DFARS Part 235 - Reseach And Development Contracts

The DFARS – 2025
The Defense Federal Acquisition Regulation
Supplement
A Complimentary Webinar Series
JSchaus & Associates – Washington DC – hello@Jenniferschaus.com

The DFARS – 2025 - The Defense Federal Acquisition Regulation Supplement
ABOUT THE SERIES:
We’ll cover each PART of THE DFARS
Typically held Wednesdays + Fridays @ 12pm ET
Complimentary + Recorded
VIDEOS Posted on YouTube
https://www.youtube.com/@jenniferschaus/videos
PPTs Posted on SlideShare
https://www.slideshare.net
Sponsor/Advertising Options Available

ABOUT THE SERIES:
WHERE TO REGISTER

ABOUT THE SERIES:

ABOUT US:
Services for FED GOV CONTRACTORS:
Washington DC based;
Professional services for established gov cons:
Market Analysis,
Proposal Writing
GSA Schedules; VA Schedules, FEDLink, etc.
Contract Administration, etc.

DFARS – 2025 - Defense Federal Acquisition Regulation Supplement
Executive Order EO 14240
Consolidating domestic Federal procurement in the General Services
Administration — the agency designed to conduct procurement — will
eliminate waste and duplication, while enabling agencies to focus on their core
mission of delivering the best possible services for the American people.
LET US HELP YOU GET ON THE GSA SCHEDULE !

ABOUT US:
Services for THOSE SELLING TO FED GOV CONTRACTORS:
Newsletter Advertising
Webinar Sponsorship
Event Sponsorship
Sponsored Content Newsletters + Webinars
Social Media Postings
Video Hosting - YouTube
Ask us for a MEDIA KIT!

https://June2025GovCon.eventbrite.com
SPONSORS – IN-KIND SPONSORS - GOVERNMENT
FEDERAL GOVERNMENT CONTRACTORS
SUMMER SOIREE
MON, JUNE 23rd
5.30 - 7.30pm

Marketing TO Federal Contractors?
Digital Advertising Offer
38K+ Newsletter Subscribers
85% Federal Contractors
28% Open Rates (12 Mo Ave)
4% - 12% Click Rates (12 Mo Ave)
--------------------------------
hello@JenniferSchaus.com for details

THANK YOU TO OUR WEBINAR IN KIND SPONSORS

THANK YOU TO OUR WEBINAR PAID SPONSORS

VISIT: https://wrkplan.com
POC: AnitaB@wrkplan.com
SOFTWARE FEATURES:

• Ataira Government
• Cloud Licenses and
Services
• Managed IT Administration
and Security Services
• Business Intelligence, Data
Engineering and Analytics
• Security Assessments,
Hardening, Compliance
• Microsoft Cloud Software for
Government and
Contractors
• Contact Us
• sales@ataira.com
• https://www.ataira.com/Government/Services
UEI: XUNLJXK5RSS5

Reach the government and military community
with your public sector content, thought
leadership, products, services, and more.
Make the Most of Your Expertise
Build trust and
credibility
Boost awareness
of your brand
Elevate your
expertise
Promote your
products or services
Improve SEO
Support content
marketing efforts
with syndication
options
Your complimentary membership allows you to post
your white papers, research reports, datasheets, and
more, for free!
Have the expertise, but not the content? Our team
can help! Please contact
Stephanie.Gravel@govevents.com

THE DFARS – PART 235

DFARS PART 235
Research And Development
Contracting
SPEAKER: Karri Palmetier
FIRM: Palmetier Law
EMAIL: karri@palmetierlaw.com
TODAYS SPEAKER + TOPIC

DFARS PART 235
Research And Development
Contracting
SPEAKER: Nena Lenz
FIRM: Fredrikson & Byron
EMAIL: nlenz@fredlaw.com
TODAYS SPEAKER + TOPIC

Contracting Methods and Contract Type – 235.006
• For “major defense acquisition programs” (defined at 10 USC 4201):
o Follow DFARS Part 234.004; and
o Notify MDA if not exercising a fixed-price production option
• For non-major defense acquisition programs:
o Default contract type is cost reimbursement, and fixed price ok only if:
 Level of program risk permits realistic pricing
 Permits equitable and sensible allocation of program risk b/n Gov’t and
contractor
 Written assessment required
 by USD(A&S) if > $25M; otherwise by Contracting Officer
DFARS Part 235 – Research & Development
Contracting

Manufacturing Technology Program – 235.006-70
• ManTech is a DoD initiative to improve military capabilities, strengthen national
security, and enhance the US industrial base (https://www.dodmantech.mil/)
o Established under 10 USC 4841 (formerly 10 USC 2521)
• Must award all contracts using competitive procedures
o Full and Open; or
o Broad Agency Announcement and Commercial Solutions Opening - with peer
reviews
• Solicitations must include evaluation factor that addresses extent to which
offerors propose to share in cost of the project
o Non-traditional defense contractors may be exempt
Contracting

Competition – 235.006-71
• Broad Agency Announcement for science and technology projects (235.016)
o For proposals involving basic research, applied research, ATD, and ACD&P
• Commercial Solutions Opening for innovative solutions or potential capabilities
that fulfill requirements
o Per DFARS Subpart 212.7001, “innovative” is:
 any technology, process, or method (including R&D) that is new; or
 any new application of any existing technology, process, or method
Contracting

Evaluation for Award – 235.008
• Despite title, refers to limits on contractors acting as “lead system integrators”
(LSI’s)
o Simply refers to DFARS 209-570 (Limitations on contractors acting as LSI’s)
o DFARS 209-570 refers to definition of LSI in DFARS 209-7007
• 10 USC 4292 (formerly 10 USC 2410p) also sets forth limitations on LSI’s
Contracting

Scientific and Technical Reports – 235.010
• Defense Technical Information Center (DTIC)
o Repository for all DoD scientific and technical reports by (Gov’t and
contractors)
o R&D contract holders can access reports via procedures in DFARS PGI
235.010(b)
o Note of the DFARS PGI (Procedures, Guidance, and Information)
supplements DFARS regulations
• Scientific and technical reports also addressed in DFARS 235.072
o Refers to DFARS 252.235-7011 contract provision re Final Scientific or Tech.
Report
Contracting

Special Use Allowances for Research Facilities Acq’d by Educ. Institutions –
235.015-70
• Policy
o Educational institutions are to furnish facilities necessary to perform DoD
contracts
o Special use allowance may be used if the institution is not able to provide
capital for new labs or expanded facilities needed for DoD contracts
• FAR Subpart 31.3 provides principles for determining the cost of R&D, training,
and other work performed by educational institutions under Government
contracts
o Special use allowance is when allowance is at annual rate greater than that
calculated using FAR Subpart 31.3
o For construction or acquisition of buildings, structures, and real property (not
Contracting

Special Use Allowances – 235.015-70 (continued)
• Case-by-case in extraordinary situations, must be sound business arrangement
where:
1) Research facility is essential to performance of DoD contracts;
2) Existing facilities cannot meet program requirements;
3) Furnishing Government-owned facilities is undesirable or impractical; and
4) Proposed use of the facility is to conduct essential Government research.
• Calculation:
o Equitable allocation is based on various factors – subject to periodic
adjustment
o Government gets priority rights to use the facilities
o Only paid in years where Government has contract with educational
institution
o
Contracting

Broad Agency Announcement – 235.016
• Can be used for science and technology proposals for:
o Basic research
o Applied research
o Advanced technology development
o Advanced component development and prototypes
• See discussion of DFARS 235.001 (8 “budget activities” in the DoD Financial
Management Regulation (DoD 7000.14-R), Volume 2B, Chapter 5)
Contracting

Federally Funded R&D Centers – 235.017
• FFRDC are independent, non-gov’t organizations that conduct R&D for federal
agencies
o Discussed in detail in FAR 35
• If FFRDC board member or trustee serves on board or as trustee of profit-making
company under contract with DoD, the profit-making company must have a DoD-
approved conflict of interest policy
• 3 DoD-sponsored FFRDCs are allowed to respond to solicitations and
announcements for programs which promote R&D, demonstration, or transfer of
tech.
o C3I Lab (Inst. for Defense Analysis), Lincoln Lab (MIT), Software Eng. Inst.
(CMU)
Contracting

Indemnification against Unusually Hazardous Risks – 235.070
• Two rules regarding contractual indemnification
o 235.070-1 (R&D contracts) – 10 USC 3861 applies
o 235.070-2 (Contracts with R&D and other work) – Pub. L. 85-804 also may
apply
• Pub. L. 85-804
o Extraordinary contractual relief – legal authority of last resort
o Intent is to let government address hardships for contractors whenever relief
will “facilitate the national defense”
o Applies only to work to which 10 USC 3861 does not apply
Contracting

Indemnification under R&D Contracts – 235.070-1 (continued)
• Appropriate Secretary must authorize contract obligation and contract must
include clear definition of “unusually hazardous” risks
• Indemnifies contractor and subcontractors for:
o Claims for death, bodily injury, and loss of/damage to property by 3rd
persons
(including employees)
o Loss of or damage to property to the extent that it:
 Results from risk that the contract identifies as “unusually hazardous”;
 Arises from direct performance of the contract; and
 Is not compensated by insurance or other means
• Secretary must certify payment is just and reasonable
Contracting

Other Provisions
• 235.071 – Export-controlled items (DFARS 225.7901)
• 235.072 – Additional contract clauses
o Animal Welfare (DFARS 252.235-7002
o (Devices requiring) Frequency Authorization (DFARS 252.235-7003)
o Acknowledgement of Support and Disclaimer (DFARS 252.235-7010)
o Final Scientific or Technical Report (DFARS 252.235-7011)
o Protection of Human Subjects (DFARS 252.235-7004)
Contracting

Summary
• R&D contracts governed by DFARS Part 235 are just one of many types of
possible DoD R&D contracts and applicable rules –
o SBIR/STTR and other grants
o OTAs
o CRADA
o And more
Contracting

THANK YOU For Attending!
QUESTIONS?
Please Contact Our Speaker:
SPEAKER: Nena Lenz
FIRM: Fredrikson & Byron
EMAIL: nlenz@fredlaw.com

THANK YOU For Attending!
QUESTIONS?
Please Contact Our Speaker:
SPEAKER: Karri Palmetier
FIRM: Palmetier Law
EMAIL: karri@palmetierlaw.com

Please subscribe to our YouTube Channel
for Gov Con Content Uploads
including THESE WEBINARS!
https://www.youtube.com/@jenniferschaus/videos

Thank You For Attending!
The DFARS – 2025
The Defense Federal Acquisition Regulation
Supplement
A Complimentary Webinar Series

DFARS Part 235 - Reseach And Development Contracts

More Related Content

Similar to DFARS Part 235 - Reseach And Development Contracts

More from JSchaus & Associates

Recently uploaded

DFARS Part 235 - Reseach And Development Contracts