---
kind: "section"
citation: "48 C.F.R. § 209.571-7"
title: "48"
number: "209.571-7"
heading: "Systems engineering and technical assistance contracts."
url: "https://uscodex.org/cfr/48/209.571-7"
---

# §209.571-7. Systems engineering and technical assistance contracts.

- (a) Agencies shall obtain advice on systems architecture and systems engineering matters with respect to major defense acquisition programs or pre-major defense acquisition programs from Federally Funded Research and Development Centers or other sources independent of the major defense acquisition program contractor.
- (b) **Limitation on Future Contracting.**
  - (1) Except as provided in [paragraph (c)](#c) of this subsection, a contract for the performance of systems engineering and technical assistance for a major defense acquisition program or a pre-major defense acquisition program shall prohibit the contractor or any affiliate of the contractor from participating as a contractor or major subcontractor in the development or production of a weapon system under such program.
  - (2) **The requirement in paragraph (b)(1) of this subsection cannot be waived.**
- (c) **Exception.**
  - (1) The requirement in [paragraph (b)(1)](#b-1) of this subsection does not apply if the head of the contracting activity determines that—
    - (i) An exception is necessary because DoD needs the domain experience and expertise of the highly qualified, apparently successful offeror; and
    - (ii) Based on the agreed-to resolution strategy, the apparently successful offeror will be able to provide objective and unbiased advice, as required by 209.571-3(a), without a limitation on future participation in development and production.
  - (2) **The authority to make this determination cannot be delegated.**

## Notes

### Amendments

[75 FR 81913, Dec. 29, 2010]

### Source

Source: 73 FR 1824, Jan. 10, 2008, unless otherwise noted.

### Authority

Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

### Source

Source: 56 FR 36313, July 31, 1991, unless otherwise noted.

### Amendments

[75 FR 81913, Dec. 29, 2010]