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B-243306, Mar 18, 1991, 91-1 CPD 297

B-243306 Mar 18, 1991
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PROCUREMENT - Methods/Categories - In-house performance - Administrative discretion - GAO review PROCUREMENT - Bid Protests - Administrative policies - GAO review DIGEST Allegation that agency improperly failed to conduct cost comparison under Office of Management and Budget Circular A-76 is dismissed. Contends that the Army is presently planning to perform the services in-house in contravention of Office of Management and Budget (OMB) Circular A-76. Such decisions are matters of executive branch policy that we will review only where a competitive solicitation for cost comparison purposes has been issued. The issue raised is not appropriate for our review. The protest is dismissed.

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B-243306, Mar 18, 1991, 91-1 CPD 297

PROCUREMENT - Methods/Categories - In-house performance - Administrative discretion - GAO review PROCUREMENT - Bid Protests - Administrative policies - GAO review

DIGEST

Attorneys

Services Alliance Systems, Inc.:

Services Alliance Systems, Inc. (SASI) protests the "cancellation" by the Army of a competitive procurement for the maintenance of military family housing at the Presidio in San Francisco, California. The protester, who has been performing these services for the past 2 years, contends that the Army is presently planning to perform the services in-house in contravention of Office of Management and Budget (OMB) Circular A-76.

We dismiss the protest.

OMB Circular A-76 sets forth the executive branch's policy for determining whether to perform services in-house or under contract; such decisions are matters of executive branch policy that we will review only where a competitive solicitation for cost comparison purposes has been issued. Information Ventures, Inc., B-241441, Jan. 29, 1991, 91-1 CPD Para. 83. Here, no competitive solicitation has been issued and SASI's allegations concerning whether the Army has properly determined that it has a cost effective in-house capability to perform the required services amounts to nothing more than a dispute as to how the provisions of various executive branch policy directives should be implemented. Aquidneck Mgmt. Assoc., Ltd., B-234224; B-234224.2, May 12, 1989, 89-1 CPD Para. 453. Accordingly, the issue raised is not appropriate for our review.

The protest is dismissed.

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Shirley A. Jones
Managing Associate General Counsel
Office of the General Counsel

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