Federal Employees Denied Job Competition Appeal Rights
Tuesday, April 20, 2004
Washington, DC – Yesterday, The General Accounting Office (GAO) announced that it would not accept appeals from federal employees who lose work to contractors in job competitions. GAO reasoned that federal employees affected by public-private competitions do not meet the criteria for “interested parties” as defined by 1984 Competition in Contracting Act (CICA).
“This is not exactly the news we were looking for,” said NFFE General Counsel Susan Grundmann. “We believe GAO had what it needed to give federal employees and their unions standing to file a protest.” At this point NFFE is contemplating whether further litigation is appropriate.
Although this news came as a disappointment to federal employees, GAO’s ruling did include a recommendation for Congress to consider amending CICA to allow protests to be brought on behalf of employees forming Most Efficient Organizations (MEOs).
“In light of the public policy concerns weighing in favor of allowing [in house teams] to file bid protests, Congress may wish to amend CICA,” said Comptroller General David M. Walker in a letter to relevant committee leaders from both houses. He further offered to have GAO help Congress draft the language that would properly address the issue.
“We are surprised that GAO would take the initiative to help change the law on our behalf,” said Grundmann. “Certainly that will be a difficult battle in Congess, but with GAO support, it just might be possible.”
