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  • Question

    What clauses require mandatory flowdown and what clauses are implied to be flown down? Is the prime DCMA CMO required to flowdown the -11 clause to the sub DCMA CMO?


    Answer

    Under the terms of its contract with the government, the prime contractor may be required to include certain clause in its contracts with subcontractors.  This process is called “flow-down,” a term that is found in some, but not all the clauses requiring mandatory flow-down. 
     
    There is no definitive list of which clauses require flow-down for a variety of reasons:  (1)  The FAR changes not infrequently, so lists of what clauses flow down can easily become outdated; (2) Clause flow-down depends on the contract and the specific scenarios that may or may not require flow-down; (3) Clauses that do require flow-down do not all use the same terminology to indicate it, so each clause must be read carefully (rather than doing a simple word search); and (4) In addition to mandatory flow-down, prime contractors frequently flow-down additional clauses because it is in their best interests to do so.
     
    As to your second question about two offices of DCMA, this is not a flow-down issue.  The Government is a party to the prime contract and that contract determines the duties and responsibilities of the Government as a whole.  If DCMA wants to delegate a contract to a sub-DCMA office,  that is handled by delegation rules within the offices.  The terms of the contract, however, remain the same.  There is not concept of a sub-contract with flow-down clauses between two government offices.


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