Lower Tier Subcontractor Data Rights Assertions

Started by OuterSpace · Jun 4, 2025 · 2 replies

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    OuterSpace

    Jun 4, 2025 · 1y ago

    Original post

    I am a Contract Administrator. My company received a FFP subcontract under a major prime, and we subcontractors under us as well. During the course of performance, we've had to go to new lower tier subcontractors, and these lower-tier subs have submitted Data Rights Assertions to our Subcontract Administrator. Do I submit these upwards to the Prime?

  2. C

    C Culham

    Jun 5, 2025 · 1y ago

    @OuterSpace I am going to guess that you have read your "OTA subcontract" and have found no language in it to address your question. If my guess is correct the company that issued the OTA subcontract is the only entity that can answer your question.

    Additional thought -

    You use the term "OTA subcontract", are you sure you mean to make this distinction? Knowing this may or may not change my response.

  3. N

    Neil Roberts

    Jun 18, 2025 · 11mo ago · edited 11mo ago

    The terms of your contract with your customer and your supplier determine the answer to your question. I did not see anything in your post that leads me to believe there that your company holds an OTA subcontract, but my answer is still the same. In the event that you are unsure, you may decide to flow the information to your customer because generally, that usually isn't harmful. However you should be prepared for a potential question from your customer as to what contract clause is leading you to believe it is required to be flowed up to your customer.

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