Two decisions of the Court of Appeals for the Federal Circuit were
dispositive. In the first case (402 F3d 1345), the Federal Circuit held that
another guidelines regulation, 19 CFR 113.13(b), provides only standards for
government officials and does not impose specific requirements.
FAR 1.102, entitled "Statement of guiding principles for the federal
acquisition system," is similar in that it only indicates appropriate
courses for government officials to follow, and subsection (b)(3) imposes no
specific substantive obligations and is not therefore judicially
enforceable. Another case (46
CCF ¶77,978), concluding
DFARS 216.104 and
FAR 35.006(c) provide only internal government direction and impose no
mandatory, judicially enforceable requirements, was also instructive.
FAR 1.102-2(c)(1) also provides only internal government direction,
stating "each member of the [t]eam is responsible and accountable for the
wise use of public resources as well as acting in a manner which maintains
the public's trust ... [f]airness and openness require open communication
among team members, internal and external customers, and the public."
FAR 1.102(b)(3) and
FAR 1.102-2(c)(1) were originally drafted to serve as a preface to the
Federal Acquisition Regulation's substantive sections, which supported the
view they did not impose enforceable obligations.
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