William J. Brennan, Jr.

“ An exercise of union rights that does not affect management's existing authority is fully consistent with this provision. Insofar as the Union proposal would require merely what is already required by OMB Circular A-76, it would not affect the Internal Revenue Service's authority to make contracting out decisions. Therefore it would not infringe the agency's reserved rights. Because I do not read the Authority's decision as clearly relying on this ground, I do not think it necessary for the Court to have reached it. ”

“ The FLRA's decision that the Circular is an "applicable law" is entirely reasonable. The Circular was promulgated as a formal regulation, with notice published in the Federal Register and public comment invited. See Executive Office of the President, OMB Circular A-76, 44 Fed.Reg. 20556 (1979) , as amended, 48 Fed.Reg. 37110 (1983) , 50 Fed.Reg. 32812 (1985) . It is referenced by, and its terms generally restated, in the Federal Acquisition Regulations, codified at 48 CFR pt. 7, subpt. 7.3 (1988) . By its terms, agency compliance is mandatory and enforced. ”

“ See id., at 47 (" [I] f a private party could bring an APA action, that would be very strong, if not conclusive, evidence that . . . you are dealing with an applicable law") . Under the APA, an agency action inconsistent with any valid and binding rule or regulation is actionable by anyone "aggrieved" by it. ”