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Section 245.7308: Antitrust notification.

    (a) When contractor inventory with an estimated fair market value of $3 million or more or any patents, processes, techniques, or inventions, regardless of cost, are sold or otherwise disposed of to private interests, notify the Attorney General and the General Services Administration (GSA) of the proposed terms and conditions of disposal. Submit the following information to the Department of Justice and the GSA through the contract administration agency channels. Report Control Symbol DD-ACQ(AR) 1492 applies.

      (1) Location and description of property (specify tonnage if scrap);

      (2) Proposed sale price (explain if the proposed purchaser was not highest bidder);

      (3) Acquisition cost of property;

      (4) Manner of sale, indicating whether by-

        (i) Sealed bid (specify number of bidders solicited and bids received);

        (ii) Auction or spot bid (state how sale was advertised); or

        (iii) Negotiation (explain why property was not sold competitively);

      (5) Proposed purchaser's name, address, and trade name (if any) under which proposed purchaser is doing business;

      (6) If a corporation, provide state and date of incorporation, and name and address of-

        (i) Each holder of 25 percent or more of the corporate stock;

        (ii) Each subsidiary; and

        (iii) Each company under common control with proposed purchaser;

      (7) If a partnership, provide-

        (i) Name and address of each partner; and

        (ii) Other business connections of each partner;

      (8) Nature of proposed purchaser's business (indicate whether its scope is local, statewide, regional, or national);

      (9) Estimated dollar volume of sales of proposed purchaser (as of latest calendar or fiscal year);

      (10) Estimated net worth of proposed purchaser; and

      (11) Intended use of property.

    (b) Do not dispose of property until the Attorney General determines whether the proposed disposal action would tend to create or maintain a situation inconsistent with the antitrust laws.

    (c) If the Attorney General advises that the proposed disposition is inconsistent with the antitrust laws, do not continue with the proposed disposition.

    (d) Under non-competitive sales, the prospective purchaser shall be informed that final consummation of the sale is subject to determination by the Attorney General.

    (e) Under competitive or non-competitive sales, the purchaser is required to provide the information required in paragraph (a) of this subsection.




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