This series of FAR summaries is meant to take a meaningful portion of the Federal Acquisition Regulations to ensure an easy-to-understand approach to maintain that readers comprehend the process of doing business with the government and that the government exercises a fair and reasonable approach to doing business with the general public.
FAR Part 35 Research and Development Contracting
Think COVID-19 vaccine.
GAO-Operation Warp Speed
https://www.gao.gov/products/gao-21-319
Per FAR 35.004 each R&D buy is under full-and-open competition. The solicitation houses a statement of work and not a performance work statement (FAR 35.005) because the SOW gives a task and the PWS is performance based. This gives the awardee the freedom to be creative. R&D contracting is not precise and cost-reimbursement contracts are the norm per FAR 35.006(c). This places trust in the contractor’s subject expertise. In accordance with FAR 35.006(e) R&D projects usually morph into a fixed-price contract when it’s time for production efforts.
For R&D buys the Contracting Officer sends solicitations to qualified companies who show present or past performance, have a professional reputation, show success and possess the knowledge, skills, ability, tools and other attributes needed to perform the job among other things (FAR 35.007(a)(1-5). The gist of FAR 35.007 is that the offeror often has more credibility than the government and in many instances has the ability to call the shots on how the project rolls to production.
The decision for award is standard fare (FAR 35.008) and the CO has to approve subcontracting before-hand (FAR 35.009).
Reports are mandatory (FAR 35.010) and data is required (FAR 35.011).
Like I said, think COVID-19 regardless of whether you voted for Trump or Biden.
I remember when we were given this exact scenario for simulation at the VA Acquisition Academy during training. Some in the 2015 cohort wondered where they came up with these things. If we use a forcefield to protect against nuclear holocaust then I hope Jesus comes back because that facility is batting a thousand in extreme examples for R&D contracts in the federal government. They got mad at us when we found the CDC’s project for a post apocalyptic zombie detention center alignment, though! Actually, Chris found that. I have to give credit where credit is due.
These would be fun proposals to write and analyze.
If you think I can help you then email nicholas.s.robertson@outlook.com for your introductory message and free consultation.
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