Why Part 35 Matters

R&D contracts have distinct evaluation and contracting characteristics. Cost-reimbursement contracts are more commonly appropriate for R&D due to technical uncertainty. Broad Agency Announcements under 35.016 provide a competitive method for acquiring basic and applied research without traditional sealed bidding or negotiation procedures. Intellectual property rights (Part 27) are particularly critical in R&D contracting where inventions and data are primary deliverables.

Key Topics in Part 35

FAR Part 35 addresses several critical areas of the federal acquisition process. Understanding these topics is essential for both contracting officers and contractors working within this regulatory framework.

• R&D contract characteristics and policies
• Broad Agency Announcements (BAAs)
• Work statements for R&D — SOW flexibility
• Technical approach evaluation emphasis
• Cost-reimbursement preference for R&D
• Peer review and scientific merit evaluation
• Independent research and development (IR&D)

How FAR Part 35 Applies

The Federal Acquisition Regulation is organized into 53 parts, each covering a distinct area of the procurement process. Part 35 (Research and Development Contracting) is part of this framework and works in conjunction with other FAR parts to create a comprehensive regulatory structure. Contracting officers must comply with all applicable parts when executing procurement actions, and contractors must understand the requirements that flow from these regulations into their contracts.

The requirements in Part 35 may be implemented through specific contract clauses prescribed in FAR Part 52. When a clause references Part 35, the substantive requirements originate here, while Part 52 provides the actual clause language incorporated into contracts and solicitations.

Reading FAR Part 35

The full text of FAR Part 35 is available on the Electronic Code of Federal Regulations (eCFR). The eCFR provides the most current version of the regulation, including any recent amendments published through Federal Acquisition Circulars (FACs). For historical versions, use the eCFR's point-in-time search feature.

• What does FAR Part 35 cover?

  FAR Part 35 covers research and development contracting within the federal acquisition process. FAR Part 35 addresses research and development (R&D) contracting, providing guidance for acquiring R&D when the principal purpose is the advancement of scientific and technical knowledge. It covers the unique aspects of R&D procurement including the emphasis on the contractor's technical approach, personnel qualifications, and facilities. Broad Agency Announcements (BAAs) are a key solicitation method for basic and applied research.

• Who must comply with FAR Part 35?

  FAR Part 35 applies to all executive branch agencies conducting acquisitions, unless a specific exemption exists. Contractors must comply with the requirements that are incorporated into their contracts through prescribed clauses from FAR Part 52. Agency-specific supplements (DFARS, GSAM, etc.) may add additional requirements beyond the base FAR.

• Where can I read the full text of FAR Part 35?

  The full text is available on the Electronic Code of Federal Regulations (eCFR). You can also access it through acquisition.gov, which is maintained by the General Services Administration. Both sources reflect the most current version of the regulation.

• How does FAR Part 35 relate to contract clauses?

  FAR Part 35 establishes the substantive policies and procedures. The actual clause language that gets incorporated into contracts is found in FAR Part 52. Each clause in Part 52 includes a "prescription" that references the relevant policy part, creating a direct link between the requirement and its implementation in the contract.