DATE: June 13, 2003

SUBJECT: General Accounting Office (GAO); Protests Under OMB Circular No. A-76

SOURCE: Federal Register, June 13, 2003, Vol. 68, No. 114 page 35411


ACTION: Request for Comments

SYNOPSIS: GAO is soliciting comments on two key legal questions regarding protests under the recent major revisions to Office of Management and Budget (OMB) Circular No. A-76, Performance of Commercial Activities: (1) do the revisions to A-76 affect the standing of an in-house entity to file a protest with GAO; and (2) who would have the representational capacity to file such a protest.

EDITOR'S NOTE: GAO's protest regulations, which are in Title 4 of the Code of Federal Regulations (CFR), Part 21, govern offeror protests filed with the GAO against alleged improprieties in the government's conduct of acquisitions (GAO's protest regulations are available at http://www.gao.gov/decisions/bidpro/bid/bibreg.html). Federal Acquisition Regulation (FAR) 33.104, Protests to the GAO, provides an overview of the protest process and procedures. However, if there is a conflict between GAO's regulations and the FAR, GAO's regulations govern.

The revised OMB Circular No. A-76 is available at http://www.whitehouse.gov/omb/circulars/a076/a76_rev2003.pdf.

For more on the recent revisions to OMB Circular No. A-76, see the May 29, 2003, FEDERAL CONTRACTS DISPATCH "Office of Management and Budget (OMB); Revision of OMB Circular No. A-76, Performance of Commercial Activities."

DATES: Comments should be submitted on or before July 16, 2003.

ADDRESSES: Comments should be submitted by e-mail to: A76Comments@gao.gov, or by facsimile to 202-512-9749. Because of delivery delays, submission by regular mail is discouraged. Comments may be sent by Federal Express or United Parcel Service to: Michael R. Golden, Assistant General Counsel, General Accounting Office, 441 G Street, NW, Washington, DC 20548.

FOR FURTHER INFORMATION CONTACT: Daniel I. Gordon (Managing Associate General Counsel), Michael R. Golden (Assistant General Counsel) or Linda S. Lebowitz (Senior Attorney) at 202-512-9732.

SUPPLEMENTAL INFORMATION: On May 29, 2003, OMB issued a major revision to A-76 to improve performance of commercial activities by incorporating the principles of Federal Acquisition Regulation (FAR) Part 15, Contracting by Negotiation, into the public-private competition process. A number of changes in the revised A-76 may affect GAO's protest regulations. GAO is soliciting comments on the following issues involving the revised A-76 and its protest regulations:

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2003 by Panoptic Enterprises. All Rights Reserved.

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