Davos Francois (PSC-21-044-INL)

B-419973 Oct 14, 2021 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Davos V. Francois (Francois), of Miramar, Florida, protests its nonselection under solicitation (Soln.) No. PSC-21-044-INL, issued by the Department of State (DOS) for a contracting officer representative (COR) position in Haiti. The protester contends it was improperly penalized for not having an active certification. The protester argues that this error resulted in its nonselection. We deny 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:  Davos Francois File:  B-419973 Date:  October 14, 2021 Lewis P. Rhodes, Esq., General Counsel, PC, for the protester. Kathleen D. Martin, Esq., Department of State, for the agency. Paula A. Williams, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly required the protester to demonstrate an active certification as a condition for selection is denied.  Rather, because the solicitation expressly established that “an ideal candidate” would have an active certification, the agency reasonably considered whether the protester maintained an active certification as part of its qualitative evaluation of the protester’s credentials.  DECISION Davos V. Francois (Francois), of Miramar, Florida, protests its nonselection under solicitation (Soln.)[1] No. PSC-21-044-INL, issued by the Department of State (DOS) for a contracting officer representative (COR) position in Haiti.  The protester contends it was improperly penalized for not having an active certification.  The protester argues that this error resulted in its nonselection.[2]  We deny the protest. BACKGROUND The solicitation was issued on April 7, 2021, by the DOS, Bureau of International Narcotics and Law Enforcement Affairs (INL) at the U.S. Embassy in Port-au-Prince, Haiti.  INL’s mission is to support the Haitian National Police’s development as a professional and accountable institution capable of managing Haiti’s internal security.  Soln. at 4.[3]  The stated objective of the procurement is for an individual to serve as the COR responsible for providing expert advice, guidance, and direction in the administration of multiple INL contracts, grants, and letters of agreement.  These INL contracts encompass a value of approximately $5 million annually with over 25 personnel on assignment throughout Haiti.  Id. at 4-7. The solicitation listed minimum qualification (education/experience) requirements associated with the COR position.  Id. at 10-11.  As relevant here, one such requirement is for the applicant to possess a “Contracting Officer’s Representative (FAC-COR) [Federal Acquisition Certification for Contracting Officer’s Representatives] Level II Certification[4] or two years’ experience as a Contracting Officer.”  Id. at 11.  In addition, the solicitation listed training and distance learning requirements for the COR to include the following:  [c]ompletes the Contracting Officer Representative (COR) distance-learning course through Foreign Service Institute (FSI) within 120 [days] prior to [sic] of arriving at Post.  Obtains/maintains Federal Acquisition Certification Level II - Contracting Officer’s Representative (FAC-COR) Level III Certification within 120 days of arriving at Post.  Id. at 7. The solicitation’s instructions to applicants required the submission of a completed Standard Form 171, a resume, evaluation factor responses,[5] and three professional references.  Id. at 3.  The solicitation stated that resumes should be clear, specific, and include sufficient detail for effective evaluation and determination that the applicants possess the experience, education, and qualifications for the position, including job-related training courses, job-related skills, or job-related honors, awards or accomplishments.  Id. at 1-2.  The solicitation provided that applications would be point-scored under three evaluation factors, with a maximum total score of 70 points:  (1) program oversight (25 points); (2) overseas experience (25 points); (3) technical expertise (20 points).  Id. at 11-12.  In further describing the evaluation scheme, the solicitation stated that the most qualified applicants would be interviewed and the agency would assign a maximum score of 30 points based on the interview performance of each applicant.  Id.