Summary

DIGEST: DETERMINATION UNDER OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A-76 TO CONTRACT OUT FOR SERVICES IS MATTER OF EXECUTIVE POLICY NOT REVIEWABLE AS BID PROTEST BY UNION REPRESENTING FEDERAL EMPLOYEES. THE COST OF CONTRACTING OUT IS DETERMINED BY THE RESPONSES OF POTENTIAL CONTRACTORS TO A SOLICITATION FOR THE SERVICES IN QUESTION. THE COST OF GOVERNMENT PERFORMANCE IS ESTIMATED BASED ON CRITERIA SET BY THE DEPARTMENT CONCERNED. THE GOVERNMENT EMPLOYEES CONCERNED ARE SUBJECT TO REASSIGNMENT OR REDUCTION-IN-FORCE ACTIONS AND A CONTRACT FOR THE SERVICES IS AWARDED TO THE LOWEST COST OFFEROR. IT WAS DECIDED TO CONTRACT OUT IN THIS CASE. ARGUES THAT IT WAS GIVEN INSUFFICIENT TIME AND INFORMATION TO MAKE A MEANINGFUL RESPONSE TO THE NAVY DETERMINATION.