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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: April 15, 2002

SUBJECT: Defense Federal Acquisition Regulation Supplement (DFARS); Anticompetitive Teaming

SOURCE: Federal Register, April 15, 2002, Vol. 67, No. 72, page 18160

AGENCIES: Department of Defense (DOD)

ACTION: Withdrawal of Proposed Rule

SYNOPSIS: DOD is withdrawing the November 1, 2001, proposed rule to amend DFARS Subpart 203.3, Reports of Suspected Antitrust Violations, to specify that certain exclusive teaming arrangements may evidence violations of the antitrust laws.

EDITOR'S NOTE: For more on the proposed rule being withdrawn, November 1, 2001, FEDERAL CONTRACTS DISPATCH "Anticompetitive Teaming."

FOR FURTHER INFORMATION CONTACT: Susan Schneider, Defense Acquisition Regulations Council, OUSD(AT&L)DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062; 703-602-0326; fax: 703-602-0350.

SUPPLEMENTAL INFORMATION: On November 1, 2001, DOD proposed to amend DFARS Subpart 203.3 to add policy addressing exclusive teaming arrangements. Specifically, the proposed rule would have added a definition of "exclusive teaming arrangement" in a new DFARS 203.302, Definitions ("two or more companies agree, in writing, through understandings, or by any other means, to team together on a procurement and further agree not to team with any other competitors on that procurement"), and would have added DFARS 203.303, Reporting Suspected Antitrust Violations, which would have identified three conditions that, when all are present, "may evidence violations of the antitrust laws..." However, since public comments received on the November 1, 2001, proposed rule indicated there is no demonstrated need for DFARS guidance on this subject, DOD is withdrawing the proposed rule.

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2002 by Panoptic Enterprises. All Rights Reserved.

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