Emergency Acquisition Basic Ordering Agreements

Office of Acquisition Operations (QMA)

presented by

Michael Sands & Reagan Criddle

U.S. General Services Administration

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Introduction

Who we are

QMA falls under GSA’s Federal Acquisition Service (FAS).

FAS’s mission is to provide an exceptional customer experience by delivering best value goods and services through an increasingly digital environment. 

Who we support

Primarily we support other Federal agencies; however, GSA allows other non-federal government entities to utilize its contracting vehicles and sources of supply under certain circumstances.

Agenda

Explain what BOA’s are, how they work, and who can use them

Discuss the Emergency Acquisition (EA) Basic Ordering Agreements (BOA’s)

Review the scope of the EA BOA’s along with the benefits of using them

Ordering Process and Example Requirements

Summary & Data

Q&A

Basic Ordering Agreements

Federal Acquisition Regulations (FAR) 16.703 (emphasis added)

BOA’s are written instruments of understanding, negotiated between an agency, contracting activity, or contracting office and a contractor, that contains (1) terms and clauses applying to future contracts (orders) between the parties during its term, (2) a description, as specific as practicable, of supplies or services to be provided, and (3) methods for pricing, issuing, and delivering future orders under the basic ordering agreement. A basic ordering agreement is not a contract.

BOA’s are effective instruments for expediting contracting activities for uncertain requirements in which specific quantities, items, and prices are not known at the time of execution of the agreement.

QMA’s EA Basic Ordering Agreements

BOA’s were initially considered to assist QMA with rapidly procuring supplies and services in support of FEMA. During Acquisition Planning and market research, it became clear these vehicles could also offer value to other Federal agencies in times of emergency.

These BOA’s may be used, free of charge, by all Federal agencies. 

QMA executed 19 BOA’s with vendors from diverse industries and locations to ensure FEMA and other Federal agencies would have a pool of experienced and capable vendors to procure commercial supplies and services from in times of emergency.

Of the 19 BOA’s executed, 15 of the vendors are Small Businesses.

Scope

QMA’s EA BOA’s may be used to rapidly procure just about any commercial supply or service, so long as the requirement is in support of an emergency.

QMA’s definition of emergency is broader than that found in the FAR which requires a Presidential declaration. 

If a given requirement is determined an emergency by an agency, or a Presidential declaration is made, your requirement for commercial supplies or services is likely within the scope of this BOA.

Should there be questions about scope or use of these BOA’s, contact the EA BOA Contracting Officer (see Contacts slide).

The term “Emergency” used within this agreement means events which meet the definition found in FAR 2.101 OR any situation which, if not corrected immediately, will result in unnecessary expenditure of funds, property damage, personal injury, or interruption of agency functions.  

Benefits

Easy to use

Flexible to unique situations and buyers

Competitive without sacrificing quality or time

No price lists or item catalogs

Easy-to-use: QMA’s EA BOA’s include guidance and step-by-step instructions for authorized users to follow when soliciting, evaluating, and awarding requirements. 

Flexibility is built into the BOA’s allowing users to incorporate their own unique terms and conditions for each requirement (packaging, delivery, response times, additional clauses & provisions...etc.).7 AM to 5 PM / 5/8 hours supplies / 12/24 hours services

Use of these BOA’s is not system-dependent (emailed RFQ’s and award notices are the norm), and vendors have been prepared to adapt to unique agency requirements and procedures.

Competition – These BOAs bring competition back into the picture without sacrificing time and quality. Our diverse vendor pool is capable of sourcing and supplying anything commercial in rapid fashion. 

No price lists or item catalogs; therefore, users can solicit just about any commercial supply or service, and vendors can quote based on current market conditions.  

Typical Acquisition 

Process Flow

Identification of need

Describe/Define requirement

Market Research & Acquisition Planning

Review & Approval

Draft solicitation

Review & Approval

Publish/distribute solicitation

Evaluate quotes/offers 

Draft award decision 

Review & Approval

Send order/contract to awardee for signature

CO countersigns award document

Distribute award to awardee

Publish award notice

EA BOA Process Flow

QMA has already performed the market research, acquisition planning, and responsibility determinations to streamline ordering procedures for users.

The BOA was synopsized through SAM.gov and provided fair opportunity.

Authorized users may jump right into their solicitations after they have identified their emergency requirement and adequately described their need.

Rapid response times, evaluation procedures, and delivery terms are present in the BOA allowing streamlined competition and awards.

Example Requirement

Summary & Data

QMA’s EA BOA’s offer a streamlined approach to commercial purchases during emergencies.

Any Federal agency can use, free of charge.

No price lists or item catalogs

The EA BOAs have been used to rapidly purchase meals, COVID test kits, sheltering items, Joint Field Office (JFO) kits, and pandemic kits.

Average savings of ~39% in FY23 and ~32% in FY22

Competitive process (>5 quotes received on all solicitations)

References & Contacts

https://www.acquisition.gov/far/part-16#FAR_16_703

A copy of the BOA and Master Contact List of BOA Participants may be found at the link below:

https://www.gsa.gov/governmentwide-initiatives/emergency-response/emergency-acquisition-basic-ordering-agreements

QMA EA Contracting Officers:

Reagan Criddle,  312-208-4834, reagan.criddle@gsa.gov

Michael Sands, 786-795-3259, michael.sands@gsa.gov

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