FAR Part 35

Question 1

Part 35

Answer 1

Research and Development Contracting

Question 2

Part 35 Research and Development Contracting

Overview of FAR Part 35 - Research and Development Contracting

Purpose: Establishes policies and procedures for contracting for
research and development (R&D) (FAR 35.000).

Key Sections:

Answer 2

35.1 Research and Development Contracting

Question 3

Part 35 Research and Development Contracting

Part 35.0 - Research and Development Contracting

Purpose: Provides general policies and procedures for R&D
contracting (FAR 35.001).

Key Features:

Answer 3

Defines the scope and application of R&D contracting policies (FAR 35.002).

Emphasizes the importance of f lexibility and innovation in R&D contracts (FAR 35.003).

Question 4

Part 35 Research and Development Contracting

Subpart 35.1 - Selection and Evaluation of R&D Proposals

Purpose: Establishes procedures for selecting and evaluating R&D
proposals (FAR 35.101).

Key Features:

Answer 4

Criteria for evaluating technical merit and feasibility of R&D proposals (FAR
35.102).

Procedures for conducting competitive and non-competitive selections (FAR 35.103).

Question 5

Part 35 Research and Development Contracting

Subpart 35.1 - Contract Types and Management for R&D Projects

Purpose: Provides guidance on selecting contract types and managing
R&D projects (FAR 35.104).

Key Features:

Answer 5

• Recommendations for using various contract types in R&D (FAR 35.105).
• Best practices for managing R&D contracts to achieve desired outcomes (FAR 35.106).

Question 6

Part 35 Research and Development Contracting

Subpart 35.1 - Intellectual Property and Data Rights in R&D Contracts

Purpose: Addresses the management of intellectual property and data rights in R&D contracts (FAR 35.107).

Key Features:

Answer 6

• Policies for protecting and sharing intellectual property developed under R&D
  contracts (FAR 35.108).
• Guidelines for managing data rights to ensure proper use and dissemination of research findings (FAR 35.109).

Question 7

What is Research and Development?

Answer 7

Research and development (R&D) contracts are
contracts for basic research, applied research, or development

Basic research
* Research that is directed toward increasing knowledge

Applied research
* Research that is directed toward improving or expanding new scientific discoveries, technologies, materials, processes, or technique

Development
* Directed production of, or improvements in, useful products to meet specific performance requirements through the systematic application of scientific
knowledge

Question 8

Contracting for Research and Development

Answer 8

The primary purpose of contracted R&D programs is to advance scientific and technical knowledge and apply that knowledge to the extent necessary to achieve agency and national goals

Most R&D contracts are directed toward objectives for which the work or methods cannot be precisely described in advance.
It is difficult to judge the probability of success or required effort for technical approaches, which may not assure full success.

Question 9

Use of Contracts for R&D

Answer 9

Contract
Used only when the principal purpose is the
acquisition of supplies or
services for the direct benefit or use of the
federal government

Cooperative agreement Grant
Used when the principal purpose is to stimulate or support research and
development for another public purpose

Question 10

Contract Types for R&D Acquisition

Answer 10

Fixed-price contracts are preferred only to the extent
practicable, considering: * Goals
* Objectives
* Specifications * Cost estimates
The type of contract wil depend on how precisely these can be defined

Cost-reimbursement contracts are usually appropriate because of:
*Absence of precise specifications
* Difficulty in accurately estimating costs * Lack of confidence in cost estimates
The nature of development work often requires a cost-reimbursement completion arrangement.

Question 11

What should be considered when developing statements of work for R&D?

Answer 11

A statement of the area of exploration, tasks
to be performed, and objectives of the research or development effort

Background information helpful to a clear understanding of the objective or requirement
(e.g., any known phenomena, techniques, methodology, or results of related work)

Information on factors such as personnel,
environment, and interfaces that may constrain the results of the effort

Reporting requirements and information on any additional items that the contractor is required to
furnish (at specified intervals) as the work progresses

The type and form of contract contemplated by the government and, for level-of-effort work statements, an estimate of applicable professional and technical effort involved

Any other considerations peculiar to the work to
be performed; for example, any design-to-cost requirements

Question 12

Policy for Soliciting Sources

Answer 12

Contracting officers should initially distribute solicitations only to sources technically qualified to
perform research or development in the specific field of science or technology involved.

If it is not practicable to initially solicit all apparently qualified sources, only a reasonable number need be solicited.

Question 13

Cognizant technical personnel should recommend potential sources that appear qualified, as a result of:

Answer 13

Present and past performance of similar work,

Professional stature and reputation,

Relative position in a particular field of endeavor,

Ability to acquire and retain the professional and technical
capability, including facilities, required to perform the work, and

Other relevant factors.

Question 14

Source Selection for R&D Contracts

Answer 14

Generally, an R&D contract should be awarded to
that organization that proposes the best ideas or concepts and has the highest competence ni the specific field of science or technology involved.

However, an award should not be made to obtain capabilities that exceed those needed for successful
performance of the work.

Question 15

Subcontracting of R&D Work

Answer 15

The contractor must not subcontract technical or scientific work without the contracting officer’s advance knowledge

The contracting officer shall obtain complete information concerning the contractor’s plans for subcontracting any
portion of the experimental, research, or development effort during the negotiation of cost-reimbursement type contracts.

Question 16

Broad agency announcement

Answer 16

A general announcement of an agency’s research interest including criteria for selecting proposals and soliciting the participation of all offerors capable of satisfying the government’s needs

May be used by agencies to fulfill their requirements for
scientific study and experimentation directed toward advancing the states of the art or increasing knowledge or understanding
rather than focusing on a specific system or hardware solution

Shall only be used when meaningful proposals with varying
technical or scientific approaches can be reasonably anticipated

Proposals received are evaluated ni accordance with specified criteria through a peer or scientific review process

Written evaluation reports on individual proposals wil be necessary, but proposals are not evaluated against each other

Proposals shall be selected based on:
* Technical evaluation
* Importance to agency programs
* Availability
* Cost realism only to the extent appropriate
* Cost reasonableness only to the extent appropriate

Question 17

The primary purpose of contracted research and development (R&D) programs

Answer 17

is to advance scientific and technical knowledge and apply that knowledge to the extent necessary to achieve agency and national goals.

Question 18

Unlike contracts for supplies and services, most

Answer 18

R&D contracts are directed toward objectives for which the work or methods cannot be precisely described in advance.

Question 19

R&D solicitations shall require offerors to

Answer 19

describe their technical and management approach, identify technical uncertainties, and make specific proposals for the resolution of any uncertainties.

Question 20

Selecting the appropriate contract type

Answer 20

is the responsibility of the contracting officer.

However, because ofthe importance of technical considerations in
R&D, the choice of contract type should be made after obtaining the recommendations of technical personnel.

Question 21

The contracting process shall be used to

Answer 21

encourage the best sources from the scientific and industrial community to become involved in the program and must provide an environment in which the work can be pursued with reasonable flexibility and minimum administrative burden.

Question 22

In reviewing work statements, contracting officers should ensure

Answer 22

that language suitable for a level-of-effort approach, which requires the furnishing of technical effort and a report on the results, is not intermingled with language suitable for a task-completion approach, which often requires the development of a tangible end item designed to achieve specific performance characteristics.

The wording of the work statement should also be consistent with the type and form of contract to be negotiated.

For example, the work statement for a cost-reimbursement contract promising the contractor’s best efforts for a fixed term would be phrased differently than a work statement for a cost-reimbursement completion contract promising the contractor’s best efforts for a defined task.

Differences between work statements for fixed-price contracts and cost-reimbursement contracts should be even clearer.