B-400153, Gary M. Williamson--Agency Tender Official, August 1, 2008

B-400153 Aug 01, 2008 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Gary M. Williamson, the designated agency tender official (ATO) for the U.S. Air Force Mobility Command's tender in a public-private competition to be conducted pursuant to Office of Management and Budget (OMB) Circular No. A-76, protests various actions taken by the agency in preparation for release of solicitation No. FA4452-08-R-0008 that was issued in connection with the pending competition. The ATO asserts that, in preparing to conduct the A-76 competition, the agency improperly released to other potential offerors certain cost and staffing information about the in-house organization currently performing the activities to be competed. We dismiss the protest on the basis that the ATO does not qualify as an "interested party," as defined by applicable statute. View Decision B-400153, Gary M. Williamson--Agency Tender Official, August 1, 2008 Decision Matter of: Gary M. Williamson--Agency Tender Official File: B-400153 Date: August 1, 2008 Iris Miranda-Kirschner, Esq., Department of the Air Force, for the protester. Gary R. Allen, Esq., Department of Air Force, Headquarters Air Force Legal Operations Agency, for the agency. Brent Reynolds, Designated Employee Agent, an intervenor. Glenn G. Wolcott, Esq., and Ralph O. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency tender official is not an interested party to protest agency actions other than final selection of the source of performance with regard to a pending public-private competition, to be conducted pursuant to Office of Management and Budget Circular No. A-76, that was initiated prior to enactment of the National Defense Authorization Act of 2008. DECISION Gary M. Williamson, the designated agency tender official (ATO) for the U.S. Air Force Mobility Command's tender in a public-private competition to be conducted pursuant to Office of Management and Budget (OMB) Circular No. A-76, protests various actions taken by the agency in preparation for release of solicitation No. FA4452-08-R-0008 that was issued in connection with the pending competition.[1] The ATO asserts that, in preparing to conduct the A'76 competition, the agency improperly released to other potential offerors certain cost and staffing information about the in-house organization currently performing the activities to be competed. We dismiss the protest on the basis that the ATO does not qualify as an –interested party,— as defined by applicable statute. BACKGROUND The record establishes that, on August 9, 2007, the Air Force publicly announced its initiation of the the A-76 study at issue here through publication on the federal business opportunities (FedBizOpps) Internet website. Agency Report (AR), Tab 8; see James C. Trump, B'299370, Feb. 20, 2007, 2007 CPD para. 40 at 2-3 (public announcement on FedBizOpps constitutes initiation of an A-76 competition). Thereafter, on August 14, the Air Force posted a competitive source decision package (CSDP) on FedBizOpps that contained certain information regarding costs and staffing related to the current in-house performance of the PMEL requirements. AR, Tab 9, at 2. The ATO maintains that the information released in the CSDP was proprietary to the in-house organization currently performing the PMEL requirements. Accordingly, the ATO asserts that the pending A-76 competition should be canceled and that in'house performance of the PMEL functions should continue without further competition. DISCUSSION Under the bid protest provisions of the Competition in Contract Act of 1984 (CICA), 31 U.S.C. sections 3551-3556 (2000 and Supp. IV 2004), only an –interested party— may protest a federal procurement. The issue of whether federal employees qualify as –interested parties— for the purpose of protesting public-private competitions conducted pursuant to OMB Circular No. A-76 has a lengthy history. In 2004 this Office concluded that an in-house competitor in an A-76 competition did not meet the statutory definition of an –interested party,— Dan Duefrene et al., B-293590.2 et al., Apr. 19, 2004, 2004 CPD para. 82 at 4-5, and subsequently expressed our view that –it is for Congress to determine the circumstances under which an in-house entity has standing to protest the conduct of an A-76 competition.— See 70 Fed. Reg. 19,679 (Apr. 14, 2005); Mark Whetstone--Designated Employee Agent, B- 311284, May 9, 2008, 2008 CPD para. 93 at 4. Following our decision in Dan Duefrene, Congress expanded the definition of an –interested party— to include the official responsible for submitting the federal agency tender in an A-76 competition with regard to an activity or function performed by more than 65 full-time equivalent employees of the federal agency. Ronald W. Reagan National Defense Authorization Actor for Fiscal Year 2005, Pub. L. No. 108-375, 118 Stat.