Recognition of key differences between private and public offerors. Though there is considerable effort to level the competitive playing field the changes do recognize that not all provisions of a solicitation apply equally to both the public and private sector. For example, agency offers will not require (1) labor strike plans (2) small business strategies (3) subcontracting goal plans (4) participation of small disadvantaged business (5) licensing or other certifications or (6) past performance criteria unless a government MEO has already been implemented.

More competition of ISAAs. The changes will expressly require agencies compete commercial ISAAs and expressly authorize agencies to compete against the private sector as well as other agencies. The OMB states the proposed changes will expand public versus private competition by eliminating numerous exceptions that have permitted federal agencies to provide services to one another, usually on a sole-source basis, in the form of inter-service support agreements (ISSA). All commentators have lauded the new requirement to re-compete these commercial activities as a major source of increasing opportunities for private contractors.

Avoiding COI. The proposal seeks to implement rigorous measures to avoid organizational conflicts of interest by separating teams that work on A-76 competitions and defining what constitutes conflict. Responding to sensitivity that there is or may be conflicts of interest in having the same individuals prepare and evaluate offers or the same individuals evaluating offerors being adversely affected when private firms win an award, the proposed rules call for separation of the PWS team, the MEO team and the SSEB team. However, PWS team members may participate in the SSEB if they are not directly affected by the competition. The mere fact that individuals may provide data, management information, costing data or other technical support does not constitute personal or substantial involvement.

One controversial area that was not affected by the proposed changes is there are no new proposals to improve the way government calculates its proposed costs.

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