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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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Yes, there is case law that might be applicable. Look up Harris and FBI.  

Do you want to establish BPAs with all the contractors to explain to your agency’s local terms and conditions? Or do you want to establish a BPA with one contractor and send all your future work to that one contractor?

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2 hours ago, Contract Specialist Fitz said:

Does anyone have experience in doing this? Is there any case law e.g. GAO Protests, etc that would expressly approve or forbid this?

See Harris IT Services Corporation, B-411699; B-411796, Oct 2, 2015.

https://www.gao.gov/products/B-411699,B-411796#mt=e-report

Quote

DIGEST

Protests challenging the agency’s issuance of two solicitations, under a multiple-award, indefinite-delivery, indefinite-quantity (IDIQ) contract program for the issuance of a single delivery order under each solicitation are sustained where the record shows that the solicitations:  (1) contemplate the issuance of what amounts to a single, second-tier IDIQ instrument, under which the agency will place subsequent delivery orders, without providing the multiple-award IDIQ contract holders a subsequent, fair opportunity to compete for those delivery orders; (2) contemplate the issuance of delivery orders that potentially exceed the scope of the underlying IDIQ contracts; and (3) include restrictive specifications that have not been justified.

 

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Agree with above - No second-tier BPA or IDC allowed with GWACs.  But two caveats, because of course:

  • SEWP has something called an 'Agency Catalog' - its functionally equivalent to a a second-tier BPA, without being a BPA.
  • For certain types of requirements + heavy use of options, a valid Task Order on any GWAC can be functionally equivalent to a second-tier BPA, without being a BPA.

 

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