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yankees2009

Option years on BPA's

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We have a BPA that we want to award for a 5 year period. There is a disagreement in my office as to whether or not to include option years in a BPA or to simply identify the PoP as being 5 years. I don't see the need to add option years. Thoughts?

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If you are talking about a FAR Part 8 BPA, the answer is "It depends".

8-405-3 (d) Duration of BPAs.

(1) Multiple-award BPAs generally should not exceed five years in length, but may do so to meet program requirements.

(2) A single-award BPA shall not exceed one year. It may have up to four one-year options. See paragraph (e) of this section for requirements associated with option exercise.

(3) Contractors may be awarded BPAs that extend beyond the current term of their GSA Schedule contract, so long as there are option periods in their GSA Schedule contract that, if exercised, will cover the BPA's period of performance.

If you are talking about a FAR Part 13 BPA, the answer is "No".

13.303-3 -- Preparation of BPAs.

Prepare BPAs on the forms specified in 13.307. Do not cite accounting and appropriation data (see 13.303-5(e)(4)).

(a) The following terms and conditions are mandatory:

(1) Description of agreement. A statement that the supplier shall furnish supplies or services, described in general terms, if and when requested by the contracting officer (or the authorized representative of the contracting officer) during a specified period and within a stipulated aggregate amount, if any.

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Guest Vern Edwards

We have a BPA that we want to award for a 5 year period. There is a disagreement in my office as to whether or not to include option years in a BPA or to simply identify the PoP as being 5 years. I don't see the need to add option years. Thoughts?

Do you consider a BPA to be a contract?

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Guest Vern Edwards

Thanks, airborne373. I'm going to wait for yankee before I say anything.

Was 373 your number at Benning?

All the way!

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373 is for 3 BN 73rd armor. I was at Ft Bragg from 91 to 95, throwing myself and sheridans out of "perfectly good" airplanes.

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Guest Vern Edwards

Vern,

No, a BPA is not a contract.

Then, what good will an option do you, since you can't enforce it?

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