Why Part 44 Matters

Prime contractors with significant subcontracting are subject to Contractor Purchasing System Reviews that assess whether their procurement practices are compliant. An approved purchasing system reduces the need for individual subcontract consent. Consent to subcontract requirements (Subpart 44.2) add time and complexity to the subcontracting process. A disapproved purchasing system can result in payment withholds and increased oversight. The flow-down of prime contract clauses to subcontractors is a major compliance obligation.

Key Topics in Part 44

FAR Part 44 addresses several critical areas of the federal acquisition process. Understanding these topics is essential for both contracting officers and contractors working within this regulatory framework.

• Contractor purchasing system reviews (CPSRs) (Subpart 44.3)
• Consent to subcontract requirements (Subpart 44.2)
• Purchasing system approval and disapproval
• Subcontract clause flow-down requirements
• Competition in subcontracting
• Make-or-buy programs

How FAR Part 44 Applies

The Federal Acquisition Regulation is organized into 53 parts, each covering a distinct area of the procurement process. Part 44 (Subcontracting Policies and Procedures) is part of this framework and works in conjunction with other FAR parts to create a comprehensive regulatory structure. Contracting officers must comply with all applicable parts when executing procurement actions, and contractors must understand the requirements that flow from these regulations into their contracts.

The requirements in Part 44 may be implemented through specific contract clauses prescribed in FAR Part 52. When a clause references Part 44, the substantive requirements originate here, while Part 52 provides the actual clause language incorporated into contracts and solicitations.

Subparts

FAR Part 44 is divided into 4 subparts, each addressing a specific aspect of subcontracting policies and procedures.

• 44.1 — General
• 44.2 — Consent to Subcontracts
• 44.3 — Contractors' Purchasing Systems Reviews
• 44.4 — Subcontracts for Commercial Products and Commercial Services

Reading FAR Part 44

The full text of FAR Part 44 is available on the Electronic Code of Federal Regulations (eCFR). The eCFR provides the most current version of the regulation, including any recent amendments published through Federal Acquisition Circulars (FACs). For historical versions, use the eCFR's point-in-time search feature.

• What does FAR Part 44 cover?

  FAR Part 44 covers subcontracting policies and procedures within the federal acquisition process. FAR Part 44 covers subcontracting policies and procedures, including the contractor's purchasing system and the government's right to review and approve the system. Subpart 44.2 addresses consent to subcontract requirements, where the contracting officer must approve certain subcontracts before the prime contractor can proceed. Subpart 44.3 covers contractor purchasing system reviews (CPSRs), which DCMA conducts to evaluate the efficiency and effectiveness of a contractor's purchasing system.

• Who must comply with FAR Part 44?

  FAR Part 44 applies to all executive branch agencies conducting acquisitions, unless a specific exemption exists. Contractors must comply with the requirements that are incorporated into their contracts through prescribed clauses from FAR Part 52. Agency-specific supplements (DFARS, GSAM, etc.) may add additional requirements beyond the base FAR.

• Where can I read the full text of FAR Part 44?

  The full text is available on the Electronic Code of Federal Regulations (eCFR). You can also access it through acquisition.gov, which is maintained by the General Services Administration. Both sources reflect the most current version of the regulation.

• How does FAR Part 44 relate to contract clauses?

  FAR Part 44 establishes the substantive policies and procedures. The actual clause language that gets incorporated into contracts is found in FAR Part 52. Each clause in Part 52 includes a "prescription" that references the relevant policy part, creating a direct link between the requirement and its implementation in the contract.