rdedwards2 Posted August 22, 2011 Report Share Posted August 22, 2011 Hi Everyone, I have a situation that was brought up in a meeting at work, and I was wondering if anyone could help me out. We are a software company that builds custom software for US agencies through Government contracts. Due to the highly technical subject material of some of our work, we often struggle to find suitable employees that can handle the work. Sites like Odesk.com and Elance.com have popped up and offer a huge list of potential employees/subcontractors. However, a majority of those candidates are outside the US. We were wondering if we would be able to subcontract out some of the work on a given contract to a person through Odesk.com and the like? Are there any FAR clauses that would keep us from subcontracting out some software development to a person who resides outside the US? Thank you for your time and suggestions. Link to comment Share on other sites More sharing options...
Guest Vern Edwards Posted August 22, 2011 Report Share Posted August 22, 2011 The only FAR contract clauses that might govern with whom you can subcontract are FAR 52.209-6, Protecting the Government?s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment, and 52.244-2, Subcontracts. The first thing for you to do is see if either or both of those clauses are in your contract and, if so, see what they say and how they might apply in your case. Next, see if there is any other clause in the contract that might govern with whom you can subcontract. Finally, if the work you are doing is sensitive, I suggest that you ask the contracting officer if the agency would have any objection. If he or she tells you no, I suggest that you confirm your communication in writing. Link to comment Share on other sites More sharing options...
rdedwards2 Posted August 22, 2011 Author Report Share Posted August 22, 2011 The only FAR contract clauses that might govern with whom you can subcontract are FAR 52.209-6, Protecting the Government?s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment, and 52.244-2, Subcontracts. The first thing for you to do is see if either or both of those clauses are in your contract and, if so, see what they say and how they might apply in your case.Next, see if there is any other clause in the contract that might govern with whom you can subcontract. Finally, if the work you are doing is sensitive, I suggest that you ask the contracting officer if the agency would have any objection. If he or she tells you no, I suggest that you confirm your communication in writing. Thank you Mr. Edwards. We do have the 52.244-2 in our IDIQ Contract, and from the looks of it, we just need to notify the CO if we plan to do this for a Time and Materials task order. Link to comment Share on other sites More sharing options...
Retreadfed Posted August 22, 2011 Report Share Posted August 22, 2011 Thank you Mr. Edwards. We do have the 52.244-2 in our IDIQ Contract, and from the looks of it, we just need to notify the CO if we plan to do this for a Time and Materials task order. Don't forget the consent requirement under 52.244-2 if you do not have an approved purchasing system. Also, it may be possible that the development you are seeking may fall under the International Trafficing in Arms (ITAR) regulations. You need to be senstitive to this possibility. Link to comment Share on other sites More sharing options...
Guest Vern Edwards Posted August 22, 2011 Report Share Posted August 22, 2011 If you hace any doubt about the propriety of your choice of subcontractors, I believe that you would be wise to discuss it with the CO. Link to comment Share on other sites More sharing options...
napolik Posted August 23, 2011 Report Share Posted August 23, 2011 The only FAR contract clauses that might govern with whom you can subcontract are FAR 52.209-6, Protecting the Government?s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment, and 52.244-2, Subcontracts. The first thing for you to do is see if either or both of those clauses are in your contract and, if so, see what they say and how they might apply in your case.Next, see if there is any other clause in the contract that might govern with whom you can subcontract. Finally, if the work you are doing is sensitive, I suggest that you ask the contracting officer if the agency would have any objection. If he or she tells you no, I suggest that you confirm your communication in writing. If you have a contract with a DoD office, look for these DFARS clauses: 252.209-7001, 252.209-7002, and 252.209-7004. Link to comment Share on other sites More sharing options...
outsidelegalguy Posted August 24, 2011 Report Share Posted August 24, 2011 This isn't a FAR or contractual limitation, but you also need to be sensitive to export control requirements. Sending data to a foreign subcontractor (or just giving it to a foreign national in the US to do the work) is considered an export of that data. If it is subject to ITAR, a license is necessary. Link to comment Share on other sites More sharing options...
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