My agency has a BAA published on sam.gov.  We evaluate white papers (WPs) submitted against the topic areas and problem statements in the BAA.  If the WP is found to have merit, we plan to award a contract or OTA to that vendor.

Here is the issue:  This agency gets Budget Authority (BA) 6.5 (RDT&E) funding.

Question: Can this DOD agency award against the BAA using BA 6.5 RDT&E funds.

The push back:  Apparently a BAA can only be used for BA 6.1, 6.2. or 6.3, i.e., basic or early R&D type efforts.

Question: Can this agency just put in language that this agency's BAA plans to award more mature R&D efforts and will use BA 6.5 to fund projects, or similar language?  

Any flexibility on this issue?

 

1 hour ago, G-Man_KO said:

Any flexibility on this issue?

I am no expert but have some thoughts.  If there is a better expert than me that says no way then so be it.  My thoughts are -

It looks like the limitation you note is based on DFARS 235.016.  By my read 235.016 is not limiting direction but direction where BAA's "may" be used for certain budget authorities.   Or in other words it does not say BAA's shall not be used for 6.5.   So would not FAR 1.102-5(e) come into play?

My above is based on the document linked below.  It too discusses 6.1 through 6.4 but does specifcally exclude 6.5.  And then there is language in the link at "Restrictions" that talks about a "must" regarding the term "RDT&E funding" which is a term you also use. 

https://aaf.dau.edu/aaf/contracting-cone/baa/

All said it appears a depends might exist where a BAA can be used for BA 6.5.  I would suggest some additional effort internally to get a more explicit answer for your intended project(s).