02-Terms and Conditions.pdf

RFQ # FA3016-21-U-0001

ATTACHMENT--2

TERMS AND CONDITIONS

Talent Agencies Coordinating

Musical Commissions and Guest Artists

1. Extent of Obligation. The Government has an obligation only to calls placed against the Blanket Purchase Agreement (BPA) (also referred to as the “Agreement”) by the established authorized callers.

In addition, calls placed against the Agreement may also include additional terms and conditions required by the purchasing activity. The BPA is not a contract; accordingly, the issuance of the Agreement does not create an obligation on the part of the Government to place calls hereunder.

The Government may modify or cancel the Agreement in its entirety. In addition, the action for changes by modifications and/or cancellations can be requested by either party upon thirty (30) days by way of using a written notice to the other party. As an exception, the Government may cancel the BPA at any time if the parties fail to agree upon any deletion, amendment, or addition to the BPA, as required by statue, Executive Order, the Federal Acquisition Regulation (FAR) and/or this Supplement. No deletions, additions, modifications, or cancellations of the BPA shall affect any Calls or Orders already placed, and entered into between the parties in which the Agreement or portion thereof has been incorporated by reference.

The BPA shall be reviewed, as a minimum, annually before the anniversary of its effective date, and revised to conform to all requirements of statues, Executive Orders, or the FAR and this Supplement. The revision shall be evidenced by an agreement modifying the BPA or by the issuance of a superseding BPA.

Once a Call has been established, the Government remedies guidance outlined by FAR 52.212-4, Contract Terms and Conditions for Commercial Items, for contractor's failure to correct nonconforming services. Any terms and conditions that are substantially changed may be reevaluated to determine if they still represent the fair and reasonable to the Government; otherwise, all changes will be implemented by a BPA modification signed by the Contracting Officer.

2. Period of Performance: The BPA will be effective from the date of establishment for a period of five (5) years (e.g., if a BPA is established on 01 February 2021, the full performance period would run through 31 January 2026) unless cancelled. Work in-progress on issued Calls or Orders that may extend beyond the effective period of the BPA due to unforeseen conditions, will be evaluated by the Contracting Officer and further guidance shall follow. However, no new Orders shall be issued once the 5-year period has expired. Note that there are no option periods considered upon “expiration” of the BPA, Calls or Orders hereunder. The issuing Contracting agency will perform annual reviews.

3. Pricing. The vendor will furnish the Contracting Officer a price list for musical entertainment services to incorporate into the Agreement. Thereby, the vendor must warrants the prices fair and reasonable. An effective Price List shall be kept throughout the life of the BPA. Furthermore, the BPA number must be included in the Price List and it shall include a specific period, i.e. 01 February 2021 through 31 January 2022. During that period, no price changes may be made unless approved by the Contracting Officer. If prices are expected to change frequently, the contractor must provide monthly pricing to the Contracting Officer prior to the effective date of the change. Calls will be made for only the items that appear on the APPROVED PRICE LIST. Negotiation or solicitation for prices and additional requirements will be conducted by the Contracting Officer only.

4. Individual Authorized to Purchase Under the BPA. The Contracting Officer will provide the contractor with a list of individuals authorized to place calls under the Agreement. Contractor shall honor the request from only those individuals who appear on the list of persons authorized to place calls furnished to them by the Issue by Office (502d Contracting Squadron/JBKCB) specified in Block 6 of the DD Form 1155. Individuals other than those not mentioned in the authorized callers list, shall not be permitted to place calls unless authorized in writing by the Contracting Officer. Contractors shall not honor any orders exceeding the call-limitation or any orders issued by anyone other than the individuals designated once the agreement has been made.

5. Acceptance of Musical Entertainment Services. The Contracting Officer and the designated individuals on the behalf of USAF Band of the West retains the right to negotiate or re-negotiate any fees recognized depending on the event. Terms and conditions includes fees during the period of the musician/artist’s performance. The musician/artist is not obligated to accept such negotiation terms, in the event the musician/artist and the Band of the West cannot agree to the performance or accept the conditions or musical entertainment requirement.

6. Delivery Tickets. All shipments under the BPA shall be accompanied by delivery tickets, sales slips, or invoices which shall contain the following information:

• Name of Company

• BPA Number

• Call and/or Order Number

• Date of Invoice

• Date of Performance or Delivery

• Itemized list of services or events, performances, and supplies furnished

(i.e. Transportation, Lodging and other direct expenses)

• 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; however, manual invoices must be itemized to show this information).

7. Invoices. An itemized invoice(s) shall be submitted at least monthly and/or ten (10) days prior to expiration of the BPA, whichever occurs first. The invoices should be supported by copies of delivery tickets, signed and submitted to Band of the West no later than the 10th of the following month. All items must be provided for one consolidated payment. All discounts shall be applied to the invoice.

8. Purchase Limitation. An authorized BPA Caller shall not exceed the single BPA call limit of $25,000.00 with a BPA Master Dollar Limit of $400,000. The Contracting Office shall be contacted for calls exceeding $25,000.00 since the calls shall follow the invoice procedures outlined in DFARS 252.232-7006, Wide Area Work Flow.

8. Payments. Payments will be made by way of using a Government Purchase Card; therefore, calls exceeding $25,000.00 will be unallowable. For further questions, the Contracting agency shall be contacted.