[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR44.202-2]

[Page 801]
 
            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
 
Sec. 44.202-2  Considerations.

    (a) The contracting officer responsible for consent must, at a 
minimum, review the request and supporting data and consider the 
following:
    (1) Is the decision to subcontract consistent with the contractor's 
approved make-or-buy program, if any (see 15.407-2)?
    (2) Is the subcontract for special test equipment or facilities that 
are available from Government sources (see subpart 45.3)?
    (3) Is the selection of the particular supplies, equipment, or 
services technically justified?
    (4) Has the contractor complied with the prime contract requirements 
regarding--
    (i) Small business subcontracting, including, if applicable, its 
plan for subcontracting with small, veteran-owned, service-disabled 
veteran-owned, HUBZone, small disadvantaged and women-owned small 
business concerns (see part 19); and
    (ii) Purchase from nonprofit agencies designated by the Committee 
for Purchase From People Who Are Blind or Severely Disabled (Javits-
Wagner-O'Day Act (JWOD) (41 U.S.C. 48))(see part 8)?
    (5) Was adequate price competition obtained or its absence properly 
justified?
    (6) Did the contractor adequately assess and dispose of 
subcontractors' alternate proposals, if offered?
    (7) Does the contractor have a sound basis for selecting and 
determining the responsibility of the particular subcontractor?
    (8) Has the contractor performed adequate cost or price analysis or 
price comparisons and obtained accurate, complete, and current cost or 
pricing data, including any required certifications?
    (9) Is the proposed subcontract type appropriate for the risks 
involved and consistent with current policy?
    (10) Has adequate consideration been obtained for any proposed 
subcontract that will involve the use of Government-furnished 
facilities?
    (11) Has the contractor adequately and reasonably translated prime 
contract technical requirements into subcontract requirements?
    (12) Does the prime contractor comply with applicable cost 
accounting standards for awarding the subcontract?
    (13) Is the proposed subcontractor on the List of Parties Excluded 
from Federal Procurement and Nonprocurement Programs (see subpart 9.4)?
    (b) Particularly careful and thorough consideration under paragraph 
(a) above is necessary when--
    (1) The prime contractor's purchasing system or performance is 
inadequate;
    (2) Close working relationships or ownership affiliations between 
the prime and subcontractor may preclude free competition or result in 
higher prices;
    (3) Subcontracts are proposed for award on a non-competitive basis, 
at prices that appear unreasonable, or at prices higher than those 
offered to the Government in comparable circumstances; or
    (4) Subcontracts are proposed on a cost-reimbursement, time-and-
materials, or labor-hour basis.

[48 FR 42388, Sept. 19, 1983, as amended at 60 FR 33066, June 26, 1995; 
60 FR 48264, Sept. 18, 1995; 62 FR 51271, Sept. 30, 1997; 63 FR 34060, 
June 22, 1998; 66 FR 65368, Dec. 18, 2001]