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FAR 13 vs. FAR 8 BPAs - orders extending past BPA expiration

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My question is about whether or not we treat BPAs issued under FAR 13 and FAR 8 procedures are generally as it relates to issuing orders past BPA expiration. While searching for an answer I came across a previously referenced (in this blog) NIH FAQ on FAR 13 BPAs. The following was part of that FAQ:

7. Can a BPA Call for services extend beyond the period of performance of the parent BPA?

Yes, BPA Calls for services may extend beyond the period of performance of the parent BPA. However, if a BPA expires and is not renewed, you may not add more funds to the BPA Call.

8. Can a BPA Call be placed on a BPA before it expires?

Yes, a BPA Call can be placed against a BPA before it expires. However, performance must begin before expiration of the BPA. A BPA Call cannot be placed against a parent BPA with performance on the BPA Call to commence after the parent BPA ends.

 

Reading FAR 8.405, I don't see any limiting factors similar to BPAs issued under FAR 13. If the same questions shown above were asked about a FAR 8 BPA would the answers be different? The way that my agency has handled calls issued against 8.405-3 is essentially akin to a task order issued against an IDIQ (FAR 16.5), at least in the sense that they fund a call after the BPA has expired (but not the schedule), and sometimes even "update" the scope of the call order after BPA expiration. Does anybody have information that specifically states we have to follow the same rules provided for under FAR 13 when issuing BPAs/calls under FAR 8?

thanks in advance!

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1 hour ago, TGLJ said:

Does anybody have information that specifically states we have to follow the same rules provided for under FAR 13 when issuing BPAs/calls under FAR 8?

The term BPA was created over 50 years ago for a Small Purchase instrument. For whatever reason, GSA chose to name as a BPA the Federal Supply Schedule (FSS) instrument described in FAR 8.405-3. They are different instruments subject to the different rules. The Simplified Acquisition BPA is subject to the rules set out in FAR 13.303; the FSS BPA is subject to the rules set out in FAR 8.405-3. 

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If you'll read FAR 13.303 carefully, you will see that it does indeed cover BPAs issued under schedule contracts.

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5 hours ago, ji20874 said:

If you'll read FAR 13.303 carefully, you will see that it does indeed cover BPAs issued under schedule contracts.

Please provide the cite(s) supporting your conclusion.

Also, please look at FAR 13.003(a).

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“8.404   Use of Federal Supply Schedules.

(a) General. Parts 13 (except 13.303-2(c)(3)), 14, 15, and 19 (except for the requirement at 19.202-1(e)(1)(iii)) do not apply to BPAs or orders placed against Federal Supply Schedules contracts (but see 8.405-5). BPAs and orders placed against a MAS, using the procedures in this subpart, are considered to be issued using full and open competition (see 6.102(d)(3)). Therefore, when establishing a BPA (as authorized by 13.303-2(c)(3)), or placing orders under Federal Supply Schedule contracts using the procedures of 8.405, ordering activities shall not seek competition outside of the Federal Supply Schedules or synopsize the requirement; but see paragraph (g) of this section.

(b)(1) The contracting officer, when placing an order or establishing a BPA, is responsible for applying the regulatory and statutory requirements applicable to the agency for which the order is placed or the BPA is established. The requiring agency shall provide the information on the applicable regulatory and statutory requirements to the contracting officer responsible for placing the order.“

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Thanks so much for confirming my thoughts. I'm now more confident in applying all FAR 8 procedures without concerning myself with Pt. 13. 

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FAR 13.303-2( c )( 3 ) authorizes BPAs with schedule contractors.  As Joel mentioned, FAR 8.404( a ) points to 13.303-2 ( c )( 3 ).  FAR 13.303-5( b )( 1 ) mentions a general limitation on purchases against BPAs and provides an exception for BPAs with schedule contractors.   But yes, while Part 13 provides the general background for all BPAs, the particular procedures for BPAs with schedule contractors are in FAR Subpart 8.4.

 

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34 minutes ago, ji20874 said:

FAR 13.303-2( c )( 3 ) authorizes BPAs with schedule contractors.  As Joel mentioned, FAR 8.404( a ) points to 13.303-2 ( c )( 3 ).  FAR 13.303-5( b )( 1 ) mentions a general limitation on purchases against BPAs and provides an exception for BPAs with schedule contractors.   But yes, while Part 13 provides the general background for all BPAs, the particular procedures for BPAs with schedule contractors are in FAR Subpart 8.4.

 

The term BPA was created over 50 years ago for a Small Purchase instrument. For whatever reason, GSA chose to name as a BPA the Federal Supply Schedule (FSS) instrument described in FAR 8.405-3. They are different instruments subject to the different rules. The Simplified Acquisition BPA is subject to the rules set out in FAR 13.303; the FSS BPA is subject to the rules set out in FAR 8.405-3. 

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Guest Vern Edwards
51 minutes ago, napolik said:

For whatever reason, GSA chose to name as a BPA the Federal Supply Schedule (FSS) instrument described in FAR 8.405-3.

napolik is too kind. Here's how I put it in an article in 2013:

Quote

There is clearly some confusion about BPAs. Much of that confusion is due to the GSA's silly decision to use “blanket purchase agreement” as the name for what is really a justification for placing orders against a Multiple Award Schedule contract without getting competition, but much of it is also due to a lack of clarity and detail in FAR 13.303, which states the rules for using BPAs as simplified acquisition devices. 

27 NO. 7 Nash & Cibinic Rep. ¶ 34

Here's how the GAO described an FSS BPA in an early decision, OMNIPLEX World Services Corp., B-291195, November 6, 2002:

Quote

The RFP stated that INS intended to issue a BPA against the offeror's GSA FSS contract. See FAR § 8.404(b)(4). A BPA is meant to serve as “a simplified method of filling anticipated repetitive needs for supplies or services by establishing ‘charge accounts' with qualified sources of supply. . . .” FAR § 13.303-1(a). Here, it appears that INS and the private parties view the issuance of BPAs as the form of “down-select” that will effectively determine which vendors INS will consider to meet its requirements.

 
Omniplex World Servs. Corp., B-291105 (Nov. 6, 2002)
 
Recognizing that the use of the term BPA in connection with FSS contracts would cause some confusion (It's a simplified acquisition! No! It's an FSS order!), the FAR councils added 13.303-2(c)(3) in 1997. Except for that one sentence, there is no connection between FAR 8.405-3 and 13.303.

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On ‎7‎/‎30‎/‎2018 at 12:43 PM, TGLJ said:

If the same questions shown above were asked about a FAR 8 BPA would the answers be different?

Yes they would be different.   A FAR 8 BPA is issued under the FAR 8 parent contract which in essence is an IDIQ contract therefore the rules about placing FAR 8 BPA calls are subject to the specific FAR 8 FSS contract.     As such the specific clauses of the FAR 8 FSS contract apply.  By example clause I-FSS-646 is in many if not all FAR 8 FSS contracts and addresses BPA use.  You may want to refer to it.

 

On ‎7‎/‎30‎/‎2018 at 12:43 PM, TGLJ said:

Does anybody have information that specifically states we have to follow the same rules provided for under FAR 13 when issuing BPAs/calls under FAR 8?

As already noted by several posts there are no such specific rules.   Again the FAR 8, FAR 8 FSS contracts and their terms and conditions govern the who, what and how of FAR 8 BPAs.  GSA provides the following website that answers most if not all the questions you might have, including those posed in this thread, regarding FAR 8 BPAs.

https://www.gsa.gov/acquisition/purchasing-programs/gsa-schedules/schedules-flexibilities/blanket-purchase-agreements/bpa-frequently-asked-questions

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