Jump to content
The Wifcon Forums and Blogs

Recommended Posts

Can a blanket purchase order (BPA) be modified to survive the termination of a GSA MAS contract upon which it was awarded? We have a 5-year BPA that extends beyond the expiration of our 20-year GSA MAS contract. I'm hoping to hear that there is a way to mod the BPA to the new GSA MAS contract, which has been awarded with the same rates and escalation. If that's possible, it would not affect labor rates on the BPA.

Link to comment
Share on other sites

12 minutes ago, contractor2589 said:

Can a blanket purchase order (BPA) be modified to survive the termination of a GSA MAS contract upon which it was awarded? We have a 5-year BPA that extends beyond the expiration of our 20-year GSA MAS contract. I'm hoping to hear that there is a way to mod the BPA to the new GSA MAS contract, which has been awarded with the same rates and escalation. If that's possible, it would not affect labor rates on the BPA.

It will be interesting to see if other thoughts will make your life easy, mine probably doesn't. 

Not saying I am right or wrong but it would seem that a new GSA MAS contract implies a new scope of work, not for your BPA but for the MAS itself and orders against it.  Along with this quick thought is the mechanics of FAR 52.216-22 if in the GSA MAS.  Would the BPA, as an order and then modified, some how be affected by the date stipulated in -22?  A spinoff thought if you will of the scope thought. 

Of course everything depends on the specifics of the GSA MAS, the BPA as an order, just my quick thoughts.

Link to comment
Share on other sites

The most common way of handling this is simply modify the BPA to show a switch from the old to the new contract number.  That’s what most agencies do in similar circumstances.  I’m not saying it’s proper or not but I haven’t heard criticism from any source.  It’s a relatively frequent occurrence especially with the GSA merger and consolidation of Schedules over the past few years.

Another approach is prepare a Limited Sources Justification, do the BPA action, and then post in FedBizOpps for the required time period. 

 

Link to comment
Share on other sites

51 minutes ago, formerfed said:

I’m not saying it’s proper or not but I haven’t heard criticism from any source.

Who knows what goes on in the GSA MAS program after contract award? Really, who knows? GSA's MAS rules and procedures are a wilderness. No one can sort it out, and I think that's by design. Let's adapt and adopt Dante's motto for MAS programs:

Do whatever you want, if you're smart enough, all ye who enter here.

Don't take my comments to suggest that I disapprove. Without GSA MASs, our procurement system would fail completely.

Link to comment
Share on other sites

4 hours ago, C Culham said:

Can a blanket purchase order (BPA) be modified to survive the termination of a GSA MAS contract upon which it was awarded?

So I do not mind simple.   And no debate with any thoughts offered, but I do wonder?  Today I have responded to two posts in Forum regarding IDIQ's and what do I wonder?  Why are not the OP's asking the CO designated for each of the IDIQ's, and specifically the CO with regard to the GSA MAS in this thread?    I guess I am old school but if I was the CO for an IDIQ that was available for use by multiple agencies and someone wondered what they could and could not do with regard to actions regarding orders under the IDIQ I would like the opportunity to give my advice followed or not.  I think the CO's are noted somewhere.   Are they responsive who knows!    Just wondering!

Link to comment
Share on other sites

2 hours ago, C Culham said:

Why are not the OP's asking the CO designated for each of the IDIQ's, and specifically the CO with regard to the GSA MAS in this thread?    I guess I am old school but if I was the CO for an IDIQ that was available for use by multiple agencies and someone wondered what they could and could not do with regard to actions regarding orders under the IDIQ I would like the opportunity to give my advice followed or not.  I think the CO's are noted somewhere.   

It's not that simple.  There are 12 different Schedules and each has huge numbers of awards.  For example the IT has nearly 5,000 contractors.  While there’s a single CO for a solicitation, the thousands of responses get assigned to a large number of contract specialists.  A contract specialist also may or may not be the CO for the offer that are evaluating and negotiating.  It depends upon the estimated dollar value of the award and the CS/COs warrant.

In addition COs concentrate on getting contracts out.  Probably many don’t know that much about BPAs and the specific question asked here.  Even if you somehow found the CO assigned contract responsibility, do you ask the CO of the expiring contract or the CO of the new contract.  You may get two different answers.

Some of the typical questions agencies ask about placing orders are beyond COs expertise. Details of how the Price Reduction clause operates is a prime example.  GSA does have groups that are set up to answer these type issues but it’s a completely different part of the organization. 

Link to comment
Share on other sites

15 hours ago, formerfed said:

It's not that simple.

The easy out I guess, just wing it.   I for one would be a little more cautious in case someone is lurking around my door that sure would like the work going into the future.

As usual a OP sometimes is lacking pertinent facts and while this may not be directly on point I could see where some of the concepts discussed might be applicable such as GSA policy on continuous contracts - https://www.gao.gov/assets/b-417956.pdf 

No more deep dive on my part with my only advice to the OP that further research beyond getting some quick responses here to support your proposed fix might be well worth it.

 

Link to comment
Share on other sites

4 hours ago, C Culham said:

No more deep dive on my part with my only advice to the OP that further research beyond getting some quick responses here to support your proposed fix might be well worth it.

Since you are quoting me, I think the comment “your proposed fix” is referring to me.  If so, I never proposed a fix.  I said that’s what many agencies do.  It happened very frequently a couple years ago with consolidation of schedules.  I haven’t heard any criticism either.  It’s a situation where an exact answer isn’t apparent or not worth the effort digging further.  The OP can do a limited source justification if he’s uncomfortable. 

Also my “it’s not that simple” referred to asking the GSA CO - nothing more

Link to comment
Share on other sites

7 hours ago, formerfed said:

Since you are quoting me, I think the comment “your proposed fix” is referring to me.  If so, I never proposed a fix.  I said that’s what many agencies do.  It happened very frequently a couple years ago with consolidation of schedules.  I haven’t heard any criticism either.  It’s a situation where an exact answer isn’t apparent or not worth the effort digging further.  The OP can do a limited source justification if he’s uncomfortable. 

Also my “it’s not that simple” referred to asking the GSA CO - nothing more

Nope not you on the "fix" it was directed at the OP, sorry I was not clear.

 

Link to comment
Share on other sites

On 1/14/2022 at 6:57 AM, contractor2589 said:

Can a blanket purchase order (BPA) be modified to survive the termination of a GSA MAS contract upon which it was awarded? We have a 5-year BPA that extends beyond the expiration of our 20-year GSA MAS contract. I'm hoping to hear that there is a way to mod the BPA to the new GSA MAS contract, which has been awarded with the same rates and escalation. If that's possible, it would not affect labor rates on the BPA.

Why must there be a BPA in place? Can't agencies just order off of your new GSA MAS? 

Link to comment
Share on other sites

53 minutes ago, Don Mansfield said:

Why must there be a BPA in place? Can't agencies just order off of your new GSA MAS? 

Establishing a competitively-awarded BPA valued at up to $100 million with a single contractor lets an agency issue orders without having to comply with FAR 8.405. It's a way around competition. An innovation.

Don't interpret this comment as a criticism. If every buy had to be competed we'd never get anything done.

Link to comment
Share on other sites

  • 2 months later...
On 1/17/2022 at 12:37 PM, Don Mansfield said:

Why must there be a BPA in place? Can't agencies just order off of your new GSA MAS? 

OP here. In our case, we have never had an agency just order off our GSA MAS - always through either single- or multiple-award BPAs. For multiple award BPAs, we are trying to find a way to not be kicked out of the contractor pool.

Link to comment
Share on other sites

On 1/14/2022 at 2:55 PM, C Culham said:

Why are not the OP's asking the CO designated for each of the IDIQ's, and specifically the CO with regard to the GSA MAS in this thread? 

We are speaking to our GSA CO and the COs for each agency that has awarded a BPA, and we get answers ranging from "no problem, we will handle it administratively" (whatever that means) to "there is nothing we can do; when your previous GSA contract expires, so does the BPA." GSA is saying they expect a surge of contract terminations (and this related issue) from now until 2027 or so.

Link to comment
Share on other sites

OP here.

Let's use the example of a multiple-award BPA competitively awarded under a GSA MAS. Presumably, the number and mix of contractors was selected because it was int he best interest of the Government. One of the contractors' MAS is expiring a year into the BPA POP. It seems the options come down to:

  1. Just mod the BPA for the expiring contractor and connect it to the new GSA contract.
  2. Task orders can be modified for up to 60 months after GSA contract expiration, so...Award the expiring contractor a task/call order with a generalize scope that contains option period CLINs extending the POP to the end of the BPA POP and some kind of reserve/max funding. Compete tasks/calls across the BPA contractor holders (including the expiring contractor with a now invalid BPA but a viable task/call order). IF the expiring contractor is selected for task/call order award, modify the previously awarded task/call order to add scope items and funding as necessary. 
  3. Sole source the expiring contractor to add them back to the BPA or to award an identical stand alone contract. Continue to compete tasks/calls across all BPA contract holders and the expiring contractor. Per 8.405-6(C), the sole source justification is the fact that maintaining the pool of BPA contractors that were selected through competitive award is a logical follow-on to an original Federal Supply Schedule order and in the interest of economy and efficiency.
Link to comment
Share on other sites

5 hours ago, Vern Edwards said:

Here's another option: Let the BPA under the expiring MAS contract expire and let the contractor seek a new MAS contract and a new BPA.

Yes, that's an approach, but it would result in mass terminations and total destruction of a small business contractor. That's not an issue for this forum, but it's my reality.

Link to comment
Share on other sites

Contracts end. That is part of the expected order of business. Businesses must plan for that and take the actions necessary to survive or they will die.

The "transfer" of a BPA from a dying MAS contract to a living MAS contract in order to keep it "alive" is a strange idea to an old-timer like me. But the GSA MAS program is a madhouse of procedures and "vehicles", so I do not doubt that agencies do it.

As for worries about  survival, such worries are every businessperson's reality.

 

Link to comment
Share on other sites

Actually “transferring” BPAs from an old GSA MAS contract to a new isn’t that uncommon.  GSA Schedule solicitations are open on a continuous basis without a closing date so a common award date doesn’t exist.  So when an agency awards BPAs to multiple sources, GSA Schedule contracts might have varying ending dates.  

In this case where a follow on contract has the same rates, transferring the BPA has benefits of maintaining an existing source as well as maintaining the same level of competition.  The BPA itself still keeps the original 5 year duration.  As long as the solicitation didn’t preclude it, transferring contracts has mutual benefits.

Link to comment
Share on other sites

@Vern Edwards That’s a possibility but slight.  GSA periodically updates all Schedule contracts with current clauses.  They use the term “mass mod” so I’m pretty sure new awards likely have the same clauses as existing contract.

I sometimes envision BPAs as similar to multiple award IDIQ contracts using GSA Schedule pricing rates.  Often agencies add so many agency specific terms, they look like agency contracts rather than GSA ones.

Link to comment
Share on other sites

@formerfedWould the transfer of a BPA from one contract to another be a contract modification? If so, what kind of mod would it be, administrative change or supplemental agreement?

If a supplemental agreement, what would be the consideration needed to make the mod binding? From which party should the consideration flow?

 

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...