MEO Protest Rights: Due Process Without Purpose

The competitive sourcing arena became an even more contentious environment when President George W. Bush signed into law H.R. 4200, the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005. Section 326 of the Act amended the Competition in Contracting Act (CICA) by providing specifically that government officials, known as agency tender officials (ATOs), may file protests in connection with A-76 competitions at the Government Accountability Office (GAO) on their own initiative or at the request of a majority of employees involved in the competition. This thesis will explore the issue of providing standing to ATOs to challenge competitions conducted under the revised Office of Management and Budget (OMB) Circular A-76. The first part summarizes recent policy changes that laid the groundwork for the 2004 amendments to CICA and also illustrates how the CICA amendments are part of a larger effort to reform the A-76 process. The next part focuses on the impact of these amendments on different key players--focusing on federal employees, their unions and contractors. This section also summarizes the impact of the amendments upon the government and discusses the role of the ATO and the ethical and legal concerns raised by that role. Next, this thesis examines how the amendments affect GAO and the protest process, focusing on protective orders and intervenors. Finally, this thesis explores how the amendments will affect the standing requirements of the United States Court of Federal Claims (COFC). This thesis concludes by commenting on the overall potential of these amendments to secure increased accountability in the protest process and whether these amendments provide any degree of protection for federal employees whose jobs are subject to a public-private competition.