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 Upon receipt of the contractor's request for consent to subcontract, the contracting officer shall do the following:

(a) Promptly evaluate the contractor's request for consent to subcontract;

(b) Obtain assistance in the evaluation from audit, pricing, technical, or other specialists as necessary; and

(c) Notify the contractor in writing of consent to subcontract or the withholding of consent to subcontract, including any changes or corrections required.

2801.3 The contracting officer's consent to subcontract shall not constitute a determination of the acceptability of the subcontract terms or price or of the allowability of costs, unless the consent to subcontract specifies otherwise.

2801.4 The contracting officer shall not consent to subcontract in any of the following instances:

(a) When the fee in a cost-reimbursement subcontract exceeds any applicable fee limitations;

(b) When a payment under the subcontract is on a cost-plus-a-percentage-of-cost basis;

(c) When the contracting officer is obligated to deal directly with the subcontractor;

(d) When the results of arbitration, judicial determination, or voluntary settlement between the prime contractor and subcontractor are made binding on the District; or

(e) When there is a repetitive or unduly protracted use of cost-reimbursement, time-and-materials, or labor-hour subcontracts.

2801.5 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).