52.244-4 Subcontractors and Outside Associates and Consultants (Architect-Engineer Services)
Source: FAR 52.244-4 on acquisition.gov
Contractors must use only pre-approved subcontractors and consultants for architect-engineer services and obtain written consent from the Contracting Officer for any substitutions.
Overview
This clause applies to architect-engineer (A-E) service contracts and restricts the use of subcontractors, outside associates, and consultants to those specifically identified and agreed upon during contract negotiations. Any changes or substitutions to these parties after award require the written consent of the Contracting Officer. The intent is to ensure that only vetted and approved individuals or firms participate in the contract's execution, maintaining quality and accountability in A-E services.
Key Rules
- Pre-Identified Subcontractors and Consultants
- Only subcontractors, associates, or consultants named and agreed to during negotiations may be used for contract performance.
- Written Consent for Substitutions
- The Contractor must obtain written approval from the Contracting Officer before substituting any of the pre-approved subcontractors, associates, or consultants.
Responsibilities
- Contracting Officers: Must review and approve any proposed substitutions in writing.
- Contractors: Must use only those subcontractors and consultants agreed upon during negotiations and seek written consent for any changes.
- Agencies: Ensure compliance with the clause and maintain oversight of approved parties.
Practical Implications
- This clause exists to maintain control over the qualifications and integrity of personnel performing A-E services.
- Contractors must carefully manage their teams and plan for contingencies, as substitutions are not automatic and require formal approval.
- Failure to comply can result in contract disputes or performance issues, making documentation and communication with the Contracting Officer critical.
As prescribed in 44.204(b), insert the following clause:
Subcontractors and Outside Associates and Consultants (Architect-Engineer Services) (Aug 1998)
Any subcontractors and outside associates or consultants required by the Contractor in connection with the services covered by the contract will be limited to individuals or firms that were specifically identified and agreed to during negotiations. The Contractor shall obtain the Contracting Officer’s written consent before making any substitution for these subcontractors, associates, or consultants.
(End of clause)