Subpart 44.2
Consent to Subcontracts
FAR Subpart 44.2 requires prime contractors to obtain government consent for certain subcontracts to protect government interests and ensure proper oversight.
Overview
FAR Subpart 44.2, "Consent to Subcontracts," establishes the requirements and procedures for obtaining government consent before a prime contractor can enter into certain subcontracts. This subpart outlines when consent or advance notification is required, how contracting officers evaluate subcontract requests, limitations on granting consent, and the relevant contract clauses to be included. The primary goal is to ensure that subcontracting arrangements do not compromise the government's interests, particularly in contracts where there is significant risk or where the contractor lacks an approved purchasing system.
Key Rules
- Consent and Advance Notification Requirements
- Prime contractors must obtain government consent for certain subcontracts, especially when they do not have an approved purchasing system or when required by the contract.
- Contracting Officer’s Evaluation
- The contracting officer reviews proposed subcontracts for compliance, cost, and risk, and may request additional information before granting consent.
- Consent Limitations
- There are specific limitations on when and how consent can be granted, including restrictions based on contract type, value, and contractor performance.
- Contract Clauses
- Contracts must include clauses that specify consent requirements and procedures, ensuring both parties understand their obligations.
Responsibilities
- Contracting Officers: Must evaluate subcontract consent requests, ensure compliance with regulations, and include appropriate clauses in contracts.
- Contractors: Must seek consent or provide advance notification for applicable subcontracts and comply with all related requirements.
- Agencies: Oversee the process to protect government interests and ensure proper subcontracting practices.
Practical Implications
- This subpart exists to mitigate risks associated with subcontracting, such as cost overruns or performance issues.
- It impacts daily contracting by requiring additional oversight and documentation for certain subcontracts.
- Common pitfalls include failing to obtain required consent, incomplete notifications, or misunderstanding when consent is necessary.