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CharterParty

FAR 35 Contracts R&D vice FAR 13/15

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Conundrum or Not?

Do the procedures of FAR 13,14, & 15 apply to R&D contracts solicited following the procedures of 35.007?  

Here are my thoughts, FAR 35.006 is titled “Contracting Methods and Contract Type” the same title as SubChapter C (Parts 13-18).  Within FAR 35 when other areas of contracting methods are required to be followed it states so expressly for example FAR 35.008(d) and (e), 35.007(d) and (e) .

In contrast, FAR PART 13 states in 13.000 “Scope of part.”  “This part prescribes policies and procedures for the acquisition of supplies and services, including construction, research and development,….the aggregate amount of which does not exceed the Simplified acquisition threshold”….

Is an award solicited via a BAA consistent with FAR 35.007 below the SAP to perform an analysis consistent with FAR 13.106-3 or 35.008?

FAR PART 15 states in 15.00 “Scope of part.” “This part prescribes policies and procedures governing competitive and noncompetitive negotiated acquisitions.”  The restrictions on the exchanges normaly provided in FAR 15 are removed in FAR 35.

Do the procedures in FAR 13.106 and FAR 15.404 apply note the statement at the end of 35.008(e)?

Thoughts and general discussion is appreciated.  

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Guest Vern Edwards

Are you a beginner with respect to R&D acquisition? I ask so that we can respond appropriately. In any case, I suggest that you follow Pepe The Frog's advice.

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