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  • Question

    In a awarded contract, can the prime add another teaming partner to enhance the contract performance?"


    Answer

    In general, a prime contractor can add and/or remove subcontractors during a contract’s performance. First, regarding the teaming arrangement, they are increasingly common but not all teaming arrangements are the same.   FAR 9.601 defines a contractor team arrangement when: (1) Two or more companies form a partnership or joint venture to act as a potential prime contractor; or (2) A potential prime contractor agrees with one or more other companies to have them act as its subcontractors under a specific Government contract or acquisition program.  The specifics of the teaming arrangement will generally govern the process between the joint venture or prime/subcontractor which will be utilized if the arrangement is altered. 

    Based on the information provided and without knowing the specific terms of your contract, it will also depend on the clauses contained in the contract as to whether the government has the right to approve beforehand such a change. The government has the right to approve subcontractors in some circumstances (i.e. consent to subcontract) as follows:
     When, as prescribed in FAR 44.204(a)(1), the clause or its alternate at 52.244-2 (cost-reimbursement, letter contract, fixed price, T&M, labor hour);  or as prescribed in FAR 44.204(b), the clause 52.244-4 (A&E services), are in the resulting contract.  

    Review your contract and involve your legal as needed to thoroughly review your options.  


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