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David Shumway

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Posts posted by David Shumway

  1. Vern, thank you. In FAR 1.301 (2) it states that "Subject to the authorities in paragraph © of this section and other statutory authority, an agency head may issue or authorize the issuance of internal agency guidance at any organizational level, (e.g. designations and delegations of authority, assignments of responsibilities, work-flow proceduress, and internal reporting requirements).

    I view the supplement not so much a deviation, but a designation and delegation. The FAR allowed for a designation and delegation but the supplement restricted the $$$ threshold for such delegation. The FAR supplement is much more restrictive.

  2. Depending on the increase as well as the provisions within the Prime Contract, notification or consent may be required. I work primarily on prime contracts, not subcontracts, and I have seen provisions with FAR 52.244-2 where the CO has noted that all subcontracts require consent. Many times too the CO would ask if the prime contract would need to be increased, so there are other factors that come into play here.

  3. While not exactly on the point of consent, there is no privity of contract beween the Govt and the Prime's subs. I do have one additional thought concerning 2nd tier subs-should the 1st tier sub wish to issue a subcontract to a 2nd tier sub, and the value of the 1st tier's subcontract increases, then, depending on the value, consent may be required. But remember, the consent is only to increase the 1st Tier subs value, not to consent to a 2nd tier sub. I hope I have made myself clear here.

  4. The specific instance has to do with HHS. I cannot go into a lot of detail but the HHS regulation places a dollar threshold on an activity that may require the head of contracting activiity (HCA) approval while the FAR contains no such financial threshold.

    With regard to Ji20874's comments, control is the appropriate word here. There are terms within GWACs that state that if there is a conflcit between a task order and the top level contract, the top level contract terms control.

  5. I have a general question. If there is a FAR Supplement term and condition that has additonal conditons when compared to the same FAR term, what term controls ? My understanding is that the Agency FAR supplement controls in these instances but I wanted to open up a discusson about this as I have been unable to find anything that definitively states as such.

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