Sign In
  • Question

    Can you take a white paper received from company "A" and make an award using an existing Basic Ordering Agreement (BOA), that Company "A" has with an agency?


    Answer

     FAR 1.102 (d) states:
    The role of each member of the Acquisition Team is to exercise personal initiative and sound business judgment in providing the best value product or service to meet the customer’s needs. In exercising initiative, Government members of the Acquisition Team may assume if a specific strategy, practice, policy or procedure is in the best interests of the Government and is not addressed in the FAR, nor prohibited by law (statute or case law), Executive order or other regulation, that the strategy, practice, policy or procedure is a permissible exercise of authority.

    While you might be able to use a Basic Order Agreement as an award vehicle, you would want to consult your legal counsel as well as the comptroller.  In accordance with
    FAR 35.016, the purpose of a Broad Agency Announcement is to acquire basic and applied research and that part of development not related to the development of a specific system or hardware procurement.  Areas that bare consideration are validating that the scope of work in the BOA is aligned to the BAA.  The funding for a BAA is normally Early Research and Development funds and that would need to be appropriate for the BOA.  Also the terms and conditions in the BOA should match those proposed in BAA.  Therefore, it may more advantageous to issue a new contract, grant, cooperative agreement, Technology Investment Agreement or Other Transaction to avoid any unforeseen issues between the BAA and the BOA. 


    Open full Question Details