What FAR Part 44 - Subcontracting Policies and Procedures (Consent, CPSR, Make-or-Buy, Commercial Subcontracts) requires
Federal Acquisition Regulation (FAR) Part 44 governs prime contractor subcontracting under federal contracts: Subpart 44.2 (Consent to Subcontracts) requires contracting officer consent under FAR 52.244-2 for subcontracts above the simplified acquisition threshold or 5% of total contract value in cost-reimbursement contracts where the contractor has not received an approved purchasing system; contractors with approved purchasing systems need consent only for subcontracts specifically identified by the contracting officer; the contracting officer evaluates consent requests against criteria in 44.202 including compliance with make-or-buy programs, technical justification, small business requirements, price competition adequacy, subcontractor responsibility, cost analysis, and contract type appropriateness; Subpart 44.3 (Contractor Purchasing System Reviews - CPSR) establishes the CPSR threshold at USD 25 million in annual Government sales (excluding firm-fixed-price commercial item contracts), with reviews conducted at least every three years to determine whether the contractor's purchasing system is adequate to protect Government interests; Subpart 44.4 (Make-or-Buy Programs) requires prime contractors to develop make-or-buy programs for solicitations expected to exceed USD 13.5 million (FAR 44.402), identifying items to be made in-house versus bought from subcontractors with justification; Subpart 44.5 (Subcontracts for Commercial Products or Services) limits required clauses in commercial subcontracts to those required by law or consistent with customary commercial practice.
Pillar: Public Sector & Government Procurement · Authority: Federal Acquisition Regulatory Council (DOD, GSA, NASA) issuing the Federal Acquisition Regulation under 41 USC 1303 and 48 CFR Chapter 1; Small Business Subcontracting Plan requirements under 15 USC 637(d) · Version: 1.0.0 · Last updated:
Primary source: https://www.acquisition.gov/far/part-44
SHA-256 integrity: 110f633f91707b1ed8e059cd2cdea756a5e50664fb5094708e75362d6101cbfb
Primary Citations — 6 traced to source
- FAR Part 44 Section 44.201-1 (Consent requirements): 'If the contractor does not have an approved purchasing system, consent to subcontract is required for cost-reimbursement, time-and-materials, or labor-hour contracts, and for unpriced actions (including unpriced modifications and unpriced delivery orders) under fixed-price contracts that exceed the simplified acquisition threshold; under fixed-price contracts in excess of the simplified acquisition threshold, consent is required for (1) Subcontracts identified by the contracting officer as subject to consent; (2) Cost-plus-fixed-fee subcontracts; (3) Fixed-price subcontracts that exceed the greater of the simplified acquisition threshold or 5 percent of the total estimated cost of the contract.'
- FAR Part 44 Section 44.202-2 (Considerations for consent): 'The contracting officer responsible for consent shall review the request and supporting data and consider such factors as whether (1) The decision to subcontract is consistent with the contractor's approved make-or-buy program, if any; (2) The subcontract is for special test equipment, equipment or real property that are available from Government sources; (3) The selection of the particular supplies, equipment, or services is technically justified; (4) The contractor has complied with the prime contractor's responsibilities under the Buy American statute and the Trade Agreements Act; (5) The proposed subcontract is on a competitive basis to the maximum practical extent.'
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