---
kind: "section"
citation: "48 C.F.R. § 7.302"
title: "48"
number: "7.302"
heading: "Policy."
url: "https://uscodex.org/cfr/48/7.302"
---

# §7.302. Policy.

- (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](/usc/31/3551..3553.md) 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

### Source

Source: 71 FR 20299, Apr. 19, 2006, unless otherwise noted.

### Authority

Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.

### Source

Source: 48 FR 42124, Sept. 19, 1983, unless otherwise noted.