Research and Development Contracting
FAR Part 35 establishes the specialized rules and procedures for federal research and development contracting, ensuring innovation while protecting government interests.
Overview
FAR Part 35 provides the regulatory framework for contracting in support of research and development (R&D) activities by the federal government. It outlines the policies, procedures, and requirements unique to R&D contracts, including definitions, publicizing requirements, work statements, contract types, evaluation criteria, and special considerations for subcontracting, data rights, patent rights, and government property. The part also addresses contracting with educational and nonprofit institutions, the use of broad agency announcements, and the management of Federally Funded Research and Development Centers (FFRDCs). FAR Part 35 is designed to ensure that R&D contracting is conducted efficiently, competitively, and in a manner that fosters innovation and the advancement of scientific knowledge while protecting government interests.
Key Rules
- Scope and Definitions
- Establishes the applicability of R&D contracting rules and provides key definitions.
- Policy and Publicizing Requirements
- Sets forth the government's approach to R&D contracting, including the need to publicize opportunities and expand sources.
- Work Statements and Contract Types
- Details requirements for preparing statements of work and selecting appropriate contract types for R&D.
- Solicitation and Evaluation
- Outlines procedures for soliciting proposals and evaluating them for award.
- Subcontracting, Data, and Patent Rights
- Addresses requirements for subcontracting, handling of scientific data, and patent rights.
- Special Provisions for Educational/Nonprofit Institutions and FFRDCs
- Provides guidance for contracts with educational/nonprofit organizations and the management of FFRDCs.
Responsibilities
- Contracting Officers: Must ensure compliance with R&D-specific policies, prepare appropriate work statements, select suitable contract types, and manage reporting and intellectual property requirements.
- Contractors: Must adhere to requirements for reporting, data management, patent disclosures, and subcontracting.
- Agencies: Oversee R&D contracting activities, ensure competition, and manage FFRDC relationships.
Practical Implications
- FAR Part 35 exists to address the unique challenges of R&D contracting, such as uncertain outcomes, intellectual property, and the need for innovation.
- It impacts daily contracting by requiring specialized statements of work, careful selection of contract types, and attention to data and patent rights.
- Common pitfalls include inadequate work statements, improper handling of data rights, and failure to comply with reporting or publicizing requirements.