35.015
Contracts for research with educational institutions and nonprofit organizations
FAR 35.015 requires strict oversight and approval for changes in key personnel and research direction in R&D contracts with educational institutions and nonprofits, ensuring accountability and consistency.
Overview
FAR 35.015 outlines specific requirements for contracts involving research and development (R&D) with educational institutions and nonprofit organizations. The section emphasizes the unique nature of such research contracts, particularly when the work is not precisely defined and is based on a period of performance rather than specific deliverables. It details the responsibilities of the contractor, especially regarding the principal investigator or project leader, and establishes procedures for changes in personnel, research objectives, or methodology. The section also encourages the use of basic agreements to streamline contracting processes and promote consistency across agencies.
Key Rules
- Contractor Responsibility and Principal Investigator
- The contractor must bear primary responsibility for the research, and contracts should name the principal investigator (PI) if their expertise is a deciding factor. The contract must also specify the PI's expected time commitment and require their continuous involvement.
- Approval for Changes
- Contractors must obtain contracting officer approval before changing the PI, research objectives, methodology, or phenomenon under study, and must notify the contracting officer if the PI's effort decreases significantly.
- Basic Agreements
- Agencies should negotiate basic agreements when multiple contracts are anticipated and are encouraged to use agreements from other agencies to ensure uniformity. These agreements must be reviewed and updated annually.
Responsibilities
- Contracting Officers: Ensure contracts include required provisions, approve changes to key personnel or research scope, and review/update basic agreements annually.
- Contractors: Maintain PI involvement, seek approvals for changes, and notify the contracting officer of significant changes in effort or research direction.
- Agencies: Promote consistency by using or adopting other agencies' basic agreements.
Practical Implications
- This section ensures government oversight of critical research personnel and project direction, reducing risks associated with changes in key staff or research focus. It also streamlines contracting with educational and nonprofit organizations, promoting efficiency and consistency. Common pitfalls include failing to obtain required approvals or not maintaining up-to-date basic agreements.