Appendices: 1. Proposed Review and Coordination Procedures for DOD Contractor Collaborations

• Pages: 04

2002] CONTRACTOR COLLABORATIONS 191

Appendix

Proposed Review and Coordination Procedures for DOD Contractor Collaborations

Proposed Amendment to DFARS 210.002:

significant variables. Those conditions identified as restraining competition will be noted in the report as "significant competitive factors."

Proposed Amendment to DFARS 207.103(d):

Program Managers and Contracting Officers shall consider and address in the acquisition plan the industry analysis, when such analysis is required under DFARS 210.002. The acquisition plan will address each "significant competitive factor" addressed in the industry analysis, or any other barrier to competition identified by the local, special, or agency Competition Advocate, by considering the effect on firms of the estimated value (or size) of the procurement, the contract type, basis for other than full and open competition, contract financing, technical and data rights re-procurement packages, the specifications or statements of work, performance and delivery schedules, design architecture, government-furnished property, subcontractor competition, component breakout, leader-follower contracting, cost accounting standards, and other appropriate authorities in the FAR or agency supplement.

Proposed Amendment to DFARS 203.303:

when only one firm has been identified for that end-item (product) or service pursuant to DFARS 210.002;

4. Any such collaboration that is not yet effective is proposed by an offeror on a DOD procurement and contains a provision that entitles one or more parties to the collaboration to exclusive rights to the output or efforts of a single firm or other legal entity; or

5. Any such collaboration that is not yet effective is proposed by a current contractor and one of the conditions in a or b, above, exists.

   2. All other DOD employees shall report any of the collaborations set out above to the cognizant Program Manager or Contracting Officer for submission of a request for review.

   3. The request for review shall include, in addition to a copy of any documents establishing the collaboration or other memoranda reflecting oral collaborations, a brief discussion of any facts and the program or Contracting Officer's opinion pertaining to:

1. Any efficiencies generated by the collaboration that may benefit DOD, including relevance of any related "significant competitive factors" or barriers to entry included in the acquisition plan or solicitation (DFARS 207.103(d));

2. A copy of the market...