The Senate has approved language to expand the appeals rights
of federal employees who stand to lose their jobs as a result
of Circular A-76 cost competitions, the latest step in what
advocates of such appeals rights say is an attempt to create
a level playing field for such appeals.
The language, adopted as an amendment to the Defense
Department authorization bill (S-1042), builds on a change
enacted last year that allows the agency tender official—the
person in charge of the in-house bid—to appeal a
contracting-out decision to the Government Accountability
Office. The new provision states that when that official
chooses not to appeal, the affected employees by a majority
vote can designate someone else to appeal. Presumably in
most cases that would be a union representative, where union
representation is present.
GAO has ruled that it does not have authority under current
law to hear appeals from individual employees. Bidding
contractors do have appeal rights to GAO.
“Our intent is to bolster the A-76 process by providing a
mechanism for federal employees to seek redress from GAO, an
entity that is well known for its fair, effective and expert
handling of acquisition protests,” said sponsor Sen. Susan
Collins, R-Maine, chair of the Senate Homeland Security and
Governmental Affairs Committee.
The House earlier passed its version of the bill with language
urging that employees and contractors be put on equal footing
regarding contracting-out appeals, although its version does
not specify how that should be done.
