Providing Consent to Subcontract SOP -- Extramural Standard Operating Procedures -- NIAID Research Funding

Purpose

To authorize subcontractors to furnish supplies or services to prime contractors or other subcontractors.

Procedure

Contracting officers give prime contractors consent to subcontract under specific circumstances outlined in FAR Part 44 -- Subcontracting Policies & Procedures. Though prime contractors and the government have a direct legal relationship, the government does not have such a relationship with subcontractors. Subcontract consent provides permission for parts of the statement of work to be completed through one or more subcontracts.

Contractors

Submit requests to subcontract to contracting officers. The Contractor's Request to Subcontract Checklist identifies the required elements of the request, and a contractor may use it as a tool when submitting the request.
Contractors remain responsible for all work performed by a subcontractor.

Contracting Officers

Forward requests to project officers for review and recommendation (by signature or email) to provide consent.
Receive completed Project Officer's Technical Questionnaires from project officers.
With help from project officers, assist the prime contractor in negotiating technical and cost issues with a proposed subcontractor.
Complete the OA Consent to Subcontract Checklist, which includes the required elements of your review.
Either prepare and issue bilateral modifications giving consent to subcontract on an SF-30, Amendment of Solicitation/Modification of Contract, or prepare and issue a Contracting Officer's Authorization (COA) giving consent to subcontract. A COA may be used only if the contract terms or conditions of the prime contract are not being changed.
For the official file, receive final copies of subcontracts within 30 calendar days after execution and a copy of any subcontract modifications.

Project Officers

Review requests to determine scientific need and ensure all elements (including supplies, equipment, and all services) are technically justified.
Provide recommendation to contracting officer for consent to subcontract.
Ensure that work is within scope of a prime contractor's statement of work and that technical requirements have been adequately translated into the proposed subcontract requirements.
Review the technical capability of proposed subcontractors.
Review cost estimates.
Complete Project Officer's Technical Questionnaire and send it to the contracting officer.
Include a representative of the prime contractor in all correspondence with a subcontractor.

Contacts

See the Office of Acquisitions staff listing for the appropriate contract specialist.

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