2801

2801.1

The contracting officer shall ensure that any requirements for consent to subcontract are included in the solicitation for the prime contract.

2801.2

The contracting officer's consent to subcontract shall not constitute a determination of the acceptability of the subcontract terms, price, or allowability of costs, unless the consent to subcontract specifies otherwise.

2801.3

The contracting officer shall not consent to subcontract in any of the following instances:

1. (a) When the fee in a cost-reimbursement subcontract exceeds any applicable fee limitations;
2. (b) When a payment under the subcontract is on a cost-plus-a-percentage-of-cost basis;
3. (c) When the contracting officer is obligated to deal directly with the subcontractor;
4. (d) When the results of arbitration, judicial determination, or voluntary settlement between the prime contractor and subcontractor are made binding on the District; or
5. (e) When there is a repetitive or unduly protracted use of cost-reimbursement, time-and-materials, or labor-hour subcontracts.

2801.4

The contracting officer shall not refuse consent to subcontract merely because the subcontract contains a clause giving the subcontractor the right of indirect appeal to the Contract Appeals Board if the subcontractor is affected by a dispute between the District and the prime contractor.

SOURCE: Final Rulemaking published at 35 DCR 1610 (February 26, 1988); as amended by Final Rulemaking published at 59 DCR 7493 (June 22, 2012).