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    Can a competed BPA be awarded for services prior to the expiration of an active MOA covering the same services? If not, must the MOA be terminated prior to awarding a BPA?


    Answer

    There is no formal contract type or agreement referred to as an MOA in the regulations (FAR and DFARS), so I am not sure what you have in place in regards to services being covered by a MOA. Many times MOA's are put in place between two different agencies or offices to describe their expectations and processes that are inter-related. The award and handling of Blanket Purchase Agreements are covered within FAR part 13 and DFARS part 213, as it is a mechanism to handle simplified acquisitions. 

    Using simplified acquisition procedures does not negate the requirement to obtain as much competition as is practicable given the circumstances. For example, in accordance with
    FAR 13.104, Promoting Competition, "The contracting officer must promote competition to the maximum extent practicable to obtain supplies and services from the source whose offer is the most advantageous to the Government, considering the administrative cost of the purchase.

    (a) The contracting officer must not -- (1) Solicit quotations based on personal preference; or (2) Restrict solicitation to suppliers of well-known and widely distributed makes or brands." Additionally, in accordance with
    FAR 13.105, Synopsis and Posting Requirement, "(a) The contracting officer must comply with the public display and synopsis requirements of 5.101 and 5.203 unless an exception in 5.202 applies."  That being said, if the services you wish to contract for are required to be synopsized as described in FAR part 5, you may very well find out that there are other companies interested in your pending contract action.
     
    Ultimately, as AAP is only advisory in nature, please be sure to request (continued) guidance from the cognizant contracting officer and program attorney as to how to proceed with your unique set of circumstances.

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