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." Moreover, 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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