FAR 52.244-2 — Subcontracts
This clause requires prime contractors to obtain contracting officer consent before entering into certain subcontracts, particularly cost-reimbursement, time-and-materials, or high-value fixed-price subcontracts, unless the prime has an approved purchasing system.
- Clause
- FAR 52.244-2
- Applies to
- Cost-reimbursement and certain other contracts
- Flows down to subs
- Yes
- Primary risk
- Unauthorized subcontract consent failures
Key takeaways
- Read the clause as incorporated in your contract — tailoring and alternates change obligations.
- Flowdown obligations are your responsibility; a noncompliant subcontractor is your problem.
- Document compliance contemporaneously; after-the-fact reconstruction rarely satisfies auditors.
- When a clause is unclear, ask the contracting officer in writing before award, not after.
What the clause requires
Consent is generally required for cost-reimbursement subcontracts, subcontracts over the simplified acquisition threshold under certain contract types, and subcontracts for special test equipment or similar categories identified in the clause. An approved purchasing system can reduce or eliminate individual consent requirements.
How to comply in practice
Identify early which planned subcontracts trigger consent, submit the required subcontract information package to the contracting officer well before you need to execute, and pursue an approved purchasing system if your subcontracting volume is high.
Common mistakes
Contractors execute a subcontract requiring consent before receiving it, then face disallowed costs or contract administration disputes when the consent surfaces after the fact during an audit.
FAQ
What is an approved purchasing system?
A government-reviewed procurement system, meeting FAR criteria, that can reduce the need for individual subcontract consents.
Which subcontracts need consent?
Generally cost-reimbursement subcontracts and certain high-value or specified categories identified in the clause.
What happens without consent?
Costs under a subcontract requiring consent may be questioned or disallowed by the government.
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