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  • Question

    Should the Contracting Officer negotiate with a Prime contractors,software sub contarctor, over their EULA ? Or is it it up to the Prime to negotiate those terms in order to provide the supplies/services in completion of the contract? Should the contracting officer at least review and approve the EULA?


    Answer

    The prime contractor needs to negotiate prices and terms with all of its suppliers. There is no contractual relationship between the Government and subcontractors, so no negotiation between them should occur. Yes, the Government contracting officer can review and approve the end user licensing agreement, in accordance with the terms and conditions of the contract between the Government and the prime.

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