WebThere is privity of contract between the Government the prime contractor and between the prime contractor and subcontractor(s). There is no privity of contract between the Government and the subcontractor. However, the Federal Acquisition Regulation and its supplements contain certain contract clauses that must “flow down” to subcontractors. WebPrime contractor must “flow down” SCA requirements to its subcontractors. 29 CFR § 4.114 Prime contractor financial liability for subcontractor failure to make payments required in applicable WD . Id. Practice Tip: • Make the SCA requirements an express contract term (vs. a FAR flow down clause on list only)
Subcontract Flowdowns: Selecting the right version
WebFlow Down Clauses – Their Purpose and Effect. Clauses in a subcontract which incorporate the general contract by reference, and which bind the subcontractor to the general contractor to the same extent the … binding of isaac console commands give runes
Flow Down Clauses: What Subcontractors Need to Know …
WebJan 30, 2024 · Hensel Phelps’ flow down provision included in its contracts did not meet that bar. Rather, the “waiver” that the general contractor relies on merely incorporates the terms of the prime contract by reference. While the court stated that a more specific waiver of the statute of limitations might be upheld, the flow down provision failed to ... WebIAW FAR 16.506(a), your basic IDIQ contract should include the clause 52.216-18, ... So the clauses in the basic contract indeed flow down to the delivery orders. You can add a clause to the delivery order as long as, 1) it does not conflict with the basic contract, and 2) the contractor agrees in the form of a bilateral modification. ... WebAug 4, 2015 · A “flow-down” provision is a clause in a construction subcontract that incorporates into the subcontract certain obligations, rights, or remedies provided in the project’s prime contract. binding of isaac console patch