# 7.302 Policy.

1. (a) The Circular provides that it is the policy of the Government to-

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

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

2. (b) As provided in the Circular, agencies shall-

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

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

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

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

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