We are issuing $5 million subcontract award for a project we're working on as the prime. We included 52.219-8 and 52.219-9 in the terms and conditions. The subcontractor took exception as the current effort is for NRE. I don't know if it really makes a difference at this point but thinking that they shouldn't take exception but provide a response that as this is an NRE effort the current goals are at zero. The next phase of the effort is an option for production which is why I feel we should leave the clauses. Any thoughts?