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

FAR 44.202-1 Responsibilities.

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 assigns who is responsible for consenting to subcontracts and what that review involves. It also clarifies that naming a subcontractor during negotiations does not by itself meet the advance notification or consent requirements of the clause at 52.244-2. This matters because it tells contractors who reviews proposed subcontracts and that negotiation-time designations are not automatically sufficient.

Applies to: Contracting officers and administrative contracting officers handling consent to subcontracts

What it requires

  • The contracting officer responsible for consent shall review the contractor's notification and supporting data to ensure the proposed subcontract is appropriate for the risks involved and consistent with current policy and sound business judgment.
  • If the contracting officer determines that advance notification or consent requirements were satisfied for certain subcontracts evaluated during negotiations, the contracting officer shall identify those subcontracts in paragraph (j) of the clause at 52.244-2.

Key terms: cognizant administrative contracting officer (ACO) · consent to subcontracts · contracting officer · advance notification · 52.244-2

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

The text

(a) The cognizant administrative contracting officer (ACO) is responsible for consent to subcontracts, except when the contracting officer retains the contract for administration or withholds the consent responsibility from delegation to the ACO. In such cases, the contract administration office should assist the contracting office in its evaluation as requested.

(b) The contracting officer responsible for consent shall review the contractor's notification and supporting data to ensure that the proposed subcontract is appropriate for the risks involved and consistent with current policy and sound business judgment.

(c) Designation of specific subcontractors during contract negotiations does not in itself satisfy the requirements for advance notification or consent pursuant to the clause at 52.244-2. However, if, in the opinion of the contracting officer, the advance notification or consent requirements were satisfied for certain subcontracts evaluated during negotiations, the contracting officer shall identify those subcontracts in paragraph (j) of the clause at 52.244-2.

Sections it refers to

← 44.202 Contracting officer's evaluation. · 44.202-2 Considerations. →

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 44.202-1 Responsibilities · SpendQuery