NRO Prohibits Exclusive Teaming Agreements
Client Alert | less than 1 min read | 06.09.04
The National Reconaissance Office has adopted a clause prohibiting offerors on NRO procurements from entering into exclusive teaming agreements, based upon a determination that "such arrangements unduly limit competition." N15.209-70(i), prescribing N52.215-020, "Exclusive Teaming Prohibition (May 2004)." By contrast, having received comments that it could have the effect of impairing legitimate, pro-competitive teaming arrangements, DOD in April 2002 withdrew a proposed DFAR that would have required contracting personnel to refer to the Justice Department exclusive teaming agreements that they considered to be "anti-competitive," finding that there was no demonstrated need for such a regulation.
Insights
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The Fifth Circuit vacated the FTC’s Combatting Auto Retail Scams (CARS) Rule in January of this year, finding that the FTC failed to follow the correct administrative procedures when it promulgated the regulation.
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