FAR 35.009—Subcontracting research and development effort.
Plain-English Summary
FAR 35.009 addresses subcontracting of research and development (R&D) effort, with a special focus on technical and scientific work. The section explains why the Government cares about subcontracting in R&D: the original contractor is often selected for its unique scientific or technological capability, so the agency needs advance visibility into any plan to pass that work to others. It covers the contracting officer’s duty during negotiation of cost-reimbursement R&D contracts to obtain complete information about proposed subcontracting of experimental, research, or development effort, and it also addresses fixed-price R&D contracts, where the contracting officer should evaluate subcontracting plans and may negotiate protections for the Government’s interests. The section ties into FAR 35.007(c) and the subcontract approval requirements in the Subcontracts clause at FAR 52.244-2, as prescribed by FAR 44.204(a). In practice, this means subcontracting in R&D is not just a routine purchasing decision; it can affect the basis on which the contractor was selected, the quality of the technical work, and the Government’s ability to control performance and protect sensitive or mission-critical research.
Key Rules
Advance knowledge required
The contractor should not subcontract technical or scientific R&D work without the contracting officer’s advance knowledge. This reflects the Government’s interest in knowing who will actually perform the core scientific effort.
Cost-reimbursement contracts need full disclosure
When negotiating a cost-reimbursement R&D contract, the contracting officer must obtain complete information about the contractor’s plans to subcontract any part of the experimental, research, or development effort. The purpose is to ensure the Government understands how the work will be divided before award.
Fixed-price contracts still require review
For fixed-price R&D contracts, the contracting officer should evaluate subcontracting information and may negotiate an agreement that protects the Government’s interests. While the rule is less mandatory than for cost-reimbursement contracts, the Government still has a strong interest in controlling technical subcontracting.
Subcontract approval clause may apply
The Subcontracts clause at FAR 52.244-2, when included under the prescription in FAR 44.204(a), requires prior contracting officer approval for certain subcontracts. This clause can create an enforceable approval mechanism beyond the general disclosure expectations in this section.
Protect the basis of selection
Because R&D awards are often based on the contractor’s own scientific and technological capability, subcontracting can change the actual source of performance. The contracting officer should ensure subcontracting does not undermine the evaluation basis or the Government’s confidence in the contractor’s proposed approach.
Coordinate with related R&D policy
This section should be read together with FAR 35.007(c), which also addresses subcontracting considerations in R&D. Together, these provisions emphasize early Government awareness and control over significant portions of the technical effort.
Responsibilities
Contracting Officer
During negotiation of cost-reimbursement R&D contracts, obtain complete information on any planned subcontracting of experimental, research, or development work. For fixed-price R&D contracts, evaluate the subcontracting information and, when appropriate, negotiate terms that protect the Government’s interests. Where FAR 52.244-2 applies, enforce prior approval requirements for covered subcontracts.
Contractor
Disclose planned subcontracting of technical or scientific R&D work to the contracting officer and avoid subcontracting such work without the Government’s advance knowledge. If the contract includes the Subcontracts clause, obtain required approvals before placing covered subcontracts.
Agency
Ensure R&D acquisition practices preserve the Government’s ability to know who will perform the technical work and to apply subcontract approval controls where required. Agencies should support contracting officers in reviewing subcontracting arrangements that could affect performance, competition, or the integrity of the selection decision.
Practical Implications
R&D contractors cannot treat technical subcontracting as a routine back-office decision; it can affect award acceptability and contract administration.
A common pitfall is failing to disclose early plans to subcontract key scientific tasks, which can create performance, oversight, or approval problems later.
Contracting officers should ask specifically which portions of the experimental, research, or development effort will be subcontracted, to whom, and why.
For fixed-price R&D, the Government may have less direct control than in cost-reimbursement contracting, so negotiated protections become especially important.
If FAR 52.244-2 applies, contractors must watch for subcontract approval thresholds and procedures, because placing a covered subcontract without approval can create compliance issues.
Official Regulatory Text
Since the selection of R&D contractors is substantially based on the best scientific and technological sources, it is important that the contractor not subcontract technical or scientific work without the contracting officer’s advance knowledge. During the negotiation of a cost-reimbursement R&D contract, the contracting officer shall obtain complete information concerning the contractor’s plans for subcontracting any portion of the experimental, research, or development effort (see also 35.007 (c)). Also, when negotiating a fixed-price contract, the contracting officer should evaluate this information and may obtain an agreement that protects the Government’s interests. The clause at 52.244-2 , Subcontracts, prescribed for certain types of contracts at 44.204 (a), requires the contracting officer’s prior approval for the placement of certain subcontracts.