FAR 52.244-2 Subcontracts. Basic (Jun 2020) (Current)

As prescribed in 44.204 (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.
 

Subcontracts (Jun 2020)

      (a) Definitions. As used in this clause-

     “Approved purchasing system” means a Contractor’s purchasing system that has been reviewed and approved in accordance with part  44 of the Federal Acquisition Regulation (FAR).

     “Consent to subcontract” means the Contracting Officer’s written consent for the Contractor to enter into a particular subcontract.

      Subcontract means any contract, as defined in FAR subpart  2.1, entered into by a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

      (b) When this clause is included in a fixed-price type contract, consent to subcontract is required only on unpriced contract actions (including unpriced modifications or unpriced delivery orders), and only if required in accordance with paragraph (c) or (d) of this clause.

      (c) If the Contractor does not have an approved purchasing system, consent to subcontract is required for any subcontract that-

           (1) Is of the cost-reimbursement, time-and-materials, or labor-hour type; or

           (2) Is fixed-price and exceeds-

                (i) For a contract awarded by the Department of Defense, the Coast Guard, or the National Aeronautics and Space Administration, the greater of the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, or 5 percent of the total estimated cost of the contract; or

                (ii) For a contract awarded by a civilian agency other than the Coast Guard and the National Aeronautics and Space Administration, either the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, or 5 percent of the total estimated cost of the contract.

      (d) If the Contractor has an approved purchasing system, the Contractor nevertheless shall obtain the Contracting Officer’s written consent before placing the following subcontracts:

      ________________________________________________ ________________________________________________ ________________________________________________

 

      (e) (1) The Contractor shall notify the Contracting Officer reasonably in advance of placing any subcontract or modification thereof for which consent is required under paragraph (b), (c), or (d) of this clause, including the following information:

                (i) A description of the supplies or services to be subcontracted.

                (ii) Identification of the type of subcontract to be used.

                (iii) Identification of the proposed subcontractor.

                (iv) The proposed subcontract price.

                (v) The subcontractor’s current, complete, and accurate certified cost or pricing data and Certificate of Current Cost or Pricing Data, if required by other contract provisions.

                (vi) The subcontractor’s Disclosure Statement or Certificate relating to Cost Accounting Standards when such data are required by other provisions of this contract.

                (vii) A negotiation memorandum reflecting-

                     (A) The principal elements of the subcontract price negotiations;

                     (B) The most significant considerations controlling establishment of initial or revised prices;

                     (C) The reason certified cost or pricing data were or were not required;

                     (D) The extent, if any, to which the Contractor did not rely on the subcontractor’s certified cost or pricing data in determining the price objective and in negotiating the final price;

                     (E) The extent to which it was recognized in the negotiation that the subcontractor’s certified cost or pricing data were not accurate, complete, or current; the action taken by the Contractor and the subcontractor; and the effect of any such defective data on the total price negotiated;

                     (F) The reasons for any significant difference between the Contractor’s price objective and the price negotiated; and

                     (G) A complete explanation of the incentive fee or profit plan when incentives are used. The explanation shall identify each critical performance element, management decisions used to quantify each incentive element, reasons for the incentives, and a summary of all trade-off possibilities considered.

           (2) The Contractor is not required to notify the Contracting Officer in advance of entering into any subcontract for which consent is not required under paragraph (b), (c), or (d) of this clause.

      (f) Unless the consent or approval specifically provides otherwise, neither consent by the Contracting Officer to any subcontract nor approval of the Contractor’s purchasing system shall constitute a determination-

           (1) Of the acceptability of any subcontract terms or conditions;

           (2) Of the allowability of any cost under this contract; or

           (3) To relieve the Contractor of any responsibility for performing this contract.

      (g) No subcontract or modification thereof placed under this contract shall provide for payment on a cost-plus-a-percentage-of-cost basis, and any fee payable under cost-reimbursement type subcontracts shall not exceed the fee limitations in FAR 15.404-4(c)(4)(i).

      (h) The Contractor shall give the Contracting Officer immediate written notice of any action or suit filed and prompt notice of any claim made against the Contractor by any subcontractor or vendor that, in the opinion of the Contractor, may result in litigation related in any way to this contract, with respect to which the Contractor may be entitled to reimbursement from the Government.

      (i) The Government reserves the right to review the Contractor’s purchasing system as set forth in FAR subpart  44.3.

      (j) Paragraphs (c) and (e) of this clause do not apply to the following subcontracts, which were evaluated during negotiations:

     ________________________________________________ ________________________________________________ ________________________________________________

(End of clause)
 

NONE

Subcontractor ✖ Architect-Eng ✖ Applies to (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.

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services).

52.222-19 Child Labor-Cooperation with Authorities and Remedies.

52.204-21 Basic Safeguarding of Covered Contractor Information Systems.

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

52.209-13 Violation of Arms Control Treaties or Agreements-Certification.

52.209-14 Reserve Officer Training Corps and Military Recruiting on Campus.

52.212-3 Offeror Representations and Certifications-Commercial Items.

52.212-4 Contract Terms and Conditions-Commercial Items.

52.219-8 Utilization of Small Business Concerns.

52.219-9 Small Business Subcontracting Plan.

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items.

52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items).

52.242-3 Penalties for Unallowable Costs.

52.245-1 Government Property.

52.219-14 Limitations on Subcontracting.

52.219-16 Liquidated Damages-Subcontracting Plan.

52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside.

52.219-28 Post-Award Small Business Program Rerepresentation.

52.219-29 Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns.

52.219-30 Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program.

52.219-33 Nonmanufacturer Rule.

52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products.

52.225-6 Trade Agreements Certificate.

52.225-9 Buy American-Construction Materials.

52.225-13 Restrictions on Certain Foreign Purchases.

52.228-11 Pledges of Assets.

52.204-2 Security Requirements.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items.

52.229-12 Tax on Certain Foreign Procurements.

52.219-1 Small Business Program Representations.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items.

52.225-23 Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials under Trade Agreements.

52.208-8 Required Sources for Helium and Helium Usage Data.

52.209-7 Information Regarding Responsibility Matters.

52.212-4 Contract Terms and Conditions-Commercial Items.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items.

52.219-3 Notice of HUBZone Set-Aside or Sole Source Award.

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns.

52.219-9 Small Business Subcontracting Plan.

52.222-4 Contract Work Hours and Safety Standards -Overtime Compensation.

52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items).

52.219-6 Notice of Total Small Business Set-Aside.

52.219-11 Special 8(a) Contract Conditions.

52.219-12 Special 8(a) Subcontract Conditions.

52.219-13 Notice of Set-Aside of Orders.

52.219-14 Limitations on Subcontracting.

52.219-17 Section 8(a) Award.

52.219-18 Notification of Competition Limited to Eligible 8(a) Concerns

52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside.

52.219-28 Post-Award Small Business Program Rerepresentation.

52.219-29 Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program.

52.219-30 Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program.

52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items).

52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data.

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications.

52.219-9 Small Business Subcontracting Plan.

52.222-50 Combating Trafficking in Persons.

52.225-1 Buy American-Supplies

52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act.

52.225-9 Buy American-Construction Materials.

52.225-11 Buy American-Construction Materials under Trade Agreements.

52.229-13 Taxes—Foreign Contracts in Afghanistan.

52.229-14 Taxes—Foreign Contracts in Afghanistan (North Atlantic Treaty Organization Status of Forces Agreement).

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

52.246-26 Reporting Nonconforming Items.

52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels.

52.222-4 Contract Work Hours and Safety Standards —Overtime Compensation.

52.222-19 Child Labor-Cooperation with Authorities and Remedies.

52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method).

52.222-31 Construction Wage Rate Requirements-Price Adjustment (Percentage Method).

52.222-32 Construction Wage Rate Requirements-Price Adjustment (Actual Method).

52.222-41 Service Contract Labor Standards.

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts).

52.223-11 Ozone-Depleting Substances.

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.

52.225-7 Waiver of Buy American Statute for Civil Aircraft and Related Articles.

52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States.

52.225-26 Contractors Performing Private Security Functions Outside the United States.

52.228-11 Pledges of Assets.

52.228-15 Performance and Payment Bonds-Construction.

52.230-5 Cost Accounting Standards-Educational Institution.

52.234-2 Notice of Earned Value Management System-Preaward Integrated Baseline Review.

52.234-3 Notice of Earned Value Management System-Postaward Integrated Baseline Review.

52.234-4 Earned Value Management System.

52.243-7 Notification of Changes.

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns.

52.219-7 Notice of Partial Small Business Set-Aside.

52.222-55 Minimum Wages Under Executive Order 13658.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services.

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items).

52.222-50 Combating Trafficking in Persons.

52.204-26 Covered Telecommunications Equipment or Services—Representation.

52.248-3 Value Engineering—Construction.

52.204-26 Covered Telecommunications Equipment or Services-Representation.

52.212-3 Offeror Representations and Certifications—Commercial Items.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items.

52.219-1 Small Business Program Representations.

52.219-6 Notice of Total Small Business Set-Aside.

52.219-7 Notice of Partial Small Business Set-Aside.

52.219-28 Post-Award Small Business Program Representation.

52.222-55 Minimum Wages Under Executive Order 13658.

52.209-12 Certification Regarding Tax Matters.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items.

52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items).

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

52.225-1 Buy American-Supplies

52.225-2 Buy American Certificate.

52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act.

52.225-4 Buy American-Free Trade Agreements-Israeli Trade Act Certificate.

52.225-9 Buy American-Construction Materials.

52.225-11 Buy American-Construction Materials under Trade Agreements.

52.225-21 Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials.

52.212-3 Offeror Representations and Certifications-Commercial Items.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items.

52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items).

52.209-13 Violation of Arms Control Treaties or Agreements-Certification.

52.212-3 Offeror Representations and Certifications-Commercial Items.

52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items).

52.223-3 Hazardous Material Identification and Material Safety Data.

52.225-2 Buy American Certificate.

52.225-4 Buy American-Free Trade Agreements-Israeli Trade Act Certificate.

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items).

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

52.209-5 Certification Regarding Responsibility Matters.

52.212-3 Offeror Representations and Certifications—Commercial Items.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items.

52.228-15 Performance and Payment Bonds—Construction.

52.230-1 Cost Accounting Standards Notices and Certification.

52.230-2 Cost Accounting Standards.

52.230-3 Disclosure and Consistency of Cost Accounting Practices.

52.230-4 Disclosure and Consistency of Cost Accounting Practices—Foreign Concerns.

52.230-5 Cost Accounting Standards—Educational Institution.

52.246-26 Reporting Nonconforming Items.

52.248-1 Value Engineering.

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items).

52.214-26 Audit and Records—Sealed Bidding.

52.214-27 Price Reduction for Defective Certified Cost or Pricing Data—Modifications—Sealed Bidding.

52.214-28 Subcontractor Certified Cost or Pricing Data—Modifications—Sealed Bidding.

52.215-2 Audit and Records—Negotiation.

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data—Modifications.

52.215-12 Subcontractor Certified Cost or Pricing Data.

52.209-13 Violation of Arms Control Treaties or Agreements-Certification.

52.215-13 Subcontractor Certified Cost or Pricing Data—Modifications.

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data—Modifications.

52.219-9 Small Business Subcontracting Plan.

52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

52.203-16 Preventing Personal Conflicts of Interest.

52.212-3 Offeror Representations and Certifications—Commercial Items.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items.

52.222-36 Equal Opportunity for Workers with Disabilities.

52.227-1 Authorization and Consent.

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement.

252.225-7051 Prohibition on Acquisition of Certain Foreign Commercial Satellite Services.

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.

252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism.

252.229-7000 Invoices Exclusive of Taxes or Duties.

252.225-7052 Restriction on the Acquisition of Certain Magnets and Tungsten.

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

252.245-7002 Reporting Loss of Government Property.

252.225-7975 Additional Access to Contractor and Subcontractor Records (DEVIATION 2020-O0001)

252.249-7002 Notification of Anticipated Contract Termination or Reduction.

252.225-7012 Preference for Certain Domestic Commodities.

252.227-7037 Validation of Restrictive Markings on Technical Data.

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements.

252.204-7020 NIST SP 800-171 DoD Assessment Requirements.

252.211-7007 Reporting of Government-Furnished Property.

552.215-71 Examination of Records by GSA (Multiple Award Schedule).

552.204-9 Personal Identity Verification Requirements.

552.243-71 Equitable Adjustments.

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