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Folks-

Can someone educate me re: mandatory flowdowns to subs for Commercial items?

I realize FAR 52.244-6 lists required flowdowns. However, I understand dollar thresholds exist based on the subcontract value.

Where can I find that list?

Many thanks for your input!

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  • 3 weeks later...

I'm going to take over this post as it relates to the same subject.

I am responding to an RFP from a Prime Contractor involved in a foreign military sale. The Prime has sent its terms and conditions along with 95 FAR/DFARS flowdowns. In our response, we intend to assert commerciality.I have been able to weed out several clauses which simply aren't applicable given the object of the contract or those which would incur too much risk for our corporation. But being new to this, I am unclear as to those that are must-haves and those that are nice-to-haves for the Prime.

I have read FAR 52.212-5 and 52.244-6, but am not clear on the relationship between these two, and if both apply to us a Sub in this transaction. Are the ten or so FAR enumerated at 52.244-6 the only ones I need to contemplate, and consider the others as nice-to-haves for the Prime. Where do the DFARS fit in to all of this?

Thanks!

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Maybelline,

You will be negotiating your contract with the Prime Contractor. If it were me, I would start (as you did) with 52.212-5 and then stop. I would take exception to everything not listed in that clause. Then I would wait to see how the Prime responded.

At the end of the day, it is the Prime Contractor, not your company, that has the responsibility for complying with the clauses in its prime contract with the USG. That responsibility includes complying with applicable flow-down requirements. If the Prime fails in executing its responsibility, it has to suffer any consequences, not your company.

Hope this helps.

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Agree with sjanke, but add that NDIA has published "A study of the Applicaiblity of FAR clasues to subcontracts..." includes DFARS and NFS. Provides: Title, Citation, Mandatory/Optional notation, and Remarks. Available for sale on the NDIA website. Discount if a member.

Not an end all be all, and there's no replacement for learning, I do find it to be a solid resource for both sides of subcontracts as well as a training sessions.

Caveat, published in 2012.

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Thank you for your response. Just a follow up: what is the relationship between 52.212-5 and 52.244-6? I kinda like 52.244-6 better. These provisions involve less reporting obligations than those at 212-5 and I would be inclined to accept more provisions with few or no reporting requirements. Is there an argument to be made that 244-6 contains the mandatory flowdowns for Subs?

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