Re: Fed mandatory flow-down requirements Gloria Greene 07 Dec 2000 10:00 EST
Very well stated Steve :) -----Original Message----- From: Research Administration List [mailto:xxxxxx@HRINET.ORG]On Behalf Of Stephen Erickson Sent: Thursday, December 07, 2000 8:47 AM To: xxxxxx@HRINET.ORG Subject: Re: Fed mandatory flow-down requirements The prime awardee in writing the subcontract, in essence, takes on the role of the sponsor. Provisions only flow-down in terms of requiring compliance if they are mentioned in and agreed to by the subcontractor. It is not really appropriate to simply mention the prime award in its entirety and say everything applies to the subcontractor. Some provisions flow down and some do not. For instance, let's say you have a prime contract containing the "Inspection of Records by the Comptroller General" clause. In simply passing that down to the subcontractor in the same manner as other clauses, you would be assuming the role, and in fact superseding the Comptroller General. Furthermore, if you are writing the subcontract to a different type of organization, or writing a fixed price subcontract under a cost-reimbursement prime, you need to make sure clauses you include are appropriate to the situation. Are the rules the same for all agencies? It is not the agency that matter, but rather the principles of subcontracting, and those transcend all sponsors. Steve "Rosemary K. Alexander" wrote: > Do any of you know whether mandatory federal flow-through regulations on > contracts and subcontracts automatically flow down to subcontractors whether > or not the prime awardee remembers to include them in the subcontract - > either by making a general statement that all terms and conditions of the > prime award are incorporated or by listing them specifically? > > If they do, do they flow down the same for all agencies or are the rules for > some agencies different? > > Thanks in advance to all for your help. I don't know what I'd do without > this listserv. > > Rosemary > > **************************************** > Rosemary Alexander > Assistant Director, Office of Research Administration > Case Western Reserve University > > xxxxxx@po.cwru.edu > Phone: 216-368-2008 > Fax: 216-368-4679 > > ====================================================================== > Instructions on how to use the RESADM-L Mailing List, including > subscription information and a web-searchable archive, are available > via our web site at http://www.hrinet.org (click on "Listserv Lists") > ====================================================================== -- Stephen Erickson, Director Office of Research Administration Boston College McGuinn Hall 600 Chestnut Hill, MA 02467 Telephone: 617-552-3345 On-Campus Fax: 2-0747 Fax to my computer: 413-895-8328 ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ====================================================================== ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ======================================================================