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OSZContractor

Applicability of FAR/ DFARS to foreign subcontracts

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Hello everybody,

I take the liberty to contact you as I get nowhere an appropriate response to my questions. I can find no specific guidance in the FAR & DFARS, including the section on Foreign Acquisition, for selection and application of flow-downs to subcontracts with a foreign party (Swiss company). Logic and common sense say that many do not and could not apply.

1) How are the flow-down provisions of FAR/DFARS applied to a subcontract with a foreign company?

2) Is there specific guidance for selection and tailoring of FAR/DFARS flow-downs for foreign subcontracts?

3) Is there a listing with all FAR/DFARS clauses which are not or not to this extent applicable to subcontracts with foreign parties?

Thank you in advance for your valuable support in this matter.

Kind regards,

Jean-Michel Jost

lic. iur., LL.M.

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A clause must be flowed down to a subcontract as prescribed in the clause. It applies as written unless the FAR says that it does not. Generally, exceptions are not made for foreign subcontractors, but there are a few. However, they may be based on place of performance rather than ownership.

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A clause must be flowed down to a subcontract as prescribed in the clause. It applies as written unless the FAR says that it does not. Generally, exceptions are not made for foreign subcontractors, but there are a few. However, they may be based on place of performance rather than ownership.

Dear Mr. Vern

Thank you very much for your response. Would you be so kind as to indicate me the FAR/ DFARS clauses which may be deviated from? As I mentioned already we are Swiss company performing in Switzerland.

Thank you for your support.

Jean-Michel Jost

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Dear Mr. Vern

Thank you very much for your response. Would you be so kind as to indicate me the FAR/ DFARS clauses which may be deviated from? As I mentioned already we are Swiss company performing in Switzerland.

Thank you for your support.

Jean-Michel Jost

There are quite a few mandatory flowdown clauses, Jean-Michel. I don't keep a list of those from which foreign firms are exempt and for which alterations are permitted. I'm rather busy, so I'm afraid that you'll have to do that research yourself. If you are unable, then I suggest that you hire a consultant who will do it for you.

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