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I believe this has been asked before but, need some clarity on the issue: 

We have a task order against a GWAC to a large business 

Client would like us to direct some upcoming work to a specific small business subcontractor under a separate line item on the contract. 

I do not believe there is anything in the FAR that specifically prohibits this or is there? If we were to go that route, what would be the mechanism to get this accomplished? If prime does not agree to the work being directed to the specific sub, is there anything the Government can do?

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2 hours ago, faroutgeek said:

We have a task order against a GWAC to a large business 

Client would like us to direct some upcoming work to a specific small business subcontractor under a separate line item on the contract. 

Is the upcoming work going to be added to the existing task order as in-scope work?

If so, nothing in the FAR specifically prohsibits this. I'm assuming that you would then ask the prime to obtain a proposal or quote from the sub, and then there would be a negotiated process to add the work to the task, consistent with the terms of the GWAC.

Why would you think that the prime would not agree to the work being directed to 1) a sub or 2) a specific sub? 

If a Commercial items clause is in the contract, the changes paragraph may likely require mutual agreement to the change. If the contractor doesn't initially agree, you could try discussing it and trying the art of persuasion.  

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Faroutgeek, If this is not a new contract award, would  it be more appropriate for this thread to be under the GWAC/ ID-IQ heading than under contract award? You said that you "have a task order against a GWAC to a large business".  I'm assuming that you are referring to an existing task order and that you want to add some "upcoming work" to it but I could be mistaken. And you didn't indicate whether the "upcoming work" "under a separate line item on the contract" refers to the existing task order , is a new or existing line item under the task order or what. 

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Depending on what clauses are in the parent GWAC you might have to do a little balancing if 52.244-5 is in it as it might flow down to the order level (52.216-18).   Easy to do but to say one thing - 52.244-5 - and then ask the prime to direct to a subcontractor is a little inconsistent.

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5 hours ago, faroutgeek said:

Client would like us to direct some upcoming work to a specific small business subcontractor under a separate line item on the contract. 

Does the "client" want to do this in order to avoid having to award a new contract and take the chance that someone other than the preferred contractor gets the award?

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Since the OP hasn’t responded or clarified the post but has checked the thread after all the above responses, I’m guessing that they have gleaned an answer herein or have obtained an answer elsewhere.

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"Client [large business prime contractor] would like us [subcontractor] to direct some upcoming work to a specific small business subcontractor under a separate line item on the contract."

Could well be a mentor-protege situation, which is fine. Could also be the case that the specifically identified small business is owned by the brother-in-law of the prime contractor's buyer. (Been there, done that. Briefed CID and DoJ.)

What would concern me is how I would bill the specifically identified small business' costs. As incurred? At hourly rates (if so, which ones?). With burdens & fee?

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  • 2 months later...
On 5/20/2020 at 11:51 AM, Retreadfed said:

Does the "client" want to do this in order to avoid having to award a new contract and take the chance that someone other than the preferred contractor gets the award?

Exactly ....that's what they are trying to do and not create a separate contract. But, they want to direct it to a specific firm

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1 hour ago, faroutgeek said:

Exactly ....that's what they are trying to do and not create a separate contract. But, they want to direct it to a specific firm

So, faroutgeek, are you still expecting an answer or did you glean what you needed from the above three month old  responses ?

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