48 CFR § 237.102 - 237.102 Policy.

---
identifier: "/us/cfr/t48/s237.102"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 237.102 - 237.102   Policy."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "237.102"
section_name: "237.102   Policy."
chapter_number: 2
chapter_name: "DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE"
subchapter_number: "F"
subchapter_name: "SPECIAL CATEGORIES OF CONTRACTING"
part_number: "237"
part_name: "SERVICE CONTRACTING"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "41 U.S.C. 1303 and 48 CFR chapter 1."
regulatory_source: "56 FR 36424, July 31, 1991, unless otherwise noted."
cfr_part: "237"
---


# 237.102 237.102   Policy.

(b)(1) *Preference for certain commercial services.* See 212.272 for procedures for implementation of the preference for commercial facilities-related services, knowledge-based services (except engineering services), medical services, or transportation services, as required by section 876 of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-328).

(2) *Public-private competitions.* See PGI 207.302 for information on the Governmentwide moratorium and restrictions on public-private competitions conducted pursuant to Office of Management and Budget (OMB) Circular A-76.

(c) In addition to the prohibition on award of contracts for the performance of inherently governmental functions, contracting officers shall not award contracts for functions that are exempt from private sector performance. See 207.503(e) for the associated documentation requirement.

(e) Program officials shall obtain assistance from contracting officials through the Peer Review process at 201.170.

[73 FR 1826, Jan. 10, 2008, as amended at 74 FR 37626, July 29, 2009; 81 FR 36473, June 7, 2016; 84 FR 39204, Aug. 9, 2019]