What is a FAR Flowdown?
FAR clauses included in Government contracts that prime contractors are required to flow down to their subcontractors in their subcontracts. Agency supplemental regulations also include clauses with flow down requirements. Flow Down Clauses can significantly impact the obligations and risk of performing a subcontract.
Does the FAR apply to subcontractors?
Subcontractor status is important to prime and subcontractors. A federal prime contractor is required to flow-down multiple Federal Acquisition Regulation (“FAR”) clauses to its subcontractors. Significantly, these clauses apply regardless of whether they appear in the applicable subcontract or vendor agreement.
Where in the FAR would you find the policies and procedures for the acquisition of commercial items?
FAR Part 12 requires that agencies conduct market research to determine whether commercial items are available that could meet the agency’s requirements and to acquire such items when they are available.
What are Government Flowdowns?
Flowdown: What is it? of the general contract between the owner [Government]and the general contractor [Prime Contractor] into the lower tier agreement. It may also be referred to as a pass- through or conduit clause…
How many FAR clauses are there?
The FAR is divided into 53 parts, organized into 8 Subchapters designated A through H. Each part is then divided into subparts, sections, and subsections, with further divisions below the subsection level.
WHAT ARE FAR clauses?
The Federal Acquisition Regulation (FAR) is the primary regulation for use by all executive agencies in their acquisition of supplies and services with appropriated funds. The FAR also contains standard solicitation provisions and contract clauses and the various agency FAR supplements.
What is the most important part of the far?
What is the FAR?
- One of the most important and largest single parts of the FAR is Part 52, which is where all the contract clauses appear.
- The tricky thing about the FAR, however, is the fact that it’s not all set in stone.
- FAR changes can also be instigated by the federal agencies themselves.
Does far apply to all government contracts?
The FAR Does Not Apply to Federal Contractors, but the Terms and Conditions of Federal Contracts Do! Another common misconception is that the entire FAR is incorporated into every federal contract. The FAR prescribes standard contract clauses to insert into contracts (and provisions to insert into solicitations).
What is commercial item far?
Commercial item means. (1) Any item, other than real property, that is of a type customarily used by the general public or by non-governmental entities for purposes other than governmental purposes, and- (i) Has been sold, leased, or licensed to the general public; or.
What are Flowdown requirements?
A flow-down clause (also referred to as a pass-through or conduit clause) is usually found in a construction contract and provides that subcontractors will be bound to the general contractor in the same fashion as the general contractor is bound under its contract with the property owner.
When to use FAR clause 52.244-6?
FAR Clause | 52.244-6 Subcontracts for Commercial Items. FAR 52.244-6 Subcontracts for Commercial Items. Basic (Jul 2021) (Current) As prescribed in 44.403, The contracting officer shall insert the clause at 52.244-6, Subcontracts for Commercial Items, in solicitations and contracts other than those for commercial items. (a) Definitions.
When to use 52.244-6 subcontracts for commercial items?
FAR 52.244-6 Subcontracts for Commercial Items. Basic (Nov 2020) (Current) As prescribed in 44.403, The contracting officer shall insert the clause at 52.244-6, Subcontracts for Commercial Items, in solicitations and contracts other than those for commercial items.
What is far 52.204-21, basic safeguarding of covered contractor information systems?
(iv) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Jun 2016), other than subcontracts for commercially available off-the-shelf items, if flow down is required in accordance with paragraph (c) of FAR clause 52.204-21.
Which is not applicable to Subpart 44.2?
(b) The consent and advance notification requirements of subpart 44.2 are not applicable to prime contracts for commercial items acquired pursuant to part 12. 44.101 Definitions. Approved purchasing system means a contractor’s purchasing system that has been reviewed and approved in accordance with this part.