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Posted

I looked for this topic for reference in here, but didn't see anything...

Question: If FAR clause 52.222-24, EEO, was not actually flowed down in the prime contract, does that also mean that we are not required to verify EEO PreAward Clearance? I was under the impression we are bound by the clause, regardless if it is in the prime or not...am I wrong?

The provision at FAR 52.222-24, Preaward On-Site Equal Opportunity Compliance Evaluation, goes into solicitations, not into contracts. To me, it is merely a notice that does not create enforceable rights -- and its absence does not deny the enforcement of any rights or procedures. But by the time the contract is awarded, the purpose of the provision at FAR 52.222-24 has already been satisfied by the contracting officer's following of the procedures at FAR 22.805( a )( 2 ) and ( 4 ). So I don't understand how the provision can be flowed-down or implemented post-award.

I was under the impression we are bound by the clause, regardless if it is in the prime or not...am I wrong?

Who is "we"? Is "we" Government? Contractor?

Also, clauses are not "flowed down" to (or "in") prime contracts. Clauses are inserted in prime contracts. They are "flowed down" from prime contracts to subcontracts.

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