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FAR and DFARS › FAR Part 44: Subcontracting Policies and Procedures › Subpart 44.2

FAR 44.201-2 Advance notification requirements.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section requires contractors on cost-reimbursement contracts to notify the contracting officer before awarding certain subcontracts. The specific notification rules depend on the agency and whether the contractor has an approved purchasing system. It matters because failure to notify can affect compliance with statutory requirements.

Applies to: Contractors under cost-reimbursement contracts with the Department of Defense, Coast Guard, NASA, or civilian agencies.

What it requires

  • Notify the contracting officer before awarding a cost-plus-fixed-fee subcontract or a fixed-price subcontract exceeding the specified thresholds.
  • For DoD, Coast Guard, and NASA: notify before award unless the contractor maintains an approved purchasing system.
  • For civilian agencies other than Coast Guard and NASA: notify before award even if the contractor has an approved purchasing system.

Key terms: cost-reimbursement contracts · contracting officer · approved purchasing system · cost-plus-fixed-fee subcontract · simplified acquisition threshold

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

Under cost-reimbursement contracts, the contractor is required by statute to notify the contracting officer as follows:

(a) For the Department of Defense, the Coast Guard, and the National Aeronautics and Space Administration, unless the contractor maintains an approved purchasing system, 10 U.S.C. 3322(c) requires notification before the award of any cost-plus-fixed-fee subcontract, or any fixed-price subcontract that exceeds the greater of the simplified acquisition threshold or 5 percent of the total estimated cost of the contract.

(b) For civilian agencies other than the Coast Guard and the National Aeronautics and Space Administration, even if the contractor has an approved purchasing system, 41 U.S.C. 3905 requires notification before the award of any cost-plus-fixed-fee subcontract, or any fixed-price subcontract that exceeds either the simplified acquisition threshold or 5 percent of the total estimated cost of the contract.

← 44.201-1 Consent requirements. · 44.202 Contracting officer's evaluation. →

Rule changes for FAR Part 44

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 44.201-2 Advance notification requirements · SpendQuery