Our firm is the prime on a federal cost-plus support contract, NAICS 541513, for IT support services. Our COR told us that we need 'consent to subcontract' before we can add a new subcontractor to handle some specialized work. I'm trying to figure out which FAR part and clause trigger this requirement. We have a couple of time-and-materials task orders under this same contract, and the COR has not mentioned this requirement before for those. We are a small business, but this prime contract was not a set-aside. What kind of contract types typically require this consent? What documents usually go into a consent package, and how long does the contracting officer's review typically take? Which FAR part and clause apply here?
Which FAR part governs subcontractor consent and oversight, and when do I need the CO's OK to add a sub?
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The requirement for consent to subcontract is typically found in FAR Part 44, specifically in clauses like FAR 52.244-2, Subcontracts (Cost-Reimbursement and Letter Contracts). Your COR is correct that this is often a requirement on cost-reimbursement contracts, which aim to pay for allowable incurred costs and establish an estimated total cost as a ceiling. This contrasts with a time-and-materials contract, where the government pays direct labor hours at fixed hourly rates plus actual material costs, and the need for consent might be less frequent or tied to different thresholds within the specific task order. The purpose of consent is for the government to ensure that the prime contractor is performing adequate price analysis and is selecting suitable subcontractors. A consent package usually includes a copy of the proposed subcontract, the prime's cost or price analysis, and the rationale for selecting the subcontractor. The time for a contracting officer's review can vary depending on the complexity of the subcontract and the agency's internal processes; there is no set FAR-mandated timeframe. For state and local procurements, the requirements would be governed by the specific state procurement code and the relevant vendor guide for that purchasing entity.