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    I understand you have to compete the BPA orders over the micro-purchase threshold amongst the multiple BPA holders, but can you just establish multiple BPA's amongst numerous vendors WITHOUT competition if you compete the orders. Does this meet the FAR requirements. Also, for example, if you have 6 BPA's established, when competing the orders can you just select 3 of the BPA holders or do you have to compete the orders over $2,500 among ALL the BPA holders? FAR 8.405-3 (b) (2) (i) says to forward the requirement to an appropriate number of BPA holders which leads me to believe you do not have to solicit all 6 of the BPA holders as long as the BPA has some kind of verbiage that explains we will not solicit all vendors each time, i.e solict those who have the most specialized experience for the requirement etc. Is that what FAR 8.405-3 (a) (3) is referring to when it says "the ordering activity shall specify the procedures for placing orders under the BPAs."? Thanks for your help.


    Answer

    1. Also, for example, if you have 6 BPA's established,  when competing the orders can you just select 3 of the BPA holders or do you have to compete the orders over $2,500 among ALL the BPA holders?  FAR 8.405-3 (c) (2) (i)

    ANS: -If you have a multiple award BPA that is at or below the micro-purchase threshold,. FAR 8.405-3(c)(2)(i) identifies the following procedures: -FAR 8.405-3(c)(2)(iii) provides procedures for orders exceeding the SAT ($300,000). The ordering process is as follows:
      (A) The ordering activity shall place an order in accordance with paragraphs (c)(2)(iii)(A)(1), (2) and (3) of this paragraph, unless the requirement is waived on the basis of a justification that is prepared and approved in accordance with 8.405-6. The ordering activity shall—
        (1) Provide an RFQ to all BPA holders offering the required supplies or services under the multiple-award BPAs, to include a description of the supplies to be delivered or the services to be performed and the basis upon which the selection will be made;
        (2) Afford all BPA holders responding to the RFQ an opportunity to submit a quote; and
        (3) Fairly consider all responses received and make award in accordance with the selection procedures.
      (B) The ordering activity shall document evidence of compliance with these procedures and the basis for the award decision.
     2. Is that what FAR 8.405-3 (a) (5) is referring to when it says "the ordering activity shall specify the procedures for placing orders under the BPAs."

    FAR 8.405-3 (a) (5) refers you to FAR 8.405-3(c) (2) procedures that I have provided to you in para 1 above. You should develop procedures to be incorporated into your multiple award BPA to execute the requirements identified in FAR 8.405-3(c)(2). i.e., How are you going to provide a fair opportunity for award of task orders to BPA holders based upon the identified thresholds? 
    "FAR 8.405-3 (a) (5) When establishing multiple-award BPAs, the ordering activity shall specify the procedures for placing orders under the BPAs in accordance with 8.405-3(c)(2)."

    The ordering activity may place orders at or below the micro-purchase threshold with any BPA holder that can meet the agency needs. The ordering activity should attempt to distribute any such orders among the BPA holders.
    -FAR 8.405-3(c)(2)(ii) provides procedure for orders exceeding the micro-purchase threshold but not exceeding the SAT ($300,000). The process is as follows:
      (ii) Orders exceeding the micro-purchase threshold but not exceeding the simplified acquisition threshold.
        (A) The ordering activity must provide each multiple-award BPA holder a fair opportunity to be considered for each order exceeding the micro-purchase threshold, but not exceeding the simplified acquisition threshold unless one of the exceptions at 8.405-6(a)(1)(i) applies.
        (B) The ordering activity need not contact each of the multiple-award BPA holders before placing an order if information is available to ensure that each BPA holder is provided a fair opportunity to be considered for each order.
        (C) The ordering activity contracting officer shall document the circumstances when restricting consideration to less than all multiple-award BPA holders offering the required supplies and services.

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