GSA BPA and Open Market BPA

Started by davisl03 · Sep 14, 2009 · 1 replies

  1. d

    davisl03

    Sep 14, 2009 · 16y ago

    Original post

    Is there any regulation that prohibits competing a BPA that was awarded under part 8 with a BPA that was awarded under part 13?

  2. n

    napolik

    Sep 14, 2009 · 16y ago

    See the third sentence of paragraph (a) below:

    8.404 ? Use of Federal Supply Schedules.

    (a) General. Parts 13 (except 13.303-2©(3)), 14, 15, and 19 (except for the requirement at 19.202-1(e)(1)(iii)) do not apply to BPAs or orders placed against Federal Supply Schedules contracts (but see 8.405-5). BPAs and orders placed against a MAS, using the procedures in this subpart, are considered to be issued using full and open competition (see 6.102(d)(3)). Therefore, when establishing a BPA (as authorized by 13.303-2©(3)), or placing orders under Federal Supply Schedule contracts using the procedures of 8.405, ordering activities shall not seek competition outside of the Federal Supply Schedules or synopsize the requirement; but see paragraph (e) of this section for orders (including orders issued under BPAs) funded in whole or in part by the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).

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