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    Are BOAs based on an ESA exempt from synopsis in accordance with FAR 5.202? Are BOAs based on an ESA exempt from competition, based on authorization of a statute in accordance with FAR 6.302-5?


    Answer

    Synopsizing:
    Regarding the need to synopsize - there is no FAR allowance to exempt Basic Ordeirng Agreements (BOAs) and/or BOAs with Educational Service Agreements (ESAs) from the requirement to synopsize.  FAR 5.203(d) -  "Agencies shall allow at least a 30 day response time from the date of publication of a proper notice of intent to contract for architect-engineer services or before issuance of an order under a basic ordering agreement or similar arrangement if the proposed contract action is expected to exceed the simplified acquisition threshold."
     
    AFARS 5137.72 does not also exempt a requirement to synopsize.  Moreover, the language in DFARS 237.7204 Format and clauses, leads one to believe that acquisition regulations due apply...
    "4.  The Government will review this agreement annually before the anniversary of its effective date for the purpose of incorporating changes required by statutes, executive orders, the Federal Acquisition Regulation, or the Defense Federal Acquisition Regulation Supplement.  Changes required to be made by modification to this agreement or by issuance of a superseding agreement.  If mutual agreement on the changes cannot be reached, the Government will terminate this agreement..." 
     
    FAR Part 5 should be read as applicable and the guidance within Subpart 5.2 should be followed. As a final note, while compliance with the Subpart may slightly increase the time for this acquisition, the conservative approach will reduce the likelihood of a time-consuming protest (or an after-the-fact audit). 
     
     
    Competition:
    The 6.302-5 exemption referenced by the AAP question is for contracting without providing full and open competition [it does not speak to synopsis] and it only exempts when "(i) A statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source, or (ii) The agency’s need is for a brand name commercial item for authorized resale."  First, subparagraph (ii) is not applicable.  Second, unless the AAP submitter has additional info, there is no statute which "authorizes or requires that the acquisition be made through another agency or from a specified source" that the professors from this region find applicable when seeking to eliminate competition for an ESA under a BOA.
     
    There are myriad entities that can conduct educational services.  A quick skim of DFARS 237.7200 suggests that agencies can obtain educational services from "schools, colleges, universities, or other educational institutions".  Note AFARS 5137.72 is silent regarding statutory authorization or required sources.


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