C Culham Posted April 24, 2019 Report Share Posted April 24, 2019 Question - Can a FAR part 13 BPA be used to acquire A&E Services? Scenario - Agency has utilized multiple award IDIQs to acquire A&E services. Selection and award of task orders under the IDIQs follow FAR part 36.6/Brooks Act procedures. Agency is now considering use of multiple BPAs in lieu of using IDIQs. Previous TO awards were both below and above $250k and it is expected calls under the proposed BPA approach will be similar. I have researched and have found only one example of an agency using a BPA in this manner. I have also done general research including review as best as possible of GAO protests. After a read and re-read of FAR 36.6 I feel use of a BPA is inconsistent with the FAR/Brooks Act as a call against a BPA is not a negotiated procurement in the sense as used in FAR 36.6 and FAR part 15. Additionally use of a BPA for needs above $250k suggests that an A&E service is a commercial item and I note that that there are those that feel that A&E is not inclusive of the FAR definition of a commercial item. References to support any response to the question would be appreciated. Link to comment Share on other sites More sharing options...
ji20874 Posted April 24, 2019 Report Share Posted April 24, 2019 I agree that A-E is not commercial. Construction is also not commercial. FAR 31.601-3(d) tells us not to use FAR part 13 procedures for A-E. Link to comment Share on other sites More sharing options...
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