![]() ![]() Fiscal 2023 transportation working capital funds in the amount of $43,239,665 are being obligated at time of award. This contract was a competitive acquisition and two offers were received. ![]() Work will be performed at Fort Worth, Texas, and is expected to be completed by June 29, 2028. This contract provides supplemental depot capability for the C-5 aircraft. Do you have to complete a contract action report in FPDS for a BPA? See FAR 4.601.VSE Corp., Alexandria, Virginia, has been awarded an indefinite-delivery/indefinite-quantity contract with a maximum amount of $565,025,276. If you think a BPA is not a contract action answer this question. I agree that a BPA is not a contract, however it is still considered a contract action. 1903), the term means-(1) $300,000 for any contract to be awarded and performed, or purchase to be made, inside the United States and (2) $1 million for any contract to be awarded and performed, or purchase to be made, outside the United States.įAR 13.5 only allows you to use SAP procedures for commercial items <$6.5M, it does not raise the SAT to $6.5M. “Simplified acquisition threshold” means $150,000, except for acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a contingency operation or to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack (41 U.S.C. ![]() (Objective indication(s) of the parties’ intent to be bound is a typical prerequisite under general contract law principles for the formation of a contract based on mutual assent (think offer, acceptance, consideration, sufficiently definite terms.).) 1998), at 211, describing a USPS “basic pricing agreement” that seems similar in material respects to a Part 13 BPA, finding that no contract was formed because the document made clear the parties had no present intent to be bound. 360 (1991), cited in Nash & Cibinic, Formation of Government Contracts (3d Ed. For a primary source, consider Modern Sys. Additionally, there are lots of secondary sources that make clear that Part 13 BPAs aren't contracts. Contrast FAR 13.303-3(a)(2) to the Part 2 definition of contract. As I understand it, a Part 13 BPA isn't a “contract” for purposes of FAR 2.101. Likewise, when FAR Subpart 5.3 uses the phrase “contract action,” defined at FAR 5.001, it plainly envisions a Part 2 contract. It seems reasonable to me that, before one can be required to announce a "contract award” as that phrase is used in FAR Subpart 5.3 (presumably the same thing as the award of a contract), one has to award something that qualifies as a contract. I agree with your statement that it is a Part 13 BPA not a contract being awarded. Please provide the authority for your feedback Please provide the authority with your feedback. What am I missing or do I have it right? I have no problem sending unsuccessful letters, but I want to make sure that I am following FAR Part 5 publications. Then FAR 5.301(a)(3) provides exceptions to posting an award synopsis/announcement.īased on the above, my BPA award does not fit anywhere because of the following:ġ) manufactured or services to be provided in the US - WTO/FTA does not applyĢ) it is a BPA NOT a contract being awardedģ) the solicitation was publicized unrestricted on FBO.gov, so the public had a fair opportunity to bid According to FAR 5.301, the contract award needs to be announced on GFE when theġ) contract award is over $25K and i) covered under WTO/FTA OR ii) likely to results in subcontracts,Ģ) the contract award is over SAT and i) FSS orders of BPAs supported by limited source justifications IAW FAR 8.405-6 OR ii) TO/DOs awarded w/o fair opportunity. Thoughts: FAR Part 13.303 BPAs and FAR 12.6 do not state that a post award synopsis are required, and FAR 13.106-3© states that contract awards under SAT need only to provide results when requested or as FAR 5.301 is applicable. Question: If I award an open market commercial BPA (between $150K - $4M) under FAR Part 12 and 13, NOT FAR 15, that was advertised on FBO.gov for fair opportunity public response, am I required to post an award synopsis/announcement for my BPA award? ![]()
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