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Federal Workers' Rights in Job Competitions at Issue

Comptroller General David Walker, who heads the General Accounting Office, said he believes federal employees should be allowed to file bid protests over the outcome of sourcing competitions in some cases.

GAO is asking for public comment on the issue.

OMB’s revised Circular A-76 permits an agency official or a representative chosen by employees to appeal sourcing decisions within the agency. OMB said its goal was to put employees and contractors on a level playing field in sourcing competitions. But government employee unions or other representatives are currently not allowed to protest to GAO or to file appeals in court.

“GAO consistently has found that Federal employees and their unions cannot protest any aspect of the A-76 competition, because they do not meet (the) definition of an ‘interested party’’’ specified in the Competition in Contracting Act, the agency said in its notice in the June 13 Federal Register. “(T)he revised Circular may justify GAO reaching a different conclusion regarding the compliance of the in-house entity with CICA’s definition of an ‘interested party.’’’

Angela Styles, administrator of the Office of Federal Procurement Policy, said she would be “shocked” if GAO agreed to accept unions’ protests. She spoke June 11 at a conference in Arlington, VA, sponsored by the Professional Services Council.

The council’s president, Stan Soloway, said it would be “inconceivable” to grant individual employees or their unions standing to protest.

But Comptroller General Walker said he believes employees deserve some protest rights. He told the House Government Reform Committee, “My personal view is that if we want to have a level playing field, then there are some circumstances in which they should have the right.” He did not elaborate.

Contractor organizations have opposed that view. Some attorneys suggested that if GAO allowed appeals by the “agency tender official,” the government executive who prepares the in-house team’s bid, it would amount to an agency suing itself.

The notice is FR Doc 03-14934 in the June 13 Federal Register. Comments will be accepted until July 16.


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