The federal government has privity of con tract, or a. When gsa contractors place orders with federal supply schedules and gsa. The federal acquisition regulations system is established for the codification and publication of uniform policies and procedures for acquisi tion by all executive agencies. Professor of law, university of california at davis. The federal acquisition regulation far defines a subcontract as any contract. Subcontractors on federal contracts are not in privity of contract, or direct. Dispelling myths in far applicability and clause selection. Professionals can accept or spread myths about the. Part 42 contract administration and audit services. Revision to federal acquisition regulation, part 45 and its. Under the common law of contracts, if you can prove that they have breached, you are no longer obligated to them and can tell them to get off the job. You do not need a default clause in a subcontract to get rid of a sub that has breached its contract. Pdf privity of contract and multiparty arbitration.
Before the federal acquisition streamlining act, parties on both sides of these contracts were feeling the weight of the often onerous burden imposed by the far. Regulation far contract property management requirements. However, the prime contractor may invite government representatives to a conference with subcontractors, or the government may request that the prime contractor initiate a conference with subcontractors. Yes, consistent with the concept of privity of contract, prime contractor approval is. Agencies shall prepare an evaluation of contractor performance for each order that exceeds the simplified acquisition threshold that is placed under a federal supply schedule contract or placed under a taskorder contract or a deliveryorder contract awarded by another agency i. Legal protections for subcontractors on federal prime contracts. The far emphasizes the prime contractors responsibility in. Career development, contracting authority, and responsibilities. Government subcontract terms and conditions sri international. Its still governed by government procurement laws and regulations. The federal acquisition regulations system consists of the federal acquisition regulation far, which is the primary document, and agency acquisition regulations that imple. The prime contractor should ensure that representatives from involved contract administration offices are invited. Government and thus, absent some special circumstances, they have no. Your contract with your sub is, presumably, a commercial contract.
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