48 C.F.R. § 9.604
9.604 Limitations.
Nothing in this subpart authorizes contractor team arrangements in violation of antitrust statutes or limits the Government's rights to—
(a) Require consent to subcontracts (see subpart 44.2);
(b) Determine, on the basis of the stated contractor team arrangement, the responsibility of the prime contractor (see subpart 9.1);
(c) Provide to the prime contractor data rights owned or controlled by the Government;
(d) Pursue its policies on competitive contracting, subcontracting, and component breakout after initial production or at any other time; and
(e) Hold the prime contractor fully responsible for contract performance, regardless of any team arrangement between the prime contractor and its subcontractors.
Notes of Decisions
Cited in 2
cases, 1996–2008 · leading case: DCMS-ISA, Inc. v. United States, 84 Fed. Cl. 501 (Fed. Cl. 2008).
DCMS-ISA, Inc. v. United States, 84 Fed. Cl. 501 (Fed. Cl. 2008). “604(e), 48 C.F.R. § 9.604 (e) (2004), provides that the government may “[h]old the prime contractor fully responsible for contract performance, regardless of any team arrangement between the prime contractor and its subcontractors.”
Tower Air, Inc. v. Fed. Express Corp., 956 F. Supp. 270 (E.D.N.Y 1996). “48 C.F.R. § 9.604 (1995). 2. The Relevant Market Under a Government Contract Determining the relevant product market under a government contract is a substantial obstacle.”
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