[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR44.201-1]

[Page 798]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 44_SUBCONTRACTING POLICIES AND PROCEDURES--Table of Contents
 
                  Subpart 44.2_Consent to Subcontracts
 
Sec.  44.201-1  Consent requirements.

    (a) If the contractor has an approved purchasing system, consent is 
required for subcontracts specifically identified by the contracting 
officer in the subcontracts clause of the contract. The contracting 
officer may require consent to subcontract if the contracting officer 
has determined that an individual consent action is required to protect 
the Government adequately because of the subcontract type, complexity, 
or value, or because the subcontract needs special surveillance. These 
can be subcontracts for critical systems, subsystems, components, or 
services. Subcontracts may be identified by subcontract number or by 
class of items (e.g., subcontracts for engines on a prime contract for 
airframes).
    (b) If the contractor does not have an approved purchasing system, 
consent to subcontract is required for cost-reimbursement, time-and-
materials, labor-hour, or letter contracts, and also for unpriced 
actions (including unpriced modifications and unpriced delivery orders) 
under fixed-price contracts that exceed the simplified acquisition 
threshold, for--
    (1) Cost-reimbursement, time-and-materials, or labor-hour 
subcontracts; and
    (2) Fixed-price subcontracts that exceed--
    (i) For the Department of Defense, the Coast Guard, and the National 
Aeronautics and Space Administration, the greater of the simplified 
acquisition threshold or 5 percent of the total estimated cost of the 
contract; or
    (ii) For civilian agencies other than the Coast Guard and the 
National Aeronautics and Space Administration, either the simplified 
acquisition threshold or 5 percent of the total estimated cost of the 
contract.
    (c) Consent may be required for subcontracts under prime contracts 
for architect-engineer services.
    (d) The contracting officer's written authorization for the 
contractor to purchase from Government sources (see part 51) constitutes 
consent.

[63 FR 34060, June 22, 1998]