BPA Awarded to Small Business...

[RonVa]

hi,

If a BPA was awarded to a small business that was then later purchased by a holding company which caused the business to be determined "other than a small business entity" does that BPA remain in effect as a small business? I know a regular contract will typically retain the small business status but a BPA is not a contract so I was wondering if the status changes? Thanks for any help you can provide!

Ron

[Boof]

No because each call on a BPA has to be determined at the time of the call. At the time of the call they are not a small business.

[C Culham]

RonVA – Actually the answer to your question may lay in no man’s land right now as SBA has revised the 13 CFR 121.404 on October 2, 2013 with regard to recertification and when size is determined for a BPA. The clincher is the Federal Register notice that made the revisions states it is " effective on or before December 31, 2013" so I suspect it would be up to you and your legal counsel to determine whether it is effective with regard to you specific situation.

Following is link to the Federal Register which in part states:

“With respect to ``Agreements'' including Blanket Purchase

Agreements (BPAs) (except for BPAs issued against a GSA Schedule

Contract), Basic Agreements, Basic Ordering Agreements, or any other

Agreement that a contracting officer sets aside or reserves awards to

any type of small business, a concern must qualify as small at the time

of its initial offer (or other formal response to a solicitation),

which includes price, for the Agreement. Because an Agreement is not a

contract, the concern must also qualify as small for each order issued

pursuant to the Agreement in order to be considered small for the order

and for an agency to receive small business goaling credit for the

order.”

And

“(ii) Recertification is required:

(A) When a concern acquires or is acquired by another concern;

( From both the acquired concern and the acquiring concern if each has been awarded a contract as a small business; andShow citation box

© From a joint venture when an acquired concern, acquiring concern, or merged concern is a participant in a joint venture that has been awarded a contract or order as a small business.”

The Federal Register link…….

https://www.federalregister.gov/articles/2013/10/02/2013-22064/acquisition-process-task-and-delivery-order-contracts-bundling-consolidation#h-13

PS – Thanks Retreadfed

[Don Mansfield]

RonVA,

Which type of BPA do you have? Stand-alone or under a FSS contract?

[RonVa]

Thanks everyone. Don it's a stand alone BPA

[napolik]

Any size status represented at BPA placement is irrelvant when a purchase is to be made at a value exceeding the micropurchase threshold. When a purchase is solicited, the contracting officer must include the provision at 52.219-1 Small Business Program Representations. You will be required to certify to a business size based upon the size standard identified by the contracting officer.