FAR and DFARS › FAR Part 44: Subcontracting Policies and Procedures › Subpart 44.2
FAR 44.204 Contract clauses.
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 tells contracting officers which subcontract-related clauses to put into certain solicitations and contracts. It matters to contractors because it determines whether clauses like 52.244-2 (Subcontracts), 52.244-4, or 52.244-5 (Competition in Subcontracting) will appear in their contract, which can affect how they manage subcontracting. The rules depend on contract type and dollar thresholds such as the simplified acquisition threshold.
Applies to: Contracting officers and contractors on certain cost-reimbursement, letter, fixed-price, time-and-materials, labor-hour, and architect-engineer contracts
What it requires
- Insert the clause at 52.244-2, Subcontracts, in solicitations and contracts when contemplating the listed contract types
- For a contemplated cost-reimbursement contract, use the clause with Alternate I for civilian agencies other than the Coast Guard and NASA
- When contracting by negotiation, insert the clause at 52.244-5, Competition in Subcontracting, when the contract amount is expected to exceed the simplified acquisition threshold, unless an exception applies
Key terms: simplified acquisition threshold · cost-reimbursement contract · letter contract · time-and-materials contract · labor-hour contract
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
(a)(1) The contracting officer shall insert the clause at 52.244-2, Subcontracts, in solicitations and contracts when contemplating—
(i) A cost-reimbursement contract;
(ii) A letter contract that exceeds the simplified acquisition threshold;
(iii) A fixed-price contract that exceeds the simplified acquisition threshold under which unpriced contract actions (including unpriced modifications or unpriced delivery orders) are anticipated;
(iv) A time-and-materials contract that exceeds the simplified acquisition threshold; or
(v) A labor-hour contract that exceeds the simplified acquisition threshold.
(2) If a cost-reimbursement contract is contemplated, for civilian agencies other than the Coast Guard and the National Aeronautics and Space Administration, the contracting officer shall use the clause with its Alternate I.
(3) Use of this clause is not required in—
(i) Fixed-price architect-engineer contracts; or
(ii) Contracts for mortuary services, refuse services, or shipment and storage of personal property, when an agency-prescribed clause on approval of subcontractors' facilities is required.
(b) The contracting officer may insert the clause at 52.244-4, Subcontractors and Outside Associates and Consultants (Architect-Engineer Services), in architect-engineer contracts.
(c) The contracting officer shall, when contracting by negotiation, insert the clause at 52.244-5, Competition in Subcontracting, in solicitations and contracts when the contract amount is expected to exceed the simplified acquisition threshold, unless—
(1) A firm-fixed-price contract, awarded on the basis of adequate price competition or whose prices are set by law or regulation, is contemplated; or
(2) A time-and-materials, labor-hour, or architect-engineer contract is contemplated.
Sections it refers to
← 44.203 Consent limitations. · 44.301 Objective. →
Rule changes for FAR Part 44
- Federal Acquisition Regulation: Revolutionary FAR Overhaul Parts 8, 12, 13, 15, 38, 44, and 51 ↗ · proposed 2026-09-18 · comments due 2026-10-19
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.