Laura Hoey

My office received 12 new contracts, that will all require CMR; something we have never been required to do. One question we have is: Is the Prime responsible for reporting all Subcontractor data, or merely informing Subcontractors of their responsibility to report? DFAR 52.237-9001 states: "The contractor shall ensure ALL contractor labor hours (including subcontractor labor hours) required for the performance of services provided under this contract are reported via a secure data collection site." The first sentence of the next paragraph reads: "The contractor (and all subcontractors providing direct labor under this contract) shall report..." Is it standard practice for the Prime to collect all Subcontractor data and perform the reporting, in order to "ensure" it takes place? Thanks

Joel, I appreciate everyone's help - I've received the information I need. Regards, Laura

We do have this requirement, that's not really at issue. What's at issue is the requirement for said insurance to comply with the FAR clauses I've noted above, and the unwillingness of the Sub to provide what I view as a conforming certificate of insurance. What doesn't make things any easier is the Subs insistence that he's worked on this base for 10 years without having to fulfill the regulatory requirement, and the PM's complaining that we can't be competitive if I "make such demands". The usual push-pull between Compliance and the Field.

Joel, the specific contract is in the 4th iteration of a sole source USACE SATOC (4 different contracts over 7 years). Over the years the CO's (there have been at least 3 different ones) have failed to include the specific insurance requirements, even at my request to provide them. That said, the Task Order Contracting Specialists (of course) require that I provide a COI, which of course includes standard Auto Liability coverage. My requirement to the Sub is based on the other USACE contracts we hold which do require "Auto Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operations of all automobiles used in connections with the performance of the subcontract......" . I know that ultimately the failure of the Gov to provide me with the specific requirements (on the contract in question), is no excuse for not flowing down contract requirements. Other than the fact that I can't evidence the specific contract requirements to the Sub, it sounds like my interpretation of the Regs, in general, is accurate.

If your company subscribes to GovWin, I've found that to be the easiest and most detailed source for this information.

Joel, starting with FAR 52.228-5 Insurance - Work on Government Installations, and further 48 CFR 552.228-5 - Government as Additional Insured.

I am Prime Contractor, with a Subcontractor who will not provide evidence of his auto liability insurance by way of the typical ACORD COI. He will only provide evidence of a personal insurance policy. It's my understanding that this type of personal policy wouldn't be permissible because it doesn't conform with requirements for Additional Insured, Waiver of Subrogation, and 30-day cancellation notice (among other things). He's pushing back saying "I've worked on this base for 10-years and never had this problem". Is Auto Liability exempt from these provisions? Thanks for your input.