FAR 44.202-1—Responsibilities.
Plain-English Summary
FAR 44.202-1 assigns responsibility for reviewing and approving certain subcontract actions, with a focus on who has authority to grant consent to subcontract and how that authority is exercised. It addresses the role of the cognizant administrative contracting officer (ACO), the circumstances in which the contracting officer keeps or withholds that responsibility, and the need for the contract administration office to assist when asked. It also explains what the contracting officer must evaluate when consent is required: the contractor’s notification and supporting data, the risks involved in the proposed subcontract, and whether the action is consistent with current policy and sound business judgment. Finally, it clarifies that simply naming a subcontractor during negotiations does not automatically satisfy the advance notification or consent requirements of FAR 52.244-2, while allowing the contracting officer to recognize specific subcontracts as already evaluated if those requirements were effectively met during negotiations. In practice, this section is about making sure subcontract consent decisions are made by the right official, based on a meaningful review, and documented clearly so there is no confusion later about whether consent was required or already satisfied.
Key Rules
ACO Usually Has Consent Authority
The cognizant ACO is normally responsible for consenting to subcontracts. This centralizes subcontract consent in the contract administration function unless the contracting officer keeps the authority or specifically withholds it from delegation.
CO May Retain Authority
The contracting officer can retain administration of the contract or withhold consent responsibility from delegation to the ACO. When that happens, the contracting officer remains the decision-maker for subcontract consent.
Administration Office Assists When Asked
If the contracting officer retains consent responsibility, the contract administration office should assist the contracting office in evaluating the subcontract when requested. This support role helps ensure the decision is informed by administrative and technical insight.
Consent Review Must Be Substantive
The responsible contracting officer must review the contractor’s notification and supporting data to determine whether the proposed subcontract is appropriate for the risks involved and consistent with current policy and sound business judgment. Consent is not a formality; it requires an actual judgment based on the facts provided.
Negotiation Does Not Equal Consent
Identifying a subcontractor during contract negotiations does not by itself satisfy the advance notification or consent requirements of FAR 52.244-2. Separate compliance with the clause is still required unless the contracting officer determines otherwise.
CO May Recognize Prior Evaluation
If the contracting officer believes the advance notification or consent requirements were satisfied for certain subcontracts evaluated during negotiations, the contracting officer must identify those subcontracts in paragraph (j) of FAR 52.244-2. This creates a clear record of which subcontracts are exempt from later notice or consent.
Responsibilities
Cognizant Administrative Contracting Officer (ACO)
Normally handle consent to subcontracts for the contract administration office, unless the contracting officer retains the contract for administration or withholds delegation of consent authority. When responsible, review subcontract submissions and decide whether consent is appropriate.
Contracting Officer
Retain or withhold consent authority when appropriate, review the contractor’s notification and supporting data, and determine whether the proposed subcontract fits the risks, current policy, and sound business judgment. If certain subcontracts were adequately evaluated during negotiations, identify them in paragraph (j) of FAR 52.244-2.
Contract Administration Office
Assist the contracting office in evaluating proposed subcontracts when the contracting officer retains consent responsibility and requests support. Provide administrative input and other relevant information to help inform the consent decision.
Contractor
Submit the required notification and supporting data for subcontracts that require consent under FAR 52.244-2, and ensure the submission is sufficient for the government to assess risk and policy compliance.
Practical Implications
Contractors should not assume that discussing a subcontractor during negotiations eliminates the need for later consent or notice; if the clause applies, the contractor still needs to follow it unless the contracting officer clearly documented an exception.
Contracting officers should make sure the record shows who has consent authority, especially when administration is retained or delegation is limited, to avoid disputes over who may approve the subcontract.
A consent review should focus on risk, policy, and business judgment, so incomplete contractor submissions can delay approval or lead to disapproval.
If a subcontract was effectively vetted during negotiations, the contracting officer should document that in paragraph (j) of FAR 52.244-2; otherwise, later confusion may arise about whether consent was already satisfied.
Contract administration staff should be prepared to support the contracting office with factual and technical input, but they should not assume they have final authority unless that authority has been delegated.
Official Regulatory Text
(a) The cognizant administrative contracting officer (ACO) is responsible for consent to subcontracts, except when the contracting officer retains the contract for administration or withholds the consent responsibility from delegation to the ACO. In such cases, the contract administration office should assist the contracting office in its evaluation as requested. (b) The contracting officer responsible for consent shall review the contractor’s notification and supporting data to ensure that the proposed subcontract is appropriate for the risks involved and consistent with current policy and sound business judgment. (c) Designation of specific subcontractors during contract negotiations does not in itself satisfy the requirements for advance notification or consent pursuant to the clause at 52.244-2 . However, if, in the opinion of the contracting officer, the advance notification or consent requirements were satisfied for certain subcontracts evaluated during negotiations, the contracting officer shall identify those subcontracts in paragraph (j) of the clause at 52.244-2 .