About Us / Classifieds / Privacy Statements / email webmaster

Please visit our sponsor's web site
sellng to the feds

Everything you need to know about landing government video contracts.

for email updates : Name:    E-mail:    Subscribe Unsubscribe
  1. Introduction
  2. Marketing to the Government
    1. Know the Rules!
    2. Selling to the Feds
      1. Calendar Concerns
      2. Procurement Vehicles
      3. Getting to Know You
    3. Congratulations! It's an e-Buy!
    4. Why Companies Need a Core Government Sales Group
  3. GSA Schedule Contracts
    1. Today GSA, Tomorrow the World
    2. Placing GSA Schedule Orders
    3. What GAO is Saying About Schedule Orders
    4. Incidentally Yours
    5. Leasing Nuts and Bolts
    6. Industrial Funding Fee Update
    7. Industrial Funding Fee in Legal Practice
    8. Mod Squad
    9. Back Door Schedules
  4. GSA Initiatives
    1. Evergreen, Everblue?
    2. Consolidated Contracting
    3. E-GSA
    4. GSA Is Getting It Right -- Are You?
  5. BPAs and Getting Paid
    1. BPAs 101
      1. An Introduction to Blanket Purchase Agreements
      2. GSA Schedule BPAs
      3. BPAs and the Law
    2. Ordering from BPAs
    3. Getting Paid
  6. Formal Competition
    1. GAO Bid Protest and Debriefing Procedures
    2. Filing a Timely Protest
    3. Bid Protests: What Happens After Filing
    4. Bid Protest Update
  7. Small Business Contracting
    1. Certifiably Small
    2. Small Business Contracting With the Government
    3. Small Business Subcontracting
    4. HUBba HUBba
  8. Special Requirements
    1. Are You a Sub?
    2. Federal Acquisition of Foreign Products
    3. Record Retention
    4. Procurement Integrity
    5. A Necessary Distance
    6. Suspension and Debarment
    7. The Freedom of Information Act
    8. Section 508: What You Need to Know
    9. Section 508: Now In Effect
    10. Federal Isn't the Only Avenue for Government Spending
  9. Federal Links

    Ordering from BPAs

    (1) Single BPA
    If the ordering activity establishes one BPA, authorized users may place the order directly under the established BPA when the need for the supply or service arises.

    (2) Multiple BPAs
    If the ordering activity establishes multiple BPAs, before placing an order exceeding the micropurchase threshold, the ordering activity shall:

    (i) forward the requirement, or statement of work and the evaluation criteria, to an appropriate additional number of BPA holders, as established in the BPA ordering procedures; and

    (ii) evaluate the responses received, make a best value determination (see 8.404(d)), and place the order with the BPA holder that represents the best value.

    (3) BPAs for hourly rate services
    If the BPA is for hourly rate services, the ordering activity shall develop a statement of work for requirements covered by the BPA. All orders under the BPA shall specify a price for the performance of the tasks identified in the statement of work.

    There have been no GAO cases interpreting the newly promulgated regulations with respect to the placement of orders under a BPA. However, in the past, GAO has given wide latitude when placing BPA orders, yet still requiring agencies to treat contractors fairly.

    In Comark Federal Systems, B-278343, Jan. 20, 1998, 98-1 CPD ¦ 34, the agency issued a Request for Quotations (RFQ) to several GSA IT Schedule BPA contractors. The RFQ called on the Schedule vendors to select, from among the numerous possible configurations of the items on their Schedules, a particular configuration on which to submit a quotation. The agency conducted a detailed technical evaluation and cost/technical trade-off determination on the vendors' responses to the RFQ.

    The GAO ruled that the RFQ went beyond the bounds of a simple best buy into the realm of a negotiated procurement. The agency's RFQ, as drafted, shifted the responsibility for selecting items from the agency to the vendors. The agency's detailed technical evaluation and cost/technical trade-off determination also amounted to a negotiated procurement under FAR Part 15.

    Even with the new regulations in place, it would seem that where an agency uses vendors' responses as the basis for a detailed technical evaluation, GAO will continue to review the agency's actions under the standards applicable to negotiated procurements to ensure that the evaluation was reasonable and consistent with the terms of the statement of work. In addition, placing orders under a GSA Schedule BPA still seems much less restrictive than placing an order under a plain vanilla BPAs pursuant to FAR Part 13. This, however, remains to be seen. Stay tuned.





Copyright Andrew Mohr 2000-05. All Rights Reserved Disclaimer:
This information in this site is for informational purposes only. It is not legal advice and may not be relied upon. For legal advice about any of the topics discussed in this book, please seek the advice of legal counsel.