[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR35.017-2]

[Page 709-710]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 35_RESEARCH AND DEVELOPMENT CONTRACTING--Table of Contents
 
Sec.  35.017-2  Establishing or changing an FFRDC.

    To establish an FFRDC, or change its basic purpose and mission, the 
sponsor shall ensure the following:
    (a) Existing alternative sources for satisfying agency requirements 
cannot effectively meet the special research or development needs.
    (b) The notices required for publication (see 5.205(b)) are placed 
as required.
    (c) There is sufficient Government expertise available to adequately 
and objectively evaluate the work to be performed by the FFRDC.
    (d) The Executive Office of the President, Office of Science and 
Technology Policy, Washington, DC 20506, is notified.
    (e) Controls are established to ensure that the costs of the 
services being provided to the Government are reasonable.
    (f) The basic purpose and mission of the FFRDC is stated clearly 
enough to enable differentiation between work which should be performed 
by the FFRDC and that which should be performed by non-FFRDC's.
    (g) A reasonable continuity in the level of support to the FFRDC is 
maintained, consistent with the agency's need for the FFRDC and the 
terms of the sponsoring agreement.
    (h) The FFRDC is operated, managed, or administered by an autonomous 
organization or as an identifiably separate operating unit of a parent 
organization, and is required to operate in

[[Page 710]]

the public interest, free from organizational conflict of interest, and 
to disclose its affairs (as an FFRDC) to the primary sponsor.
    (i) Quantity prodution or manufacturing is not performed unless 
authorized by legislation.
    (j) Approval is received from the head of the sponsoring agency.

[55 FR 3885, Feb. 5, 1990, as amended at 62 FR 12694, Mar. 17, 1997]