If we decide to combine requirements into a single order against the single agency BPA do we have to go through all of the consolidation/bundling requirements of FAR part 7. I have reviewed the FAR and believe FAR 7.107-1(b)(2)(a) which states, "The requirements of this section 7.107 do not apply to orders placed under single-agency task-order contracts or delivery-order contracts, when the requirement was considered in determining that the consolidation or bundling of the underlying contract was necessary and justified;" applies here. If this does apply, does it relieve us from the additional benefits analysis and consolidation determination documentation?
Let's start with the description of a BPA which is a simplified method of filling anticipated repetitive needs for supplies or services by establishing “charge accounts’’ with qualified sources of supply (FAR 13.303-1(a)). So it's not a contract, but a method or process for repeat buys. Based on the information provided, it appears that an agency has negotiated a BPA with a single source under a GSA MAS based on the reference to FAR part 8 for services. FAR 8.404(b) and (c) requires the agency placing the order or establishing the BPA to follow applicable regulatory and statutory requirements, including acquisition planning.
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These references lay the foundation for the agency to conduct proper acquisition planning per FAR 8.404(c)(2) which includes compliance with all FAR requirement for a consolidated or bundled contracts when the order meets the definition at 2.101(b). So when considering whether the bundling and consolidating requirements have been met, you need to look back to your acquisition planning documents to determine how they were addressed. Since a BPA is not an order, but an agreement that sets forth parameters to be used when placing future orders, it is not a significant element in the decision making discussion. The question refers to a single agency BPA, but what needs to be addressed is who awarded the contract and what acquisition planning supported award of the contract, or as appears in this scenario, use of a GSA MAS contract to place orders.
As noted, FAR 7.107(b)(2) states that the requirements of this section 7.107 do not apply to orders placed under single-agency task order contracts or delivery order contracts, when the requirement was considered in determining that the consolidation or bundling of the underlying contract was necessary and justified; therefore you must go back to your planning documentation to determine if the bundling/consolidation was considered and supported when making the decision to use what appears to be a single agency task order contract. One can't consider award of a contract or task order equivalent to negotiating the BPA. The BPA supports the efficiency of placing orders but does suffice for making the decision to use a particular contract or replace adequate acquisition planning. Confirmation that your acquisition planning and subsequent documentation considered bundling or consolidation of requirements in future orders should allow the application of the FAR 7.107(b)(2).
We recommend that you consult your small business specialist and your program attorney for further confirmation and guidance.