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GAO-04-155R 1 (2003-10-03)

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 &     ,  G    A     0                                                Comptroller General
.  ....LAccountability * Integrity Reliability                        of the United States
United States General Accounting Office
Washington, DC 20548


          October 3, 2003

          The Honorable George V. Voinovich
          Chairman
          The Honorable Richard J. Durbin
          Ranking Member
          Subcommittee on Oversight of Government Management,
          the Federal Workforce, and the District of Columbia
          Committee on Governmental Affairs
          United States Senate

          Subject: Questions for Competitive Sourcing Hearing Record

          It was a pleasure to appear before the subcommittee on July 24, 2003, to discuss
          various competitive sourcing issues, including the recent revisions made by the
          Office of Management and Budget (OMB) to its Circular A-76. This letter responds to
          your request for my views on the following questions for the record:

          Q. The revised OMB Circular A-76 makes best value instead of lowest
             cost the factor that agencies must use in determining who will win a
             public-private competition. Some have alleged that this change is simply
             an effort to ensure that more private contractors win competitions. How
             do you see agencies benefiting from the change? How much of a factor do
             you see cost playing in determining which bidder is offering an agency the
             best value?

          For many years, federal agencies conducting negotiated procurements under the
          Federal Acquisition Regulation (FAR) routinely have traded off cost and non-cost
          factors in making contract award decisions. The tradeoff process is often called
          best value. Among the most common non-cost factors, all of which are required to
          be identified in the solicitation, are the contractor's technical approach, past
          performance, and management plan. Tradeoffs reflect a widespread practice used by
          other governments (state, local, and foreign) as well as by the private sector.

          The tradeoff process moves the federal government past the low bid mentality of
          the past, with increasing consideration of factors such as quality and past
          performance. It entrusts federal employees acting as source selection officials with
          the authority to use their judgment in selecting among proposals offered. While
          concern sometimes has been expressed that the tradeoff process allows source
          selection officials very broad discretion, that discretion has boundaries. An award
          decision must comply with pre-established evaluation criteria, and is subject to
          challenge if it appears it did not. In this regard, GAO considers bid protests


GAO-04-155R Competitive Sourcing

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