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    I have a question that I am seeking assistance with. If you have a BPA award with a full performance work statement included in the contract award, is it a violation of a bonafide needs rule or an appropriations law violation to have awarded a subsequent task order to the same BPA vendor without the statement of work being present?


    Answer

    Answer:  If you look at FAR 13.303-3(a)(1) it says, Description of agreement. A statement that the supplier shall furnish supplies or services, described in general terms, if and when requested by the contracting officer (or the authorized representative of the contracting officer) during a specified period and within a stipulated aggregate amount, if any.

    From what you provided you stated a full performance work statement was included when establishing the Blanket Purchase Agreement. Nowhere does it say you have to have the performance work statement in every call made against the Blanket Purchase Agreement. In general terms the bona fide needs rule states you have to have the need the same year as you are getting the item.  So if you do not have a need for something this year, but will have the need in two years and buy it this year you would be breaking the bona fide needs rule because you did not have the need this year. It does not have anything to do with having a performance work statement in a call against a blanket purchase agreement. Not having a performance work statement in each call against a blanket purchase agreement would not violate any other fiscal laws.

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