Kathleen N Cole & Associates, LLC (72052720Q00002)

B-419129 Oct 29, 2020 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Kathleen N. Cole & Associates, LLC, a small business, of Brevard, North Carolina, challenges the terms of request for quotations (RFQ) No. 72052720Q00002, issued by the United States Agency for International Development (USAID), for consultant services to improve supervisory skills at the agency's Mission in Peru. The protester alleges that the requirement for the services to be provided in both English and Spanish is unduly restrictive of competition. We deny the protest. View Decision Decision Matter of:  Kathleen N. Cole & Associates, LLC File:  B-419129 Date:  October 29, 2020 Kathleen N. Cole, for the protester. John B. Alumbaugh, Esq., and Eugene J. Benick, Esq., United States Agency for International Development, for the agency. Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging solicitation’s requirement to provide both English and Spanish consultant services to improve supervisory skills for the agency’s staff in Peru on the basis that the dual language requirement is unduly restrictive of competition is denied where the agency’s requirement is reasonably related to its needs. DECISION   Kathleen N. Cole & Associates, LLC, a small business, of Brevard, North Carolina, challenges the terms of request for quotations (RFQ) No. 72052720Q00002, issued by the United States Agency for International Development (USAID), for consultant services to improve supervisory skills at the agency’s Mission in Peru.[1]  The protester alleges that the requirement for the services to be provided in both English and Spanish is unduly restrictive of competition. We deny the protest. BACKGROUND On August 19, 2020, USAID issued the RFQ pursuant to the simplified acquisition procedures of Federal Acquisition Regulation subpart 13.5 seeking quotations for consultant services to improve USAID/Peru’s supervisory skills and offering a wide range of individual, team, and Mission-wide performance management approaches to enhance staff morale and effectiveness through a strong culture of leadership, learning, and accountability.  RFQ at 1.  The USAID/Peru staff is composed of approximately 103 employees, including 76 Foreign Service Nationals, who are mostly Peruvian citizens averaging 17 years of service with USAID.[2]  RFQ, amend. No. 1, at 4.  The RFQ anticipates the issuance of a fixed-price purchase order with a 2-year period of performance to the vendor whose quotation represents the best value to the government, considering each vendor’s strategic and technical approach, management approach, past performance, and price.  RFQ at 3, 10.  The anticipated award range is between $151,000 and $499,999.  Id. at 3.  The initial closing date for quotations was September 9.  Id. at 1. On September 4, the agency issued amendment 1 to the RFQ.  Among other changes, amendment 1 extended the closing date until September 14, and incorporated responses to vendors’ questions on the RFQ.  RFQ, amend. 1, at 2-10.  In response to vendors’ questions, USAID confirmed that offerors will be required to provide the required services in both English and Spanish.  Id. at 3, 9. On September 12, the protester submitted its quotation in response to the RFQ.  See Protest, exh. 2, Protester Quotation.  On September 13, the protester filed this protest with our Office challenging the terms of the RFQ. DISCUSSION The protester primarily alleges that the requirement to provide services in both English and Spanish is unduly restrictive of competition.  Specifically, the protester argues that the dual language requirement is unnecessary because the protester believes “that Mission personnel are bilingual and that in many situations USAID provides translators.”  Protest at 1.  In response to the protest, USAID argues that the requirement for the contractor to provide services in both English and Spanish is reasonably necessary to fulfill the agency’s minimum needs because the services will be provided to the USAID Mission’s staff in Peru, including to several native Spanish speakers.  For the reasons that follow, we find that the agency has established that the dual language requirement is reasonably related to the agency’s needs, and, therefore, find no basis on which to sustain the protest.[3] The Competition in Contracting Act of 1984 requires that agencies specify their needs and solicit offers in a manner designed to achieve full and open competition, so that all responsible sources are permitted to compete.  41 U.S.C.