Overview
This section outlines the protocols for postaward conferences involving subcontractors, emphasizing that the prime contractor maintains primary responsibility for these meetings while the Government maintains a limited, formal role.
Key Rules
- Primary Responsibility: The prime contractor is responsible for conducting conferences with its subcontractors, though the Government may request a conference or be invited to attend.
- Privity of Contract: Government representatives must acknowledge the lack of a direct legal relationship (privity) with subcontractors and avoid interfering in the prime-subcontractor relationship.
- Prohibition on Direct Action: Government personnel are prohibited from taking any actions that alter subcontracts or are inconsistent with existing subcontract terms.
- Formal Communication for Changes: Any changes to the prime contract resulting from a subcontractor conference must be issued as written direction from the Contracting Officer to the prime contractor.
- Administrative Attendance: The prime contractor is expected to invite representatives from relevant contract administration offices to these meetings.
Practical Implications
- Chain of Command: Government personnel must exercise caution during meetings to avoid giving direct instructions to subcontractors, which helps prevent "constructive changes" and unauthorized commitments.
- Prime Accountability: Prime contractors must act as the sole formal interface between the Government and the supply chain to ensure all contractual modifications are properly documented through the Contracting Officer.