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B-183487 1 (1975-07-03)

handle is hein.gao/gaobaduqa0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES 200 SWASHINGTON, D. C. 20548 LNITEP FILE: B-183487 DATE:July 3, 1975 MATTER OF: American Federation of Government Employees. Local No. 3347, AFL-CIO DIGEST: 1. Whether EPA service contract for warehouse receiving function is improper will depend upon whether contractor or employees are functioning in contracting agency administration of con- tract essentially as Government employees as tested by fac- tors delineated in Civil Service Commission 1967 opinion, as supplemented. 2. OMB Circular A-76 expresses policy guidance with respect to whether certain services should be provided in-house or purchased from commercial sources, but alleged failure of agency to comply with Circular is not for consideration under -= GAO bid protest procedures. The American Federation of Government Employees (AFGE), Local No. 3347, AFL-CIO, has protested the proposed award of a contract by the Environmental Protection Agency (EPA), Contracts Management Division, NCCM-7, Research Triangle Park, North Carolina, on the grounds that the proposed award is for personal services and would create what is tantamount to an employer-employee relationship between the Government and contractor personnel in violation of Federal personnel laws. More specifically, the proposed procurement is for the receiving function at the EPA warehouse at Research Triangle Park. The procure- ment contemplates that a contractor will be selected who will accept the responsibility for receiving all shipments delivered to the EPA warehouse and performing associated paperwork to facilitate timely -delivery of the materials to the requestor and acceptance of the materials by the Government. Presently, all functions relating to receipt, delivery and ware- housing of materials are being accomplished by a small group of Civil Service employees who virtually perform all aspects of the warehousing function. However, to provide an allegedly more efficient operation, it was determined by the Director of the General Services Division of the local EPA Office of Administration that the receiving function could best be performed by an independent contractor. -1-

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