I was recently courtesy copied on an email from my COR and noticed that communications are going back and forth between the COR and the sub-contractor statuses and approving documentation. The prime contractor is also CCd on the emails as well. I would prefer that the communications were between the COR and the prime, but I know contracting does not operate on feelings. I wanted to know if I am being too ridged or maybe it is better business practices to have information flow from the prime to the government and vice versa.

Thanks in advance

You're the CO? You'll know that there's no privity of contract between the subcontractor and the Government. Your agency probably restricts the authority of your COR to act and to authorize acts. I don't know of anything that would prohibit the COR from communicating with the subcontractor, but even where the relationships are fairly informal, there's less risk to all parties if all Government communications are with the prime contractor, possibly "cc'd" to the CO and/or the subcontractor.

When acting as a prime contractor, we would insist and our subcontracts would provide that any subcontractor communication with the Government be through us, or if initiated by the USG that we be notified of it by the sub immediately. When we are a subcontractor, we would refer any direct communications from the Government to the prime contractor.

Heretalearn,

Thank you for your response.

You're the CO? You'll know that there's no privity of contract between the subcontractor and the Government. Your agency probably restricts the authority of your COR to act and to authorize acts. I don't know of anything that would prohibit the COR from communicating with the subcontractor, but even where the relationships are fairly informal, there's less risk to all parties if all Government communications are with the prime contractor, possibly "cc'd" to the CO and/or the subcontractor.

When acting as a prime contractor, we would insist and our subcontracts would provide that any subcontractor communication with the Government be through us, or if initiated by the USG that we be notified of it by the sub immediately. When we are a subcontractor, we would refer any direct communications from the Government to the prime contractor.

Agreed. Not - It is Black abnd White. Tell the COR to knock off direct, written communications and/or any direct communication of directives, approvals, etc. with the Sub. The Prime is responsible for what is in its subcontracts. Allow the prime to manage its subcontracts.

Joel Hoffman,

Not that it really matters, but I am the CS and not the KO. I am new to my organization and have discovered that basically the CORs were allowed to behave in my opinion like they were contracting. So I wanted to get the opinion/regulations from others who are not in my vacuum on how they perceive the proper way communication should flow.

Thank you

Good luck, Notb&w. Whether in contracting or as a COR, the government should not circumvent the chain of communications through the Prime.