We sell HVAC parts, equipment and supplies to federal contactors, but we do not install, repair or manufacture what we sell. Does Exec. Order 13496 with its posting requirement apply to us?
It depends on whether the sale of parts and equipment to a prime contractor is a subcontract of the government contract. Under the rule, subcontracts are any agreement or arrangement between a contractor and any person
for the purchase, sale or use of personal property or non-personal services that, in whole or in part, is necessary to the performance of any one or more contracts;
Under which any portion of the contractor’s obligation under any one or more contracts is performed, undertaken or assumed.