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  • Question

    If there is no new scope i.e. the scope of the Contract remains as originaly agreed, can the Prime Contractor bring in another sub contractor to share the work of the original SF330 sub contractor? If the answer is no, how can a permission to bring in another sub contractor for the same original scope be obtained?


    Answer

    My research and reading of the clause at FAR 52.244-4 indicates that it is the Contracting Officer’s prerogative to allow such an adjustment.  The clause reads (in part) “The Contractor shall obtain the Contracting Officer’s written consent before making any substitution for these subcontractors, associates, or consultants.”  In my view changing from one subcontractor to two subcontractors to perform a portion of the original contract scope is, in fact, a “…substitution for these subcontractors…” under the meaning of the clause.
     
    As with any Contracting Officer interpretation of FAR clause language, it is prudent to consult with local JAG counsel to receive their opinion as there may be case law that provides the needed clarification.

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