The Senate Appropriations Committee this week passed the 2016 Financial Services appropriations bill with a provision renewing a government-wide ban on the A-76 outsourcing process. An A-76 prohibition specific to the Department of Defense was included in the FY10 National Defense Authorization Act.
AFGE thanks Sen. Barbara Mikulski of Maryland, who led the fight to stop the use of the A-76 process, for continuing to take the lead on this important issue. The prohibition is not in the House version of the Financial Services bill. AFGE had planned to work with friendly lawmakers to offer an amendment to the funding measure on the floor. However, it does not appear as if that bill will be considered by the entire House of Representatives because of the controversy over display of the Confederate flag. AFGE will work with friendly lawmakers in the House and Senate to ensure that the extension of the A-76 prohibition is included in the final conference report.
Agencies may not contract out work designated for performance by federal employees without first conducting a formal cost comparison process that at least guesstimates that contractor performance would be marginally less expensive. However, since 2009 Congress has prohibited any federal agency from using the only sanctioned public-private cost comparison process, which is known as the Office of Management and Budget Circular A-76.
If you believe that your agency is currently conducting an A-76 study, using an alternative cost comparison process, or contracting out work supposed to be performed by federal employees without conducting a formal cost comparison process, please contact AFGE’s National Office.