Subcontracting outside US

The only FAR contract clauses that might govern with whom you can subcontract are FAR 52.209-6, Protecting the Government?s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment, and 52.244-2, Subcontracts. The first thing for you to do is see if either or both of those clauses are in your contract and, if so, see what they say and how they might apply in your case.

Next, see if there is any other clause in the contract that might govern with whom you can subcontract.

Finally, if the work you are doing is sensitive, I suggest that you ask the contracting officer if the agency would have any objection. If he or she tells you no, I suggest that you confirm your communication in writing.

The only FAR contract clauses that might govern with whom you can subcontract are FAR 52.209-6, Protecting the Government?s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment, and 52.244-2, Subcontracts. The first thing for you to do is see if either or both of those clauses are in your contract and, if so, see what they say and how they might apply in your case.

Next, see if there is any other clause in the contract that might govern with whom you can subcontract.

Finally, if the work you are doing is sensitive, I suggest that you ask the contracting officer if the agency would have any objection. If he or she tells you no, I suggest that you confirm your communication in writing.

Thank you Mr. Edwards. We do have the 52.244-2 in our IDIQ Contract, and from the looks of it, we just need to notify the CO if we plan to do this for a Time and Materials task order.

Thank you Mr. Edwards. We do have the 52.244-2 in our IDIQ Contract, and from the looks of it, we just need to notify the CO if we plan to do this for a Time and Materials task order.

Don't forget the consent requirement under 52.244-2 if you do not have an approved purchasing system. Also, it may be possible that the development you are seeking may fall under the International Trafficing in Arms (ITAR) regulations. You need to be senstitive to this possibility.

If you hace any doubt about the propriety of your choice of subcontractors, I believe that you would be wise to discuss it with the CO.

The only FAR contract clauses that might govern with whom you can subcontract are FAR 52.209-6, Protecting the Government?s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment, and 52.244-2, Subcontracts. The first thing for you to do is see if either or both of those clauses are in your contract and, if so, see what they say and how they might apply in your case.

Next, see if there is any other clause in the contract that might govern with whom you can subcontract.

Finally, if the work you are doing is sensitive, I suggest that you ask the contracting officer if the agency would have any objection. If he or she tells you no, I suggest that you confirm your communication in writing.

If you have a contract with a DoD office, look for these DFARS clauses: 252.209-7001, 252.209-7002, and 252.209-7004.

This isn't a FAR or contractual limitation, but you also need to be sensitive to export control requirements. Sending data to a foreign subcontractor (or just giving it to a foreign national in the US to do the work) is considered an export of that data. If it is subject to ITAR, a license is necessary.