Attachment_J.10_Consent_to_Subcontract.docx

Attachment J.10 – Consent to Subcontract

CONSENT TO SUBCONTRACT

PRIME CONTRACT NUMBER:

PRIME CONTRACTOR:

In accordance with FAR 52.244-2, the Prime Contractor must submit all of the following information to CMS for consideration of Subcontractor consent:

· Identification of the proposed subcontractor.

· The proposed subcontract price/cost.

· Identification of the type of subcontract.

· Description of supplies or services to be subcontracted.

· The subcontractor’s current, complete, and accurate cost or pricing data and Certificate of Current Cost or Pricing Data, if required by other contract provisions.

· The subcontractor’s Disclosure Statement or Certificate relating to Cost Accounting Standards when such data are required by other provisions of this contract.

· Does the prime contractor have an approved purchasing system?

· Does a close working relationship or ownership affiliation between the prime and subcontractor exist? If so, explain the relationship and/or affiliation.

· A Negotiation Memorandum reflecting:

A. The principal elements of the subcontract price negotiations;

B. The most significant considerations controlling establishment of initial or revised prices;

C. Reason cost or pricing data were or were not required;

D. Extent, if any, to which the prime contractor did not rely on the subcontractor’s cost or pricing data in determining the price objective and in negotiating the final price;

E. Extent to which it was recognized in the negotiation that the subcontractor’s cost or pricing data were not accurate, complete, or current; the action taken by the prime contractor and the subcontractor; and the effect of any such defective data on the total price negotiated;

F. Reasons for any significant difference between the prime contractor price objective and the price negotiated; and

G. A complete explanation of the incentive fee or profit plan when incentives are used. The explanation shall identify each critical performance element, management decisions used to quantify each incentive element, reasons for the incentives, and a summary of all trade-off possibilities considered.

H. Has the contractor’s Compliance Officer performed a conflict of interest review of the subcontractor to identify any known or potential OCI’s?