Attachment_4_Request_for_Consent_to_Subcontract_28June19.pdf

SECTION J, ATTACHMENT 4

Request for Consent to Subcontract

If required by FAR 52.244-2, a Request for Consent to Subcontract shall be submitted to the Contracting Officer.

NOTE: The Contracting Officer shall have 30 work days to review a submitted Request for Consent to Subcontract. If a Request for Consent to Subcontract is rejected by the Contracting Officer, the Contractor is required to resubmit to the Contracting Officer, within 30 days of the rejection notice.

Request for Consent to Subcontract requests shall include the following information:

• Cover Letter for the subcontracted procurement

• A Procurement Summary that contains the following:

o Introduction identifying the need for a subcontracting effort o Background of work/services sought o Summary of procurement information including:

1. Solicitation dates/addendums

2. Type of contract being subcontracted (Firm Fixed Price, Cost Reimbursement, etc.)

3. Period of Performance (POP). Include the period of performance dates required for this subcontract. If the subcontract is a modification, include the extension of the period of performance.

4. Date proposals were received, or date a decline to submit proposal notification was received.

5. Subcontractors’ Proposal Amounts: Include the amount of each proposal from all subcontractors that submitted a proposal for the Solicitation. Include the name and address of the subcontractor who was awarded the subcontract.

6. Discussion on how the proposal evaluation was conducted, including what non-price factors were evaluated and how they were evaluated and how the price/cost evaluation was conducted. Include documentation that indicates the Contractor followed the competitive procurement process in accordance with FAR 6.102 and FAR 15.002(b) Basis for Award

7. A copy of subcontractor proposal evaluation documentation

8. Bid Summary and Analysis. Include a spreadsheet showing all bids and all bid items

9. A Certification of Current Cost or Pricing Data in accordance with FAR 15.403

10. Socioeconomic Status of the successful subcontractor

11. Small Business Plan (if procuring a Large Business Subcontractor)

12. Conclusion/justification of the procurement

NOTE: Information to be provided should allow for the Contract Specialist to address all items on the following checklist. Contract Specialist’s will use the following checklist as a review of every Request for Consent to Subcontract to ensure all requirements are meet.

REQUEST FOR CONSENT TO SUBCONTRACT

CONTRACTING OFFICER CONSIDERATIONS FOR CONSENT TO SUBCONTRACT IN

ACCORDANCE WITH FAR 44.202-2

CONTRACT NUMBER: ____________________________________

SUBCONTRACTOR NAME: ________________________________

1. Is the decision to subcontract consistent with the Contractor’s approved make-or-buy program, if any (see 15.407-2)? _____

2. Is the subcontract for special test equipment or facilities that are available from Government sources (see Subpart 45.3)? _____

3. Is the selection of the particular supplies, equipment, or services technically justified? _____

4. Has the Contractor complied with the prime contract requirements regarding small business subcontracting, including, if applicable, its plan for subcontracting with small, small disadvantaged and women-owned small business concerns (see part 19)? _____

5. Was adequate price competition obtained or its absence properly justified? _____

6. Did the Contractor adequately assess and dispose of subcontractor’s alternate proposals, if offered?

7. Does the Contractor have a sound basis for selecting and determining the responsibility of the particular subcontractor? _____

8. Has the Contractor performed adequate cost or price analysis or price comparisons and obtained accurate, complete, and current cost or pricing data, including any required certifications? _____

9. Is the proposed subcontract type appropriate for the risks involved and consistent with current policy?

10. Has adequate consideration been obtained for any proposed subcontract that will involve the use of Government-furnished facilities? _____

11. Has the Contractor adequately and reasonably translated prime contract technical requirements into subcontract requirements? _____

12. Does the prime Contractor comply with applicable cost accounting standards for awarding the subcontract? _____

13. Is the proposed subcontractor on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs (see Subpart 9.4)? _____

14. Is the requirement necessary?

15. Is Scope of Work adequate to describe the required tasks?

16. If sole source, is the justification for sole source procurement acceptable?

17. Are data requirements specified?

18. Did the Contractor prepare an independent estimate for each line item of the subcontractor’s requirement?

19. Was adequate time allowed for preparation and submission of proposal?

20. Was adequate time allowed for procurement, production and delivery?

21. Do the timeframes detailed in the Subcontractor’s Scope of Work correspond to the timeframes in the Task Order?

22. Were socioeconomic requirements considered in the award decision including EEO compliance review ($10,000,000 or more)?

23. Were the evaluation factors in the solicitation adequate and followed in the award decision?

24. Was the solicitation submitted for review prior to issuance?

25. Was Contractor’s action to determine the subcontractor responsible adequate?

(a) Is the subcontractor on the debarred, ineligible and suspended listing?

(b) Is the subcontractor on the EEO program listing of non-awardable contractors?

26. Was a price analysis completed?

(a) If yes, is the analysis adequate to support fair and reasonable pricing?

(b) If no, should an analysis have been completed?

27. Was the selection based on adequate competition?

28. If competed, is the proposed award to the lowest offeror?

29. Were negotiations conducted?

30. Is the Memorandum of Negotiation adequate?

31. Was an abstract properly prepared and adequate?

32. Was the Certificate of Current Cost or Pricing Data received/requested?

33. Are there any known 2nd tier subcontracts over $500,000.00?

34. Was an audit of Cost and Pricing Data performed?

35. Are Government-furnished facilities (eg. special tools, patterns.) required?

36. Type of subcontract: Firm Fixed Price

37. If other than FFP, is the type acceptable?

38. Are the subcontract General Provisions, Terms, and Conditions acceptable?

39. Is the payment clause adequate to prevent loss to the prime Contractor or the Government from premature payments?

40. Was the file complete and correct?

REQUEST FOR CONSENT TO SUBCONTRACT (FAR 52.244-2)

Contract No. Project Name.

Date: Description of Services

1. SUBJECT:

Request for Consent to:

2.BREAK OUT: Sub-Contractor Name/Address Proposal Amount Date of Solicitation:

Sub Contractors Proposals Amounts: 1

Sub Contract Type: 2 (FFP, CPFF, Time & Material)

POP: 4

From:

To:

3. SUMMARY:

Request for Consent to utilize as the sub-contract in total amount of $ .

4. Modification: (if applicable) To Utilize as the sub-contract an increase of existing consent in the amount of $ from $ to $

5. FAR REFERENCE:

In accordance with FAR 52.244-2 Subcontracts, consent is hereby granted for the above, subject to the clauses contained the prime contract. This consent shall in no way relieve the prime Contractor of any obligations or responsibilities it may otherwise have under the contract or under law, shall not create any obligation of the Government to, or privity with, the subcontractor or vendor, and shall be without prejudice to any right or claim of the Government under the prime contract. This consent does not constitute a determination on the allowability of costs, determination of the acceptability of the subcontract terms or price, unless the consent or approval specifies otherwise.

Contractor - Approval USACE - Approval

Project Manager Date Project Manager/Technical Date

Contract Manager Date Contracting Officer Date