B-400060, Bill Henson--Designated Employee Agent, June 2, 2008

B-400060 Jun 02, 2008 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Bill Henson--Designated Employee Agent protests the Department of Labor's (DOL) alleged plans to reorganize the finance and accounting services in DOL's Office of the Assistant Secretary for Administration and Management. Mr. Henson asserts that the reorganization is an improper attempt to implement the government's "most efficient organization" (MEO), the successful competitor under the Office of Management and Budget (OMB) A-76 competition conducted under reference number DOL-Multi-Agency-Finance-Accounting-Svcs1 for these services. We dismiss the protest on the basis that the protester is not an interested party eligible to challenge the agency's actions. View Decision B-400060, Bill Henson--Designated Employee Agent, June 2, 2008 Decision Matter of: Bill Henson--Designated Employee Agent File: B-400060 Date: June 2, 2008 Bill Henson, Designated Employee Agent, the protester. Charles K. Bucknor, Jr., Esq., and Dennis A. Adelson, Esq., Department of Labor, for the agency. Peter D. Verchinski, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest filed by Designated Employee Agent alleging that Department of Labor's (DOL) planned reorganization of certain services constitutes an improper implementation of the –most efficient organization— following public-private competition is dismissed; protester has standing only to challenge agency actions related to conduct of a public-private competition, or agency decision to convert a function to private sector performance without such a competition, and not to challenge agency actions regarding implementation of results of a public-private competition. DECISION Bill Henson--Designated Employee Agent protests the Department of Labor's (DOL) alleged plans to reorganize the finance and accounting services in DOL's Office of the Assistant Secretary for Administration and Management. Mr. Henson asserts that the reorganization is an improper attempt to implement the government's –most efficient organization— (MEO), the successful competitor under the Office of Management and Budget (OMB) A'76 competition conducted under reference number DOL-Multi-Agency-Finance-Accounting-Svcs1 for these services. We dismiss the protest on the basis that the protester is not an interested party eligible to challenge the agency's actions. On May 24, 2007, DOL announced the results of the OMB A-76 public-private competition for DOL's Finance and Accounting Services functional area, involving approximately 108 full-time equivalent positions assigned to the Mine Safety and Health Administration, Office of the Chief Financial Officer, Bureau of Labor Statistics, Office of the Assistant Secretary for Administration and Management, and Occupational Safety and Health Administration, in Washington, D.C. and nine states. As a result of the A-76 competition, DOL determined that the work associated with the functional area will remain within DOL, performed by the MEO. Approximately 7 months later, on December 26, 2007, Public Law 110-161 took effect. That statute contains a provision suspending DOL's A-76 competitions until certain requirements are met. Specifically, section 111 states [n]one of the funds available in this Act may be used to carry out a public-private competition or direct conversion under Office of Management and Budget Circular A'76...until 60 days after the Government Accountability Office provides a report to the Committees on Appropriations of the House...and the Senate on the use of competitive sourcing at the Department of Labor. Consolidated Appropriations Act, 2008, Pub. L. No. 110'161, sect. 6, div. G, title 1, sect. 111, 121 Stat. 1844, 2168 (effective Dec. 26, 2007). Two days later, DOL issued a memorandum that temporarily suspended all A-76 competitive sourcing activities at the agency. Motion to Dismiss at 4. On March 31, 2008, according to Mr. Henson, he learned that the agency intends to reorganize the finance and accounting services at DOL. In this regard, Mr. Henson's protest includes an email in which a DOL employee states that –since this is a reorganization instead of an implementation of an MEO, our MEO Implementation Plan needs to be over-hauled and any reference to MEO/Competitive sourcing needs to be removed.— Protest, exh. 4, at 1-2. Mr.