Sign In
  • Question

    Under FAR 31.205-26(e) are interorganizational transfers technically considered a "subcontract" and subject to FAR rules governing subcontracts, e.g. Consent to Subcontracts (FAR 44.2)? Definition of subcontract is not found in FAR 2.101.


    Answer

    FAR convention 1.108(a) words and terms states "Words or terms defined in a specific part, subpart, section, provision, or clause have that meaning when used in that part, subpart, section, provision, or clause." While subcontract and subcontractor are not defined in FAR part 2, they are defined in FAR 44.101. Refer to these definitions in FAR part 44 that are used for consent to subcontracts to see how they apply to the nuances of your acquisition. 

    FAR 44.201-1(a) states that if the contractor has an approved purchasing system, consent is required for subcontracts specifically identified by the contracting officer in the subcontracts clause of the contract. If the contractor does not have an approved purchasing system, then consent to subcontract is required in those instances detailed in FAR 44.201-1(b). 

    Open full Question Details
Chat with DAU Assistant
Bot Image