C.F.R. » Title 48 » CHAPTER 1—FEDERAL ACQUISITION REGULATION › SUBCHAPTER B—ACQUISITION PLANNING › PART 7—ACQUISITION PLANNING › Subpart 7.3—Contractor Versus Government Performance

48 C.F.R. § 7.302

7.302 Policy.

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(a) The Circular provides that it is the policy of the Government to—

(1) Perform inherently governmental activities with Government personnel; and

(2) Subject commercial activities to the forces of competition.

(b) As provided in the Circular, agencies shall—

(1) Not use contractors to perform inherently governmental activities;

(2) Conduct public-private competitions in accordance with the provisions of the Circular and, as applicable, these regulations;

(3) Give appropriate consideration relative to cost when making performance decisions between agency and contractor performance in public-private competitions;

(4) Consider the Agency Tender Official an interested party in accordance with 31 U.S.C. 3551 to 3553 for purposes of filing a protest at the Government Accountability Office; and

(5) Hear contests in accordance with OMB Circular A-76, Attachment B, Paragraph F.

(c) When using sealed bidding in public-private competitions under OMB Circular A-76, contracting officers shall not hold discussions to correct deficiencies.

Notes of Decisions
Cited in 1 case, 2011–2011 · leading case: MORI Assocs., Inc. v. United States, 102 Fed. Cl. 503 (Fed. Cl. 2011).
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MORI Assocs., Inc. v. United States, 102 Fed. Cl. 503 (Fed. Cl. 2011). · cites it 9× “at 21 (citing 48 C.F.R. §§ 7.302 (b)(2)-(3), 15.203(b)); see Compl.”
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