HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.gao/gaocrptadzl0001 and id is 1 raw text is:
Comptroller General
of the United States
Washington, D.C. 20548
Decision DECISION FOR PUBLIC RELEASE
A protected decision was issued on the date below
and was subject to a GAO Protective Order. This
version has been redacted or approved by the parties
involved for public release.
Matter of: Mary Jo McDonough
File: B-270530; B-270530.2
Date: March 13, 1996
Patricia H. Wittie, Esq., Sedky, Wittie & Letsche, for the protester.
Anna Chytla, Esq., U.S. Agency for International Development, for the agency.
Andrew T. Pogany, Esq., and Michael R. Golden, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
In a procurement for personal services contract, the contracting agency's technical
evaluation and scoring of competing applicants' resumes and qualifications has not
been shown to be unreasonable where its scoring in two technical areas was
reasonable and the remaining arguments and assumptions of the protester, ranked
third of three applicants, would not displace the second-ranked applicant as eligible
for award ahead of the protester.
DECISION
Mary Jo McDonough, the incumbent, protests the award of a personal services
contract (PSC) to [deleted] under an unnumbered job announcement issued by the
U.S. Agency for International Development (AID) for a program and
communications specialist in Jakarta, Indonesia.1 The protester principally argues
that the agency violated its own hiring freeze, which, properly enforced, would have
mandated a sole-source extension of the protester's contract; that the agency failed
1The PSC is a contract that creates an employer-employee relationship between the
agency and the contractor. See Federal Acquisition Regulation (FAR) § 37.101.
Under an AID PSC for services abroad, the agency pays a portion of the
contractor's health and life insurance, pays lodging and living allowances under
specified circumstances, provides health rooms, and grants sick and annual leave,
which is accrued on the same basis as government employees. The contractor is
also eligible to receive benefits from injury, disability or death under the Federal
Employees' Compensation Act administered by the Department of Labor. See AID
Acquisition Regulation (AIDAR), 48 C.F.R. Ch. 7, App. D (1994). The position
solicited here was limited to dependents of United States government employees.
116315](ViewImageLocal?handle=hein.gao/gaocrptadzl0001&div=1&collection=&method=preview&ext=.png&size=3)