44.000
Scope of part
FAR 44.000 defines when subcontracting consent and purchasing system review requirements apply, excluding commercial item contracts under Part 12 from certain oversight.
Overview
FAR 44.000 establishes the scope of Part 44, which sets forth the policies and procedures for obtaining consent to subcontracts, providing advance notification of subcontracts, and reviewing, evaluating, and approving contractors’ purchasing systems. It clarifies that these requirements generally apply to government contracts, but specifically excludes prime contracts for commercial supplies or services acquired under FAR Part 12 from the consent and advance notification requirements of Subpart 44.2. This section serves as the foundational guideline for understanding when and how subcontracting oversight applies in federal acquisitions.
Key Rules
- Consent and Advance Notification
- Policies and procedures for obtaining government consent to subcontracts and providing advance notification are established in this part.
- Purchasing System Review
- Procedures for the review, evaluation, and approval of contractors’ purchasing systems are included.
- Exclusion for Commercial Items
- Consent and advance notification requirements do not apply to prime contracts for commercial supplies or services under FAR Part 12.
Responsibilities
- Contracting Officers: Must ensure compliance with consent, notification, and purchasing system review requirements, except for commercial item contracts under Part 12.
- Contractors: Required to follow consent and notification procedures unless exempted by commercial item status.
- Agencies: Oversee and enforce compliance with these subcontracting policies and procedures.
Practical Implications
- This section clarifies when subcontracting oversight applies, helping contractors and contracting officers determine if consent or notification is required.
- It prevents unnecessary administrative burden for commercial item contracts, streamlining procurement for those acquisitions.
- Misunderstanding the scope can lead to noncompliance or unnecessary process steps.