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6.7 Subcontracting Guidelines

6.7.1 General

6.7.1.a Requirements

1. When a contract contains Clause B-18, Subcontracts, the supplier must notify the contracting officer in advance of its intent to subcontract. The supplier may enter into a subcontract unless notice of disapproval is received from the contracting officer within 15 days from the date the contracting officer was notified.

2. The purchase team, represented by the contracting officer, must:

(a) Promptly evaluate supplier notices of intent to subcontract;

(b) Obtain assistance in this evaluation, as necessary, from subcontracting, audit, pricing, technical, or other specialists; and

(c) Have the contracting officer notify the supplier in writing if the subcontract is disapproved.

6.7.1.b Considerations

1. The purchase team must review the notice of intent to subcontract and any supporting data and should consider the following:

(a) Is the subcontractor to acquire special test equipment or facilities that are available from Postal Service sources?

(b) Is the selection of the particular supplies, equipment, or services technically justified?

(c) Was adequate price competition obtained or its absence justified?

(d) Did the supplier adequately assess its subcontractor's alternate proposals?

(e) Does the supplier have a sound basis for selecting and determining the capability of the subcontractor?

(f) Has the supplier performed adequate price or cost analysis?

(g) Is the proposed subcontract type appropriate for the risks involved and consistent with current policy?

(h) Will subcontractors be working in Postal Service-furnished facilities?

(i) Has the supplier adequately and reasonably translated prime contract technical requirements into subcontract requirements?

(j) Is the proposed subcontractor on the Postal Service's consolidated list of debarred, suspended, and ineligible suppliers?

2. Particularly careful and thorough consideration is necessary when:

(a) The prime supplier's purchasing system or performance is inadequate;

(b) Close working relationships or ownership affiliation between the prime and subcontractor may preclude free competition or result in higher prices;

(c) Noncompetitive subcontracts are proposed at prices that appear unreasonable, or higher than those offered the Postal Service in comparable circumstances; or

(d) Subcontracts are proposed that are not fixed-price.

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6.7.2 Limitations

6.7.2.a Lack of Disapproval. Lack of disapproval of a subcontract does not constitute a determination of the acceptability of the subcontract terms or price, or of the allowability of costs.

6.7.2.b Disapproval to Avoid Disputes. Subcontracts should not be disapproved merely because they give the subcontractor the right to appeal a dispute to the Board of Contract Appeals in the name of the prime supplier.

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