48 CFR §44.202-2
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)The contracting officer responsible for consent must, at a minimum, review the request and supporting data and consider the following:
- (1)Is the decision to subcontract consistent with the contractor's approved make-or-buy program, if any (see 15.407-2)?
- (2)Is the subcontract for special test equipment, equipment or real property that are available from Government sources?
- (3)Is the selection of the particular supplies, equipment, or services technically justified?
- (4)Has the contractor complied with the prime contract requirements regarding—
- (i)Small business subcontracting, including, if applicable, its plan for subcontracting with small, veteran-owned, service-disabled veteran-owned, HUBZone, small disadvantaged and women-owned small business concerns (see part 19); and
- (ii)Purchase from nonprofit agencies designated by the Committee for Purchase From People Who Are Blind or Severely Disabled (41 U.S.C. 8504) (see part 8)?
- (5)Was adequate price competition obtained or its absence properly justified?
- (6)Did the contractor adequately assess and dispose of subcontractors' alternate proposals, if offered?
- (7)Does the contractor have a sound basis for selecting and determining the responsibility of the particular subcontractor?
- (8)Has the contractor performed adequate cost or price analysis or price comparisons and obtained certified cost or pricing data and data other than certified cost or pricing data?
- (9)Is the proposed subcontract type appropriate for the risks involved and consistent with current policy?
- (10)Has adequate consideration been obtained for any proposed subcontract that will involve the use of Government-provided equipment and real property?
- (11)Has the contractor adequately and reasonably translated prime contract technical requirements into subcontract requirements?
- (12)Does the prime contractor comply with applicable cost accounting standards for awarding the subcontract?
- (13)Is the proposed subcontractor listed as excluded in the System for Award Management (see subpart 9.4)?
- (b)Particularly careful and thorough consideration under paragraph (a) above is necessary when—
- (1)The prime contractor's purchasing system or performance is inadequate;
- (2)Close working relationships or ownership affiliations between the prime and subcontractor may preclude free competition or result in higher prices;
- (3)Subcontracts are proposed for award on a non-competitive basis, at prices that appear unreasonable, or at prices higher than those offered to the Government in comparable circumstances; or
- (4)Subcontracts are proposed on a cost-reimbursement, time-and-materials, or labor-hour basis.