ContractingPeoplesHatred Posted December 20, 2016 Report Share Posted December 20, 2016 Hello, I am having a disagreement with people in my office regarding BPA orders off of a BPA off of a GSA contract. So we established a BPA off of a GSA contract (Using Part 8). The orders placed against that BPA are sometimes for services for a 3 year period. Like a report that takes 3 years to compile. In accordance with FAR Part 17 do you have to have options on a BPA order? Or have approval for a multi-year contract? Thank you! Link to comment Share on other sites More sharing options...
Guest Vern Edwards Posted December 20, 2016 Report Share Posted December 20, 2016 It depends on what kind services you're buying, severable or nonseverable, and what kind of funds you have, annual or multiple year.. Link to comment Share on other sites More sharing options...
ContractingPeoplesHatred Posted December 20, 2016 Author Report Share Posted December 20, 2016 Mr. Edwards. The legend himself. This is using multiple year money and the service is nonseverable. With those attributes does that mean you don't have to do options or get multiyear approval? Link to comment Share on other sites More sharing options...
Guest Vern Edwards Posted December 20, 2016 Report Share Posted December 20, 2016 If the services are nonseverable, then whether you have annual funds or multiple year, if you have enough money for the three year period of performance you do not need options or multiyear approval. Link to comment Share on other sites More sharing options...
ContractingPeoplesHatred Posted December 20, 2016 Author Report Share Posted December 20, 2016 Why would this not have to follow FAR Subpart 17.1 Multi-Year Contracting? Link to comment Share on other sites More sharing options...
Guest Vern Edwards Posted December 20, 2016 Report Share Posted December 20, 2016 Because multiyear contracting is a procedure in which the government makes a contractual commitment in advance of appropriations. See FAR 17.104(a): Quote Multi-year contracting is a special contracting method to acquire known requirements in quantities and total cost not over planned requirements for up to 5 years unless otherwise authorized by statute, even though the total funds ultimately to be obligated may not be available at the time of contract award. See also the definition in FAR 17.103. Link to comment Share on other sites More sharing options...
ContractingPeoplesHatred Posted December 20, 2016 Author Report Share Posted December 20, 2016 Okay. So because the money is no year money I can do it, but if I had 1 year money I could not and it would be considered a multi-year contract? Link to comment Share on other sites More sharing options...
Guest Vern Edwards Posted December 20, 2016 Report Share Posted December 20, 2016 No, that's not correct. You are buying a nonseverable service, which is a single job with a beginning and an ending. If the job is the bona fide need of FY2016, and begins in FY2016 but ends three years later, in FY2019, and if you have enough one-year FY2016 (annual) money to pay for the entire job, then you could obligate FY2016 funds to cover the entire job, all three years of performance. You would not be conducting a multiyear procurement. Now, listen, CPH, I'm no genius. This is all fairly basic fiscal law, covered in the GAO's Principles of Federal Appropriations Law, Vol. I, Ch. 5. I suggest that you and your colleagues study that material. If you're in DOD the topic is covered in the Financial Management Regulation. Link to comment Share on other sites More sharing options...
ContractingPeoplesHatred Posted December 20, 2016 Author Report Share Posted December 20, 2016 Thank you Mr. Edwards. I hope you have a great Holiday. Thank you for your continued input into this forum and I will bring up the cited reading to my colleagues. All the best, CPH Link to comment Share on other sites More sharing options...
Guest Vern Edwards Posted December 20, 2016 Report Share Posted December 20, 2016 (edited) The issues are discussed extensively in the DOD FMR Vol. 11A, Ch. 18. Edited December 20, 2016 by Vern Edwards Corrected chapter number. Link to comment Share on other sites More sharing options...
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