---
kind: "section"
citation: "48 C.F.R. § 44.202-2"
title: "48"
number: "44.202-2"
heading: "Considerations."
url: "https://uscodex.org/cfr/48/44.202-2"
---

# §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 contractor's 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](/cfr/48/part19.md)); 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](/usc/41/8504.md)) (see [part 8](/cfr/48/part8.md))?
  - (5) Was adequate price competition obtained or its absence properly justified?
  - (6) Did the contractor adequately assess and dispose of subcontractors' 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](/cfr/48/subpart9.4.md))?
- (b) **Particularly careful and thorough consideration under paragraph (a) above is necessary when—**
  - (1) The prime contractor's 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.**

## Notes

### Amendments

[48 FR 42388, Sept. 19, 1983, as amended at 60 FR 33066, June 26, 1995; 60 FR 48264, Sept. 18, 1995; 62 FR 51271, Sept. 30, 1997; 63 FR 34060, June 22, 1998; 66 FR 65368, Dec. 18, 2001; 69 FR 76349, Dec. 20, 2004; 72 FR 27385, May 15, 2007; 73 FR 53995, Sept. 17, 2008; 75 FR 53149, Aug. 30, 2010; 78 FR 37680, June 21, 2013; 79 FR 24213, Apr. 29, 2014; 83 FR 48698, Sept. 26, 2018]

### Authority

Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.

### Source

Source: 48 FR 42388, Sept. 19, 1983, unless otherwise noted.

### Amendments

[48 FR 42388, Sept. 19, 1983, as amended at 60 FR 33066, June 26, 1995; 60 FR 48264, Sept. 18, 1995; 62 FR 51271, Sept. 30, 1997; 63 FR 34060, June 22, 1998; 66 FR 65368, Dec. 18, 2001; 69 FR 76349, Dec. 20, 2004; 72 FR 27385, May 15, 2007; 73 FR 53995, Sept. 17, 2008; 75 FR 53149, Aug. 30, 2010; 78 FR 37680, June 21, 2013; 79 FR 24213, Apr. 29, 2014; 83 FR 48698, Sept. 26, 2018]