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PART_44 updated: 64 lines added, 1 lines removed

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-Part 44 - Subcontracting Policies and Procedures .................................................................. 108+Part 44 - Subcontracting Policies and Procedures
+FC 44.000 Scope.
+Small business subcontracting plan requirements and policies are not covered in FAR part 44,
+as they are addressed in FAR part 19.
+FC 44.000(b) Notice and consent requirements under commercial contracts.
+Because the consent and advance notification requirements in FAR subpart 44.2 do not apply to
+prime contracts involving commercial products or commercial services, the clauses outlined in
+that subpart (e.g., FAR 52.244-2, Subcontracts), are generally not applicable to prime contracts
+for commercial products or commercial services, regardless of contract type.
+FAR clause 52.244-6, Subcontracts for Commercial Products and Commercial Services,
+prescribed in FAR 12.205(b)(2), Table 12-3, and FAR 44.403, does not impose consent or
+notice requirements on the prime contractor. If maintaining specific major subcontractors
+identified in the proposal or quotation is crucial to the performance of the contract (e.g.,
+commercial time-and-material contracts), the contracting officer may want to consider
+incorporating relevant consent or notification requirements into the contract or order.
+FC 44.201-1 Consent requirements.
+The contracting officer may require consent to subcontract even when the contractor has an
+approved purchasing system. This is done to protect the government. Such subcontracts may
+include critical systems, subsystems, components, or services. These can be identified by
+subcontract number or by class of items (e.g., subcontracts for engines on a prime contract for
+airframes).
+Consent may be required for subcontracts under prime contracts for architect-engineer services.
+The contracting officer’s written authorization for the contractor to purchase from government
+sources (see FAR part 8) constitutes consent.
+108
+Federal Acquisition Regulation (FAR) Companion
+FC 44.201-3 Contracting officer’s evaluation considerations.
+When consenting to a subcontract, the contracting officer should review the request and
+supporting data, considering:
+● Consistency with the contractor’s make-or-buy program (FAR 15.405-2).
+● Availability of special test equipment, equipment, or real property from government
+sources.
+● Technical justification for selecting supplies, equipment, or services.
+● Contractor compliance with prime contract requirements for small business
+subcontracting (FAR part 19) and purchases from nonprofit agencies for the blind or
+severely disabled (FAR part 8).
+● Adequacy of price competition or justified absence thereof.
+● Assessment and disposal of alternate proposals.
+● Sound basis for selecting and determining subcontractor responsibility.
+● Adequate cost/price analysis and obtaining certified/other than certified cost or pricing
+data.
+● Appropriateness of proposed subcontract type for risks and policy.
+● Adequate consideration for subcontracts using government-provided equipment/real
+property.
+● Accurate translation of prime contract technical requirements.
+● Compliance with applicable cost accounting standards.
+● Subcontractor exclusion status in System for Award Management (FAR subpart 9.4).
+FC 44.301 Extent of contractor purchasing system reviews.
+A contractor purchasing system review (CPSR) requires an evaluation of the contractor’s
+purchasing system. Unless segregation of subcontracts is impracticable, this evaluation should
+not include subcontracts awarded by the contractor exclusively in support of government
+contracts that are competitively awarded firm-fixed-price, competitively awarded fixed-price with
+economic price adjustment, or awarded for commercial products and commercial services
+pursuant to FAR part 12. The considerations listed above (see FC44.201-3) should also be
+used to evaluate the contractor’s purchasing system, including the contractor’s policies,
+procedures, and performance under that system. Special attention should be given to–
+● The results of market research accomplished;
+● The degree of price competition obtained;
+● Pricing policies and techniques, including methods of obtaining certified cost or pricing
+data, and data other than certified cost or pricing data;
+● Methods of evaluating subcontractor responsibility, including the contractor’s use of the
+System for Award Management Exclusions (see FAR part 9) and, if the contractor has
+subcontracts with parties on the Exclusions list, the documentation, systems, and
+procedures the contractor has established to protect the government’s interests (see