5038 BLANKET PURCHASE AGREEMENTS

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

5038.2 The Contracting Officer may use a BPA as a simplified contracting procedures to fill anticipated repetitive needs for goods or services by establishing charge accounts 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; or
2. (b) The administrative cost of writing numerous purchase orders can be avoided through the use of this procedure.

5038.3 The Contracting Officer shall not use a BPA to:

1. (a) Procure goods or services for which a requirements type contract has been issued by the District; or
2. (b) Avoid the simplified contracting procedures limitation.

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 amount not to 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;
4. (d) A statement that specifies the dollar limitation for purchases under the BPA (not to exceed the simplified contracting procedures ); and
5. (e) A requirement that all deliveries or shipments under the BPA shall be accompanied by delivery tickets or sales slips which 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

(7i) 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 When there are an insufficient number of vendors with BPAs to ensure maximum practicable competition for a particular purchase, the Contracting Officer shall:

(a) Solicit quotations from other sources and make the purchase as appropriate; and

(b) Establish additional BPA's to facilitate future purchases when recurring requirements for the same or similar items or services seem likely, when qualified sources are willing to accept a BPA, or when it is otherwise practical to do so.

5038.7 A BPA shall be considered terminated 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).