[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 824-825]

 

            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

 

44.204  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



[[Page 825]]



    (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.

    (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]