Just as with my Quick Hitters on the FAR and GSAR, my Quick Hitter series on the DFARS is meant to simplify contracting business with the government. This time with DoD.
DFARS 235.0 Research & Development Contracting
DFARS 235.006 Contracting Methods & Contract Type
If a FFP contract type is not the proper contract vehicle, explain why a cost-reimbursement contract is. This must be distributed to proper authority well before the option period begins. For those purchases other than a MWS, a FFP contract will not be used unless specific prices are displayed during the market research phase, equal risk between the buyer and the seller can be achieved and a written determination of such a decision at all appropriate levels is documented in the contract file. Approval by the Asst. Def. Sec must be obtained if the purchase exceeds $25M before negotiation as well as approval of the contractor before award if an FFP contract or contract action exceeds $250M, a reduction of an FfP contract or contract action exceeds $150M or a repricing of a FFP contract exceeds $250M.
DFARS 235.006-70 Manufacturing Technology Program
Competition must be sought. The CO must document what cost the offeror will share in the project.
DFARS 235.006-71 Competition
The CO can distribute a broad agency announcement accompanied by a peer and/or scientific review to satisfy this requirement. They can also utilize the quick method of a commercial solution opening accompanied by an appropriate peer review of the received pitches.
DFARS 235.008 Evaluation For Award
Remember to check for appropriate limitations for contractors if applicable.
DFARS 235.010 Scientific & Technical Reports
The DTIC collects all submissions. The CO may peruse historical trends within that DoD specific website.
DFARS 235.015-70 Special Use Allowances For Research Facilities Acquired By Educational Institutions
Read the definitions. Ensure you understand what “real property” and “special use allowance” mean. In short, what you are able to build or use.
Educational facilities are to furnish the place of performance for the contract and they are to receive proper reimbursement from the government. The construction of a special use facility is approved by the HCA, and may occur only if a new facility is essential to completion of the government contract, existing facilities cannot meet contract requirements practically or effectively, the approval is a sound business arrangement, GFP is undesirable or unpractical, and the government’s research requires the construction of a new facility.
When negotiating a special use allowance; determine the proper amount after consulting FAR 31.3, consider the cost of renting a facility, do not include the cost of land or interest on capital and operational costs such as maintenance and utilities are also not included in negotiations.
The period of allowance is generally 10 years, but can be less if the allowed is less than the build or acquisition. Special use allowance is only available during the completion of a federal contract. Reduced research may result in a newly negotiated special use allowance for that particular year. A special use allowance may occur proportionally under partial construction if a useful area has been completed. A special use allowance can be allocated based on total or partial cost of the acquisition or construction. When based on total cost normal use or depreciation will not apply during the special use period or when the institution recovers costs. When based on partial cost, use allowance and depreciation apply to the negotiated cost but do not apply outside the negotiated period
During the special use allowance period, the facility is prioritized to the government but must only be used for research and development which triggered the negotiation of the special use allowance period. If the facility is used outside of the government agreement then the government cannot be charged. The institution will not be paid more than the acquisition costs.
DFARS 235.016 Broad Agency Announcement
A broad agency announcement accompanied by a scientific or technology peer review meets the government’s requirement for competition. Such proposals include basic and applied research as well as advanced technology and component development.
DFARS 235.017 Federally Funded Research & Development Centers
No obligated funds after FY1992 can be used to construct such a center if a member of its Board Of Directors simultaneously serves on the board of a current DoD awardee due to conflict of interest. However, sponsored FFRDCs such as those at the Institute for Defense Analysis, MIT and Carnegie Mellon may submit proposals for research, development, demonstration or advancement of technology
DFARS 235.070 Indemnification Against Unusually Hazardous Risk
DoD will indemnify the contractor properly outside of its certificate of insurance if such acts are defined in the agreement properly (DFARS 235.070-1 & 235.070-2).
We mocked DoD R&D buys at the VA Acquisition Academy. That being said, at the time of this writing I have not done one of these for real. The work up is pretty fun, though.
If you think I can help you then email nicholas.s.robertson@outlook.com for your introductory email and free consultation. 
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