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B-418252 1 (2019-12-10)

handle is hein.gao/gaobaeaiu0001 and id is 1 raw text is: GAOU.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States ....................................................................................................................... DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to Decision a GAO Protective Order. This version has been approved for public release. 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-1 9-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. 1 A COC is the certificate issued by the SBA stating that the holder is responsible for the purpose of receiving and performing a specific government contract. Federal Acquisition Regulation (FAR) § 19.601 (a).

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