Sign In
  • Question

    Because a BPA is an agreement and not a contract, and done under the FAR 13, is it necessary to synopsize the intention and then follow-up with a separate request for the establishment of the BPA? All technically acceptable offerors were offered a BPA. All calls are made competitively.


    Answer

    From the guidance found at Federal Acquisition Regulation (FAR) 5.2 Synopses of Proposed Contract Actions and (FAR), 13.003 – Policy, and subpart 13.1 -- Procedures:

    “…13.003 – Policy
    (b) (1) Each acquisition of supplies or services that has an anticipated dollar value exceeding $3,000 ($15,000 for acquisitions as described in 13.201(g)(1)) and not exceeding $150,000 ($300,000 for acquisitions described in paragraph (1) of the Simplified Acquisition Threshold definition at 2.101) is reserved exclusively for small business concerns and shall be set aside (see 19.000 , 19.203, and subpart 19.5). See 19.000(b) and 19.502-2 for exceptions.
    (2) The contracting officer may make an award to a small business under the 8(a) Program (see subpart 19.8), or set aside for HUBZone small business concerns (see 19.1305), service-disabled veteran-owned small business concerns (see 19.1405), or economically disadvantaged women-owned small business (EDWOSB) concerns and woman-owned small business (WOSB) concerns eligible under the WOSB Program (see 19.1505), an acquisition of supplies or services that has an anticipated dollar value exceeding the micro-purchase threshold and at or below the simplified acquisition threshold.
    13.104 – Promoting Competition.
    The contracting officer must promote competition to the maximum extent practicable to obtain supplies and services from the source whose offer is the most advantageous to the Government, considering the administrative cost of the purchase.
    (a) The contracting officer must not –
    (1) Solicit quotations based on personal preference; or
    (2) Restrict solicitation to suppliers of well-known and widely distributed makes or brands.
    (b) If using simplified acquisition procedures and not providing access to the notice of proposed contract action and solicitation information through the Governmentwide point of entry (GPE), maximum practicable competition ordinarily can be obtained by soliciting quotations or offers from sources within the local trade area. Unless the contract action requires synopsis pursuant to 5.101 and an exception under 5.202 is not applicable, consider solicitation of at least three sources to promote competition to the maximum extent practicable. Whenever practicable, request quotations or offers from two sources not included in the previous solicitation.
    13.105 -- Synopsis and Posting Requirements.
    (a) The contracting officer must comply with the public display and synopsis requirements of 5.101 and 5.203 unless an exception in 5.202 applies.
    (b) When acquiring commercial items or supplies or services procured in accordance with 12.102(f)(1), the contracting officer may use a combined synopsis and solicitation. In these cases, a separate solicitation is not required. The contracting officer must include enough information to permit suppliers to develop quotations or offers.
    (c) See 5.102(a)(6) for the requirement to post a brand name justification or documentation required by 13.106-1(b) or 13.501.
    Subpart 5.2 -- Synopses of Proposed Contract Actions
    5.201 -- General.
    (a) As required by the Small Business Act (15 U.S.C. 637(e)) and the Office of Federal Procurement Policy Act (41 U.S.C. 416), agencies must make notices of proposed contract actions available as specified in paragraph (b) of this section.
    (b) (1) For acquisitions of supplies and services, other than those covered by the exceptions in 5.202, and the special situations in 5.205, the contracting officer must transmit a notice to the GPE, for each proposed --
    (i) Contract action meeting the threshold in 5.101(a)(1);
    (ii) Modification to an existing contract for additional supplies or services that meets the threshold in 5.101(a)(1); or
    (iii) Contract action in any amount when advantageous to the Government.
    (2) When transmitting notices using electronic commerce, contracting officers must ensure the notice is forwarded to the GPE.
    (c) The primary purposes of the notice are to improve small business access to acquisition information and enhance competition by identifying contracting and subcontracting opportunities.
    (d) The GPE may be accessed via the Internet at http://www.fedbizopps.gov.
     5.202 -- Exceptions.
    The contracting officer need not submit the notice required by 5.201 when --
    (a) The contracting officer determines that --
    …(13) The proposed contract action--
    (i) Is for an amount not expected to exceed the simplified acquisition threshold;
    (ii) Will be made through a means that provides access to the notice of proposed contract action through the GPE; and
    (iii) Permits the public to respond to the solicitation electronically;
    Based on the information you provided, the parts that are bolded above apply to your situation.  Key points are acquisitions with a dollar value exceeding $3,000 and not exceeding $150,000 is reserved exclusively for small business concerns and shall be set aside unless the exceptions found at 19.000(b) and 19.502-2 applies.  If the contracting officer does not have a reasonable expectation that at least two responsible small business concerns will offer the products at a fair market price, he or she can compete the requirement on an unrestricted basis so long as your reasoning is documented in the contract file.  According to the exception at (FAR) 5.202(a)(13), the Contracting Officer is not required to synopsize the contract action if the amount is not expected to exceed the simplified acquisition threshold.  (FAR) 13.104(b) states if using simplified acquisition procedures, consider solicitation of at least three sources to promote competition to the maximum extent practicable unless the contract action requires synopsis pursuant to 5.101 and an exception under 5.202 is not applicable. While use of the GPE is not required when using simplified procedures, the contracting officer must promote competition to the maximum extent practicable.  Use of GPE can be an efficient means of conducting market research if you’re not familiar with the local market for the product or service you’re purchasing. 

    Open full Question Details