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  • Question

    Please provide regulatory guidance that addresses the following: a) What is the purpose of a price list when you have multiple BPA Holders? b) If you have a price list from each of your BPA Holders, why turn around and request quotes? c) Is there a dollar value that warrants rotating versus competing BPA calls? d) Is rotating BPAs in violation of competition requirements?


    Answer

    The following response is based solely on the question and background information provided.  As we do not have all the facts particular to your contract, program and situation, we highly recommend you consult your Contracting Officer and Legal Office for guidance.
     
    In answer to your questions below:
    A.  What is the purpose of a price list when you have multiple BPA holders? To ensure competitive prices.
    B.  If you have a price list from each of your BPA holders, why turn around and request quotes?  The price list is not contractual; therefore not binding like a contract.  Contractors can submit new prices.
    C.  Is there a dollar value that warrants rotating versus competing BPA calls? No
    D.  Is rotating BPAs in violation of competition requirements?  Refer you to FAR 6.001, Applicability, paragraph (a) which states: "This part applies to all acquisitions except - (a) Contracts awarded using the simplified acquisition procedures of Part 13 (but see 13.501 for requirements pertaining to sole source acquisitions of commercial items under Subpart 13.5);".
     
    Further FAR 13.303-2 -- Establishment of BPAs., paragraph (c) states: "(c) BPAs may be established with --
     
    (1) More than one supplier for supplies or services of the same type to provide maximum practicable competition;
     
    (2) A single firm from which numerous individual purchases at or below the simplified acquisition threshold will likely be made in a given period; or
     
    (3) Federal Supply Schedule contractors, if not inconsistent with the terms of the applicable schedule contract."
     
    The FAR provides latitude in creating BPAs with multiple BPAs, single BPA or BPAs.
     
    I am not aware of your particular AF regulations/policies concerning BPAs.  I would suggest you consult with your legal office as the AF may have their own unique policy concerning multiple BPAs. 
     


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