(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.
