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  • Question

    Is compliance with FAR/DFAR and SR/JTR regulations implied for subcontractors or should references to regulations be explicitly stated in commercial subcontracts?


    Answer

    In order for a clause to be enforceable in a subcontract, the flow down requirement must be explicitly stated in the prime contractor's contract with its subcontractor. The FAR and DFARS are not contract requirements per se, as the regulations were written for government personnel to follow. The prime contractor and any subcontractors are to follow the contents of their respective contracts. The same concept applies to the federal travel regulations.

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