FAR 44.201—Consent and advance notification requirements.

Consent requirements.

FAR 44.201-1 explains when a prime contractor must obtain the Government’s consent before placing a subcontract. It covers four main topics: consent requirements for contractors with an approved purchasing system, consent requirements when the contractor does not have an approved purchasing system, special consent treatment for architect-engineer contracts, and the rule that written authorization to buy from Government sources under FAR part 51 counts as consent. In practice, this section is about Government oversight of significant subcontracting decisions, especially where the subcontract is high-value, complex, critical to performance, or otherwise presents risk to the Government. The rule helps the contracting officer protect the Government by reviewing selected subcontract actions before award, rather than after the fact. It also distinguishes between contractors with stronger purchasing systems, who generally need consent only for specifically identified subcontracts, and contractors without approved systems, who face broader consent requirements. For contractors, this section affects procurement planning, schedule, and internal approval workflows; for contracting officers, it is a tool for targeted surveillance and risk control.

Advance notification requirements.

FAR 44.201-2 explains when a contractor on a cost-reimbursement contract must give the contracting officer advance notice before placing certain subcontracts. It covers two separate statutory regimes: one for DoD, the Coast Guard, and NASA under 10 U.S.C. 3322(c), and one for civilian agencies under 41 U.S.C. 3905. The section focuses on two subcontract types—cost-plus-fixed-fee subcontracts and large fixed-price subcontracts—and uses dollar thresholds tied to the simplified acquisition threshold and, in some cases, 5 percent of the total estimated cost of the prime contract. It also distinguishes between contractors with and without an approved purchasing system, which matters for DoD, Coast Guard, and NASA contracts but not for civilian agency contracts under this rule. In practice, this requirement gives the government visibility into significant subcontract commitments before they are awarded, so the contracting officer can review risk, pricing, and subcontracting decisions that may affect contract performance and cost control.