Overview
This section prescribes mandatory provisions and clauses for solicitations and contracts involving public-private competitions or the potential conversion of functions from internal government performance to private sector performance.
Key Rules
- Standard Competitions: Contracting officers must insert the provision at 52.207-1, Notice of Standard Competition, when soliciting for standard public-private competitions.
- Streamlined Competitions: Contracting officers must insert the provision at 52.207-2, Notice of Streamlined Competition, for streamlined competition solicitations.
- Right of First Refusal: The clause at 52.207-3, Right of First Refusal of Employment, is mandatory in all solicitations and resulting contracts where work currently performed by the government may be converted to contract performance.
- Applicability of Refusal Rights: The Right of First Refusal clause applies whether or not a formal public-private competition is conducted.
- Timeline Flexibility: While the standard period for the Right of First Refusal clause is 10 days, the contracting officer has the authority to extend this period up to 90 days.
Practical Implications
- Contractors bidding on work currently performed by federal employees must be prepared to give those displaced employees priority in hiring for positions for which they are qualified.
- The inclusion of these provisions ensures transparency regarding which OMB Circular A-76 competition procedures are being utilized, allowing offerors to understand the specific evaluation criteria and processes involved.