FAR 52.244-2 (c) Is consent required for FP at SAT or 5% - Which one?

Started by Tzarina of Compliance · Sep 17, 2020 · 3 replies

  1. T

    Tzarina of Compliance

    Sep 17, 2020 · 5y ago

    Original post

    c) If the Contractor does not have an approved purchasing system,  consent to subcontract is required for any  subcontract that - 

    [...]

    (2) Is fixed-price and exceeds - [...]

    (ii) For a contract awarded by a civilian agency other than the Coast Guard and the National Aeronautics and Space Administration, either the simplified acquisition threshold, as defined in FAR 2.101 on the date of  subcontract award, or 5 percent of the total estimated cost of the contract.

    Which one applies?  The SAT or 5% of the total contract cost?  I always thought that consent is required for Fixed Price Subontracts which exceed SAT.  What if the total contract is at $70 MIL of estimated cost.  Would consent be required at $250,000 or at $3.5MIL?  It does not say "greater of" or "lesser of"

    It is the same issue with Alternate I for notifications for fixed price subcontracts.   Thanks as always.

  2. D

    Don Mansfield

    Sep 17, 2020 · 5y ago

    If it exceeds either one. Or, in other words, whichever is lower.

  3. T

    Tzarina of Compliance

    Sep 17, 2020 · 5y ago

    Don Mansfield said:

    If it exceeds either one. Or, in other words, whichever is lower.

    Many thanks, Don.

  4. J

    Jamaal Valentine

    Sep 17, 2020 · 5y ago

    Tzarina of Compliance said:

    Which one applies?  The SAT or 5% of the total contract cost?

    Both. Read it as either or. In other words, it’s required if either condition or both conditions are met.

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