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Our blanket purchase agreements establish an agreement between a government buyer and a MAS contractor to fill repetitive needs for supplies or services.
Why you should place orders against MAS BPAs
MAS BPAs benefit buyers because they:
Streamline ordering procedures for quicker turnarounds, including those with unique terms and conditions.
Get opportunities for quantity discounts based on volume and don’t obligate funds until orders are placed against a MAS BPA.
Allow agencies to establish agencywide BPAs to spread benefits across your agency.
Allow agencies to establish multi-agency BPAs if you identify which agencies will participate and estimate the requirements when you establish the multi-agency BPA.
Difference between MAS BPAs and traditional BPAs
MAS BPA
Traditional BPA
Subject to FAR 8.405-3 procedures for establishing the BPA and placing orders.
Whether you establish a single- or multiple-award MAS BPA, you must follow the procedures outlined in FAR 8.405-3. Generally you need to solicit and receive quotes from three sources and seek price reductions before establishing a MAS BPA.
Sole-source
For BPAs and orders over the micro-purchase threshold, you must justify your actions for restricting competition, according to FAR 8.405-6. Since you are limiting competition and resulting orders this way, you have to comply with limited sources and approval requirements at the time of the BPA award.
Single-award BPA approval
If your single-award BPA has an estimated value over $100 million, including any options, the head of your agency must determine in writing that at least one of the following conditions applies:
The orders expected under the BPA are so integrally related that only a single source can reasonably perform the work.
The BPA provides only for firm-fixed priced orders for products with unit prices established in the BPA or services with prices established in the BPA for specific tasks to be performed.
Only one source is qualified and capable of performing the work at a reasonable price to the government.
It is necessary in the public interest to award the BPA to a single source for exceptional circumstances.
Terms and conditions
You cannot alter or tailor MAS contract terms and conditions, but you can add agency-level and local terms and conditions if they don’t conflict with the MAS contract’s terms and conditions. You might want to add provisions and clauses related to:
Organization conflicts of interest.
Approving subcontractors or key personnel.
Faster delivery times.
Lower prices.
If you aren’t sure if your additional terms and conditions conflict with the MAS contract’s, contact the GSA contracting officer.
Time limitations
Multiple-award BPAs generally should not exceed five years, but you may do so to meet program requirements, according to FAR 8.405-3(d)(1).
Single-award BPAs must not exceed one year, but may have up to four one-year options.
You can award a BPA (or exercise options) that extend beyond the current term of a MAS contract — but only if there are option periods on a contractor’s MAS contract available to cover the BPA’s performance period. Orders issued in this way will have their own periods of performance (including order options), according to FAR Clause 52.216-22(d).
However, the BPA is no longer valid if:
The MAS contract gets terminated.
There aren’t sufficient option periods available and the MAS contract expires.
Orders — against BPAs or otherwise — are subject to the indefinite quantity clause, so they may run for up to 60 months beyond the MAS contract expiration or termination.
Annual review
Every year, you must review and document whether:
The underlying MAS contract is still in effect.
The BPA still represents the best value.
Estimated quantities have been exceeded and additional price reductions can be obtained.
Placing orders
Orders meet the Competition in Contracting Act of 1984 requirements for full and open competition if you do both of these:
In some cases, you may want to set aside an order for a small business concern as a multiple-award BPA that wasn’t established with set-asides. As long as proper notice was given at the time of the BPA award that this was possible, you can do this.
If you are ordering against a multiple-award BPA and want to set aside a task order, make sure to:
Check if the BPA clearly states that the buyer may determine to set aside task and delivery orders.
Ensure there is adequate competition among BPA MAS holders so resulting orders fully comply with FAR 8.405-3(c)(2). You can best achieve this by establishing a sufficient number of BPAs with small businesses to ensure viable competition for each task or delivery order.
Follow the procedures at FAR 8.405-3(c), which requires that you give fair opportunity to all multiple-award BPA MAS holders when your order exceeds the micro-purchase threshold.
Do market research to determine whether three or more MAS contractors within one of the categories can provide the required products, services, or both.
If you set aside a BPA for other types of small businesses, your documentation must include market research you did along with the MAS contractors you considered.
Make sure you follow the procedures at FAR 8.405-3.
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