FAR 7.302

(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.

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