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    1. Can Simplified Acquisition Procedures be used to establish a multiple contractor BPA where the total of ALL THE CALLS to be placed over the life of the BPA is expected to exceed $7 million? 2. Does the BPA require an maximum threshold for the total value of Calls to be placed? 3. Are BPAs subject to the five year lifespan of traditional service contracts?


    Answer

    1. As specified in FAR 13.500(a), This subpart authorizes the use of simplified procedures for the acquisition of supplies and services in amounts greater than the simplified acquisition threshold but not exceeding $7 million ($13 million for acquisitions as described in 13.500(c)), including options, if the contracting officer reasonably expects, based on the nature of the supplies or services sought, and on market research, that offers will include only commercial items. Contracting officers may use any simplified acquisition procedure in this part, subject to any specific dollar limitation applicable to the particular procedure. The purpose of these simplified procedures is to vest contracting officers with additional procedural discretion and flexibility, so that commercial item acquisitions in this dollar range may be solicited, offered, evaluated, and awarded in a simplified manner that maximizes efficiency and economy and minimizes burden and administrative costs for both the Government and industry (10 U.S.C.2304(g) and 2305 and 41 U.S.C.3305, 3306, and chapter 37, Awarding of Contracts.

          (b) When acquiring commercial items using the procedures in this part, the requirements of part  12 apply subject to the order of precedence provided at 12.102(c). This includes use of the provisions and clauses in subpart  12.3.

          (c) Under 41 U.S.C. 1903, the simplified acquisition procedures authorized in this subpart may be used for acquisitions that do not exceed $13 million when-

               (1) The acquisition is for commercial items that, as determined by the head of the agency, are to be used in support of a contingency operation; to facilitate the defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to support a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate provision of international disaster assistance; or to support response to an emergency or major disaster, or

               (2) The acquisition will be treated as an acquisition of commercial items in accordance with 12.102(f)(1).

    So the answer to your question appears to be 'no', unless it meets the requirements in FAR 13.500(c) or 13.303-5(b)(1) per your agency guidance.

    2. The rationale behind a BPA is that there isn't a delineated ceiling total, but rather a limit on each individual order. The follow-on to that is obviously the need to meet all other requirements to place an order (need, funding, etc). Prudence however, could lead a contracting officer to set a reasonable ceiling if it were determined to be necessary.

    3. The answer to your question is at FAR8.405(d), (d) Duration of BPAs.

    (1) Multiple-award BPAs generally should not exceed five years in length, but may do so to meet program requirements.

               (2) A single-award BPA shall not exceed one year. It may have up to four one-year options. See paragraph (e) of this section for requirements associated with option exercise.

               (3) Contractors may be awarded BPAs that extend beyond the current term of their GSA Schedule contract, so long as there are option periods in their GSA Schedule contract that, if exercised, will cover the BPA’s period of performance.

    As a;ways, ensure that you coordinate your actions with your PCO, Policy office, and cognizant legal advisor.

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