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Expert Analysis

Another Stab At Limiting Pass-Through Subcontracting

Law360, New York (February 26, 2013, 12:59 PM EST) -- The road to procurement hell is paved with congressional good intentions. Or at least, it would be if those good intentions actually were carried out. And so it goes with Section 802 of the 2013 National Defense Authorization Act, a provision that, when reduced to actual regulations, will require the contracting officer to consider contracting directly with subcontractors who perform more than 70 percent of the total cost of work under a prime contract. Under NDAA § 802, whenever an offeror informs the agency that it intends to award subcontracts for more than 70 percent of the total cost of work, the contracting officer would be required to:...

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