EXISTING BPAS OR OTHER AND FAR 13.5

[MeryWifcon]

I have received various new requirements over the SAP and would like to use existing BPAs. In the existing BPAS I had incorporated that Calls could be placed above the SAP. The Test Program FAR 13.5 no longer applies but it is my believe that as long as the BPA is active it can be used. The BPAS are agreements but the terms and conditions have not been changed between the parties. If a new requirement is received that no existing vehicle can be used then I would use a method of procurement other than FAR 13.5. Any comments?

[C Culham]

MeryWifcon - Generally speaking I would question if your existing BPA's could be used. First reference is FAR 1.108(d) for you to consider commensurate with the definition of "solicitation" in FAR 2.101 with both suggestiing strongly that FAR 13.5 would not apply. Simply your reference to "agreements" is the key, BPA's are not contracts and with FAR 13.5 now out your competitions under the BPA's have to be in accord with the current FAR. The only out would be if your BPA's were written per FAR 13.303-2©(3) or if you have other specifics that might be applicable to the situation (agency regulations).