35.016 Broad agency announcement
Source: FAR 35.016 on acquisition.gov
FAR 35.016 enables agencies to use Broad Agency Announcements for flexible, competitive acquisition of innovative research and development, requiring clear public notice, defined evaluation criteria, and peer review.
Overview
FAR 35.016 establishes the procedures for using Broad Agency Announcements (BAAs) in acquiring basic and applied research, as well as certain types of development not tied to specific systems or hardware. BAAs are intended for scientific study and experimentation to advance knowledge or technology, rather than for procuring specific products. Agencies may use BAAs when they expect to receive diverse, meaningful proposals with different technical or scientific approaches.
Key Rules
- BAA Content Requirements
- The BAA must describe the agency’s research interests, selection criteria and their importance, evaluation methods, proposal submission period, and instructions for proposal preparation and submission.
- Publicizing BAAs
- BAAs must be publicized via the Governmentwide point of entry (GPE) at least annually, and may also be published in scientific or technical journals if authorized.
- Proposal Evaluation
- Proposals are evaluated using peer or scientific review based on criteria in the BAA, with written evaluations required for each proposal. Proposals are not compared against each other.
- Selection Basis
- Selection is primarily based on technical merit, relevance to agency programs, and available funding, with cost realism and reasonableness considered as appropriate.
- Synopsis Requirement
- No separate synopsis under FAR 5.2 is required for individual contract actions resulting from BAAs; the BAA notice itself fulfills this requirement.
Responsibilities
- Contracting Officers: Ensure BAAs are properly structured, publicized, and that proposals are evaluated and selected per the regulation.
- Contractors: Submit proposals in accordance with BAA instructions and criteria.
- Agencies: Oversee the BAA process, ensure compliance with publication and evaluation requirements, and maintain documentation.
Practical Implications
- BAAs provide a flexible method for agencies to solicit innovative research and development ideas.
- Contractors must pay close attention to the specific instructions and criteria in each BAA.
- Failure to follow BAA requirements can result in proposals not being considered. Agencies must ensure transparency and fairness in the evaluation process.
(a) General. This paragraph prescribes procedures for the use of the broad agency announcement (BAA) with Peer or Scientific Review (see 6.102(d)(2)) for the acquisition of basic and applied research and that part of development not related to the development of a specific system or hardware procurement. BAA’s may be used by agencies to fulfill their requirements for scientific study and experimentation directed toward advancing the state-of-the-art or increasing knowledge or understanding rather than focusing on a specific system or hardware solution. The BAA technique shall only be used when meaningful proposals with varying technical/scientific approaches can be reasonably anticipated.
(b) The BAA, together with any supporting documents, shall-
(1) Describe the agency’s research interest, either for an individual program requirement or for broadly defined areas of interest covering the full range of the agency’s requirements;
(2) Describe the criteria for selecting the proposals, their relative importance, and the method of evaluation;
(3) Specify the period of time during which proposals submitted in response to the BAA will be accepted; and
(4) Contain instructions for the preparation and submission of proposals.
(c) The availability of the BAA must be publicized through the Governmentwide point of entry (GPE) and, if authorized pursuant to subpart 5.5, may also be published in noted scientific, technical, or engineering periodicals. The notice must be published no less frequently than annually.
(d) Proposals received as a result of the BAA shall be evaluated in accordance with evaluation criteria specified therein through a peer or scientific review process. Written evaluation reports on individual proposals will be necessary but proposals need not be evaluated against each other since they are not submitted in accordance with a common work statement.
(e) The primary basis for selecting proposals for acceptance shall be technical, importance to agency programs, and fund availability. Cost realism and reasonableness shall also be considered to the extent appropriate.
(f) Synopsis under subpart 5.2, Synopses of Proposed Contract Actions, of individual contract actions based upon proposals received under the BAA is not required. The notice published pursuant to paragraph (c) of this section fulfills the synopsis requirement.