Presentation Transcript

1. MAS Blanket Purchase Agreements (BPA) and Contractor Team Arrangements (CTA)

   Nick WestProcurement AnalystGSA – Federal Acquisition Service May 2012
2. Learning Objectives – BPA(s) Upon completion of this course, you should be able to: Describe the role of a Blanket Purchase Agreement (BPA) in the MAS program Recognize the benefits of using BPAs Describe the process of establishing BPAs Recognize the ordering procedures for BPAs
3. Topic 1: An Overview
4. Blanket Purchase Agreements (BPAs) A BPA is a simplified method of filling anticipated repetitive needs for supplies or services by establishing “charge accounts” with qualified sources of supply Establishes terms applicable to future orders Does not obligate funds
5. How Do BPAs for MAS Differ from Others? MAS BPAs are issued against established contracts Terms and conditions for the BPA, including contract type and clauses, constrained by underlying MAS contract MAS BPAs are based on prices already subjected to competition and determined to be fair and reasonable by GSA MAS BPAs are subject to FAR Part 8, not Part 13
6. MAS BPAs and Acquisition Simplifies ordering process for repetitive orders Considered a competitive procedure No guaranteed minimum or maximum Permits consolidation of agency and multi-agency requirements Eliminates need for immediate funding requirements Eliminates synopsis requirement
7. Benefits of MAS BPA Buying power through volume and substantial discounts Order process is more efficient Ordering level terms and conditions Use of CTAs Procurement Costs Acquisition lead time Administrative efforts
8. Additional Benefits Opportunity to negotiate improved discounts Satisfy recurring requirements Leverage agency requirements Quicker turnaround on orders Funding isn’t required until a BPA order is initiated
9. Single vs. Multiple-Award BPAs The FAR stated preference is for multiple-award BPAs, though at times a single-award may be appropriate Choosing a multiple-award BPA encourages and facilitates competition when placing orders When considering single vs. multiple, the Contracting Officer should consider: The scope and complexity of the requirement(s) The benefits of on-going competition and the need to periodically compare multiple technical approaches or prices The administrative costs of multiple BPAs The technical qualifications of the schedule contractor(s)
10. Single-award BPAs Limited to 1 year, no more than 4 option years Should be established using the same procedures outlined in FAR Subpart 8.405-1 or 8.405-2 Documented justification and approvals required Initial award >$103M approved by agency head Annual option exercise approved by competition advocate Benefits: Simplified ordering process Improved pricing and terms Frequency of: Ordering Invoicing Discounts Delivery Type of order: FFP Labor Hour T & M
11. Multiple-award BPAs These are preferred by the FAR Duration generally does not exceed 5 years, but may do so to meet program requirements Benefits: Simplified ordering process Improved pricing and terms Ability to search and negotiate for best value Continuous competition benefits the Government
12. The “Multi-Agency” BPA The ordering activity can set up a Schedule BPA so that the agency’s various ordering activities/field offices may orders against the BPA directly with the Schedule contractor Multiple ordering activities should identify, define and consolidate their requirements to obtain greater discounts
13. Topic 2: Establishing BPAs
14. Establishing Number of BPAs Factors to consider: Scope and complexity Benefits of ongoing competition Administrative costs Technical qualifications Document rationale in acquisition plan or file
15. Socio-economic Considerations for BPAs :
16. To SOW or not to SOW? SOW not required for: Supplies Services listed at a fixed price for performance of specific task SOW required for services priced at hourly rates
17. SOW Requirements When SOW is required, include: Description of work Location of work Period of performance Deliverable schedule Applicable performance standards Special requirements; security clearances, travel, special knowledge, etc.
18. Competition Requirements At or below SAT Solicit at least 3 MAS contractors Survey through GSA Advantage!™ Review catalogs or price lists Request quotations Over SAT Post RFQ on e-Buy; or Provide RFQ to as many MAS contractors as practicable to ensure receipt of 3 quotes
19. Limiting Competition Circumstances limiting competition Urgent and compelling need Only one source capable Logical follow-on Limited sources justification Approvals Posting requirements (over SAT)
20. Brand Name Requirements “Items peculiar to one manufacturer” allowed Not same as “brand name or equal” RFQ must be posted on e-Buy over $25,000 Basis for restricting competition also posted under SAT Approved limited sources justification also posted with RFQ on e-Buy over SAT
21. Basis for Establishment BPAs established considering best value Best value factors: Past performance Special features Trade-in Probable life Warranties Maintenance availability Environmental & energy efficiency Delivery terms
22. Evaluations and Rationales Limited sources rationale Tradeoff rationale Annual review results Price reasonableness Hourly basis rationale Evaluation methodology
23. Notifying Unsuccessful Offerors Agencies must provide timely notification to unsuccessful MAS contractors for BPAs IAW FAR 8.405-3(b)(3) If requested, agencies must provide – Brief explanation of the basis for award decision If award based on other than price BPAs may be protested
24. Price Reductions Seek price reductions: Before establishing a BPA that exceeds the SAT When the service or supply is available elsewhere at a lower price When there are other reasons for requesting a price reduction
25. BPA Content Requirements: Who and When BPA Period 3 Multi-Agency Schedule BPAs 3 Ordering Frequency Delivery/Performance Period
26. BPA Content Requirements: What and Where Delivery/Performance Locations Estimated Requirements
27. BPA Content Requirements: Invoicing When invoicing, keep in mind: The invoice address for the order The opportunity to consolidate
28. BPA Documentation Requirements If applicable, agency head determination for single-award BPA exceeding $103M If applicable, limited sources justification If applicable, rationale for authorizing other than performance-based SOW Results of annual review Number of BPAs to award Schedule contracts considered Requirements description Price Basis of award Evaluation methodology Trade-off rationale Price reasonableness Evidence that competitive procedures followed
29. Topic 3: Ordering Procedures
30. BPA Ordering Procedures Procedures for Ordering from Multiple-Award Schedule BPAs(FAR 8.405-3(c)) Estimated Dollar Value Issue RFQ to all eligible BPA holders, or follow procedure for limiting sources Select best value quote Document best value determination and evidence of compliance with ordering procedures Simplified Acquisition Threshold Provide fair opportunity to all BPA holders, or document reasons for restricting consideration Select best value quote Place order with contractor Distribute orders among contractors Micro-purchase threshold
31. Limiting Competition Limited sources justification required at order level when ordering under multiple-award BPAs and fair opportunity not provided to all BPA holders Orders over micropurchase threshold but under SAT Document circumstances requiring restriction of consideration Orders over SAT Detailed limited sources justification required
32. Documentation Requirements Orders between micropurchase threshold and SAT Documentation showing why ordering activity restricted consideration, if applicable Orders over SAT Evidence of compliance with competitive procedures (or limited sources justification, if applicable) Basis for award selection
33. Annual Review Annual review determines MAS contract upon which BPA was established still in effect BPA still represents best value Whether estimated quantities/amounts have been exceeded and additional price reductions can be obtained Performed by ordering activity contracting officer If single-award BPA, must be approved by competition advocate before exercising option
34. Web Resources – BPA(s) Blanket Purchase Agreements: http://www.gsa.gov/portal/content/199353 Sample BPA Format: http://www.gsa.gov/graphics/fas/BPA_Sample_Format.doc Establishment of BPAs: http://www.gsa.gov/portal/content/199393 Ordering from BPAs: http://www.gsa.gov/portal/content/200429 Price Reductions: http://www.gsa.gov/portal/content/200397 Documentation: http://www.gsa.gov/portal/content/200545 BPA Frequently Asked Questions: http://www.gsa.gov/portal/content/200549

35. MAS Contractor Team Arrangements (CTA)

    Nick WestProcurement AnalystGSA – Federal Acquisition Service May 2012
36. Learning Objectives Upon completion of this course, you should be able to: Identify the purpose and benefits of a Contractor Team Arrangement (CTA) List the common elements of a CTA Differentiate between the roles and responsibilities of the Schedule Contractors and the Ordering Activity when utilizing CTAs
37. Topic 1: Contractor Team Arrangement (CTA) Basics
38. What is a Contractor Team Arrangement (CTA)? A CTA is an arrangement between two or more MAS contractors Contractors join together to provide a total solution to meet an agency’s requirements Contractors complement each other Allows contractors to compete for orders for which they may not qualify independently Contractor Team Arrangement (CTA)
39. CTAs and the Multiple Award Schedules (MAS) Orders placed under a MAS CTA are subject to the terms and conditions of each team member's MAS contract All members of the team are parties to the contract Roles and responsibilities are defined by the team CTA documentation is crafted by the MAS contractors, not the government
40. Schedule CTA Benefits It’s a Win-Win Situation!
41. Common Elements of CTA Agreements: Legal Matters Agreement Duration LegalRelationship Confidential Information Agreement Terms Contractor Team Arrangement (CTA) Delivery Responsibility List of Open Market Items
42. Common Elements of CTA Agreements: Team Matters Identification of Parties Performance Evaluation Specific Team Activities Team Lead Responsibilities Team member Replacement Contractor Team Arrangement (CTA) Team Member Responsibilities Independent Contractors
43. Common Elements of CTA Agreements: Financial Matters Invoicing and Payment Reporting of Sales & IFF Liabilities Warranties Contractor Team Arrangement (CTA) Ordering Procedures Pricing and Costs
44. MAS Teaming and Subcontracting
45. Key Differences between CTA and Subcontractor Arrangements
46. Activity: Differentiating Between Relationships Prime/sub CTA Privity only with prime Single member pays IFF to GSA Two or more Schedule contract numbers are listed on the task order One Schedule contract number is listed on the task order Multiple contractor’s labor categories appear on the task order Privity with all Multiple members pay Industrial Funding Fee (IFF) to GSA Single member’s labor categories appear on the task order
47. Topic 2: Establishing and Utilizing a CTA
48. Teaming With Other GSA Schedule Contractors To establish a CTA, Contractors should review the list of GSA Schedule contractors to find a match; see the GSA e-Library to find approved contractors. www.gsaelibrary.gsa.gov
49. Establishing the CTA CTAs may be established in advance of any known requirement or after requirements are defined The GSA Schedule contractors create the CTA document; the Government does not aid in development or provide samples CTA document should be submitted with quotation The document should contain the elements identified by GSA; i.e. identify all team members, MAS contract numbers, tasks to be performed, pricing, etc…
50. Communication CTA should outline points of contact Since government has privity with all team members, ordering activity may communicate directly with CTA team members Communication may be through team lead if desired
51. Ordering Activity‘s Responsibilities Agencies should review CTAs to: Gain an understanding of how the arrangement will work Identify any areas of responsibility that may require clarification Identify deficiencies in the CTA in order to enhance probability of successful performance Verify proposed unit prices or hourly rates against MAS contracts Ensure CTA does not conflict with underlying terms and conditions of MAS contract Verify that CTA meets any conditions specified in the RFQ
52. CTA Contractors’ Responsibilities Team lead generally receives task/delivery order; government should report entire amount of order in FPDS-NG against team lead’s MAS contract The CTA document should designate who is responsible for invoicing and payment Each team member reports its MAS contract sales to GSA and remitting the appropriate IFF
53. Administration of CTA Orders Ordering activity administrative actions taken for all MAS orders apply to CTA orders; the ordering activity should: Perform inspection and acceptance Apply remedies for nonperformance, including termination for cause Terminate (if appropriate) for the government’s convenience Issue final decisions on disputes arising from performance of the order; dispute cannot relate to MAS contract terms and conditions
54. Dealing with Problems/Issues Each team member is responsible per the terms and conditions set within their Schedule contract CTA document should identify which team member is responsible at each phase Government has remedies for non-performance IAW FAR 8.406-3 and 8.406-4 Inspection and acceptance clause remedies Termination for cause
55. Web Resources Contractor Team Arrangement www.gsa.gov/cta eLibrary www.gsaelibrary.gsa.gov FPDS-NG https://www.fpds.gov FAR www.acquisition.gov/far/index.html Federal Acquisition Service www.gsa.gov/fas General Services Administration www.gsa.gov Multiple Award Schedule www.gsa.gov/schedules MAS Desk Reference http://www.gsa.gov/portal/content/226369
56. Questions?