B-198384, APR 22, 1980

B-198384: Apr 22, 1980

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DIGEST: QUESTION OF WHETHER AGENCY PROPERLY DETERMINED TO MANUFACTURE GOODS IN- HOUSE RATHER THAN TO CONTRACT OUT FOR THEIR MANUFACTURE INVOLVES MATTER OF EXECUTIVE POLICY UNDER OMB CIRCULAR A-76 AND IS NOT WITHIN GAO'S DECISION FUNCTION. WE REGARD THE PROVISIONS OF THE CIRCULAR AS MATTERS OF EXECUTIVE POLICY WHICH ARE NOT WITHIN THE DECISION FUNCTIONS OF THE GENERAL ACCOUNTING OFFICE. THE QUESTION OF WHETHER THE USCG PROPERLY DECIDED TO MANUFACTURE THE SURF RESCUE BOATS IN-HOUSE IS NOT FOR CONSIDERATION UNDER OUR BID PROTEST PROCEDURES. THE PROTEST IS DISMISSED.

B-198384, APR 22, 1980

DIGEST: QUESTION OF WHETHER AGENCY PROPERLY DETERMINED TO MANUFACTURE GOODS IN- HOUSE RATHER THAN TO CONTRACT OUT FOR THEIR MANUFACTURE INVOLVES MATTER OF EXECUTIVE POLICY UNDER OMB CIRCULAR A-76 AND IS NOT WITHIN GAO'S DECISION FUNCTION.

WILLARD COMPANY:

THE WILLARD COMPANY (WILLARD) PROTESTS THE DETERMINATION OF THE DEPARTMENT OF TRANSPORTATION, UNITED STATES COAST GUARD (USCG) TO MANUFACTURE SURF RESCUE BOATS IN-HOUSE RATHER THAN CONTRACTING OUT FOR THEIR MANUFACTURE.

WILLARD CONTENDS THAT THIS DETERMINATION INVOLVES THE GOVERNMENT IN DIRECT COMPETITION WITH PRIVATE ENTERPRISE AND VIOLATES THE OFFICE OF MANAGEMENT AND BUDGET (OMB) CIRCULAR A-76.

ALTHOUGH OMB CIRCULAR A-76 EXPRESSES A GENERAL PREFERENCE FOR CONTRACTING WITH COMMERCIAL ENTERPRISES AS OPPOSED TO PERFORMING IN HOUSE WITH GOVERNMENT PERSONNEL, WE REGARD THE PROVISIONS OF THE CIRCULAR AS MATTERS OF EXECUTIVE POLICY WHICH ARE NOT WITHIN THE DECISION FUNCTIONS OF THE GENERAL ACCOUNTING OFFICE. WHAT-MAC CONTRACTORS INC., B-193155, NOVEMBER 3, 1978, 78-2 CPD 327. THEREFORE, THE QUESTION OF WHETHER THE USCG PROPERLY DECIDED TO MANUFACTURE THE SURF RESCUE BOATS IN-HOUSE IS NOT FOR CONSIDERATION UNDER OUR BID PROTEST PROCEDURES.

THE PROTEST IS DISMISSED.

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