NTEU President Kelley Concerned Over Energy’s Decision To Move Work To Private Contractor

Press Release March 10, 2005

Washington, D.C.—The National Treasury Employees Union (NTEU) today expressed its deep concern over a decision made last week by the Department of Energy (DOE) to contract out the work of facilities employees to a private contractor.

The decision by the agency would move the work of electricians, maintenance mechanics, engineering technicians and others in Washington, D.C., and Maryland offices to Logistics Applications, Inc., of Alexandria, Va., under a $26.7 million, 5-year contract.

"NTEU has no information on why the work of these employees is being taken away," said NTEU President Colleen M. Kelley. "Despite the agency's claim at the beginning of the competitive sourcing study that NTEU would have a role in the process, we did not. Now employees find themselves facing the loss of their jobs with little or no recourse."

NTEU has asked DOE to provide a comprehensive briefing on the decision and is exploring other avenues to protest the award.

NTEU has long objected to a fundamental unfairness in the system—namely, that federal workers lack the same rights as private contractors to appeal an agency contracting decision, despite the fact their jobs are at stake.

Private contractors are able to protest unfavorable contracting decisions to the independent Government Accountability Office (GAO). Federal employees do not have this same right. A recent change in the law will allow a management official, known as the Agency Tender Official (ATO), to file a protest with GAO on behalf of agency employees, and NTEU is pursuing this option.

"Employees should have the same option of subjecting a contracting decision to outside scrutiny that private companies do," Kelley said, “and yet the affected DOE employees do not have that option.” She said “the only way” to level the contracting out playing field is to provide federal employees with the right to file their own bid protests.

This competitive sourcing study opened up to the private sector 91 positions at DOE offices. Although some of the positions are currently vacant, there are 58 employees who face the loss of their jobs.

NTEU is the largest independent federal union, representing some 150,000 employees in 30 agencies and departments, including some 2,000 employees at the Department of Energy.

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