C Culham

While it can be done this reasoning for selection of contract type, inclusive of combining contract types, is flawed. The best I can do is point to FAR subpart 16.104.

Categorize it as you may. My response is based on the fact that the "customer" wants something that binds by my read. Seems that leaves out credit card as its pay now. Also it is not a "recurring" need so requirements does not quite fit. By my personal experience in the commercial marketplace I get a commitment, yes even in writing, that a service vendor will do something on a specific date...aka letter of commitment for lack of a better term on my part. So through market research (experience) it can be done and if the bus company will do it then it is a commercial acquisition based on commercial terms and conditions. Exactly why FAR part 12 was invented. Do it like I do it everyday with the commercial market place. And it's simple...aka simplified acquisition... using FAR part 12.

Sounds complicated. In my mind I dummied it down. I would have canvassed the marketplace asking if as a commercial service they would sign a binding letter of commitment with government to provide the service if and when it occurred. Now mind you I made the term up but so what. When I found a willing company I would have done single source to that company with a SF1449 using single source authority of FAR part 13. Attached the letter and got the contractor to formally accept it. And then if timed rolled on I would of simply cancelled the order and rewrote until the untimely passing. As to the BPA just renew it you are in too deep now. Or if you think that's too risky do as I suggest above, yet get competition with the vendors of which you speak and go with price only and agreement to sign the letter of commitment as your selection criteria. Good luck!

Does your customer understand that the BPA holder can reject the call against the BPA?

I understand. Yet committees equals staffers by my experience.

Combined they are in my view the biggest problem by my experience so I am not sure "committes" will be the fix. Why not let the career field itself guide the fix? Executive Orders. Usually not significat but all the same in the mix too.

And really a one time event?

Vern has done a great job of supporting a dumb statement by DoDIG. And in my view a DFARS definition that seems inconsistent with a full read of the FAR and DFARS as well. Example per DFARS 217.7401 a UCA can not be a change order. Yet a UCA can be a letter contract? The definition of UCA should be be changed to Undefinitized Action.

From the Congressional Research document he referenced.

I crafted that response myself, aka my thought. Ok not good. I would argue not a "essentially" even. I could, could I not in negotiating the UCA come to agreement that something is reasonable, allowable and allowable reach agreement with the contractor that the something will not be in the definitized contract or modification. Following Vern's references I will use agreement I guess.

Geez everyone is not the language of the FAR and its supplements specific? A UCA is not essentially anything it has specific definition in the DFARS. My thought DoDIG and GAO erred in their language. A UCA is an arrangement that provides for payment of allowable incurred costs and profit/fee to the extent negotiated and agreed to by the parties in the definitized action. The definitized action is either a type of contract allowed by the FAR or a modification to a contract. That's it!

I direct your attention to FAR part 53 and especially FAR subpart 53.1 in total. The imperative, with exceptions, of the entirety of subpart 53.1 speaks for itself by my read.

Now I could be wrong but that sounds like a joint venture? And if not then can not the entity that would hold the contract as a prime figure out how their rates are created inclusive of any subcontract agreement they have and that I will call is exclusive for the GSA FSS MAS work? Bottomline it would seem that creating rates for the parent GSA FSS MAS is no different that creating rates for any contract. I did find this ...................https://www.gsa.gov/system/files/Final JV Industry FAQs 071923.pdf

Agreed.

With a possible discount, correct?