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  • Question

    Any differences in task performance and access requirements cannot be determined without the subcontract PWS/SOO/SOW. Is there any guidance that speaks specifically to whether a subcontract PWS/SOO/SOW is required?


    Answer

    This response is based on the information provided.  We suggest you discuss with your contracting officer and/or legal department as appropriate. 
     
    The government does not have privity of contract with subcontractors as a general rule.  To direct a subcontractor would be to release the prime contractor of responsibility.  There are certain things we require prime contractors to flow down to subcontractors, e.g. the requirement for a DD Form 254.  To the extent a prime contractor chooses to create a separate PWS/SOO/SOW or to flow done the PWS/SOO/SOW from the government contract is not our concern.  Whichever method the prime contractor uses, it is responsible for the performance of the entire contract.  If the subcontractor fails, the government does not deal with the subcontractor, we seek remedy from the prime contractor.
     
    To the extent your team believes the prime contractor or its subcontractor is not performing satisfactorily, we must identify our concerns and have the prime contractor respond to them with its process for ensuring the contract will be completed.

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