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Contract Specialist Fitz

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  1. A interesting debate has arisen in my office about the allow-ability of establishing a BPA under a GWAC like NASA SEWPV or CIO-CS. After research, NIH's stance is: "Question: Is issuing an order which is set up as an IDIQ/BPA under the GWAC permissible? Answer: While the Ordering Contracting Officer has a broad discretion in developing the most suitable order placement procedures, we suggest you consult your agency’s legal counsel and review GAO cases which may be pertinent to your requirement. Please keep in mind that all orders must be in accordance with FAR 16.505; specifically FAR 16.505 (a)(2), FAR 16.505 (a)(7), FAR 16.505 (a)(8), FAR 16.505 (b)(1)), and your Agency/Department FAR supplement. We also highly recommend the use of options, which are well defined and priced in your orders to give your customer maximum flexibility." This answer is likely vague for a reason. Does anyone have experience in doing this? Is there any case law e.g. GAO Protests, etc that would expressly approve or forbid this? Thank you!
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