Attachment 1 BPA.pdf

FEDERAL AVIATION ADMINISTRATION

BLANKET PURCHASE AGREEMENT (BPA)

Catalog Contract for Acquisition of Miscellaneous Electrical, Electronic, and Mechanical/Industrial Products

6973GH-26-A-00001

Blanket Purchase Agreement (BPA) 6973GH-26-A-00001

Attachment 1 Page | 2

BPA PART I: INTRODUCTION

Establishment of Blanket Purchase Agreement (BPA) with [Contractor’s Name to be entered here] for acquisition of miscellaneous electrical, electronic, and mechanical/industrial products used in support of the National Airspace System (NAS) equipment maintenance, repair and overhaul activities, and products required for the Environmental, Occupational, Safety and Health (EOSH) program.

Pursuant to the provisions of FAA Acquisition Management System (AMS) T3.2.2.5, the Federal Aviation Administration (FAA), Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd, Oklahoma City, OK 73169 (hereafter referred to as the FAA) acting through the undersigned Contracting Officer (CO) and in agreement with [Contractor’s Name to be entered here], (hereinafter referred to as the Contractor) shall establish a Blanket Purchase Agreement

(BPA).

In accordance with AMS T3.2.2.5-3(b), a BPA is not a contract. Instead, it is an understanding between FAA and a vendor that allows FAA to place future orders more quickly by identifying terms and conditions applying to those orders, a description of the supplies to be provided, and methods for issuing and pricing each order. The FAA is not obligated to place, nor must a vendor accept any orders. Either party may cancel a BPA at any time. An enforceable agreement exists only when FAA places an order against the BPA and it is accepted by the vendor.

This BPA does not constitute an agreement to contract for, or otherwise obtain supplies specified, and the FAA is not obligated to place any Call Order under this BPA. The agreement shall be valid for a period of performance of five (5) years from the date of the award. A BPA is considered complete when purchases under it equal its total dollar limitation or when the stated time period expires.

The FAA desires to purchase supplies available from the Contractor and agrees to issue orders for such purchases under the terms and conditions of this BPA. The Contractor shall furnish supplies when requested by the Authorized Users and/or Contracting Officer during the specified period of performance.

BPA PART II: TERMS AND CONDITIONS

[Contractor’s Name to be entered here] (hereafter, "Contractor") agrees to the following terms of a BPA with the Federal Aviation Administration (FAA):

(a) Contractor shall have an established web-based commercial catalog with a variety of products available in one or more of these categories:

Electronic – for example - electronic components, lamps and displays, optoelectronics, test and measurement equipment.

Electrical – for example - circuit protection, electric motors, electrical interconnect products, lighting, power products, power transmission, wire and cable.

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Mechanical/Industrial – for example - adhesives, electromechanical and industrial control, fluids and lubricants, hardware, HVAC, industrial supplies, janitorial equipment and supplies, marking/labeling, measuring instruments, motors, paint and supplies, plumbing supplies, pneumatics and hydraulics, power transmission, protective clothing/equipment, pumps, safety and security products, shelving and storage tools

(b) All Call Orders (orders) placed against this BPA are subject to the terms and conditions of this agreement.

(c) Prices to the FAA shall be in accordance with web-based commercial catalog pricing.

(d) The Contractor shall furnish supplies when requested by Call Orders by the Contracting Officer or Authorized User. Each Call Order will state the supplies to be furnished including the delivery requirement and aggregate amount for each request.

(e) Each Call Order will be competed amongst all multiple BPA awardees unless the agency’s need for the requirement is of such urgency that awarding to the low offeror would result in unacceptable delays.

PART III: AGREEMENT OF THE PARTIES

(a) DESCRIPTION OF AGREEMENT: The Contractor must provide supplies that are available for the FAA when a Call Order is issued by the Contracting Officer (CO) or an appointed Authorized User and accepted by the Contractor. The categories of supplies to be requested by the FAA are in accordance with Statement of Work (SOW) (Attachment 1).

(b) EXTENT OF OBLIGATION: Funds will be bulk funded on individual Blanket Purchase Orders (BPO) to allow Call Orders to be placed against the obligated funds. The FAA is obligated only to the extent of authorized Call Orders placed under this BPA in accordance with AMS T3.2.2.5-4.d.(2) Extent of Obligation. Each BPO issued under this BPA shall set forth a Not-to-Exceed (NTE) amount for all Call Orders ordered against it.

(c) The Contracting Officer is the ONLY individual authorized to make mutually agreed upon changes in the terms and conditions of this BPA.

(d) The Government reserves the right to amend this BPA and the right to a no cost cancellation prior to the BPA's completion, in the event the supplies are no longer required.

(e) Supplies shall be subject to inspection by the Contracting Officer or authorized ordering officials who may require the Contractor to correct defective workmanship without cost to the Government.

(f) If the Contractor does not comply with the terms and conditions of this BPA, the Contracting Officer has the unilateral right to cancel this BPA by giving written notice to the Contractor.

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(g) Otherwise, this BPA may be cancelled by the Contractor or the Contracting Officer upon giving ten (10) calendar days' written notice.

(h) PURCHASE LIMITATIONS: For this BPA the minimum purchase amount per Call Order is $1.00 and the maximum purchase amount for authorized users is $10,000.00. Any Call Order over $10,000.00 must be placed by the Contracting Officer (CO). The total BPA purchase limitation is $5,000,000.00. This BPA is considered complete when the purchases under this agreement reach $5,000,000.00.

(i) NOTICE OF INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE BPA:

(1) Only a FAA Contracting Officer may issue Blanket Purchase Orders (BPO) against this BPA.

(2) Individuals authorized to place Call Orders under a BPO. Authorized users are listed in Attachment 3 "Authorized User List." Authorized users’ (with exception to a warranted Contracting Officer) dollar limitation is limited to less than $10,000.00 per call. Authorized users are required to document calls placed under the BPA. This information is to be maintained in a centralized location. When placing a call, authorized users are to remain fully cognizant of other calls placed against the BPA to avoid an unauthorized commitment.

(j) Ordering Procedures: According to AMS T3.8.3, if using a BPA is in FAA's best interest, as detailed in AMS Procurement Guidance T3.2.2.5, a BPA with a vendor does not justify purchasing from only one source, as the initial BPA and future orders awarded are subject to competition requirements.

(k) BPOs and Call Orders will be placed against this BPA in writing via E-mail.

(l) Unless otherwise agreed to, all deliveries under this BPA must be accompanied by shipping document that must contain the following information as a minimum:

(1) Name of individual who placed the order (call order).

(2) Name of Contractor;

(3) BPO Number;

(4) R# (purchase order number created in FAALC’s Industrial and Financial System

[IFS])

(5) Model Number or National Stock Number (NSN);

(6) Date of Purchase;

(7) Quantity, Unit Price, and Extension of Each Item (unit prices and extensions need not be shown when incompatible with the use of automated systems; provided, that the invoice is itemized to show the information); and

(8) Date of Delivery.

(m) Receipt of invoice with tracking number on a call obligation document completes a delivery. The Authorized Users will retain a copy of each delivery ticket or sales slip with an original receipt signature. The Authorized Users will complete a call obligation document for

Page | 5 each Call Order ordered and received and forward a copy to the FAA Office of Financial and Budget Services, AMK with a copy to the procurement issuing office.

(n) INVOICING PROCEDURES: Contractor shall submit invoices per AMS clause 3.3.1-40.

(o) If the Contractor cannot perform in exact accordance with the Call Order, the Contractor shall WITHHOLD PERFORMANCE and notify the Contracting Officer immediately including all necessary details.

(p) NO SUBSTITUTE OR CHANGE: No substitution or changes shall be made without prior approval of the Contracting Officer.

(q) The terms and conditions included in this BPA apply to all purchases made pursuant to it.

In the event of an inconsistency between the provisions of this BPA and the Contractor’s invoice, the provisions of this BPA will take precedence.

(r) This Blanket Purchase Agreement may be modified by mutual agreement of the Contracting Officer and Contractor.

(s) Disputes: If the FAA disputes a charge in good faith, FAA may withhold payment of that charge if FAA makes timely payment of all undisputed charges and, within 30 days of the due date, provides the Contractor with a written explanation of FAA’s reasons for disputing the charge. FAA must cooperate with Contractor to promptly resolve any disputed charge. If Contractor determines, in good faith, that the disputed charge is valid, Contractor will notify FAA and FAA must pay the charge promptly or invoke the dispute resolution process in this Agreement. If Contractor determines in good faith that the disputed charge is invalid, Contactor will credit FAA for the invalid charge.

(t) Dispute Resolution: All disputes arising under or related to this BPA shall be resolved through the Federal Aviation Administration (FAA) dispute resolution system at the Office of Dispute Resolution for Acquisition (ODRA) and shall be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17, which are hereby incorporated by reference. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. A Contractor may seek review of a final FAA decision only after its administrative remedies have been exhausted.

(u) Review. The CO should review a sufficient random sample of BPA files at least annually to ensure that authorized users are following procedures.

(v) Unauthorized Commitments. Only a FAA Contracting Officer may issue Blanket Purchase Orders (BPO) against a BPA. Any purchase made by an unauthorized person, or any purchase placed against a BPA which exceeds the authorized limitation is an unauthorized commitment.

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(w) Market Analysis. Sufficient changes to market conditions, sources of supply, and other factors may warrant the CO to make new arrangements with different vendors or modify existing arrangements.

(x) Expiration. The BPA is considered complete (expired) when purchases under or other related BPAs equal $5,000,000 or upon the stated time period expiration of five (5) years from the date of execution.

THE CONTRACTOR MUST REPORT THE EXPENDITURE OF FUNDING ON A BI-

WEEKLY BASIS (ON EVERY INVOICE) AND IMMEDIATELY WHEN 75% OF FUNDING

IS EXPENDED.

ACCEPTANCE

The undersigned parties consent to the terms and conditions set forth in this Blanket Purchase Agreement.

For the Contractor, [Name of Contractor]:

Signature: _________________

Name: ________________________

Title: _________________________

Date: _______________________

For the Government, Federal Aviation Administration:

Signature: ______________________

Name: Connie Houpt

Title: Contracting Officer, AAQ-710

Date: _______________________