35.017-3 Using an FFRDC
Source: FAR 35.017-3 on acquisition.gov
All work assigned to an FFRDC must align with its mission, and agencies must follow strict documentation and competition requirements when using or contracting with an FFRDC.
Overview
FAR 35.017-3 outlines the requirements and procedures for federal agencies when utilizing a Federally Funded Research and Development Center (FFRDC). It mandates that all work assigned to an FFRDC must align with the center’s established purpose, mission, and competencies. When a non-sponsoring agency seeks to use an FFRDC, the sponsoring agency must ensure compliance with these requirements. The nonsponsoring agency is responsible for providing specific documentation, including that required by FAR 17.503(e), and, if necessary, a Determination and Findings (D&F) as per FAR 17.502-2(c). In cases where the sponsor allows, a federal agency may contract directly with the FFRDC, but must then comply with FAR Part 6 regarding competition requirements.
Key Rules
- Alignment with FFRDC Mission
- All work must fit within the FFRDC’s authorized scope and competencies.
- Nonsponsor Use
- The sponsor agency ensures compliance when a nonsponsor uses the FFRDC; the nonsponsoring agency must provide required documentation and, if needed, a D&F.
- Direct Contracting
- If permitted, agencies contracting directly with an FFRDC must follow FAR Part 6 competition rules.
Responsibilities
- Contracting Officers: Ensure work aligns with FFRDC’s mission, obtain and provide required documentation, and comply with competition requirements if contracting directly.
- Contractors (FFRDCs): Accept only work within their authorized scope.
- Agencies: Sponsors oversee compliance; nonsponsors provide documentation and D&F as required.
Practical Implications
This section ensures FFRDCs are used appropriately and within their intended scope, preventing mission creep and improper use. It clarifies documentation and compliance responsibilities, especially in interagency arrangements, and highlights the need for adherence to competition requirements when direct contracting occurs.
(a) All work placed with the FFRDC must be within the purpose, mission, general scope of effort, or special competency of the FFRDC.
(b) Where the use of the FFRDC by a nonsponsor is permitted by the sponsor, the sponsor shall be responsible for compliance with paragraph (a) of this subsection.
(1) The nonsponsoring agency shall provide the documentation required by 17.503(e) to the sponsoring agency.
(2) When a D&F is required pursuant to 17.502-2(c), the nonsponsoring agency shall prepare the D&F and provide the documentation required by 17.503(e) to the sponsoring agency.
(3) When permitted by the sponsor, a Federal agency may contract directly with the FFRDC, in which case that Federal agency is responsible for compliance with part 6.