Dan Duefrene; Kelley Dull; Brenda Neuerburg; Gabrielle Martin
B-293590.2,B-293590.3,B-293883,B-293887,B-293908: Apr 19, 2004
This decision addresses the standing of individuals and organizations representing inhouse competitors in public/private competitions conducted under Office of Management and Budget (OMB) Circular A-76 to protest agency decisions under the Circular to contract work out to the private sector, rather than to perform the work in-house.
In sum, we have reached the following conclusions. First, MEOs do not meet the current CICA definition of "interested parties," so that GAO must dismiss protests filed by MEOs. Second, in light of the public policy concerns weighing in favor of allowing MEOs to file bid protests, Congress may wish to amend CICA. Finally, any amendment to CICA to allow MEO protest standing should specify whether standing extends to ATOs, individual federal employees (either as individuals or with one or more individuals acting on behalf of all affected employees), and/or federal employees' union representatives.