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  1. Greetings, First, I'm new to the forum and will start out by saying thank you to all those that contribute. These forums are extremely helpful! Questions: Assume an existing DoD contract that meets the prescription in FAR 15.408(n) for inclusion of the clause 52.215-23 Limitation on Pass-Through Charges. The clause is not included in the Contract. Would this clause be read into the contract by operation of the Christian Doctrine? 52.215-22 is also not included in the contract, in case you are wondering. Assume the answer to 1. is "yes", and the prime contractor later intends to award a subcontract that was not included in the contractor's original proposal. The subcontractor's proposal to the prime includes lower-tier subcontractor costs that exceed 70% of the total estimated cost of the subcontract. In this situation, could the indirect costs or fee on work performed by the lower-tier subcontractor be considered excessive pass-through? It is debatable whether the subcontractor adds no or negligible value to the lower-tier subcontract. Would you submit the notification pursuant to 52.215-23© considering your answer to 1. above?
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