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About OSZContractor

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  1. To what extend are the subject clauses applicable to a foreign Prime Contractor performing outside the U.S.A. but having an U.S. Subcontractor? Can this clause be flowed down in its entirety to the U.S. subcontractor and waiving the applicability for the Prime Contract? It should be the logic consequence because the Prime Contractor is subject to its national law. What is your legal understanding regarding this subject matter? Kind regards, Jean-Michel Jost
  2. Dear Mr. Vern Thank you very much for your response. Would you be so kind as to indicate me the FAR/ DFARS clauses which may be deviated from? As I mentioned already we are Swiss company performing in Switzerland. Thank you for your support. Jean-Michel Jost
  3. Hello everybody, I take the liberty to contact you as I get nowhere an appropriate response to my questions. I can find no specific guidance in the FAR & DFARS, including the section on Foreign Acquisition, for selection and application of flow-downs to subcontracts with a foreign party (Swiss company). Logic and common sense say that many do not and could not apply. 1) How are the flow-down provisions of FAR/DFARS applied to a subcontract with a foreign company? 2) Is there specific guidance for selection and tailoring of FAR/DFARS flow-downs for foreign subcontracts? 3) Is there a listing with all FAR/DFARS clauses which are not or not to this extent applicable to subcontracts with foreign parties? Thank you in advance for your valuable support in this matter. Kind regards, Jean-Michel Jost lic. iur., LL.M.