FAR and DFARS › FAR Part 35
FAR Part 35: Research and Development Contracting
The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.
In plain English
FAR Part 35 provides policies and procedures specific to research and development (R&D) contracting, emphasizing flexibility, innovation, and the use of broad agency announcements. It matters to contractors because it explains how R&D work is solicited, evaluated, and managed, including special rules for educational institutions and FFRDCs.
Key rules
- Contracts are used for R&D only when the principal purpose is acquiring supplies or services for the direct benefit of the Government; grants or cooperative agreements are used to stimulate or support R&D for other public purposes. (35.003)
- Agencies must continually search for and develop information on sources, including small businesses, competent to perform R&D work, and publicize needs through the Governmentwide point of entry. (35.004)
- Work statements for R&D should allow contractors freedom to exercise innovation and creativity, and must be individually tailored by technical and contracting personnel. (35.005)
- Negotiation is generally necessary for R&D acquisitions because precise specifications for sealed bidding are not available, but part 6 still applies. (35.006)
- Solicitations should initially be distributed only to technically qualified sources to avoid costly evaluation of unqualified proposals. (35.007)
- Awards should be made to the organization proposing the best ideas and having the highest competence in the specific field, but not to obtain capabilities exceeding those needed. (35.008)
- Contractors must not subcontract technical or scientific work without the contracting officer's advance knowledge, and for cost-reimbursement contracts, the contracting officer must obtain complete subcontracting plans. (35.009)
- R&D contracts must require scientific and technical reports as a permanent record, and agencies should make results available to other Government activities and the private sector. (35.010)
Who does what
Contracting officers
- Ensure work statements allow contractor creativity and are tailored to the R&D objectives.
- Select the appropriate contract type after obtaining recommendations of technical personnel.
- Review solicitation evaluation factors for consistency with the solicitation.
- Obtain complete information on subcontracting plans for cost-reimbursement R&D contracts.
Contractors
- Furnish scientific and technical reports as required by the contract.
- Do not subcontract technical or scientific work without the contracting officer's advance knowledge.
- For educational institutions and nonprofit organizations, ensure the principal investigator is closely involved and continuously responsible for the work.
Agencies
- Continually search for and develop information on R&D sources, including small businesses.
- Publicize R&D needs and requirements through the Governmentwide point of entry.
- Make R&D contract results available to other Government activities and the private sector, following agency regulations.
In practice
- When bidding on R&D contracts, focus on proposing innovative ideas and demonstrating high competence in the specific field, as awards are based on best ideas and capability.
- Expect work statements that allow flexibility and creativity, and be prepared to negotiate rather than respond to sealed bids.
- If you are an educational institution or nonprofit, be aware of special rules for research contracts, including the role of the principal investigator and title to equipment.
- For subcontracting technical work, obtain the contracting officer's advance knowledge and be ready to provide detailed subcontracting plans for cost-reimbursement contracts.
Common pitfalls
- Assuming that fixed-price contracts are always preferred; in R&D, fixed-price is used only when goals, objectives, specifications, and cost estimates are sufficient.
- Subcontracting technical or scientific work without informing the contracting officer in advance, which violates 35.009.
- Failing to include required scientific and technical reports, as R&D contracts must require them as a permanent record.
- Using a broad agency announcement when meaningful proposals with varying technical approaches cannot be reasonably anticipated.
Written by AI from this part's codified text (2026-10-04); cited sections are checked against the part. A guide, not legal advice: the regulation text, the solicitation and your contract rule.
Rule changes for FAR Part 35
- Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 16, 17, and 35 ↗ · proposed 2026-09-18 · comments due 2026-10-19
Subparts and sections
- 35.000 Scope of part.
- 35.001 Definitions.
- 35.002 General.
- 35.003 Policy.
- 35.004 Publicizing requirements and expanding research and development sources.
- 35.005 Work statement.
- 35.006 Contracting methods and contract type.
- 35.007 Solicitations.
- 35.008 Evaluation for award.
- 35.009 Subcontracting research and development effort.
- 35.010 Scientific and technical reports.
- 35.011 Data.
- 35.012 Patent rights.
- 35.013 Insurance.
- 35.014 Government property and title.
- 35.015 Contracts for research with educational institutions and nonprofit organizations.
- 35.016 Broad agency announcement.
- 35.017 Federally Funded Research and Development Centers.
- 35.017-1 Sponsoring agreements.
- 35.017-2 Establishing or changing an FFRDC.
- 35.017-3 Using an FFRDC.
- 35.017-4 Reviewing FFRDC's.
- 35.017-5 Terminating FFRDC.
- 35.017-6 Master list of FFRDC's.
- 35.017-7 Limitation on the creation of new FFRDC's.
← Part 34: Major System AcquisitionPart 36: Construction and Architect-engineer Contracts →
All FAR parts
- Part 1 Federal Acquisition Regulations System
- Part 2 Definitions of Words and Terms
- Part 3 Improper Business Practices and Personal Conflicts of Interest
- Part 4 Administrative and Information Matters
- Part 5 Publicizing Contract Actions
- Part 6 Competition Requirements
- Part 7 Acquisition Planning
- Part 8 Required Sources of Supplies and Services
- Part 9 Contractor Qualifications
- Part 10 Market Research
- Part 11 Describing Agency Needs
- Part 12 Acquisition of Commercial Products and Commercial Services
- Part 13 Simplified Acquisition Procedures
- Part 14 Sealed Bidding
- Part 15 Contracting by Negotiation
- Part 16 Types of Contracts
- Part 17 Special Contracting Methods
- Part 18 Emergency Acquisitions
- Part 19 Small Business Programs
- Part 22 Application of Labor Laws to Government Acquisitions
- Part 23 Environment, Sustainable Acquisition, and Material Safety
- Part 24 Protection of Privacy and Freedom of Information
- Part 25 Foreign Acquisition
- Part 26 Other Socioeconomic Programs
- Part 27 Patents, Data, and Copyrights
- Part 28 Bonds and Insurance
- Part 29 Taxes
- Part 30 Cost Accounting Standards Administration
- Part 31 Contract Cost Principles and Procedures
- Part 32 Contract Financing
- Part 33 Protests, Disputes, and Appeals
- Part 34 Major System Acquisition
- Part 35 Research and Development Contracting
- Part 36 Construction and Architect-engineer Contracts
- Part 37 Service Contracting
- Part 38 Federal Supply Schedule Contracting
- Part 39 Acquisition of Information Technology
- Part 40 Information Security and Supply Chain Security
- Part 41 Acquisition of Utility Services
- Part 42 Contract Administration and Audit Services
- Part 43 Contract Modifications
- Part 44 Subcontracting Policies and Procedures
- Part 45 Government Property
- Part 46 Quality Assurance
- Part 47 Transportation
- Part 48 Value Engineering
- Part 49 Termination of Contracts
- Part 50 Extraordinary Contractual Actions and the Safety Act
- Part 51 Use of Government Sources by Contractors
- Part 52 Solicitation Provisions and Contract Clauses
- Part 53 Forms
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗.