[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: 48CFR44.204]

[Page 800-801]
 
            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.  44.204  Contract clauses.

    (a)(1) The contracting officer shall insert the clause at 52.244-2, 
Subcontracts, in solicitations and contracts when contemplating--
    (i) A cost-reimbursement contract;
    (ii) A letter contract that exceeds the simplified acquisition 
threshold;
    (iii) A fixed-price contract that exceeds the simplified acquisition 
threshold under which unpriced contract actions (including unpriced 
modifications or unpriced delivery orders) are anticipated;
    (iv) A time-and-materials contract that exceeds the simplified 
acquisition threshold; or
    (v) A labor-hour contract that exceeds the simplified acquisition 
threshold.
    (2) If a cost-reimbursement contract is contemplated--
    (i) For the Department of Defense, the Coast Guard, and the National 
Aeronautics and Space Administration, the contracting officer shall use 
the clause with its Alternate I; or
    (ii) For civilian agencies other than the Coast Guard and the 
National Aeronautics and Space Administration, the contracting officer 
shall use the clause with its Alternate II.
    (3) Use of this clause is not required in--
    (i) Fixed-price architect-engineer contracts; or
    (ii) Contracts for mortuary services, refuse services, or shipment 
and storage of personal property, when an agency-prescribed clause on 
approval of subcontractors' facilities is required.

[[Page 801]]

    (b) The contracting officer may insert the clause at 52.244-4, 
Subcontractors and Outside Associates and Consultants (Architect-
Engineer Services), in architect-engineer contracts.
    (c) The contracting officer shall, when contracting by negotiation, 
insert the clause at 52.244-5, Competition in Subcontracting, in 
solicitations and contracts when the contract amount is expected to 
exceed the simplified acquisition threshold, unless--
    (1) A firm-fixed-price contract, awarded on the basis of adequate 
price competition or whose prices are set by law or regulation, is 
contemplated; or
    (2) A time-and-materials, labor-hour, or architect-engineer contract 
is contemplated.

[63 FR 34060, June 22, 1998, as amended at 64 FR 51845, Sept. 24, 1999]