Awarding FFP Subcontract but do not need permission - notify our KO?

[DE13151719]

We are awarding a subcontract under our DoD CPFF prime contract. Our contract contains 52.244-2 Subcontracts. We do not have an approved purchasing system. The subcontract we are awarding is FFP, and the subcontract is valued under 5% of the total estimated cost of the contract (which is the greater between the simplified acquisition threshold and 5% of the total estimated cost). Based on this, we do NOT need permission to subcontract.

We do not have an especially communicative KO.  However, I'm wondering if in the spirit of maintaining an open and communicative relationship, should I notify the KO? Or will they respond like "why are you telling me this, get out of here." 

Thanks!

[joel hoffman]

22 hours ago, DE13151719 said:

I'm wondering if in the spirit of maintaining an open and communicative relationship, should I notify the KO?

I’d say, go for it in the spirit of developing an open and communicative relationship. Isn’t any other government representative involved in the administration of your contract? Even if the “stoic” KO doesn’t care, those administering the contract might appreciate the notice. Just don’t ask for any action on the government’s part.

Do you intend to provide any of the information that would otherwise be required by the Subcontracts clause to show how you selected and awarded the subcontract. Are you trying to show the government an example of how you document the selection and award of subcontracts? If so, some detail would be appropriate.

If you are just notifying them of the award, then I’d say it’s likely a waste of both parties’ time and doesn’t really serve any productive,  communicative purpose. .

If the subcontract is competitively solicited and awarded, the info might be easy to provide and would be more informative…

[joel hoffman]

On 10/30/2024 at 10:05 AM, DE13151719 said:

We are awarding a subcontract under our DoD CPFF prime contract

Is this the same subcontract you mentioned in a July topic? Just curious how that all worked out. 

If this is the same prime contract or contracts which you mentioned in earlier topics and it’s not the first subtract that you have notified the government about, I don’t see any need or benefit to voluntarily notify the KO about it. 

[Neil Roberts]

From my prime contractor experience, I would not recommend either consent or advanced notice submission that is not required by the contract. It raises questions which are not contractually related, and for example, may lead to requests to modify the subcontract, then what are you going to do? It also slows down your release, which may be non-supportive of the prime contract schedule. I could go on....For my reasons, if you were going to do it, you should coordinate approval for what you are doing with Contracts and Program Office.  

[joel hoffman]

 Neil, I don’t disagree with you. My response wasn’t meant to imply that the contractor should or would seek consent or notification in advance of award of a subcontract that doesn’t require a submission.

If the prime wants to inform the government, It could be in the form of a courtesy notification, for information only - and after awarding the subcontract.