48 CFR §44.204
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (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—
- (1)The contracting officer shall insert the clause at 52.244-2, Subcontracts, in solicitations and contracts when contemplating—
- (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—