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  • Question

    Can the Government stop awarding BPA Calls due to our graduation from our 8(a) status when we still have 1 year remaining under the BPA? Shouldn't the company be considered as grand fathered in the award?


    Answer

    BPAs are Agreements, so in general the Government does not have to award a call under the agreement no matter the type of BPA.  If your BPA is a BPA issued as an 8(a) set-aside under a FSS (GSA for example) (FAR 8.405-5), the government would still get credit for calls placed to a graduated 8(a) firm.  However, the government can still choose not to award your firm a call but the reasoning should be something different other than graduated from the program.

     

    If it was a GSA BPA that was not issued as an 8(a) set-aside, the government would not be able to get 8(a) credit for calls before or after you graduate.  They can still choose not to give you calls and the reasoning that you don't get calls because you graduated would not be appropriate as the BPA wasn't an 8(a) set-aside.

     

    If it was an "open market" FAR 13  BPA (See FAR 13.303) that is issued as an 8(a) set-aside and you have graduated, the government would not get 8(a) credit for the calls no matter what.  However, this could be a valid reason for not issuing calls since it was originally an 8(a) set-aside BPA.  FAR 19.5 would apply to each call.

     

    If it was an "open market" FAR 13 BPA (See FAR 13.303) that is not issued as an 8(a) set-aside and you have graduated, the government would not get 8(a) credit for calls no matter what but it shouldn't matter that you graduated.  FAR 19.5 would still apply to each call.

     

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