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    1) If the BOA contains an EPA clause, but states on the front page that it is type J, which prevails? Does a mod need to be done to correct the J to a K? 2) Can delivery orders be of varying contracting kinds (supply, service, etc.)? I did not see on the BOA where a kind was specified, does this matter?


    Answer

    Far 16.703 address Basic Ordering Agreements and answers at least part of the question.

    1 ) If the BOA contains an EPA clause, but states on the front page that it is type J, which prevails?

    Does a mod need to be done to correct the J to a K?  The BOA is not a contract it's a written instrument of understanding between the contracting activity and the contractor. 

    Does a mod need to be done to correct the J to a K?  If the inconsistency exists and the contracting officers  determines a change is required then yes a mod should be completed to correct the inconsistency. 

    2) Can delivery orders be of varying contracting kinds (supply, service, etc.)?

    Yes, both supply and service requirements can be covered by a Basic Ordering Agreement. 

    (b) Application. A basic ordering agreement may be used to expedite contracting for uncertain requirements for supplies or services when specific items, quantities, and prices are not known at the time the agreement is executed, but a substantial number of requirements for the type of supplies or services covered by the agreement are anticipated to be purchased from the contractor. Under proper circumstances, the use of these procedures can result in economies in ordering parts for equipment support by reducing administrative lead-time, inventory investment, and inventory obsolescence due to design changes. 

    (c) Limitations. A basic ordering agreement shall not state or imply any agreement by the Government to place future contracts or orders with the contractor or be used in any manner to restrict competition.
     

    16.703 -- Basic Ordering Agreements.
    (a) Description. A basic ordering agreement is a written instrument of understanding, negotiated between an agency, contracting activity, or contracting office and a contractor, that contains
    (1) terms and clauses applying to future contracts (orders) between the parties during its term,
    (2) a description, as specific as practicable, of supplies or services to be provided, and
    (3) methods for pricing, issuing, and delivering future orders under the basic ordering agreement. A basic ordering agreement is not a contract.
    (b) Application. A basic ordering agreement may be used to expedite contracting for uncertain requirements for supplies or services when specific items, quantities, and prices are not known at the time the agreement is executed, but a substantial number of requirements for the type of supplies or services covered by the agreement are anticipated to be purchased from the contractor. Under proper circumstances, the use of these procedures can result in economies in ordering parts for equipment support by reducing administrative lead-time, inventory investment, and inventory obsolescence due to design changes.
    (c) Limitations. A basic ordering agreement shall not state or imply any agreement by the Government to place future contracts or orders with the contractor or be used in any manner to restrict competition. 
     
     

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