B-187681, NOVEMBER 8, 1976

B-187681: Nov 8, 1976

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THE DETERMINATION TO CONTRACT FOR SERVICES OR TO PERFORM THE SERVICES WITH GOVERNMENT EMPLOYEES IS A MATTER OF EXECUTIVE POLICY FOR CONSIDERATION UNDER OMB CIRCULAR A-76. IS NOT WITHIN THE DECISION FUNCTIONS OF THE GENERAL ACCOUNTING OFFICE. MBI ASSERTS THAT THE REASON STATED BY GSA FOR THE CANCELLATION WAS "THAT THEY GSA INTEND TO USE FEDERAL PROTECTIVE OFFICERS" (GOVERNMENT EMPLOYEES) TO PERFORM THE GUARD SERVICES. THE BASIS FOR THE PROTEST IS THE BIDDER'S "UNDERSTANDING THAT THE WHITE HOUSE HAS REQUESTED THAT GOVERNMENT CONTRACT THESE SERVICES TO PRIVATE INDUSTRY.". EXECUTIVE BRANCH POLICY WITH RESPECT TO THE SUBJECT OF CONTRACTING FOR SERVICES OR PERFORMING SUCH SERVICES WITH GOVERNMENT EMPLOYEES IS PROVIDED IN OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A-76.

B-187681, NOVEMBER 8, 1976

THE DETERMINATION TO CONTRACT FOR SERVICES OR TO PERFORM THE SERVICES WITH GOVERNMENT EMPLOYEES IS A MATTER OF EXECUTIVE POLICY FOR CONSIDERATION UNDER OMB CIRCULAR A-76, AND IS NOT WITHIN THE DECISION FUNCTIONS OF THE GENERAL ACCOUNTING OFFICE.

M.B.I. SECURITY SERVICES, INC.:

M.B.I. SECURITY SERVICES, INC. (MBI) PROTESTS THE DECISION OF THE GENERAL SERVICES ADMINISTRATION (GSA) TO CANCEL INVITATION FOR BIDS 01HI0200 FOR GUARD SERVICES AT THE GSA DEPOT, NEW BEDFORD, MASSACHUSETTS. MBI ASSERTS THAT THE REASON STATED BY GSA FOR THE CANCELLATION WAS "THAT THEY GSA INTEND TO USE FEDERAL PROTECTIVE OFFICERS" (GOVERNMENT EMPLOYEES) TO PERFORM THE GUARD SERVICES. THE BASIS FOR THE PROTEST IS THE BIDDER'S "UNDERSTANDING THAT THE WHITE HOUSE HAS REQUESTED THAT GOVERNMENT CONTRACT THESE SERVICES TO PRIVATE INDUSTRY."

EXECUTIVE BRANCH POLICY WITH RESPECT TO THE SUBJECT OF CONTRACTING FOR SERVICES OR PERFORMING SUCH SERVICES WITH GOVERNMENT EMPLOYEES IS PROVIDED IN OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A-76. ALTHOUGH THAT CIRCULAR EXPRESSES GENERAL PREFERENCE FOR CONTRACTING WITH COMMERCIAL ENTERPRISES, WE HAVE ALWAYS REGARDED THE PROVISIONS OF THE CIRCULAR AS MATTERS OF EXECUTIVE POLICY WHICH ARE NOT WITHIN THE DECISION FUNCTIONS OF THE GENERAL ACCOUNTING OFFICE. AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL NO. 3347, AFL-CIO, B-183487, JULY 3, 1975, 75-2 CPD 12, AND CASES CITED THEREIN. ACCORDINGLY, THE PROTEST WILL NOT BE CONSIDERED.