Commercial Activities Program: Lessons Learned from Litigations

摘要

Deep rooted conflicts among key players in the Commercial Activities (CA) program pose a major threat to its viability. The controversies often result in litigations. This thesis examines legal decisions rendered by selected judicial entities on matters relating to OMB Circular A-76 implementation. It identifies lessons learned and recommendations for improvements to the CA process. The study concludes that the government has experienced great success in litigating A-76 disputes, primarily because the courts have taken the position that the propriety to contract out is an executive discretion not reviewable by them. The study recommends that government personnel should become infinitely familiar with General Accounting Office determinations since their decisions impact most heavily on daily implementation of Circular A-76.