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  • Question

    It seems that a contractor awarded a prime contract that contains this class deviation should flow this down to any subcontractors issued a subcontract under this prime contract to ensure no funds are used on a subcontract that has any unpaid Federal tax liability or has been convicted of felony criminal violation within the preceding 24 months. The Public Law and the Class Deviation are silent on the matter of subcontracts. Is this a mandatory flow down or is it a recommended flow down to subcontractors or should a prime contractor not be concerned with flowing this down at all?


    Answer

    As you point out, both the Class Deviation and the Public Law prohibit the use of these funds to “enter into a contract with any corporation that has any unpaid tax liability or has been convicted of a felony criminal violation under any Federal law within the preceding 24 months.”  Both explicitly state “enter into a contract.”  There is no flow down provision and there is no privity of contact with subcontractors.  Accordingly, flow down language is not required to be put in the contract.   
     

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