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  • Question

    The technical office requests for a reference from the reference, which prevents government from contacting sub-contractor directly. I have researched and there is no such specific language that I was able to find. Could you provide any such reference from the regulations? Thanks and best regards,


    Answer

    Privity of contract is a legal doctrine that speaks to the direct relationship to the business contract for supplies or services whereby holding the business contract accountable for delivery and/or providing what was placed on contract with them.  How could your technical office direct the subcontractor in a way that is meeting the "privity of contract" comes down to what does the contract say about such actions that would allow for such to occur. In exchange to have such ability by directing the subcontractor by the technical office, what reduced general and administrative overhead could be obtained from the prime since now our technical office is taking on some or all of the prime's roles and responsibilities of managing and coordinating the supply or service that the prime was contracted to deliver?

    See Uniformed Commercial Code regarding more on privity of contract

    More useful Source for Contracts pertaining to subcontracting: https://www.dau.mil/acquipedia/Pages/ArticleDetails.aspx?aid=759852f9-0578-498c-a2a4-40ecd93eb810




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