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Competition and extending the PoP of BPAs

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3 hours ago, NotEnoughMoney said:

They do, but I think they're hoping for the best at this point. And there is a lot of cross chatter at our own office about what we can and can't mod on a BPA, with legal, policy, and multiple KOs all saying different things. It's a pretty big mess. 

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!

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3 hours ago, Witty_Username said:

So, a requirements contract? Otherwise we'll end up in a discussion of consideration for what could be a credit card buy...

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.


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