FAR 52.244-5 - Competition in Subcontracting

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Prescribed in 44.204(c)

Effective Date:1 December 1996
Clause or Provision:Clause
Provision or Clause Number: 52.244-5 - Competition in Subcontracting

Principle Type And/Or Purpose of Contract:
Required:
Applicable:Facilities; Architect-Engineering; Dismantling, Demolition or Removal of Improvements; Fixed Price, Supply; Cost Reimbursement, Supply; Leasing of Motor Vehicles; Cost Reimbursement, Construction; Cost Reimbursement, Service; Fixed Price, Service; Cost Reimbursement, R&D; Fixed Price, R&D; Transportation; Utility Services
Optional:Simplified Acquisition Procedures (Excludes Micro-Purchase); Indefinite Delivery; Fixed Price, Construction; Time & Material/Labor Hour
Subject:Subcontract(s)/Subcontractor(s)
ProcurementType:
Contract Threshold:>150,000
Prescription Overview:

Prescription

(c) The contracting officer shall, when contracting by negotiation, insert the clause at 52.244-5, Competition in Subcontracting, in solicitations and contracts when the contract amount is expected to exceed the simplified acquisition threshold, unless—

(1) A firm-fixed-price contract, awarded on the basis of adequate price competition or whose prices are set by law or regulation, is contemplated; or

(2) A time-and-materials, labor-hour, or architect-engineer contract is contemplated.

Clause Overview:

Clause

(a) The Contractor shall select subcontractors (including suppliers) on a competitive basis to the maximum practical extent consistent with the objectives and requirements of the contract.


(b) If the Contractor is an approved mentor under the Department of Defense Pilot Mentor-Protégé Program (Pub. L. 101-510, section 831 as amended), the Contractor may award subcontracts under this contract on a noncompetitive basis to its protégés.

Important Notes/Requirements:

"For use in contracts unless award is a firm-fixed-price contract, awarded on the basis of adequate price competition. "

Subcontract Threshold:>150,000
Incorporated by Reference:Yes
Uniform Contract Format:I
Editor:Marshall

Personal notes.