FAR 8.4 FSS BPAs

ArmyofOne said:

Can a CO establish, under FAR 8.4 FSS, several single award BPAs and later solicit competition among the some of the FSS BPA holders?

FAR or RFO?

If FAR it seems your question poses the idea of "multiple award" BPA's as discussed in FAR 8.405-3 and see paragraph (a)(b)(2).

If RFO 8.4 leads you to subpart 538.71 where 538.7104-1 allows for 'one or more" FSS contractors on BPA's and allows at paragraph (a)(4) for less than "all" competition with caveates.

C Culham said:

FAR or RFO?

If FAR it seems your question poses the idea of "multiple award" BPA's as discussed in FAR 8.405-3 and see paragraph (a)(b)(2).

If RFO 8.4 leads you to subpart 538.71 where 538.7104-1 allows for 'one or more" FSS contractors on BPA's and allows at paragraph (a)(4) for less than "all" competition with caveates.

The question is whether an agency can convert two or more existing single-award BPAs with overlapping scope into a de facto multiple-award BPA. Putting aside the obvious questions about what on earth OP's agency is doing, my answer to the question under the rules would be no, as the agency made the decision to deny competitors of additional BPAs when it determined that a single-award BPA was in the Government's interest. Converting these single-award BPAs into a multiple-award BPA after the fact subverts GSA competitive procedures and undermines the agency's rationales for awarding single-award BPAs to begin with.