Comments on: Privity in Subcontracting Revisited http://gov.onvia.com/privity-in-subcontracting-revisited/ Articles and tips on how your business can win more government contracts. Tue, 16 Mar 2010 05:24:08 +0000 http://wordpress.org/?v=2.5.1 By: editor http://gov.onvia.com/privity-in-subcontracting-revisited/#comment-26616 editor Thu, 11 Jun 2009 22:05:43 +0000 http://gov.onvia.com/?p=213#comment-26616 Hi Bill, Without knowing the details of the contract, it's difficult to say - I'd suggest you contact an intellectual property lawyer. Hi Bill,

Without knowing the details of the contract, it’s difficult to say - I’d suggest you contact an intellectual property lawyer.

]]> By: editor http://gov.onvia.com/privity-in-subcontracting-revisited/#comment-26615 editor Thu, 11 Jun 2009 22:03:37 +0000 http://gov.onvia.com/?p=213#comment-26615 Great question, Ed. If the amount of the contract is below $25,000, the government agency should be able to purchase directly from the sub - however, they will need to approach you. When it comes to being paid by the prime, it may be necessary for the sub to take the prime to contracts court in order to ensure the contract is fulfilled. The good news is, the sub still has a record of providing a good and needed service to the agency. When the contract comes up for re-bid, plenty of prime contractors would be happy to partner with that sub to try to win that contract. Great question, Ed. If the amount of the contract is below $25,000, the government agency should be able to purchase directly from the sub - however, they will need to approach you. When it comes to being paid by the prime, it may be necessary for the sub to take the prime to contracts court in order to ensure the contract is fulfilled.

The good news is, the sub still has a record of providing a good and needed service to the agency. When the contract comes up for re-bid, plenty of prime contractors would be happy to partner with that sub to try to win that contract.

]]> By: Ed http://gov.onvia.com/privity-in-subcontracting-revisited/#comment-26479 Ed Sun, 07 Jun 2009 10:50:41 +0000 http://gov.onvia.com/?p=213#comment-26479 If the sub contractor is providing a needed service to the government but is not being paid by the prime (despite the prime being paid by the gov) is there a way for the gov to go straight to the sub so not to lose or interupt the service being provided. If the sub contractor is providing a needed service to the government but is not being paid by the prime (despite the prime being paid by the gov) is there a way for the gov to go straight to the sub so not to lose or interupt the service being provided.

]]> By: Bill http://gov.onvia.com/privity-in-subcontracting-revisited/#comment-26284 Bill Mon, 01 Jun 2009 15:07:44 +0000 http://gov.onvia.com/?p=213#comment-26284 If an "independent contractor" retained by a subcontractor does not have contractual privity with the govt, or even with the prime, can the govt or prime claim ownership of software that was written by the "independent contractor" of the subcontractor (i.e., not an employee of the subcontractor)? To clarify, here are the relationships: Govt>>Prime>>Subcontractor>>Independent Contractor If an “independent contractor” retained by a subcontractor does not have contractual privity with the govt, or even with the prime, can the govt or prime claim ownership of software that was written by the “independent contractor” of the subcontractor (i.e., not an employee of the subcontractor)?

To clarify, here are the relationships:
Govt>>Prime>>Subcontractor>>Independent Contractor

]]> By: editor http://gov.onvia.com/privity-in-subcontracting-revisited/#comment-293 editor Mon, 02 Feb 2009 20:01:31 +0000 http://gov.onvia.com/?p=213#comment-293 Great question, Daniel. I've written a few times on how subcontractors can find government prime contractors to work with. Try reading http://gov.onvia.com/government-prime-contractors/, http://gov.onvia.com/subcontractor-contracts-investigate-locate-more-subcontracting-opportunities/, and http://gov.onvia.com/resources-to-help-you-identify-government-project-primes/. Hope this helps! Great question, Daniel. I’ve written a few times on how subcontractors can find government prime contractors to work with. Try reading http://gov.onvia.com/government-prime-contractors/, http://gov.onvia.com/subcontractor-contracts-investigate-locate-more-subcontracting-opportunities/, and http://gov.onvia.com/resources-to-help-you-identify-government-project-primes/. Hope this helps!

]]> By: daniel http://gov.onvia.com/privity-in-subcontracting-revisited/#comment-269 daniel Fri, 23 Jan 2009 22:26:09 +0000 http://gov.onvia.com/?p=213#comment-269 Where can simple subcontractors pick up a list of the contractors that will be on these jobs doing the work for the goverment, so that they may obtain some of the work...? I do mean, many are bankrupt without file on it. Anotherwords, its a real mess. And needs much more than 800 billion. Where can simple subcontractors pick up a list of the contractors that will be on these jobs doing the work for the goverment, so that they may obtain some of the work…? I do mean, many are bankrupt without file on it. Anotherwords, its a real mess. And needs much more than 800 billion.

]]> By: editor http://gov.onvia.com/privity-in-subcontracting-revisited/#comment-128 editor Wed, 08 Oct 2008 22:38:05 +0000 http://gov.onvia.com/?p=213#comment-128 Unfortunately, a subcontractor will probably not be able to seek recourse from the government. You'll have to take up the contract dispute with the prime contractor, in the same way you would in any other private sector contract dispute. Unfortunately, a subcontractor will probably not be able to seek recourse from the government. You’ll have to take up the contract dispute with the prime contractor, in the same way you would in any other private sector contract dispute.

]]> By: Ken Miller http://gov.onvia.com/privity-in-subcontracting-revisited/#comment-77 Ken Miller Mon, 23 Jun 2008 19:04:22 +0000 http://gov.onvia.com/?p=213#comment-77 What rights does a sub-contractor have when the prime will not pay correct invoices? What rights does a sub-contractor have when the prime will not pay correct invoices?

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