When an ordering office establishes a BPA against a GSA Schedule contract, do orders placed under the BPA meet Competition in Contracting Act (CICA) requirements for full and open competition?

In accordance with FAR 6.102(d)(3), use of the Multiple Award Schedules Program is considered a “competitive procedure” under the Competition in Contracting Act of 1984 (CICA) when the MAS ordering procedures are followed; i.e., the Ordering Procedures For Services And Products Not Requiring A Statement Of Work in FAR 8.404 and the Ordering Procedures For…

What is GSA's policy regarding adding supplies/services to MAS delivery orders, where those supplies/services are not under MAS contract?

As stated in the ATA Defense Industries case of June 27, 1997 – GSA’s procedures satisfy the requirement of the Competition in Contracting Act of 1984 (CICA) since the Federal Supply Schedule (FSS) contract prices have been competitively awarded based on price negotiations and evaluations prior to award of the FSS contract. However, GSA has…

Traditional Blanket Purchase Agreements have supplies and services with prices for each listed. It sounds like these newly "evolved" BPAs don

FAR 8.404 states use of the Multiple Award Schedules program meets the competition requirements of the Competition in Contracting Act of 1984 (CICA), this would therefore, include the use of MAS BPA

Some agencies are issuing BPAs against schedules for multi-million dollar amounts. Is there a dollar amount too large for MAS/BPA procedures?

No. The maximum order limitation requirement has been removed from MAS procedures. FAR 8.404 (b) (3) states that agencies may find it advantageous to request a price reduction where the ordering agency finds that a schedule product is available elsewhere at a lower price, or where the quantity of an individual order clearly indicates the…

Some ordering offices are issuing GSA Schedule BPAs for millions of dollars. Is there a dollar amount too large for GSA Schedule BPA procedures? Is there a limit on the dollar value of an order placed against a BPA?

There is no limitation on the total dollar value of a GSA Schedule BPA. In addition, with the elimination of maximum order limitations and the implementation of maximum order thresholds, contractors may now accept “any size” order, including any size order under a BPA. In accordance with FAR 8.404, in addition to seeking price reductions…

Are MAS/BPAs being used in place of the IDIQ government-wide acquisition contracts like Desktop V, with decentralized ordering by several agencies?

A BPA should not be used to establish a government-wide IDIQ. Multiple agencies may, however, consolidate their requirements in an effort to obtain better discounts under a Schedule BPA. To assure they obtain the best value the BPA should reflect the consolidated requirements of all users, and include an estimated quantity. If a BPA is…

Can agencies join together to establish GSA Schedule BPAs?

Yes. Multiple agencies may combine their requirements in an effort to obtain better discounts under a Cooperative GSA Schedule BPA. Agencies should consolidate their requirements before the Cooperative GSA Schedule BPA is established. In order to ensure that the “best value” is obtained under the BPA, the Cooperative GSA Schedule BPA should reflect the consolidated…

Would GSA be willing to negotiate less than the 3/4 percent industrial funding fee for MAS/BPAs?

GSA recovers a 0.75% industrial funding fee for all orders placed under multiple award schedule contracts, including blanket purchase agreements. GSA must recover this fee on orders placed with FSS schedules, because, in 1995 Congress started phasing out appropriations so the agency can be self supporting. The 0.75% fee covers the spectrum of administrative costs…

In establishing a GSA Schedule BPA is there a requirement to solicit more than one source, or can the BPA be negotiated with one specific GSA Schedule contractor?

When establishing a BPA, an ordering office must first follow the Ordering Procedures For Services (Requiring A Statement of Work) or the Ordering Procedures For Services And Products Not Requiring A Statement Of Work in FAR 8.404. The net result of following these ordering procedures is that for a requirement exceeding the micro-purchase threshold, an…

When we establish a BPA is there a requirement to solicit more than one source or can we negotiate with one specific vendor?

When establishing a BPA the customer must follow the ordering procedures in FAR 8.404, which state, for orders above $2500 the customer must review 3 price lists or use GSA Advantage and make a best value selection. Once this selection process is completed and the BPA is established orders are simply placed against the BPA…