[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR44]



[Page 822]

 

            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

 

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]