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A big shout-out to Don for constructing the matrix, very helpful indeed.  I watched the video but I’m not entirely sure of how to use the matrix for my particular situation.  Let’s say my company has decided to chase Federal business opportunities as a subcontractor.  And, let’s say our products meet the commercial item definition.  Assume further that the prime contract is a $100M fixed price contract with no exemptions, subject to CAS, etc.  Further, let’s say the subcontract in this case has a value of $5M which is under the Simplified Acquisition Threshold for commercial items.

How do I use the matrix to determine which clauses (A, R, O, etc) the prime contractor should flow down to my company?  Is it as follows?:

1.      Fixed Price column (exclude blanks)

2.      Commercial Item (include blanks as they represent possible Customer Commercial Practice)

3.      SAP (exclude blanks)

4.      Subcontract Flowdown (exclude blanks)

Thank you for any help you can provide.  This website is an excellent source of information!

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BostonStrong,

I never thought about commercial subcontracts. I just looked at the particular clause and saw if it required flowdown to subcontracts. I would have to add a column for flowdown to commercial subcontracts. That wouldn't be that difficult. I'll put it on my list of things to do. Thanks for giving me the idea.

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Boston, have you looked at FAR 52.244-6?  That should help you in regard to what clauses the prime is contractually obligated to include in subcontracts for commercial items.

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19 minutes ago, Retreadfed said:

Boston, have you looked at FAR 52.244-6?  That should help you in regard to what clauses the prime is contractually obligated to include in subcontracts for commercial items.

Just did, thanks very much.  Hmm...is it that straightforward?  I certainly hope so.

Given my scenario above, are there any other significant contracting laws or regulations that we'd have to comply with if we move forward with the scenario I described above?

Very much appreciate your guidance.

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Subparagraph (c)(2) requires a lot of thought about what the prime contract obligations are and you may not be given a copy of the prime for your perusal. A prime should include mandatory flowdown terms and conditions and other terms that are not so obvious to a subcontractor. 

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