Authority/Reference(s)
Revision Date September 7, 2018

POLICY

Subcontractors must meet the same contractual requirements as the primary contractor, and use of a subcontractor does not allow for a waiver or a means around any contractual requirements. Regardless of the existence of a subcontract, the primary contractor remains fully responsible for compliance with and full performance of all its duties and obligations under the original contract with DFPS. Any communication for subcontractors must go through the primary contractor.

Contract divisions must at least annually:

  • Obtain and document a listing of all subcontractors which provide all or part of the services required by the prime contract; and
  • Ensure contractors have documentation of subcontractor insurance and that it be made available to DFPS if requested.

During the management and oversight of the prime contractor’s performance, contract staff must review a contractor’s subcontracting policies and processes to ensure adherence to all contract terms and conditions. Reviews must be documented and maintained as evidence of a division’s due diligence in the management of services under a prime contract.