(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.