Option years on BPA's

Started by yankees2009 · Jan 9, 2013 · 9 replies

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    yankees2009

    Jan 9, 2013 · 13y ago

    Original post

    We have a BPA that we want to award for a 5 year period. There is a disagreement in my office as to whether or not to include option years in a BPA or to simply identify the PoP as being 5 years. I don't see the need to add option years. Thoughts?

  2. n

    napolik

    Jan 9, 2013 · 13y ago

    If you are talking about a FAR Part 8 BPA, the answer is "It depends".

    8-405-3 (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.

    If you are talking about a FAR Part 13 BPA, the answer is "No".

    13.303-3 -- Preparation of BPAs.

    Prepare BPAs on the forms specified in 13.307. Do not cite accounting and appropriation data (see 13.303-5(e)(4)).

    (a) The following terms and conditions are mandatory:

    (1) Description of agreement. A statement that the supplier shall furnish supplies or services, described in general terms, if and when requested by the contracting officer (or the authorized representative of the contracting officer) during a specified period and within a stipulated aggregate amount, if any.

  3. G

    Guest Vern Edwards

    Jan 9, 2013 · 13y ago

    We have a BPA that we want to award for a 5 year period. There is a disagreement in my office as to whether or not to include option years in a BPA or to simply identify the PoP as being 5 years. I don't see the need to add option years. Thoughts?

    Do you consider a BPA to be a contract?

  4. F

    FAR Fetched

    Jan 10, 2013 · 13y ago

    Do you consider a BPA to be a contract?

    And...we're off!

  5. a

    airborne373

    Jan 10, 2013 · 13y ago

    Do you consider a BPA to be a contract?

    No

  6. G

    Guest Vern Edwards

    Jan 10, 2013 · 13y ago

    Thanks, airborne373. I'm going to wait for yankee before I say anything.

    Was 373 your number at Benning?

    All the way!

  7. a

    airborne373

    Jan 11, 2013 · 13y ago

    373 is for 3 BN 73rd armor. I was at Ft Bragg from 91 to 95, throwing myself and sheridans out of "perfectly good" airplanes.

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    yankees2009

    Jan 16, 2013 · 13y ago

    Vern,

    No, a BPA is not a contract.

  9. N

    Navy_Contracting_4

    Jan 16, 2013 · 13y ago

    Vern,

    No, a BPA is not a contract.

    Yankees2009,

    Have you looked at this thread?

  10. G

    Guest Vern Edwards

    Jan 16, 2013 · 13y ago

    Vern,

    No, a BPA is not a contract.

    Then, what good will an option do you, since you can't enforce it?

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