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FAR 52.219-9 Subcontracting Plans


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For those of you who have been in federal contracting a while.......

FAR 52.219-9 says "the offeror, upon request of the contracting officer, shall submit..." a subcontracting plan prior to the award. That plan is to be included in the resultant contract. The clause is to be inserted into contracts in which (for my organizations purposes) the contract amount is expected to reach $650K or higher. However, we have several contracts in which the CO inserted this clause, but awarded the contract without requesting the plan, therefore one was never inserted into our contract. (I realized this should have been addressed long ago, but it wasn't, and here we are.)

Our accounting office is insisting we are out of compliance, and that we should go back to the government and try to either "negotiate" the term out (??) or create a subcontracting plan and submit it to the CO (even though we've already been awarded the contract and the CO has never requested it) which will, of course, require us to start reporting on the the 294/295.

I can't for the life of me figure out why we have to do this, when the FAR is fairly clear that the plan shall be submitted upon request of the CO, prior to the award, and incorporated into the resultant contract.

Am I misguided??

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Guest Vern Edwards

You're not misguided. I think your accounting department is off base. The clause says that your company is not obligated to do anything unless the CO asks you to. I don't see how you're out of compliance if the CO has not asked, and I would not want to do as your accounting department has suggested. But it would have been best to have kept the clause out if it did not apply, if possible.

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