Maybelline

Is there a similar prescription on the DFARS side?

Follow up: it would seem that 52.212-5(e) provides the flowdowns to subs under a commercial item prime contract, whereas 52.244-6 provides the flowdowns to subs under a non commercial item prime contract. Would you concur?

Thank you for your response. Just a follow up: what is the relationship between 52.212-5 and 52.244-6? I kinda like 52.244-6 better. These provisions involve less reporting obligations than those at 212-5 and I would be inclined to accept more provisions with few or no reporting requirements. Is there an argument to be made that 244-6 contains the mandatory flowdowns for Subs?

I'm going to take over this post as it relates to the same subject. I am responding to an RFP from a Prime Contractor involved in a foreign military sale. The Prime has sent its terms and conditions along with 95 FAR/DFARS flowdowns. In our response, we intend to assert commerciality.I have been able to weed out several clauses which simply aren't applicable given the object of the contract or those which would incur too much risk for our corporation. But being new to this, I am unclear as to those that are must-haves and those that are nice-to-haves for the Prime. I have read FAR 52.212-5 and 52.244-6, but am not clear on the relationship between these two, and if both apply to us a Sub in this transaction. Are the ten or so FAR enumerated at 52.244-6 the only ones I need to contemplate, and consider the others as nice-to-haves for the Prime. Where do the DFARS fit in to all of this? Thanks!