Who Is a Subcontractor Under a Federal Government Contract?
Recently, clients have asked if they or a vendor or supplier are a “subcontractor” under a federal government contract. Sometimes the answer is easy—e.g., you are a subcontractor when a prime contractor contracts directly with a vendor or supplier (hereinafter “vendor”) to perform a federal contract. But the lines become less clear when a prime contractor does not inform the vendor that the subcontract is being entered into in furtherance of a federal government contract or where the vendor supplies goods that the prime contractor uses to perform commercial and government contracts.
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“Who Is a Subcontractor Under a Federal Government Contract?” by Merle M. DeLancey Jr. was published in the May 2019 edition of Pratt’s Government Contracting Law Report (Vol. 5, No. 5), an A.S. Pratt Publication, LexisNexis. Reprinted with permission.
This article was first published in Blank Rome’s Government Contracts Navigator blog in January 2019.