If we have an existing BAA contract that has been funded with R&D, what would be the criteria to fund also with OPA dollars?
When reading the FMR, there could be an interpretation that other than RDT&E funding would be allowed on an RDT&E project, perhaps even a BAA. However, the DoD General Counsel included an interpretation regarding BAA’s and RDT&E funding in a section by section analysis of the FY2010 appropriation bill. The answer is clear – no other funding shall be used on a BAA.
http://www.dod.mil/dodgc/olc/docs/FY10_NDAA_sectional_analysis.pdf clarifies the use of BAAs and RDT&E funding. Reference page 60 of 104, “In the DoD this restricts the use of BAAs to projects funded under the Research, Development, Test, and Evaluation (RDT&E) appropriations’ S&T budget categories 6.1 (Basic), 6.2 (Applied), and 6.3 (Advanced Technology Development). In a number of instances, the outcome from the contract resulting from a BAA leads to advanced or applied levels of development funded by budget categories 6.4 or 6.5 or directly to the development of a prototype, further production of which may eventually be considered Low Rate Initial Production (LRIP) of an item. LRIP is funded with advanced RDT&E funds or procurement funds, depending on the use to which the LRIP item will be put. In such a situation, a new, separate contract for advanced research and development or for procurement of the items developed must be drafted and a new competition must be undertaken prior to the award as the use of a BAA is restricted to the award of contracts for Science and Technology only.” The DOD GC recognized that “this causes a “break” in the development program that may last up to 12 months while the new competitive acquisition is conducted;” however, based on their interpretation, the restriction is clear.
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