Attachment_A_BPA_Terms_&_Conditions_12805B-20-F-0001.pdf

USDA NATIONAL BIO AND AGRO-DEFENSE FACILITY SAFETY FOOTWEAR

BLANKET PURCHASE AGREEMENT

BUY TERMS AND CONDITIONS (Attachment A)

IAW FAR 13.303(a)(2)

1. Description of Agreement. The U.S. Government has an ongoing requirement to purchase safety/protective footwear in indefinite quantities at non-regular ordering intervals as part of the NBAF Safety Plan. The Contracting Officer has authorized the establishment of a supply Blanket Purchase Agreement (BPA) with an ordering period of 5 years from the date of agreement award in order to meet this identified need. The qualified Contractor(s) shall provide the following types of boots and sizes available on site for same day purchase: Safety or protective footwear must conform to ASTM F-2413-2005, American National Standards Institute (ANSI) Z41-1999, or ANSI Z-41-1991. Safety or protective footwear must leather uppers, oil resistant and non-skid soles. A sufficient stock of Safety or protective footwear should be available in adult shoe sizes ranging from 4 to 12 in U.S. women's sizes and 6 to 16 in U.S. men's sizes, with limited availability to wide sizing if required.

The estimated annual cumulative value for Calls placed against this BPA is approximately $29.000.00 based on the number of personnel on board that require annual safety footwear. The total value for all five years of the BPA shall not exceed $145,000.00. All quantities represented in the solicitation and resulting BPA are estimated quantities and/or dollar amounts.

2. Extent of Obligation. The Government is obligated only to the extent of authorized purchases “Orders” or “Calls” actually made under the Blanket Purchase Agreement. The Contractor shall indemnify the Government for any liability producing act or omission by the Contractor, its employees and agents occurring during BPA performance. A BPA is not a Contract, and thus this agreement may be discontinued at any time, upon 30 days' written notice by either party. Discontinuing or modifying this agreement shall not affect any prior calls incorporated in the basic agreement. The agreement shall be reviewed annually, but may be reviewed and possibly revised more frequently in order to conform to applicable acquisition regulations and emerging needs of the U.S Government. The semi-annual review allows the U.S. Government to maintain awareness of changes in market conditions, sources of supply, and other pertinent factors that may warrant making new arrangements with different suppliers or modifying existing arrangements

This BPA does not obligate any funds. Funds are obligated when an authorized BPA call order is placed with the contractor in conjunction with this BPA. Each authorized purchase is obligated only to the extent of the obligation of the issued BPA call order that is actually placed under this

BPA.

3. Key BPA Representatives.

i. Contracting Officer (CO). The contracting officer is the only individual that can make changes to the Blanket Purchase Agreement and subsequent Calls. Government representatives other than the KO are NOT authorized to take any action that alters the BPA.

Any change to the BPA will be made in writing via modification by the Contracting Officer.

Any questions, disputes should be directed to the CO.

ii. Contract Specialist (CS). The Contract Specialist is the BPA administrator. All questions or concerns in regard to the administration of the agreement shall be addressed to the CS prior to contacting the CO. The CS is not authorized to act on behalf of the KO, exercise authority not eligible under the law, or change any of the terms and conditions of the BPA and/or subsequent call(s). Oftentimes, the CO and CS are the same person and not separate duties.

iii. Blanket Purchase Agreement Ordering Officer (Caller). The Caller serves as the CO’s direct liaison and monitors all technical (quality) provisions of the BPA. The CALLER is the CO’s direct POC for requirements determination, specifications, as well as clarification and interpretation of technical requirements under the BPA as required. The BPAOC ensures that the U.S. Government receives supplies that are compliant with the terms and conditions of the BPA and for each individual Call. The Caller notifies the CS or CO of any deficiencies that cannot be corrected through communication with the Contractor. The Caller is appointed by the CO, but is not authorized to act on behalf of the CO, exercise authority not eligible under the law, or change any of the terms and conditions of the BPA and/or subsequent call(s).

iv. Contractor Representative (CR) / BPA Holder (BPAH). For the purpose of this Agreement the terms CR and BPAH can be used interchangeably. The CR/BPAH directly submits offers for or is awarded, or reasonably may be expected to submit offers for or be awarded a Call for supplies competed under this BPA. The winning BPAH shall adhere to the terms and conditions of this agreement and shall provide all supplies in accordance with the awarded Call.

4. Purchase Limitation. The dollar limit for each call shall not exceed $200. The total amount ordered under this agreement shall not exceed $29,000.00 within one calendar year, or $145,000.00 over the life of the BPA, however, the annual and overall 5-year value is amendable due to fluctuating market conditions if so determined by the Contracting Officer. Contractors shall provide an initial price list (Bid Schedule) to the Contracting Officer at in response to the solicitation. Additionally, an updated price list (Bid Schedule) shall be provided to the Contracting Officer, every six months thereafter during the semi-annual review or whenever an authorized change to the BPA affects pricing data, for the duration of the BPA. An individual BPA is considered complete when the purchases under it equal its total dollar limitation, if any, or when its stated time period expires.

5. Period of Performance. This BPA is expected to be utilized to support the acquisition of mission safety/protective footwear for five (5) years after finalization of this BPA with the winning Contractor(s).

6. Individuals Authorized to Purchase Under the BPA.

Individuals authorized to place Calls under this BPA shall be appointed by Letter. A copy of the appointment letter shall be provided to the Contractor(s). No orders or calls shall be accepted by the Contractor, unless issued by the Contracting Officer or the Authorized Caller.

7. Ordering Procedures for BPA Calls.

This solicitation will establish between two (2) to five (5) BPA holders, each BPA holder will be awarded a Blanket Purchase Agreement (Typically numbered 12805-20-A-____). When funding is available and protective footwear is required the BPA holder may be issued a Delivery Order (Typically numbered 12805B-20-F-____). The “A” number indicates the Overall Agreement and the “F” number indicates the funded order placed against the Contractors BPA. Once a funded Delivery Order is in place, BPA Calls now be placed against the funded Delivery Order.

The individual requiring safety footwear will complete the BPA Call Approval Form, which shall be approved and signed the employee’s Supervisor. Once the BPA Call Approval Form is approved by the Supervisor it is then submitted to the BPA Ordering Officer (Caller) for approval. The BPA Ordering Officer shall assign the Form with a unique individual Call Number and log the Call on a Microsoft Office Excel tracking document. This Excel document will have the amount of dollars obligated on the Delivery Order (Typically Numbered 12805B- 20-F____), and deduct the amount of each Call (Not to Exceed $200) from the total amount of the funded Delivery Order issued. This document will serve as a declining balance sheet, and provide a real time total of dollars remaining on the Delivery Order.

Once the BPA Call Approval Form is assigned a BPA Call Number and Signed, the employee shall take the Form to the Contractors retail location for safety footwear purchase. The Employee shall be entitled to purchase on pair authorized safety footwear, as indicated on the form. The Contractor shall log the Delivery Order Number and the BPA Call Number and the amount of the purchase. The Contractor shall make a copy of the Authorization Form and maintain for their own records. The Contractor shall then provide a receipt to the employee identifying the exact purchase amount of the safety footwear.

The employee upon returning to work shall immediately provide a copy of the receipt to the BPA Ordering Officer, who will place the actual amount of the Call on the Excel declining balance sheet. This reconciliation will change the Not to Exceed amount of $200, to the actual purchase amount. This will again, ensure real time tracking of the dollars obligated and funds remaining on the Delivery Order. If there are not enough funds remaining to place a minimum call amount of $200, then no Calls shall be placed.

The BPA Ordering Officer shall keep track of the Calls issued/placed in monthly blocks of time on the Excel spreadsheet. At 1st of each month, the Contractor shall submit one combined invoice for the total of all Calls issued for the previous month, through the Invoicing Processing Platform (ipp.gov) website. Essentially, the Contractor shall invoice at the 1st of the month, for the previous months calls placed. The Contractor shall be able to financially carry the cost of the previous months purchase, until the following month’s invoice. Contractors without the financial capital to carry the cost of the Calls placed each month, will be deemed ineligible for award. Refer to paragraph 12 “Invoices”, for exact details of invoicing procedures through ipp.gov.

8. Selection Evaluation Criteria. All proposed products shall be in accordance with the specifications prescribed paragraph 1 “Description of Agreement”. Review Paragraph 10 (Delivery Terms) for more information regarding anticipated delivery terms for Calls placed against this BPA.

9. Selection Evaluation Process. The BPA Ordering Officer will evaluate the type of footwear requested, verify which BPA Holder has remaining funds on their Delivery Order. Once identified, the BPA Holders will be given Fair Opportunity for each Call issued under these agreements. If pricing is reasonable and equitable between holders, Calls could be rotated among qualified BPA Holders.

10. Delivery Terms. Upon presentation of an Approved BPA Call Form, the Contractor shall provide the employee with the approved and identified pair of Safety footwear, on site during the visit.

i. Hours of Operation. The Contractor shall operate the retail facility under the Contractors standard hours of business operations. This BPA does not dictate the hours of operation.

ii. Disputes. All issues concerning the acceptance and delivery of requested supplies shall be handled directly between the BPA Ordering Officer and the Contractor designated representative. Contractor shall notify the Contracting Officer in writing in addition to any verbal notification of any apparent conflict between compliance with the directives, rules and regulations identified in this agreement. The Contracting Officer will review all BPA CALL conflicts and make the final resolution.

11. Delivery Tickets. All Calls under the agreement shall be accompanied by by BPA Call Approval Form. This document contains all information, as required by FAR 13.303(a)(5)(i) through 13.303(a)(5)(vii)

12. Invoices. The Contractor shall submit their payment request electronically using the web based software Invoice Processing Platform (IPP). The IPP website is located at ipp.gov. There is no charge to use IPP. Contractors shall register to use IPP at this website and ensure an electronic business point of contact (POC) is designated in the System for Award Management (SAM) at https://www.sam.gov. An itemized invoice shall be submitted for all calls as an attachment in IPP. The terms and conditions included in this agreement apply to all purchases made pursuant to this agreement. In the event of an inconsistency between the provisions of this agreement and the supplier’s invoice, the provisions of this agreement will take precedence.

Prompt Payment for Small business shall be utilized to expedite payments to Small Business.

13. Additional Requirements: None identified https://wawf.eb.mil/ https://www.sam.gov/