Contractual Flow-Down Clauses: Deterrence to Non-Traditional Defense Contractors from Doing Business with DoD
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Authors
Kaye, Mark F.
Cuda, Daniel L.
Wu, Kevin Y.
Subjects
Advisors
Date of Issue
2018-04-30
Date
04/30/18
Publisher
Monterey, California. Naval Postgraduate School
Language
Abstract
Section 887 of the National Defense Authorization Act (NDAA) for Fiscal Year 2017 directed the Secretary of Defense to conduct a study of contractual flow-down clauses related to major defense acquisition programs (MDAPs) and subcontractors. The MDAP data sample indicates no clear misapplication of flow-down clauses from prime contractors to subcontractors; however, the significant number of flow-down clauses reflects the voluminous nature of the Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS). The existing and growing burden of regulatory compliance will reduce private sector participation in MDAPs, and the possibility exists that in the future, the Department of Defense may not have ready access to advanced technologies and capabilities for MDAPs that reside in the private sector due in part to this regulatory burden.
Type
Presentation
Description
Series/Report No
Department
Organization
Naval Postgraduate School (U.S.)
Identifiers
NPS Report Number
SYM-AM-18-141
Sponsors
Naval Postgraduate School Acquisition Research Program
Funding
Format
Citation
Distribution Statement
Rights
This publication is a work of the U.S. Government as defined in Title 17, United States Code, Section 101. Copyright protection is not available for this work in the United States.
