35.009 Subcontracting research and development effort
Source: FAR 35.009 on acquisition.gov
Contractors must disclose and obtain approval for any technical or scientific R&D subcontracts to ensure government oversight and protect government interests.
Overview
FAR 35.009 addresses the subcontracting of research and development (R&D) efforts, emphasizing the importance of government oversight when contractors propose to subcontract technical or scientific work. Because R&D contracts are awarded based on the contractor’s scientific and technological capabilities, the government must be informed and involved in decisions to subcontract portions of the work. For cost-reimbursement R&D contracts, contracting officers are required to obtain detailed information about the contractor’s subcontracting plans during negotiations. For fixed-price R&D contracts, contracting officers should also review subcontracting plans and may negotiate agreements to protect government interests. The section references FAR clause 52.244-2, which requires prior approval from the contracting officer for certain subcontracts, as outlined in FAR 44.204(a).
Since the selection of R&D contractors is substantially based on the best scientific and technological sources, it is important that the contractor not subcontract technical or scientific work without the contracting officer’s advance knowledge. During the negotiation of a cost-reimbursement R&D contract, the contracting officer shall obtain complete information concerning the contractor’s plans for subcontracting any portion of the experimental, research, or development effort (see also 35.007(c)). Also, when negotiating a fixed-price contract, the contracting officer should evaluate this information and may obtain an agreement that protects the Government’s interests. The clause at 52.244-2, Subcontracts, prescribed for certain types of contracts at 44.204(a), requires the contracting officer’s prior approval for the placement of certain subcontracts.