44.202-2 Considerations.
-
(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 contractorâs 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 subcontractorsâ 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) of this section is necessary when--
(1) The prime contractorâs 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.
-
Comments