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Logistics of Lower-Tier Subcontracting Plans


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Hey everyone!

Quick question: I am trying to figure out how the logistics of subcontractor oversight in terms of lower-tier subcontracting plans work in practice. Say my company (recently a large) is working on a bid with several subs, one of which is an OTSB with a subcontract over $650k triggering 52.219-9. Our typical subcontract template has a provision that explicitly says you can't subcontract without express consent from us...I will assume this will need to go and be replaced with some type of contract provision regarding the subcontract plan requirement (anyone got any sample language?). A few pointed questions at this point:

1. If this subcontractor says they don't want to subcontract the work out any further, and says "there are no further subcontracting opportunities" ....how should we go about getting that determination? Is that one level above the prime at the CO level? Can we make that call? How should we document?

2. Even if there are opportunities, the slice of pie has gotten much smaller and they will likely not be looking to add multiple subs onto their agreement, so I figure they will be hitting a lot of 0% in their goal categories....if we set the goals at a standard-type level (3% WOSB, 2% HUB, etc.) knowing they won't be getting near these....is this a bad look for us/them? How should we handle this situation?

Thanks so much guys....we are just new to the area and want to have our ducks in a row before this stuff actually comes to fruition. Thanks so much for your anticipated assistance.

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