1.  Flowdown Requirements Should Mirror Clause

Comments: Respondents were concerned that the proposed rule requires the prime contractor to be responsible for subcontractor personnel, and that the requirements for inclusion in a subcontract are broader than the requirements for including the clause in a prime contract.

Response: The Councils have made changes to clarify the flowdown requirements. First, the definition of "covered employee" has been clarified to indicate that the prime contractor is not responsible for screening subcontractor employees. See also the response to comment B.2., definition of "covered employee." Additionally, the flowdown provision, which stated that the clause should be included in subcontracts that "may" involve performance of certain work in the proposed rule, has been revised to only apply to subcontracts that "will" involve such work, for consistency with the requirements for inclusion in prime contracts.