Fun with the FAR Part 44

1. The subcontractor consent and advance notification requirements in Subpart 44.2 are not applicable to prime contracts for commercial items acquired pursuant to Part 12. FAR 44.000.

2. When required, subcontract consent should be requested from the contracting officer prior to execution of the subcontract. Such consent must always be in writing. FAR 44.201-1.

3. A contracting officer’s consent to subcontract or approval of the contractor’s purchasing system does not constitute a determination of the acceptability of the subcontract terms or price, or of the allowability of costs, unless the consent or approval specifies otherwise. FAR 44.204(a).

4. As a matter of law, non-commercial prime contractors are only required to flow-down to its commercial item subcontractors those special clauses identified at FAR 52.244-6(c)(1).

5. While not required, prime contractors may also flow-down to commercial item subcontractors a minimal number of additional prime contract clauses necessary to satisfy its contractual obligations. FAR 52.244-6(c)(2).

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