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The Government Accountability Office’s (GAO) proposed rule on bid protests reinforces the second-rate appeals process afforded federal employees under the administration’s competitive sourcing initiative. In accordance with the Defense Authorization Act, the GAO proposed rule would allow only an agency management official to protest a contracting decision to the GAO. Front-line workers would have no say in that decision, nor could the decision to appeal or not be questioned. Agency management officials are charged with carrying out the agenda of the president. When it comes to the administration’s competitive sourcing agenda, senior managers would not have the incentive to move forward with an appeal which questions that agenda.

Contractors, on the other hand, can appeal to both the GAO and the Court of Federal Claims, at their discretion. Furthermore, contractors can also appeal matters involving streamlined competitions to the Court of Federal Claims, and arguably to GAO as well, whereas federal employees have no appeal rights whatsoever with respect to streamlined competitions.

NTEU remains disappointed in the failure of this administration to provide federal employees with full appeal rights. NTEU will continue its efforts to level the playing field for federal workers in the competitive sourcing arena.