part 14 and incorporated by reference FAR provision 52.204-7, “System for Award Management (SAM) (Oct 2018),” which requires in part that bidders are registered in SAM at the time of submitting a bid. Protest, Tab 1, IFB at 1, 72; FAR 52.204-7(b)(1). The agency received 4 bids in response to the IFB and opened bids on March 2, 2022. Protest, Tab 3, Bid Abstract at 1-2. Vina was the apparent low bidder with an estimated total price of $28,995,555, and VINAUSEN was the second lowest bidder with an estimated total price of $29,678,678. Id. at 2. On March 8, VINAUSEN emailed and informed the agency that Vina’s SAM registration was expired on the day bids were submitted. Protest, Tab 4, Email from Protester to Agency, Mar. 8, 2022; Protest, Tab 4, Email from Agency to Protester, Mar. 15, 2022. The agency responded that the contracting officer was required to allow Vina to correct this immaterial defect, and that Vina’s bid would still be considered for award. Id. On April 7, VINAUSEN emailed the agency again stating that Vina’s registration still had not been reactivated and therefore Vina should be excluded from consideration for award. Protest, Tab 4, Email from Protester to Agency, April 7, 2022. The agency acknowledged that it received VINAUSEN’s email but provided no further response. Protest, Tab 4, Email from Agency to Protester, April 7, 2022. Vina’s registration was reactivated on June 4, and the agency awarded the contract to Vina on June 15. Req. for Dismissal at 4; Protest, Tab 5, Notice of Award at 1. This protest followed. DISCUSSION VINAUSEN argues that the agency improperly awarded the contract to Vina because Vina’s bid did not comply with the terms of the solicitation. That is, VINAUSEN asserts that Vina was ineligible for award because the solicitation required that bidders be registered in SAM at the time bids were submitted, and Vina’s registration was inactive on the day of bid submission.