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B-201734 1 (1981-03-04)

handle is hein.gao/gaobabjzb0001 and id is 1 raw text is: GAO United States General Accounting Office Office of Washington, DC 20548 General Counsel In Reply Refer to: B-201734 March 4, 1981 ?rcnFederation of Government Emloee Local No. 12, AFL-CIO P.O. Box 865 Washington, D.C. 20044 Attention: Mr. Earl S. Simpson Gentlemen: We refer to your letter of January 9, 1981 protest- ing the decision by theDepartment of Labor to contract for certain computer services under solicitation No. L/A 80-21 rather than have them performed in-house. -We have been informally advised by the 'Department of Labor .that the agency's decision was made under the guid- ance of Office of Management and Budget Circular N2o. A-76. LWe have consistently declined to consider protests concern- ing the propriety of agency decisions under A-76 to contract in lieu-of performing work in-house on the basis that they involve matters of Executive branch policy which we do not view as part of our bid protest function. See, e.g., Local F76, International Association of Firefighters, B-194084, March 28, 1979, 79-1 CPD 209; Rand Information Systems, B-192608, September 11, 1978, 78-2 CPD 189. In Crown Laundry and Dry Cleaners, Inc., B-194505, July 18, 1979, 79-2 CPD 38, we indicated thattwe would consider detrimental to the competitive system a cost comparison which did not conform to the terms of a solic- itation where the Government stated the circumstances under which it vould (or wou1_6 not) award a contract and induced the submission of bids on that basis. Accordingly, 'we do consider protests which allege a faulty or misleading comparison. See Serv-Air, Inc.; AVCO, E-195183, October 24, 1980, 60 Comp. Gen. , 80-2 CPD 317.[°However, our review in those cases is intended to protect'parties that com- peted from the arbitrary rejection of their bids, and thus does not extend to nonbidders such as Local No. 12.

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