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B-293840 1 (2004-03-30)

handle is hein.gao/gaocrptapmn0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting Office Washington, DC 20548 Decision Matter of: Vallie Bray File: B-293840; B-293840.2 Date: March 30, 2004 Vallie Bray, the protester. Daniel N. Hylton, Esq., United States Department of Agriculture, for the agency. Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest filed by federal employee on behalf of other federal employees who assert that they are directly affected by agency's decision made pursuant to a streamlined competition conducted under Office of Management and Budget Circular A-76, as revised on May 29, 2003, to contract for the work, rather than to continue to perform the work in-house, is dismissed because, as permitted under the Circular's streamlined procedures, the decision to contract out the work was based on the agency's internal analysis and was not made pursuant to a solicitation; under the Competition in Contracting Act of 1984, 31 U.S.C. §§ 3551-56 (2000), and the General Accounting Office's Bid Protest Regulations, 4 C.F.R. Part 21 (2004), GAO's jurisdiction is limited to considering protests involving solicitations and awards made or proposed to be made under those solicitations. DECISION Vallie Bray, President of the American Federation of Government Employees (AFGE) Local 3147, protests the United States Department of Agriculture's (USDA) Beltsville Agricultural Research Center's (BARC) decision, pursuant to a streamlined competition conducted under Office of Management and Budget (OMB) Circular A-76, that it would be more economical to perform the security guard function at BARC by contract, rather than to have the services performed in-house. We dismiss the protest. The study for security services at BARC involves 24 positions. USDA conducted this competitive sourcing action as a streamlined competition pursuant to the May 29, 2003 revised Circular A-76. As relevant here, under the revised Circular, the agency

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