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Can a Prime sponsor and certify a claim from a second tier subcontractor without the first tier's involvement or knowledge (non-construction)?

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Salty - Did you see this discussion thread? http://www.wifcon.com/discussion/index.php?/topic/2250-subcontractor-claim-certification-substantial-compliance/

Might help in unraveling your question but I think the best advice is consult with a lawyer knowledable with Federal government contract claims and have the prime contract, the sub contract and the sub-sub contract in hand when you do.

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Can a Prime sponsor and certify a claim from a second tier subcontractor without the first tier's involvement or knowledge (non-construction)?

Salty, this is a situation where it is possible for problems between the parties if the government agrees to pay the claim. As I mentioned in the other thread there is no clear trail of responsibility from the prime contract through the first tier sub to the second tier sub. What is the responsibility and liability of the first tier sub to the prime and to the second tier sub? Who gets the money from whom? Also - just because something isn't in a lower tier subcontract doesn't mean that it isn't required by the prime contract or subcontract. Also, who directed the work? There must be a clear trail.

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