samsearch
    Platform
    01InfluenceShape the requirement before it's on your competitor's radar.
    Signal
    Recompete window opens in 42 days
    Facilities maintenance IDIQ$8.4M
    Forecast
    Agency spend up 18% next FY
    DoD facilitiesQ3 window
    02CaptureFind and qualify the work across every market.
    Federal91%
    Network engineering support — GSA MAS
    GSA541512
    SLED88%
    Custodial services — Fairfax County Public Schools
    K-12561720
    DIBBS79%
    Aircraft hydraulic fitting — DLA Aviation
    DLANSN 5330
    03AnalyzeExtract requirements and build the compliance matrix.
    Compliance matrix
    L.2.1Technical approachVol I
    L.3.4Staffing planVol I
    M.1Past performanceEvaluated
    SOW breakdown
    Requirements extracted38
    Mapped to Section L/M38
    Every extractionCited
    Ask Sammy
    “Do we meet the small business set-aside?”
    04ManageRun the pursuit through to award.
    Pipeline
    QualifyFacilities support · USACE
    CaptureComms upgrade · DLA
    ProposalShipyard dredging · NAVSEA
    PriyaAlex
    This week
    Submit past performance refsThu
    Confirm subK teamingFri
    Upload SF 33Mon
    05RespondDraft and submit your response.
    Drafting · Volume I
    247 words
    RFI response
    CompanyAcme Robotics LLC
    UEIJK4M8…
    Capability narrativeDrafted
    06FinanceGet paid faster on what you win.
    Capital available
    $2.4M against your award
    Facilities maintenance IDIQAwarded
    Partner matched
    LenderFederal Capital Partners
    Draw available$2.4M
    UnderwritingCleared
    The platform
    Influence
    Capture
    Analyze
    Manage
    Respond
    Finance
    One pipeline, six stages, start to award.
    See the whole platform
    Solutions
    By industry
    Tech & softwareSoftware and SaaS companies entering GovCon.Defense contractorsPrimes and subs in the defense industrial base.ConstructionBuilders bidding federal, state, and local work.CybersecuritySecurity vendors pursuing federal mandates.
    By team
    Capture managers & BDPipeline, qualification, and win strategy.Proposal teamsCompliance matrices and proposal drafting.Subcontractors & primesTeaming, subcontracting, and partner fit.
    By company size
    Small businessesSet-aside and small business contractors.EnterpriseLarge contractors running multiple pursuits.ConsultantsAdvisors and capture consultants.
    Browse all industries
    CustomersPricing
    ResourcesNew
    Learn
    AcademyCourses, guides, and playbooks.WebinarsLive sessions and recordings.DocsProduct documentation and setup guides.Implementation planOperational rollout guidance.
    Tools & data
    Free GovCon toolsCalculators, lookups, and more.Gov ExploreContracts, agencies, and NAICS codes.GovCon eventsConferences, training, and set-aside events.
    Latest blogIntroducing the New SamSearch: The Operating System for Government ContractingSamSearch has a new brand, a new site, and a new way of explaining what the platform actually does — the operating system for government contracting, organized around six stages instead of a single search box. Here's what changed and why.Read the post →
    All resources and tools
    Sign inRequest a demo
    Home/FAR Navigator/35/35.003

    FAR Navigator

    • 1Federal Acquisition Regulations System
    • 2Definitions of Words and Terms
    • 3Improper Business Practices and Personal Conflicts of Interest
    • 4Administrative and Information Matters
    • 5Publicizing Contract Actions
    • 6Competition Requirements
    • 7Acquisition Planning
    • 8Required Sources of Supplies and Services
    • 9Contractor Qualifications
    • 10Market Research
    • 11Describing Agency Needs
    • 12Acquisition of Commercial Products and Commercial Services
    • 13Simplified Acquisition Procedures
    • 14Sealed Bidding
    • 15Contracting by Negotiation
    • 16Types of Contracts
    • 17Special Contracting Methods
    • 18Emergency Acquisitions
    • 19Small Business Programs
    • 22Application of Labor Laws to Government Acquisitions
    • 23Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace
    • 24Protection of Privacy and Freedom of Information
    • 25Foreign Acquisition
    • 26Other Socioeconomic Programs
    • 27Patents, Data, and Copyrights
    • 28Bonds and Insurance
    • 29Taxes
    • 30Cost Accounting Standards Administration
    • 31Contract Cost Principles and Procedures
    • 32Contract Financing
    • 33Protests, Disputes, and Appeals
    • 34Major System Acquisition
    • 35Research and Development Contracting
      • 35.000Scope of part.
      • 35.001Definitions.
      • 35.002General.
      • 35.003Policy.
      • 35.004Publicizing requirements and expanding research and development sources.
      • 35.005Work statement.
      • 35.006Contracting methods and contract type.
      • 35.007Solicitations.
      • 35.008Evaluation for award.
      • 35.009Subcontracting research and development effort.
      • 35.010Scientific and technical reports.
      • 35.011Data.
      • 35.012Patent rights.
      • 35.013Insurance.
      • 35.014Government property and title.
      • 35.015Contracts for research with educational institutions and nonprofit organizations.
      • 35.016Broad agency announcement.
      • 35.017Federally Funded Research and Development Centers.
    • 36Construction and Architect-Engineer Contracts
    • 37Service Contracting
    • 38Federal Supply Schedule Contracting
    • 39Acquisition of Information Technology
    • 40Reserved
    • 41Acquisition of Utility Services
    • 42Contract Administration and Audit Services
    • 43Contract Modifications
    • 44Subcontracting Policies and Procedures
    • 45Government Property
    • 46Quality Assurance
    • 47Transportation
    • 48Value Engineering
    • 49Termination of Contracts
    • 50Extraordinary Contractual Actions and the Safety Act
    • 51Use of Government Sources by Contractors
    • 52Solicitation Provisions and Contract Clauses
    • 53Forms
    Up to 35
    SectionUpdated April 16, 2026

    FAR 35.003—Policy.

    Plain-English Summary

    FAR 35.003 states the basic policy framework for using contracts in research and development (R&D) settings and for handling two related administrative issues: cost sharing and recoupment. It explains when the Government should use a contract versus a grant or cooperative agreement, focusing on the principal purpose of the transaction and whether the work is for the direct benefit or use of the Federal Government or instead to stimulate or support R&D for another public purpose. It also points readers to the rules that govern cost sharing under Government contracts, including the cross-references to FAR 16.303 and 42.707(a) plus agency procedures, and it addresses recoupment when it is not otherwise required by law. In practice, this section is important because it helps contracting officials choose the correct legal instrument at the outset, avoid misusing contracts for assistance-type purposes, and apply agency-specific policies consistently when cost sharing or recoupment issues arise. For contractors, it signals that cost-sharing commitments and any recoupment obligations are not free-form negotiations; they must fit within the FAR framework and the agency’s implementing procedures.

    Key Rules

    Use contracts for direct benefit

    A contract is appropriate only when the principal purpose is acquiring supplies or services for the direct benefit or use of the Federal Government. If the transaction is really about obtaining work for the Government’s own needs, the contract vehicle is the correct choice.

    Use assistance for public purpose R&D

    When the principal purpose is to stimulate or support research and development for another public purpose, the Government should use a grant or cooperative agreement instead of a contract. The key distinction is whether the Government is buying something for itself or supporting broader R&D objectives.

    Follow cost-sharing rules

    Any cost-sharing policy under a Government contract that is not required by law must follow FAR 16.303, FAR 42.707(a), and applicable agency procedures. This means cost sharing is controlled by the FAR framework and agency implementation, not by ad hoc agreement alone.

    Apply agency recoupment procedures

    If recoupment is not otherwise required by law, it must be handled in accordance with agency procedures. Agencies therefore control the details of when and how recoupment is pursued unless a statute already dictates the outcome.

    Responsibilities

    Contracting Officer

    Determine the proper instrument based on the principal purpose of the transaction; ensure contracts are used only for acquisitions for the Government’s direct benefit or use; apply the FAR and agency rules when negotiating or administering cost sharing; and follow agency procedures for any recoupment action not mandated by law.

    Agency

    Issue and maintain procedures implementing cost sharing and recoupment policies; ensure those procedures are consistent with FAR 16.303 and 42.707(a); and provide guidance so contracting personnel use the correct instrument for R&D-related transactions.

    Contractor

    Understand that cost-sharing commitments must comply with the applicable FAR provisions and agency procedures; negotiate and perform in accordance with the selected instrument; and comply with any recoupment terms or agency procedures that apply to the contract.

    Program/Technical Officials

    Help define the actual principal purpose of the requirement so the Government selects the correct vehicle; distinguish between acquisition for direct Government use and support for broader R&D public purposes; and coordinate with contracting personnel when cost sharing or recoupment issues may affect the project.

    Practical Implications

    1

    The biggest day-to-day issue is choosing the right legal instrument early. If the Government’s real purpose is to support R&D for a public purpose rather than buy something for its own direct use, using a contract can create a legal and policy mismatch.

    2

    Cost sharing is not something agencies or contracting officers should invent from scratch. If it is used, it must fit the FAR cross-references and agency procedures, so contractors should always verify the basis for any proposed cost-share requirement.

    3

    Recoupment is agency-driven unless a law already requires it. That means contractors should look for the agency’s specific policy and contract language rather than assuming a uniform Government-wide rule.

    4

    A common pitfall is confusing the purpose of the transaction with the subject matter of the work. Even if the work is R&D, the deciding factor is whether the Government is acquiring services for its own direct benefit or supporting a broader public purpose.

    5

    This section is a reminder that instrument selection has legal consequences. Misclassifying an assistance relationship as a contract can lead to compliance problems, protest risk, and administrative complications later in performance or closeout.

    Official Regulatory Text

    (a) Use of contracts. Contracts shall be used only when the principal purpose is the acquisition of supplies or services for the direct benefit or use of the Federal Government. Grants or cooperative agreements should be used when the principal purpose of the transaction is to stimulate or support research and development for another public purpose. (b) Cost sharing. Cost sharing policies (which are not otherwise required by law) under Government contracts shall be in accordance with 16.303 , 42.707 (a) and agency procedures. (c) Recoupment. Recoupment not otherwise required by law shall be in accordance with agency procedures.

    Back to 35FAR Navigator
    samsearch

    The Complete AI Platform for Government Contracting

    Platform
    • Product
    • Pricing
    • ROI calculator
    • Integrations
    • Changelog
    Solutions
    • Solutions
    • Customers
    • Comparisons
    • Market watch
    Resources
    • Blog
    • Free GovCon tools
    • Glossary
    • Docs
    Company
    • API & partnerships
    • Careers
    • Support
    • Compliance
    • Trust centre
    • Contact
    Recognised & verified
    SOC 2 Type II Compliant, SamSearchAWS Partner - Advanced, SamSearch on AWS MarketplaceGartner Peer Insights Customer First, SamSearch
    Ask AI about samsearch
    Ask ChatGPTAsk ClaudeAsk Perplexity
    Follow

    © 2026 samsearch. All rights reserved.

    Terms of usePrivacy policy