Subcontract Consent and
Contractors’ Purchasing System Review; FAR Section Affected:
52.244-2
Extension without change of a currently approved collection
No
Regular
02/25/2022
Requested
Previously Approved
36 Months From Approved
02/28/2022
9,330
11,982
53,394
58,273
3,043,458
3,146,729
This clearance covers the information
that a contractor must submit to comply with the requirements in
Federal Acquisition Regulation (FAR) 52.244-2, Subcontracts,
regarding consent to subcontract, advance notification, and
Contractors’ purchasing system review as follows: a. Consent to
subcontract. This is the contracting officer’s written consent for
the prime contractor to enter into a particular subcontract. In
order for the contracting officer responsible for consent to make
an informed decision, the prime contractor must submit adequate
information to ensure that the proposed subcontract is appropriate
for the risks involved and consistent with current policy and sound
business judgment. The review allows the Government to determine
whether the contractor’s purchasing policies and practices are
efficient and adequately protect the Government’s interests. 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. The contracting officer
may require consent to subcontract if the contracting officer has
determined that an individual consent action is required to protect
the Government adequately because of the subcontract type,
complexity, or value, or because the subcontract needs special
surveillance. These can be subcontracts for critical systems,
subsystems, components, or services. If the contractor does not
have an approved purchasing system, consent to subcontract is
required for cost-reimbursement, time-and-materials, labor-hour, or
letter contracts, and also for unpriced actions under fixed-price
contracts that exceed the simplified acquisition threshold (SAT).
b. Advance notification. Prime contractors must provide contracting
officers notification before the award of any cost-plus-fixed-fee
subcontract, or certain fixed-price subcontracts that are
identified in paragraph (b), (c) and (d) of FAR clause 52.244-2.
This requirement for advance notification is driven by statutory
requirements in 10 U.S.C. 2306 and 41 U.S.C. 3905. c. Contractors’
Purchasing System Review. The objective of a contractor purchasing
system review (CPSR), is to evaluate the efficiency and
effectiveness with which a contractor spends Government funds and
complies with Government policy when subcontracting. Paragraph (i)
of FAR clause 52.244-2 specifies that the Government reserves the
right to review the contractor’s purchasing system as set forth in
FAR subpart 44.3. This clause is the mechanism through which the
requirements of FAR subpart 44.3 are applied to contractors. FAR
44.302 requires the administrative contracting officer (ACO) to
determine the need for a CPSR based on, but not limited to, the
past performance of the contractor, and the volume, complexity and
dollar value of subcontracts. If a contractor’s sales to the
Government (excluding competitively awarded firm-fixed-price and
competitively awarded fixed-price with economic price adjustment
contracts and sales of commercial products and commercial services
pursuant to part 12) are expected to exceed $25 million during the
next 12 months, the ACO will perform a review to determine if a
CPSR is needed. Sales include those represented by prime contracts,
subcontracts under Government prime contracts, and modifications.
Generally, a CPSR is not performed for a specific contract. The
head of the agency responsible for contract administration may
raise or lower the $25 million review level if it is considered to
be in the Government’s best interest. Once an initial determination
has been made to conduct a review, at least every three years the
ACO shall determine whether a purchasing system review is
necessary. If necessary, the cognizant contract administration
office will conduct a purchasing system review.
The burden has been adjusted by
using FY 2021 data from FPDS. The estimated cost to the public and
to the Government was updated based on use of the calendar year
2021 OPM GS wage rates for the rest of the United States.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
9000-0149 Supporting Statement 02.15.2022.docx
Advance Notification; FAR Section Affected: 52.244-2