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Retreadfed

Subcontracting under contracts for commercial items

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I am seeing more and more contracts for commercial items include FAR 52.244-2 and 52.244-6.  This is not confined to one agency and does not appear to be consistent with usual commercial practices.  Does anyone know of any guidance that has been putout that would cause this or is this just something that is happening by coincidence? 

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I have seen the same thing.  I am not aware of any policy.  I think it is general mispractice within our acquisition community. 

But, since you raised the question, let me ask -- I know that the clause is not required based on FAR 12.301(d) -- but can it fit under 12.301(e) and 12.302(c)?

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1 hour ago, ji20874 said:

can it fit under 12.301(e) and 12.302(c)?

Not in the context of the contracts I have seen.  Note, I am seeing two subcontracting clauses, 52.244-2 and 52.244-6.  In regard to 52.244-2, it normally would not come into play unless there was an unpriced modification to the contract.  However, if the contract is a T&M contract, 52.244-2 could be generally applied to subcontracts.  As for 52.244-6, the clauses listed there are included in 52.212-5.  So including 52.244-6 duplicates that requirement.  Duplication is another issue, as some contracting officers are including FAR clauses such as Changes clauses, Inspection clauses, Termination clauses and Payment clauses in the contract as well as unmodified versions of 52.212-4.

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3 minutes ago, Retreadfed said:

Duplication is another issue, as some contracting officers are including FAR clauses such as Changes clauses, Inspection clauses, Termination clauses and Payment clauses in the contract as well as unmodified versions of 52.212-4.

That is mispractice or sloppiness.

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