FAR Part 44 (Simplified) | Check Consent and Support the Purchasing File

An approved purchasing system is not blanket permission to award every subcontract. Check the contract’s consent, notice, pricing, and flowdown requirements before committing.

This guide explains FAR Part 44 of the Federal Acquisition Regulation (FAR): Subcontracting Policies and Procedures.

Watch the FAR Part 44 lesson

Issuing a purchase order is a business decision with contract consequences. FAR Part 44 connects consent requirements, purchasing-system reviews, and the evidence supporting a contractor’s subcontracting decisions.

Check whether consent or notice applies

Section 44.201-1 makes consent dependent on the prime contract, subcontract type and value, purchasing-system status, and specifically identified requirements. An approved purchasing system does not eliminate consent for subcontracts singled out in the contract. Without an approved system, requirements differ across contract types and agencies. Under 44.000, the consent and advance-notification requirements of Subpart 44.2 do not apply to commercial prime contracts acquired under Part 12. Do not replace this analysis with one universal dollar trigger.

Prepare the purchasing record before review

A contractor purchasing system review evaluates the system, not merely one polished purchase file. Sections 44.302 and 44.303 address the review determination and considerations such as competition, market research, pricing methods, supplier responsibility, affiliate transactions, and postaward management. Agency-specific review levels must be checked before using a numerical threshold. A useful file shows why the requirement exists, how sources were considered, why the price is supported, and who approved the decision.

Understand the limits of approval

Under 44.203, consent to a subcontract or approval of a purchasing system does not determine the acceptability of terms, price, or cost allowability unless the approval specifies otherwise. The prime retains its responsibilities. Commercial subcontract terms also require targeted analysis under 44.402 and the operative 52.244-6 clause. Copying the entire prime contract into every supplier order can impose unnecessary or inappropriate terms and still miss the obligations that actually apply.

A hypothetical example

A cost-type prime has an approved purchasing system, but its contract specifically identifies a critical component subcontract for consent. The buyer assembles the source-selection and price-support record and obtains the required consent before the covered action. The team also checks commercial status and applicable flowdowns. Purchasing-system approval is treated as a system status, not a blanket release from the contract’s specific controls.

Avoid the shortcut

Do the review at the point of decision. The purchasing file should tell a coherent story from requirement through source selection, price support, award, and supplier performance. Identify any exception and its authorized approval rather than leaving the reviewer to infer why competition was limited. Keep consent and advance notification as separate checks. Supplier quality, delivery, cybersecurity, and other contract-specific obligations can require additional controls; the Part 44 purchasing review does not replace those separate requirements.

Try this exercise

Build a preparation worksheet using these fields. This is a GovSuccess practice, not a prescribed Government form.

Prime and subcontract types
Subcontract value and action
Purchasing-system status
Consent and advance notice
Source and price support
Responsibility review
Tailored flowdowns
Approval and performance record

Turn the lesson into an operating decision

Use the worksheet with one current contract or proposed action. Keep the documents reviewed, assign an owner to each unresolved issue, and record the basis for the decision. Distinguish a regulatory obligation from a GovSuccess preparation practice. The worksheet organizes evidence; it does not grant authority, change contract terms, or establish a Government determination.

Official sources

Source check: November 3, 2026 (Central). Codified Acquisition.gov pages retrieved for this package display FAC 2026-01, effective March 13, 2026. Check applicable agency deviations and the actual solicitation or contract. Model overhaul text and an implemented agency deviation are not interchangeable.

Build your readiness baseline

Explore GovAssessment for a structured business-readiness baseline based on your answers. It does not approve a contract action, certify compliance, or guarantee an award.

General education, not legal or tax advice. Browse all FAR summaries.