Subpart 44.4
Subcontracts for Commercial Products and Commercial Services
FAR Subpart 44.4 streamlines subcontracting for commercial products and services but requires contractors to include specific clauses and follow consent requirements when applicable.
Overview
FAR Subpart 44.4 establishes the requirements and procedures for managing subcontracts involving commercial products and commercial services under government contracts. Its purpose is to clarify when and how prime contractors must obtain consent for subcontracts, ensure compliance with applicable policies, and specify the use of contract clauses related to commercial subcontracts. This subpart aims to streamline the subcontracting process for commercial items, reflecting the government's preference for commercial solutions while maintaining oversight and accountability.
Key Rules
- Scope and Applicability
- Applies to subcontracts for commercial products and commercial services under government contracts, outlining when these requirements are triggered.
- Policy Requirements
- Establishes that the government generally does not require consent for subcontracts for commercial items, except in specific circumstances outlined in the contract or regulation.
- Contract Clause
- Specifies the inclusion of the appropriate contract clause (FAR 52.244-6) in solicitations and contracts for commercial products and services.
Responsibilities
- Contracting Officers: Must ensure the correct application of consent requirements and inclusion of the proper contract clause.
- Contractors: Must comply with consent requirements when applicable and flow down required clauses to subcontractors.
- Agencies: Oversee compliance and ensure that commercial subcontracting policies are followed.
Practical Implications
- This subpart reduces administrative burdens for commercial subcontracts, but contractors must remain vigilant about exceptions and required clauses.
- Failure to include the correct clause or obtain consent when required can result in noncompliance.
- Understanding when consent is required and which clauses to flow down is critical for both prime contractors and subcontractors.