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  • Question

    1. The main contract is not a standard Part 36 contract since construction is incidental. Do we include Part 36 clauses for construction? 2. Is there a FAR conflict because the A/E and Constrctor are both subs to the same Prime since this is not a D/B?


    Answer

    1. FAR 36.101(c) tells us to use clauses "applicable to the predominant part of the work," so you would not include Part 36 clauses for incidental construction.

    2. I do not see a conflict if the A/E subcontractor and the Construction subcontractor are both under contract to the prime. Ultimately it's the prime contractor who is responsible and accountable for satisfactory performance.

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