FAR 44.000—Scope of part.
Plain-English Summary
FAR 44.000 defines the scope of FAR part 44, which is the part of the FAR that governs subcontracting oversight and contractor purchasing system review. Specifically, it covers policies and procedures for consent to subcontracts, advance notification of subcontracts, and the review, evaluation, and approval of contractors’ purchasing systems. In practice, this section tells contracting officers and contractors when part 44 applies and what subjects it controls, so they know whether subcontract approval or notification is required and whether a contractor’s purchasing system must be examined and approved. It also establishes an important exclusion: the consent and advance notification requirements in subpart 44.2 do not apply to prime contracts for commercial supplies or commercial services acquired under FAR part 12. That exclusion matters because commercial-item contracting is intended to be streamlined, with fewer government-imposed subcontract controls than in noncommercial acquisitions. Overall, this section is a scope statement that frames the rest of part 44 and helps users determine when subcontract oversight rules apply and when they do not.
Key Rules
Part 44 covers subcontract oversight
This part sets the policies and procedures for consent to subcontracts, advance notification of subcontracts, and review, evaluation, and approval of contractor purchasing systems. It is the governing scope statement for those topics.
Consent and notification are addressed here
The section makes clear that subcontract consent and advance notification requirements are part of FAR part 44, specifically subpart 44.2. Users should look to this part for the rules that control those actions.
Purchasing systems are reviewed under part 44
Part 44 also covers how the government reviews, evaluates, and approves a contractor’s purchasing system. This is the framework for assessing whether the contractor’s subcontracting and purchasing controls are adequate.
Commercial-item contracts are excluded
The consent and advance notification requirements of subpart 44.2 do not apply to prime contracts for commercial supplies or commercial services acquired under FAR part 12. This limits government subcontract oversight in commercial acquisitions.
Scope is limited to prime contracts under Part 12
The exclusion applies specifically to prime contracts for commercial supplies or services acquired pursuant to part 12. If the acquisition is not a part 12 commercial acquisition, the subpart 44.2 requirements may still apply depending on the contract and other FAR provisions.
Responsibilities
Contracting Officer
Determine whether FAR part 44 applies to the acquisition, including whether the contract is a commercial-item acquisition under part 12. Apply the consent and advance notification rules only when they are within the scope of part 44 and not excluded by the commercial-item exception.
Contractor
Understand when subcontract consent, advance notification, or purchasing system review requirements may apply to its contracts. Maintain purchasing practices and subcontract management processes that can be reviewed and approved when part 44 applies.
Agency
Implement and administer the policies and procedures for subcontract consent, advance notification, and purchasing system review in accordance with FAR part 44. Ensure acquisition personnel apply the commercial-item exclusion correctly.
Practical Implications
This section is mainly a roadmap: it tells you what part 44 covers before you get into the detailed rules in later subparts.
A common pitfall is assuming all subcontracts require consent or advance notice; for commercial supplies and services acquired under FAR part 12, subpart 44.2 does not apply.
Contracting officers should confirm whether the prime contract is truly a part 12 commercial acquisition before imposing subcontract consent or notification requirements.
Contractors should not treat the commercial-item exclusion as a blanket exemption from all subcontract oversight; it only removes the subpart 44.2 consent and advance-notice requirements, not necessarily all purchasing-system or other contract-specific obligations.
Because part 44 also addresses purchasing system review and approval, contractors with significant subcontracting activity should expect possible scrutiny of their internal purchasing controls even when consent is not required for a particular contract.
Official Regulatory Text
(a) This part prescribes policies and procedures for consent to subcontracts or advance notification of subcontracts, and for review, evaluation, and approval of contractors’ purchasing systems. (b) The consent and advance notification requirements of subpart 44.2 are not applicable to prime contracts for commercial supplies or commercial services acquired pursuant to part 12 .