[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 823-824]

 

            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

 

44.202-2  Considerations.



    (a) The contracting officer responsible for consent must, at a 

minimum, review the request and supporting data and consider the 

following:

    (1) Is the decision to subcontract consistent with the contractor's 

approved make-or-buy program, if any (see 15.407-2)?

    (2) Is the subcontract for special test equipment or facilities that 

are available from Government sources (see subpart 45.3)?

    (3) Is the selection of the particular supplies, equipment, or 

services technically justified?

    (4) Has the contractor complied with the prime contract requirements 

regarding--

    (i) Small business subcontracting, including, if applicable, its 

plan for subcontracting with small, veteran-owned, service-disabled 

veteran-owned, HUBZone, small disadvantaged and women-owned small 

business concerns (see part 19); and

    (ii) Purchase from nonprofit agencies designated by the Committee 

for Purchase From People Who Are Blind or Severely Disabled (Javits-

Wagner-O'Day Act (JWOD) (41 U.S.C. 48))(see part 8)?

    (5) Was adequate price competition obtained or its absence properly 

justified?

    (6) Did the contractor adequately assess and dispose of 

subcontractors' alternate proposals, if offered?

    (7) Does the contractor have a sound basis for selecting and 

determining the responsibility of the particular subcontractor?

    (8) Has the contractor performed adequate cost or price analysis or 

price comparisons and obtained accurate, complete, and current cost or 

pricing data, including any required certifications?

    (9) Is the proposed subcontract type appropriate for the risks 

involved and consistent with current policy?

    (10) Has adequate consideration been obtained for any proposed 

subcontract that will involve the use of Government-furnished 

facilities?

    (11) Has the contractor adequately and reasonably translated prime 

contract technical requirements into subcontract requirements?

    (12) Does the prime contractor comply with applicable cost 

accounting standards for awarding the subcontract?

    (13) Is the proposed subcontractor in the Excluded Parties List 

System (see subpart 9.4)?



[[Page 824]]



    (b) Particularly careful and thorough consideration under paragraph 

(a) above is necessary when--

    (1) The prime contractor's purchasing system or performance is 

inadequate;

    (2) Close working relationships or ownership affiliations between 

the prime and subcontractor may preclude free competition or result in 

higher prices;

    (3) Subcontracts are proposed for award on a non-competitive basis, 

at prices that appear unreasonable, or at prices higher than those 

offered to the Government in comparable circumstances; or

    (4) Subcontracts are proposed on a cost-reimbursement, time-and-

materials, or labor-hour basis.



[48 FR 42388, Sept. 19, 1983, as amended at 60 FR 33066, June 26, 1995; 

60 FR 48264, Sept. 18, 1995; 62 FR 51271, Sept. 30, 1997; 63 FR 34060, 

June 22, 1998; 66 FR 65368, Dec. 18, 2001; 69 FR 76349, Dec. 20, 2004]