FAR Part 35 Research and Development

1. FAR Part 35Research and Development

2. Overview • Definitions • Purpose • Work Statement • Contract types • Publicizing • Proposal Evaluation • Scientific & Technical Reports • Data & Patents • Educational Institutions & Non Profits • Broad Agency Announcements • FFRDCs

3. Definitions • Basic Research – systematic study directed toward greater knowledge or understanding of the fundamental aspects of phenomena and of observable facts without specific application toward processes or products in mind • Applied Research – systematic study to gain knowledge or understanding necessary to determine the means by which a recognized and specific need may be met • Development – systematic application of knowledge toward the production of useful materials, devices, and systems or methods, including design, development, and improvement of prototypes and new processes to meet specific requirement **note these definitions are from OMB Circular A-11 1998

4. Purpose FAR 35.002 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 • Directed more towards objectives/goals • Cannot guarantee success • Different technical approaches

5. Purpose cont. The contracting process shall be used to encourage the best sources from 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

6. Work Statement

7. Work Statement

8. Contract Type

9. Publicizing

10. Proposal Evaluation

11. Scientific and Technical Reports • Scientific and Technical Reports document and disseminate the precise nature and results of analytical studies, research, development, test and evaluation (RDT&E) on an assigned task(s) to the analytical, scientific, technical and management community. • Scientific and Technical Reports, may be definitive for the subject presented, exploratory in nature, or an evaluation of critical subsystem or of technical problems. Definition found in Data Item Description (DID)

12. Data and Patents • Contracts shall specify technical data to be delivered (35.011) • Patents & IP covered under FAR Part 27 • DFARS covers more in-depth for DoD contracts • Assertions – see FAR Part 27

13. Contracts with Educational Institutions & Nonprofit Organizations • Contractor bears primary responsibility for research • Has to provide • Principle Investigator (PI) name & resume/capabilities • Time estimate • List all personnel closely involved • Notify CO when • Change PI • Change time/effort • Change method or objectives • Difference with GFP • Less than $5K contractor keeps title • Over $5K title to vest with government unless otherwise agreed to

14. Broad Agency Announcement vs RFP

15. Federally Funded Research and Development Centers (FFRDCs) • Sponsor – means the executive agency which manages, administers, monitors, funds, and is responsible for the overall use of an FFRDC • Enables Government agencies to use private sector resources to accomplish tasks that are integral to the mission and operation of the sponsoring agency – has to have a clear statement of purpose and mission • The FFRDC is prohibited from competing with industry in response to a Federal agency request for proposal for other than the operation of an FFRDC • The FFRDC is operated, managed, or administered by an autonomous organization or as an identifiable separate operating unit of a parent organization, and is required to operate in the public interest, free from organizational conflict of interest, and to disclose its affairs to the primary sponsor • All work placed must be within the purpose, mission, general scope of effort, or special competency of the FFRDC

16. Master List of FFRDCs • The National Science Foundation (NSF) maintains a master list of FFRDCs