5038.1 A blanket purchase agreement (BPA) is not a contract and is established without a purchase requisition or the obligation of funds.

5038.2 The Contracting Officer may use a BPA as a simplified contracting procedure to fill anticipated repetitive needs for goods or services by establishing fixed pricing with sources of supply if at least one (1) of the following criteria apply:

1. (a) There is a wide variety of items in a broad class of goods or services that are generally purchased, but the exact items, quantities, and delivery requirements are not known in advance and may vary considerably;
2. (b) The administrative cost of writing numerous purchase orders can be avoided through the use of this procedure; or
3. (c) There is no existing requirements-type contract for the same supply or service that the contracting activity is required to use.

5038.3 BPAs may be established with:

1. (a) More than one supplier for supplies or services of the same type to provide maximum practicable competition;
2. (b) A single firm from which numerous individual purchases at or below the small purchase threshold will likely be made in a given period; or
3. (c) Federal or DC Supply Schedule contractors, if not inconsistent with the terms of the applicable schedule contract.

5038.4 The Contracting Officer shall include the following information in each BPA:

1. (a) A statement that the supplier will furnish goods or services, described in general terms, if and when requested by the contracting officer during a specified period and within a stipulated total ceiling amount of the BPA. The statement shall also stipulate that no individual order placed under the BPA shall exceed $100,000;
2. (b) A statement that the District is obligated only to the extent that authorized purchases are actually made under the BPA;
3. (c) A statement that the prices to the District shall be as low or lower than those charged to the supplier's most favored customer for comparable quantities under similar terms and conditions, in addition to any discounts

for prompt payment;

(d) A statement that specifies the dollar limitation for purchases under the BPA (not to exceed the small purchase limit); and

(e) A requirement that all deliveries or shipments under the BPA shall be accompanied by delivery tickets or sales slips that contain the following minimum information:

(1) The name of the supplier;

(2) The BPA number;

(3) The date of purchase;

(4) The purchase order number;

(5) An itemized list of goods or services furnished;

(6) The quantity, unit price, and extension of each item, less applicable discounts; and

(7) The date of delivery or shipment.

5038.5 To the extent practicable, BPAs for items of the same type shall be placed concurrently with more than one (1) supplier. All competitive sources shall be given an equal opportunity to furnish goods, services, or other items under a BPA.

5038.6 A BPA shall be considered expired when the procurements under it are equal to its total dollar limitation or when the stated time period expires.

SOURCE: Final Rulemaking published at 65 DCR 4406 (April 20, 2018); as amended by Final Rulemaking published at 68 DCR 011740 (November 5, 2021).