Request for Reconsideration

Two unions requested reconsideration of a decision in which GAO determined that they were not interested parties under bid protest procedures. The unions' protest concerned an agency decision to exercise a contract option to allow for the continued operation of nine oil tankers. GAO held that the interests of the unions were too remote and consequently dismissed their protest. The unions contended that the Service Contract Act applied to the subject contract and that the prior decision was erroneous in concluding that there were parties with a greater interest than the unions in advancing this argument. They asserted that potential bidders had no incentive to pursue this issue as it was not in their economic self-interest to do so. The unions characterized their interest as enforcement of the Act, a labor standard statute. However, enforcement of the Act is within the jurisdiction of the Department of Labor, not GAO. GAO concluded that the unions did not advance any additional facts or legal arguments which show that its earlier decision was erroneous. Accordingly, the prior decision was affirmed.