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Ckirkaldy

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  1. It is my understanding that a CPFF contracts only obligates the Agency to the Prime. Flowdown clause dealing with fixing the subconsultant fee does not put the Agency under such liability to pay the subs a "fixed fee" but only earned fee ? I have a case where the Prime has entered into a sub agreement that has fixed fee. However, when an audit finding showed that for 6 mos. the sub deserved the fee for hours billed and the following 6 months showed no hours worked but fee paid. We only the review the sub agreement at the beginning of the Annual Work Program Fiscal Year and hours shown to be worked that fiscal has the appropriate fees assigned. However as we moved into the year monthly hours earned does not reflect the associate fee for those hours worked. Most time hours are well below the agreed upon LOE. I do understand that flowdown clauses are required however, I do not believe that an Agency is required to interfere with the Prime's contractual agreements with their subs. We request a copy of the sub agreement at the beginning of work to review only mandatory flowdown clauses are in place(i.e. Prompt payment clauses and required federal clauses ) Please advise
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