[Federal Register Volume 66, Number 212 (Thursday, November 1, 2001)]
[Proposed Rules]
[Page 55157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27370]
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DEPARTMENT OF DEFENSE
48 CFR Part 203
[DFARS Case 99-D028]
Defense Federal Acquisition Regulation Supplement;
Anticompetitive Teaming
AGENCY: Department of Defense (DoD).
ACTION: Proposed rule with request for comments.
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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to add policy addressing exclusive
teaming arrangements. The proposed amendments specify that certain
exclusive teaming arrangements may evidence violations of the antitrust
laws.
DATES: Comments on the proposed rule should be submitted in writing to
the address specified below on or before December 31, 2001, to be
considered in the formation of the final rule.
ADDRESSES: Respondents may submit comments directly on the World Wide
Web at http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. As an
alternative, respondents may e-mail comments to:
http:[email protected]. Please cite DFARS Case 99-D028 in the subject
line of e-mailed comments.
Respondents that cannot submit comments using either of the above
methods may submit comments to: Defense Acquisition Regulations
Council, Attn: Ms. Susan Schneider, OUSD(AT&L)DP(DAR), IMD 3C132, 3062
Defense Pentagon, Washington, DC 20301-3062; facsimile (703) 602-0350.
Please cite DFARS Case 99-D028.
At the end of the comment period, interested parties may view
public comments on the World Wide Web at http://emissary.acq.osd.mil/dar/dfars.nsf.
FOR FURTHER INFORMATION CONTACT: Ms. Susan Schneider, (703) 602-0326.
Please cite DFARS Case 99-D028.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed rule amends DFARS Subpart 203.3 to add a definition
of ``exclusive teaming arrangement'' and to specify that certain
exclusive teaming arrangements may evidence violations of the antitrust
laws. DoD previously published a proposed rule on this subject at 64 FR
63002, November 18, 1999. As a result of public comments received on
the previous proposed rule, DoD is publishing this revised proposed
rule to clarify that not all exclusive teaming arrangements evidence
violations of the antitrust laws.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
The proposed rule is not expected to have a significant economic
impact on a substantial number of small entities within the meaning of
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because DoD does
not expect frequent use of anticompetitive teaming arrangements by
contractors or subcontractors. Therefore, DoD has not performed an
initial regulatory flexibility analysis. DoD invites comments from
small businesses and other interested parties. DoD also will consider
comments from small entities concerning the affected DFARS subpart in
accordance with 5 U.S.C. 610. Such comments should be submitted
separately and should cite DFARS Case 99-D028.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the rule does
not impose any information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq.
List of Subjects in 48 CFR Part 203
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Therefore, DoD proposes to amend 48 CFR part 203 as follows:
1. The authority citation for 48 CFR part 203 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 203--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
2. Sections 203.302 and 203.303 are added to read as follows:
203.302 Definitions.
Exclusive teaming arrangement means that 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.
203.303 Reporting suspected antitrust violations.
(c)(i) Practices or events that may evidence violations of the
antitrust laws also include exclusive teaming arrangements when all of
the following conditions exist:
(A) One or a combination of the companies participating on the team
is the sole provider of a product or service that is essential for
contract performance;
(B) The teaming arrangement impairs competition; and
(C) Government efforts to eliminate the teaming arrangement are not
successful.
(ii) This policy applies only to exclusive teaming arrangements
that meet all three of the conditions in paragraph (c)(i) of this
section and should not be misconstrued to imply that all exclusive
teaming arrangements evidence violations of the antitrust laws.
[FR Doc. 01-27370 Filed 10-31-01; 8:45 am]
BILLING CODE 5000-04-U