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rdtmk5

Commercial Subcontract

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Must a prime contract contain FAR 52.244-6 in order to award a commercial subcontract under that prime contract? Through the years, I've heard both 'yes' and 'no'. And just today, I heard 'yes' and 'no' from 2 different, very experienced Government procurement folks. I'm not sure I've ever received a definitive answer to the question. Nor am I sure there even is a definitive answer.

Your thoughts would be most appreciated. Thank you.

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There is a definitive answer. The answer is: No. Inclusion of the clause is not a prerequisite to awarding a commercial subcontract, because nothing in FAR says it is. See FAR Subpart 44.4. Tell whoever told you "yes" to show you in the FAR, in 44.4 or in the clause itself, that says inclusion of the clause is a prerequisite.

If the clause were not in the contract, it would mean that the contractor would not have to buy commercial items to the maximum extent practicable. It would not mean that the contractor could not do so.

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