Employee Unions And Elected Representatives Lack Standing For GAO Protests Of Private Sector Awards In A-76 Competitions
Client Alert | 1 min read | 05.10.04
In Dan Duefrene; Kelley Dull; Brenda Neuerburg; Gabrielle Martin, B-293590.2, .3: B-293883; B-293887: B-293908 (April 19, 2004), the GAO ruled definitively that union officials and other elected representatives of government employees who lose to a private sector offeror in competitions conducted under Revised OMB Circular A-76 (May 29, 2003) do not have standing under the Competition In Contracting Act (CICA) to protest at the GAO. Stating that its jurisdiction is constrained by CICA's definition of an "interested party," which limits protest rights to actual offerors eligible to be awarded a "contract" -- and despite the Revised Circular's attempt to implement the recommendation of the Commercial Activities Panel and recast the government side of an A-76 competition in terms intended to confer standing for government employee representatives -- GAO reasoned that the government's tender offer, even if successful, would not result in the award of a "contract" under CICA and, hence, employee representatives of the government could not be interested parties with standing to protest.
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After hosting a series of workshops and issuing multiple rounds of materials, including enforcement notices, checklists, templates, and other guidance, the California Air Resources Board (CARB) has proposed regulations to implement the Climate Corporate Data Accountability Act (SB 253) and the Climate-Related Financial Risk Act (SB 261) (both as amended by SB 219), which require large U.S.-based businesses operating in California to disclose greenhouse gas (GHG) emissions and climate-related risks. CARB also published a Notice of Public Hearing and an Initial Statement of Reasons along with the proposed regulations. While CARB’s final rules were statutorily required to be promulgated by July 1, 2025, these are still just proposals. CARB’s proposed rules largely track earlier guidance regarding how CARB intends to define compliance obligations, exemptions, and key deadlines, and establish fee programs to fund regulatory operations.
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New York LLC Transparency Act: Key Requirements and Deadlines
