48 C.F.R. § 13.303-3

13.303-3 Preparation of BPAs.

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Prepare BPAs on the forms specified in 13.307. Do not cite accounting and appropriation data (see 13.303-5(e)(4)).

(a) The following terms and conditions are mandatory:

(1) Description of agreement. A statement that the supplier shall furnish supplies or services, described in general terms, if and when requested by the contracting officer (or the authorized representative of the contracting officer) during a specified period and within a stipulated aggregate amount, if any.

(2) Extent of obligation. A statement that the Government is obligated only to the extent of authorized purchases actually made under the BPA.

(3) Purchase limitation. A statement that specifies the dollar limitation for each individual purchase under the BPA (see 13.303-5(b)).

(4) Individuals authorized to purchase under the BPA. A statement that a list of individuals authorized to purchase under the BPA, identified either by title of position or by name of individual, organizational component, and the dollar limitation per purchase for each position title or individual shall be furnished to the supplier by the contracting officer.

(5) Delivery tickets. A requirement that all shipments under the agreement, except those for newspapers, magazines, or other periodicals, shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:

(i) Name of supplier.

(ii) BPA number.

(iii) Date of purchase.

(iv) Purchase number.

(v) Itemized list of supplies or services furnished.

(vi) Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).

(vii) Date of delivery or shipment.

(6) Invoices. One of the following statements shall be included (except that the statement in paragraph (a)(6)(iii) of this subsection should not be used if the accumulation of the individual invoices by the Government materially increases the administrative costs of this purchase method):

(i) A summary invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value, and supported by receipt copies of the delivery tickets.

(ii) An itemized invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period and for which payment has not been received. These invoices need not be supported by copies of delivery tickets.

(iii) When billing procedures provide for an individual invoice for each delivery, these invoices shall be accumulated, provided that—

(A) A consolidated payment will be made for each specified period; and

(B) The period of any discounts will commence on the final date of the billing period or on the date of receipt of invoices for all deliveries accepted during the billing period, whichever is later.

(iv) An invoice for subscriptions or other charges for newspapers, magazines, or other periodicals shall show the starting and ending dates and shall state either that ordered subscriptions have been placed in effect or will be placed in effect upon receipt of payment.

(b) If the fast payment procedure is used, include the requirements stated in 13.403.

Notes of Decisions

Cited in 4 cases, 2006–2013 · leading case: ICP Nw., LLC v. United States, 98 Fed. Cl. 29 (Fed. Cl. 2011).

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ICP Nw., LLC v. United States, 98 Fed. Cl. 29 (Fed. Cl. 2011). · cites it 7× “1(c) of the Rules of the Court of Federal Claims (“RCFC”) asserting the following four claims: (1) the BPAs only require Awar-dees to perform if they are “willing and able” in violation of 48 C.F.R. § 13.303-3 (a)(l); (2) the Forest Service’s decision to compete nonbinding BPAs…”

Zhengxing v. United States, 71 Fed. Cl. 732 (Fed. Cl. 2006). · cites it 2× “As called for by 48 C.F.R. § 13.303-3 , both BPAs contain a “statement that the Government is obligated only to the extent of authorized purchases actually made under the BPA.”

Crewzers Fire Crew Transp., Inc. v. United States, 111 Fed. Cl. 148 (Fed. Cl. 2013). · cites it 2× “” Gov’t Reply at 11-12 (citing 48 C.F.R. pt. 16, 16.7). Moreover, the FAR “expressly limits the Government’s obligation to purchases actually made pursuant to the BPA.”

Crewzers Fire Crew Transp., Inc. v. United States, 111 Fed. Cl. 267 (Fed. Cl. 2013). · cites it 3× “” Gov’t Reply at 4 (citing 48 C.F.R. § 13.303-3 (a)(2)). Likewise, the FAR provides that a “quotation” is “not an offer that can be accepted by the Government,” and that a contract only arises when the Government places an order that is accepted by Crewzers.”

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