Attachment 01 - Australia Vehicle Rental BPA PWS Revision 1.pdf

PERFORMANCE WORK STATEMENT

FOR

MULTIPLE-AWARD BLANKET PURCHASE AGREEMENT (BPA)

AUSTRALIAN VEHICLE RENTAL

04 August 2026

Table of Contents

1. INTRODUCTION AND SCOPE. This Performance Work Statement (PWS) establishes a decentralized, multiple-award

Blanket Purchase Agreement (BPA) for commercial vehicle rental services in support of Oversight Support Group – Australia

(OSG-A) and other authorized Government activities operating within the geographic scope described below. This BPA does not itself obligate any funds. Funds are obligated only through individual Calls (orders) issued against this BPA IAW Section 4

2. AUTHORIZED CALLERS. Only Contracting Officers assigned to OSG-A, and individuals appointed in writing by an

OSG-A Contracting Officer (e.g., by Ordering Officer appointment letter or Contracting Officer's Representative appointment), are authorized to place Calls against this BPA (“Authorized Callers”)

3. PRICE LIST REQUIREMENTS. Each BPA holder shall submit a complete Attachment 02 – Price List template at the time of proposal/BPA award, and shall update it at least annually or immediately upon any change in rates

4. ORDERING PROCEDURES (CALLS). Authorized Callers will place individual Calls against this BPA for vehicle rental services at any location within the geographic scope of paragraph 1.3. Each Call is a separate order and shall cite this BPA number and a unique Call number

5. VEHICLES. Under each Call, the awarded BPA holder shall provide the vehicle type(s) and quantity specified in that

Call, consistent with the specifications in Appendix A (or equal) and the vehicle types reflected in that BPA holder's accepted price list. Vehicle types recognized under this BPA include: (a) mid-size sedan; (b) SUV; (c) passenger van (8-15 passenger); (d) standard cargo van; (e) modified cargo van (secure mail transport); (f) pickup truck; and (g) small box truck. Not every BPA holder is required to offer every vehicle type; see paragraph 3.3. Furnished vehicles shall be registered in compliance with the law of the Australian state or territory of delivery, including attachment of the applicable state/territory vehicle number plate. Title to each vehicle remains with the BPA holder. The BPA holder shall deliver each vehicle to the location specified in the applicable

Call within the timeframe stated in that Call

6. SERVICES. The following services shall be provided by the BPA holder under each Call:

7. DAMAGE AND ACCIDENT. The Government reserves the right to repair any damages on the rental vehicle caused by negligence or fault of the Government at no cost to the BPA holder, at repair facilities and towing services authorized by the BPA holder

8. LIABILITIES. The BPA holder shall be liable for, and shall indemnify and hold harmless the Government against, all actions or claims for loss of or damage to property or the injury or death of persons, resulting from the fault, negligence, or wrongful act or omission of the BPA holder, its agents, or employees

9. REMEDIES. The Contracting Officer shall follow RFO 52.212-4, Contract Terms and Conditions — Commercial Items, for a BPA holder's failure to perform satisfactory services or failure to correct non-conforming services under a Call

10. DRIVER RESPONSIBILITIES. Consistent with standard commercial vehicle rental practice, the Government driver shall operate each vehicle in accordance with the manufacturer's operating instructions and shall not perform, or attempt to perform, any maintenance or repair on the vehicle. If a Government driver observes a warning light, unusual noise, fluid leak, low tire pressure, or other indication of a mechanical issue, the driver shall promptly report it to the BPA holder's point of contact

(paragraph 6.7). All scheduled and unscheduled maintenance remains the sole responsibility of the BPA holder IAW paragraph

6.2, at no cost to the Government and with no maintenance duty on the part of the Government driver

11. BPA ADMINISTRATION

12. COVERED TELECOMMUNICATIONS EQUIPMENT AND SECURITY REQUIREMENTS

APPENDIX A. Vehicle Specifications

APPENDIX B. Standard Price List Template

13. RETURN AND PAYMENT. The period of performance for this BPA and for individual Calls is governed by paragraph 11.4, Period of BPA

1. INTRODUCTION AND SCOPE. This Performance Work Statement (PWS) establishes a decentralized, multiple-award Blanket Purchase Agreement (BPA) for commercial vehicle rental services in support of

Oversight Support Group – Australia (OSG-A) and other authorized Government activities operating within the geographic scope described below. This BPA does not itself obligate any funds. Funds are obligated only through individual Calls (orders) issued against this BPA IAW Section 4.

1.1. Multiple Award. The Government intends to establish a single, multiple-award BPA with more than one (1) qualified vendor, each an awardee under the BPA (“BPA holder”). Each BPA holder will furnish rental vehicles and driver/chauffeur services, described in general terms in this PWS, if and when requested by an Authorized Caller during the period specified in paragraph 11.4 and within the aggregate ceiling stated in paragraph 11.3 (RFO 12.201-1(e)(3)(iv)(A)). The Government is obligated only to the extent of authorized purchases actually made under this BPA (RFO 12.201-1(e)(3)(iv)(B):

“A statement that the Government is obligated only to the extent of authorized purchases actually made under the BPA.”); award as a BPA holder under this PWS is not a guarantee of any order, minimum quantity, or minimum dollar value of business. BPA holders compete for individual Calls

IAW the ordering procedures in Section 4.

1.2. Decentralized Ordering. This is a decentralized BPA. Calls may be placed by any Authorized Caller

(Section 2) against any BPA holder capable of servicing the required delivery location, without requirement to route orders through a single central ordering point.

1.3. Geographic Scope. This BPA covers vehicle rental services within Australia, with initial required coverage encompassing the Australian Capital Territory and the states and territories of New South

Wales, Queensland, Northern Territory, Western Australia, South Australia, and Victoria. This geographic scope may be expanded during the ordering period IAW paragraph 11.9. Vendors are not required to offer coverage in all cities listed below or all vehicle types described in Appendix A. Each

BPA holder's participation will reflect only the cities, vehicle types, and delivery radius the vendor commits to servicing, as documented in its accepted price list (Section 3). The Government anticipates that BPA holder coverage will vary, and that some BPA holders may service only a subset of the following cities, each within a thirty (30) kilometer radius:

• Sydney, New South Wales

• Brisbane, Queensland

• Darwin, Northern Territory

• Alice Springs, Northern Territory

• Perth, Western Australia

• Melbourne, Victoria

• Cairns, Queensland

Delivery and pick-up within a 30 km radius of each city listed above shall be priced and included in the BPA holder's price list as described in Section 3. Authorized Callers may also place Calls for delivery to other locations within the geographic scope of this paragraph, including locations beyond the 30 km radius; a BPA holder's obligation to service any location is limited to the coverage and pricing reflected in its current price list (Section 3), and delivery outside the priced 30 km radius may be subject to an additional negotiated fee. Vehicles must be delivered to specified location within 10 calendar days from call order execution.

1.4. Definitions. For purposes of this PWS, the following terms have the meanings below. Additional terms are defined at first use elsewhere in this PWS (e.g., “covered foreign country” and “covered telecommunications equipment or services” in Section 12).

a. BPA means the Blanket Purchase Agreement established under this PWS.

b. BPA holder means a vendor awarded a BPA under this PWS.

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c. Call means an individual order placed against this BPA IAW Section 4; “Call” and “order” are used interchangeably in this PWS.

d. Authorized Caller means an individual authorized to place a Call under Section 2.

e. BPA Contracting Officer means the Contracting Officer responsible for administering this BPA, who may or may not be the Authorized Caller for a given Call.

f. Fair Opportunity means the process described in paragraph 4.1 by which capable BPA holders are given an opportunity to compete for a Call.

2. AUTHORIZED CALLERS. Only Contracting Officers assigned to OSG-A, and individuals appointed in writing by an OSG-A Contracting Officer (e.g., by Ordering Officer appointment letter or Contracting

Officer's Representative appointment), are authorized to place Calls against this BPA (“Authorized

Callers”).

2.1. This BPA is established, and individual Calls are issued, under the authority of RFO Part 12, Acquisition of Commercial Products and Commercial Services, and RFO 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services, as incorporated into this BPA.

2.2. Authorized Caller Roster. OSG-A will maintain, and provide to each BPA holder, a current roster of

Authorized Callers, including name, organization, any dollar-value limitation on their authority, and contact information. OSG-A will notify BPA holders promptly of any additions or removals. This roster constitutes the list of individuals authorized to place orders under this BPA required by RFO

12.201-1(e)(3)(iv)(D) (“A list of individuals authorized to place orders or make purchases under the

BPA.”) and is maintained as part of the official BPA file.

2.3. Unauthorized Orders. BPA holders shall not accept, or provide services in response to, any order or request from an individual who does not appear on the current Authorized Caller roster, and shall promptly notify the BPA Contracting Officer of any such request. Any commitment made by an individual who is not an Authorized Caller is not binding on the Government, and any resulting costs are not payable by the Government.

3. PRICE LIST REQUIREMENTS. Each BPA holder shall submit a complete price list at the time of proposal/BPA award, and shall update it at least annually or immediately upon any change in rates.

3.1. Required Content. For each city and vehicle type it chooses to offer, the price list shall separately identify: daily, weekly, and monthly rental rates; any mileage allowance and excess-mileage charge;

delivery and pick-up fees, priced to include delivery and pick-up anywhere within a 30 km radius of the applicable city; insurance/excess-reduction options and costs; after-hours or weekend delivery surcharges; and any one-way rental fee. Appendix B provides a standard price list template BPA holders may use.

3.2. Basis for Award. Submitted price lists become part of this BPA and are the basis for price reasonableness determinations and Call awards under Section 4. The BPA Contracting Officer may request a revised price list at any time and may reject any price determined not to be fair and reasonable. Rates accepted into a BPA holder's price list under this paragraph represent that BPA holder's ceiling (not-to-exceed) rate for the applicable city and vehicle type; a BPA holder may not submit a Call-level quote under Section 4 that exceeds its then-current accepted Price List rate.

Call-level award among capable BPA holders is made on a lowest-total-evaluated-price basis, as described in paragraph 4.1.

3.3. Partial Coverage Permitted. A BPA holder is not required to price every city or vehicle type listed in

Appendix A or Appendix B. A BPA holder shall submit rates only for the cities, vehicle types, and delivery radius it is capable of and willing to service; rows or combinations not offered shall be omitted or clearly marked “Not Offered” rather than left blank, to avoid ambiguity between an unpriced item and an oversight. A BPA holder may expand its coverage at any time during the ordering period by submitting a revised price list for review and acceptance IAW paragraph 11.8.

4. ORDERING PROCEDURES (CALLS). Authorized Callers will place individual Calls against this BPA for vehicle rental services at any location within the geographic scope of paragraph 1.3. Each Call is a separate order and shall cite this BPA number and a unique Call number.

4.1. Fair Opportunity. For Calls estimated to exceed the micro-purchase threshold, the Authorized Caller will provide a fair opportunity to be considered to all BPA holders reasonably capable of delivering to the required location — normally by requesting quotes from at least three (3) capable BPA holders, or all capable BPA holders if fewer than three exist for that location — and will award the Call to the

BPA holder(s) covering the required location(s) and vehicle type(s) that offer the lowest total evaluated price for that Call, unless the request for quotes states additional order-specific evaluation factors (e.g., delivery timeliness, vehicle availability). A BPA holder is considered “capable” of servicing a location and vehicle type for purposes of this paragraph only if that city, vehicle type, and delivery radius appear in its current accepted price list (Section 3); BPA holders that have not priced a given city or vehicle type are not part of the competitive pool for Calls involving that city or vehicle type. Award at the Call level is made using the lowest-total-evaluated-price methodology described in this paragraph; this order-level competitive price evaluation is distinct from, and does not affect, the fair-and-reasonableness price evaluation performed at BPA establishment IAW the Combined

Synopsis/Solicitation's Basis of Award and Evaluation Factor – Price sections.

4.2. Exceptions to Fair Opportunity. An Authorized Caller may issue a Call to a single BPA holder without seeking additional quotes when: (a) the Call is at or below the micro-purchase threshold; (b) only one BPA holder is capable of delivering to the required location within the time required; (c) an urgent and compelling need exists such that seeking additional quotes would cause unacceptable delay; or (d) other circumstances otherwise justify limiting consideration IAW agency ordering procedures. The basis for any such determination shall be documented in the Call file.

4.3. Call Content. Each Call shall identify, at minimum: the delivery and return location; vehicle type(s) and quantity required (per Appendix A, or equal); the requested rental period (start and end dates);

any special requirements; the Authorized Caller's name and contact information; and the applicable

BPA and Call number.

4.4. Quote Response Time. BPA holders shall respond to a request for quote within two (2) business days of receipt, unless a shorter period is specified due to urgency.

4.5. Award. The Authorized Caller will notify the awarded BPA holder in writing (email is acceptable).

Submission of a quote does not guarantee award of the Call.

5. VEHICLES. Under each Call, the awarded BPA holder shall provide the vehicle type(s) and quantity specified in that Call, consistent with the specifications in Appendix A (or equal) and the vehicle types reflected in that BPA holder's accepted price list. Vehicle types recognized under this BPA include: (a) mid-size sedan; (b) SUV ; (c) passenger van (8-15 passenger); (d) standard cargo van; (e) modified cargo van

(secure mail transport); (f) pickup truck; and (g) small box truck. Not every BPA holder is required to offer every vehicle type; see paragraph 3.3. Furnished vehicles shall be registered in compliance with the law of the Australian state or territory of delivery, including attachment of the applicable state/territory vehicle number plate. Title to each vehicle remains with the BPA holder. The BPA holder shall deliver each vehicle to the location specified in the applicable Call within the timeframe stated in that Call.

5.1. REGISTRATION AND INSURANCE. Vehicle registration and insurance coverage are required in accordance with the law of the Australian state or territory in which the vehicle is delivered and operated, and shall meet, at minimum, the following:

• Compulsory Third-Party Personal Injury Insurance (CTP), or the state/territory equivalent, covering injury to third parties, is required for every vehicle. Consistent with Australian state/territory law, CTP coverage extends by operation of law to any authorized driver operating the registered vehicle, including a Government driver, without requiring individual drivers to be separately named on the policy.

• Third Party Property Damage (TPPD) and/or Public Liability insurance, with a minimum limit of

AUD $20,000,000 per occurrence, covering damage to third-party property and bodily injury not covered by CTP, is required for every vehicle. This limit is intended to align with the level of

TPPD cover commonly included as standard in commercial comprehensive motor vehicle insurance policies in Australia, and is not intended to require a bespoke or elevated general liability policy beyond a BPA holder's existing comprehensive motor coverage. This requirement covers loss, damage, injury, or death caused by the fault, negligence, or wrongful act or omission of the BPA holder, its agents, or employees, or by a defect in the vehicle itself; it does not require the BPA holder to price, obtain, or maintain insurance covering the negligence of a Government driver, which is addressed exclusively under paragraph 7.1 as a self-insured Government risk under the Foreign Claims Act, and shall not be priced or represented as duplicating that coverage.

• Comprehensive motor vehicle insurance (fire, theft, and accidental damage), covering the full replacement value of the vehicle, including windscreen and glass coverage, is required for every vehicle.

• Excess (deductible) of Comprehensive Car Insurance should not exceed A$1,000.00 per incident, unless otherwise negotiated at the Call level.

• Coverage shall be valid for use throughout the geographic scope of this BPA (paragraph 1.3), including regional and remote areas within the delivery radius of the applicable city.

• Drivers must be above 21 years of age, unless a lower minimum age is otherwise permitted by the insurer and approved by the BPA Contracting Officer.

• The BPA holder shall provide proof of current insurance coverage upon request by the

Contracting Officer or an Authorized Caller, and shall, upon request, itemize any premium or cost component of its rates attributable to third-party liability coverage, to support Government verification that no coverage duplicating the Government's self-insured risk under paragraph 7.1 has been priced into the BPA holder's rates.

5.2.CONDITION OF RENTAL VEHICLE. The vehicle furnished under each Call shall be good quality and in safe operating condition and shall comply with the law of the Australian state or territory applicable to the vehicle. Both the exterior and the interior of the vehicle must be free of excessive soil, rust, and damage. If the vehicle does not meet the vehicle manufacturer's standards and does not meet the criteria listed above, the Government may reject the vehicle promptly after receipt. If the Authorized

Caller determines that any vehicle furnished is not in compliance with the Call, the Authorized Caller shall promptly inform the BPA holder in writing. If the BPA holder fails to replace the vehicle or correct the defects as required, the Government may — (a) by contract or otherwise, correct the defect or arrange for the rental of a similar vehicle and charge or set off against the BPA holder any excess costs occasioned thereby; or (b) terminate the Call for cause. A thorough inspection report must be conducted at the drop-off and return of vehicles at the conclusion of each Call. These reports must be maintained by the BPA holder.

5.3.SAFETY. Each vehicle must meet all host nation and applicable state/territory safety requirements and have, as a minimum, the following safety features: seat belts, rear view mirrors, back up camera, windshield wipers, parking brake, horn and serviceable lights (interior and exterior). The vehicle will also have driver and passenger airbags, when available from the manufacturer. All safety items must meet the vehicle manufacturer's standards.

5.4.HEATING AND AIR CONDITIONING. Heating and air conditioning must be in the vehicle and comply with the vehicle manufacturer's standards.

5.5.TIRES. Tires must be new or in exceptional condition. The tire type shall be in accordance with the vehicle's manufacturer specifications/recommendations. A spare tire must be in all the vehicles and be in exceptional condition. If a spare tire is used, a replacement tire shall be issued to the vehicle within 24 hours.

5.6.GENERAL ITEMS. Windows shall be tinted on all sides to include rear windows, as allowed by local laws. Windshield screens and floor mats shall be provided for all vehicles. Each vehicle shall have a lug wrench and jack. In addition, each vehicle shall have a road safety kit (reflectors, road flares, etc.) and fire extinguisher in accordance with local safety laws. All general items must meet the manufacturer's standards.

6. SERVICES. The following services shall be provided by the BPA holder under each Call:

6.1.JOINT INSPECTION. The BPA holder and the Government will conduct a joint inspection of all vehicle(s) at the time of delivery to ensure the vehicle(s) meet the requirements of this PWS and to ensure that all dents, scratches or other damages are documented. A joint inspection will also be conducted when the vehicle(s) are picked up by the BPA holder for return, in order to document the condition of the vehicle(s).

Delivery and shipment documentation for each Call shall include, at minimum: the BPA and Call number; vehicle make, model, and registration/number plate; the delivery date, time, and location; the odometer reading at delivery; and the signatures (or electronic equivalent) of the Government representative and the BPA holder's representative on the joint inspection report required by this paragraph. This satisfies the delivery/shipment documentation requirement of RFO 12.201-

1(e)(3)(iv)(E) (“Information that must be included in delivery or shipment documentation.”).

6.2.MAINTENANCE. The BPA holder is solely responsible for all vehicle maintenance, both scheduled

(e.g., factory-recommended service intervals, oil changes, filter changes) and unscheduled (e.g., breakdowns and mechanical repairs), for the entire duration of each Call. The BPA holder shall provide all parts, labor, and expertise necessary to complete required maintenance tasks, at no additional cost to the Government beyond the agreed rental rate. Maintenance parts include those items that must be replaced due to fair wear and tear, such as windshield wipers, tires, headlamps, filters, fluids (i.e. motor oil, antifreeze), and lubricants.

Fair wear and tear is defined as deterioration that occurs during normal use or due to the aging of the vehicle, which may be assessed based on the age and mileage of the vehicle; examples of fair wear and tear include minor dents, scratches, fading seats, tire wear, brake wear, clutch wear, and other incidental cosmetic or mechanical wear, excluding a flat tire caused by road hazard. This definition is used solely to distinguish ordinary wear (a BPA holder maintenance cost) from damage attributable to Government negligence (addressed in Section 7, DAMAGE AND ACCIDENT); it does not limit the BPA holder's maintenance obligation in the preceding paragraph.

6.3.VEHICLE REPLACEMENT. Vehicle replacement is addressed on a case-by-case basis; this BPA does not impose a fixed mileage, age, or calendar-based swap-out schedule for vehicles already delivered under an active Call. The BPA holder shall replace a vehicle furnished under a Call when any of the following typical conditions occur:

• The vehicle is unsafe or does not meet the safety requirements of paragraph 5.3;

• The vehicle is unserviceable or inoperable and cannot be economically repaired within a reasonable time;

• The vehicle has been in an accident or sustained damage rendering it unfit for continued use;

• The vehicle is subject to a manufacturer safety recall that has not been remedied;

• The vehicle otherwise fails to meet the condition, safety, or specification requirements of this

PWS or the applicable Call; or

• Recurring mechanical or maintenance issues substantially interfere with the Government's use of the vehicle.

Routine mileage accrued during normal use of a vehicle under an active Call is not, by itself, grounds for replacement.

6.4.REPLACEMENTS. Replacements shall be provided for all vehicles that are out of commission. If no replacement vehicle is provided, consideration should be given to seeking compensation from the BPA holder for noncompliance. The BPA holder shall deliver the new vehicle early enough to be in-processed and available on the date and time specified by the Authorized Caller and allow for out-processing time of the outgoing vehicle. This overlapping period will not exceed three (3) days. The

BPA holder shall notify the Authorized Caller if the Government fails to turn in the old vehicle on the agreed upon date and time.

6.5.LOANER VEHICLES. The BPA holder shall provide a loaner vehicle any time a primary vehicle is unavailable for more than 24 hours. The 24 hours starts from the time the BPA holder is notified that the primary vehicle went down and rent is still being incurred. The loaner shall be of equal or greater quality and condition to the primary vehicle, and shall meet the same criteria outlined in paragraph 5.2, CONDITION OF RENTAL VEHICLE. If no loaner of equal or greater vehicle type is provided within

24 hours, the daily rental rate of the primary vehicle shall be deducted from the invoice for that Call for every day the Government is without a vehicle. Primary vehicles not returned within 30 days will be replaced, at the Authorized Caller's approval, with another vehicle of equal or greater type at the same price initially offered until the requested vehicle type is delivered.

6.6.VEHICLE TOW/RECOVERY SERVICE. The Government shall not incur any charges for towing due to vehicle failure. Upon proper notification, the BPA holder shall recover disabled vehicles.

Disabled vehicles are vehicles unsafe and/or unserviceable to the point they cannot be driven without causing harm to the driver or the local area. This service should be available 24 hours a day. If recovery service is not available 24 hours a day, alternatives must be negotiated and agreed to by the Call representatives.

6.7.POINTS OF CONTACT. Each BPA holder will provide points of contact within their company to interface with Authorized Callers on issues concerning rental vehicles. Names, business address, phone numbers, and hours of operation are the minimum information requirements. Arrangements for contacting the BPA holder's points of contact after normal business hours should also be made.

6.8. TELEMATICS AND FLEET MANAGEMENT DEVICES (OPTIONAL). A BPA holder may propose the use of telematics or fleet-management devices (e.g., OBD-II plug-in telematics units) to support maintenance scheduling, odometer reporting, and vehicle health monitoring under this BPA.

The use of any such device is strictly optional and remains at the sole discretion of the Government for

Operational Security (OPSEC) and cybersecurity reasons; no BPA holder shall install, activate, or require the use of a telematics or other tracking device on any vehicle furnished under a Call without the express prior written authorization of the Authorized Caller or BPA Contracting Officer for that specific

Call.

6.8.1. No Default Installation. Telematics or similar tracking devices shall not be installed as a default, standard, or bundled feature on any vehicle furnished under this BPA. A BPA holder proposing such devices shall offer them as a distinct, separately identified option in its price list or

Call quote, clearly marked as opt-in and priced separately from the base rental rate.

6.8.2. Security Documentation Required Before Activation. Before any telematics or similar device is activated on a Government-rented vehicle, the BPA holder shall provide the Contracting Officer or

Authorized Caller a written description of the proposed device, including the manufacturer, the specific data transmitted, the hosting/cloud location, the encryption standard employed, and any independent security authorizations claimed for the device or platform (e.g., a FedRAMP authorization or applicable NIST FIPS validation certificate). This documentation is in addition to, and does not substitute for, the representation and equipment restrictions of Section 12 which continue to apply in full to any telematics, GPS, or similar equipment proposed under this paragraph.

6.8.3. Government Right to Decline or Remove. The Government reserves the right, in its sole discretion, to decline the use of any telematics or tracking device on any vehicle or Call, or to direct the removal, disabling, or deactivation of a previously authorized device at any time, including for

OPSEC, cybersecurity, or any other reason, without cost, penalty, or liability to the Government. A

BPA holder shall not condition vehicle delivery, availability, pricing, or performance under any Call on the Government's acceptance of a telematics or tracking device, and declining such a device shall not be grounds for the BPA holder to withhold, delay, surcharge, or otherwise degrade vehicle delivery or service.

6.8.4. Data Minimization. Where telematics use is authorized for a Call, the device and any associated platform shall be limited to collecting and transmitting vehicle health, maintenance, and odometer data reasonably necessary for fleet management purposes. The BPA holder shall not use an authorized device to collect, transmit, or retain real-time location, route, or occupant data beyond what is strictly necessary for the authorized maintenance purpose, and shall not share, sell, or otherwise disclose data collected from a Government vehicle to any third party without the prior written consent of the Contracting Officer.

7. DAMAGE AND ACCIDENT. The Government reserves the right to repair any damages on the rental vehicle caused by negligence or fault of the Government at no cost to the BPA holder, at repair facilities and towing services authorized by the BPA holder.

The BPA holder shall provide the Government with a list of authorized repair facilities for each city in which it delivers vehicles, prior to the rental period. In addition, the Government may request to add additional repair facilities within close proximity to the delivery address for approval by the BPA holder.

The Government will only select repair facilities authorized by the BPA holder to make repairs. The

BPA holder agrees to accept repairs completed by authorized repair facilities and agrees to release any demand or claim from the Government on all repairs made when the rental vehicle is returned to the

BPA holder, upon expiration of the Call.

In case of an accident where the cost of repair is less than the cost of replacing the vehicle and requires repair of the rental vehicle, the Government representative shall notify the BPA holder and the BPA

Contracting Officer of the accident.

In case of an accident where the cost of repair is greater than the cost of replacing the damaged vehicle, the Government may terminate the applicable Call for the convenience of the Government.

Compensation for the value of the damaged vehicle will be paid to the BPA holder for the purchase price of the vehicle less the depreciated value during the lapsed Call period.

7.1. The Government shall be responsible for loss of or damage to rental vehicles (except for normal wear and tear; and loss or damage caused by the negligence of the BPA holder, its agents, or employees) and property of third persons, or the injury or death of third persons, caused by the negligence or wrongful act or omission of a Government driver operating a vehicle furnished under this BPA, to the extent the Government is liable for such loss, damage, injury, or death under the

Foreign Claims Act (10 U.S.C. § 2734) or other applicable Government claims statute. Such claims shall be adjudicated through the applicable Foreign Claims Commission or other designated

Government claims process; this is a self-insured Government risk, and the Government does not purchase or require commercial insurance to cover this exposure. This paragraph does not apply to, and does not limit, the BPA holder's insurance and indemnification obligations under paragraphs 5.1, 6.9.7, and Section 8 for loss, damage, injury, or death caused by the fault, negligence, or wrongful act or omission of the BPA holder, its agents, or employees (including any driver furnished under paragraph 6.9).

7.2. In case of accident or damage, the cost of the liability will be determined by mutual agreement of both parties.

8. LIABILITIES. The BPA holder shall be liable for, and shall indemnify and hold harmless the Government against, all actions or claims for loss of or damage to property or the injury or death of persons, resulting from the fault, negligence, or wrongful act or omission of the BPA holder, its agents, or employees.

9. REMEDIES. The Contracting Officer shall follow RFO 52.212-4, Contract Terms and Conditions —

Commercial Items, for a BPA holder's failure to perform satisfactory services or failure to correct non-conforming services under a Call.

10. DRIVER RESPONSIBILITIES. Consistent with standard commercial vehicle rental practice, the

Government driver shall operate each vehicle in accordance with the manufacturer's operating instructions and shall not perform, or attempt to perform, any maintenance or repair on the vehicle. If a Government driver observes a warning light, unusual noise, fluid leak, low tire pressure, or other indication of a mechanical issue, the driver shall promptly report it to the BPA holder's point of contact (paragraph 6.7). All scheduled and unscheduled maintenance remains the sole responsibility of the BPA holder IAW paragraph

6.2, at no cost to the Government and with no maintenance duty on the part of the Government driver.

11. BPA ADMINISTRATION.

11.1. No Guarantee of Orders. This is a multiple-award, decentralized BPA. Issuance of a BPA under this PWS does not obligate any funds and does not guarantee any BPA holder a minimum or maximum quantity or value of orders. Funds are obligated only at the individual Call level.

11.2. Single Purchase Limit. The single purchase limit for each call order shall not exceed the current Simplified Acquisition Threshold (SAT), as defined in RFO 2.101 Definitions, unless otherwise the terms are bilaterally modified by the contracting officer.

11.3. Ceiling. The cumulative value of all Calls issued under this BPA, across all BPA holders combined, shall not exceed the planning ceiling of $2,500,000.00 USD, unless increased by modification issued by the BPA Contracting Officer IAW paragraph 11.3.1. This ceiling is an administrative control on the aggregate value of Calls that may be issued; it is not itself an obligation of funds, and it does not guarantee any BPA holder a share of that value.

11.3.1. Increasing the Ceiling. The BPA Contracting Officer may increase the ceiling stated in paragraph 11.3 at any time during the ordering period, provided that: (a) the increase remains within the general scope of vehicle rental services described in this PWS; (b) the BPA Contracting Officer documents the basis for the increase (e.g., updated utilization data, an updated independent

Government cost estimate, additional delivery locations or vehicle types, or price escalation); (c) sufficient funds availability is confirmed at the time of each subsequent Call, consistent with paragraph 11.1; and (d) any internal or agency-level approval otherwise required for an acquisition or modification of that dollar value is obtained prior to issuance. A ceiling increase will be issued as a modification to the BPA and does not, by itself, obligate funds; funds continue to be obligated only at the individual Call level IAW paragraph 11.1.

11.4. Period of BPA. This BPA remains in effect for a period not to exceed five (5) years from the date of award, or until the ceiling established in paragraph 11.3 is reached, whichever occurs first, unless canceled sooner IAW paragraph 11.12 or extended by modification IAW paragraph

11.8. Individual Calls may not extend beyond the BPA's period of performance, as it may be extended under this paragraph, except to complete a rental period already in progress.

11.5. Annual Review. The BPA Contracting Officer will review each BPA holder's price list, performance, and continued eligibility at least annually, and may modify or terminate any individual

BPA holder's participation for failure to remain price-reasonable, responsive, or responsible.

Consistent with RFO 12.201-1(e)(3)(v), this review will also confirm that authorized ordering procedures are being followed and will maintain awareness of changes in market conditions, sources of supply, and other pertinent factors that may warrant establishing new agreements with different suppliers or modifying this BPA.

11.6. BPA Holder Responsibilities. Each BPA holder shall: maintain a current price list on file with the BPA Contracting Officer; respond to requests for quotes within the timeframe stated in paragraph 4.4; notify the BPA Contracting Officer promptly of any inability to perform a Call or service a location; and maintain all licenses, registrations, and insurance required to operate in each

Australian state or territory in which it proposes to deliver vehicles.

11.7. Government Responsibilities. The BPA Contracting Officer will maintain the roster of

Authorized Callers, maintain the official file of BPA holder price lists, and ensure Calls are placed in accordance with the fair opportunity procedures in Section 4.

11.8. Modification. Changes to a BPA (e.g., price list updates, addition or removal of delivery locations or vehicle types, administrative changes) will be made by bilateral or unilateral modification, as applicable, issued by the BPA Contracting Officer. A BPA holder wishing to expand its coverage to additional cities, vehicle types, or a wider delivery radius than originally accepted may submit a revised price list for review at any time; expanded coverage takes effect only upon written acceptance by the BPA Contracting Officer.

11.9. Expansion of BPA Scope. The Government reserves the right to modify this BPA, within the general scope of vehicle rental services, to add delivery locations beyond the cities listed in paragraph

1.3, additional vehicle types beyond those in Appendix A, or other administrative changes needed to meet mission requirements. Such modifications will be issued by the BPA Contracting Officer and will apply to all affected BPA holders, or to individual BPA holders where the modification concerns only that holder's price list or coverage.

11.10. On-Ramping of New BPA Holders. This is a multiple-award BPA, and the Government is not limited to the vendors awarded at initial establishment. The Government reserves the right to add

(“on-ramp”) additional qualified vendors as BPA holders at any time during the ordering period, as necessary, by reopening this combined synopsis/solicitation for an additional response period via amendment. On-ramping will not require modification of existing BPA holders’ agreements.

11.10.1. Reopening Procedures. The BPA Contracting Officer may reopen this combined synopsis/solicitation for an on-ramping cycle at any time during the ordering period, as needed to improve competition or coverage for a location or vehicle class with limited or no vendor participation. Each on-ramping cycle will be announced by amendment to the combined synopsis/solicitation establishing a new response date/time for that cycle IAW RFO 12.603(c)(3)(ii) and 5.203(b); no on-ramping cycle will be conducted without an established response time.

11.10.2. Evaluation. Quotes received during an on-ramping cycle will be evaluated using the same procedures and criteria applied at initial BPA establishment: a pass/fail submission-completeness review followed by a fair-and-reasonable price determination, consistent with the Combined

Synopsis/Solicitation’s Basis of Award, Evaluation Process, and Evaluation Factor – Price sections.

Quotes are not comparatively ranked against other offerors, whether previously established as BPA holders or under concurrent evaluation.

11.10.3. Effect of Amendments. A quote received before an amendment announcing an on-ramping cycle will be evaluated under the terms in effect at the time of submission, as applicable; a quote received during an announced on-ramping cycle must comply with the terms of that cycle’s amendment. An amendment announcing an on-ramping cycle does not, by itself, modify any BPA already established; changes to an existing BPA holder’s agreement are made only by separate modification IAW paragraph 11.8.

11.10.4. Records. The BPA Contracting Officer will maintain a running log of on-ramping cycles conducted, including the basis for each, and quotes received under each cycle, including date received, vendor name, locations and vehicle classes quoted, evaluation disposition, and (if established) BPA effective date, as part of the official BPA file.

11.11. Off-Ramping of BPA Holders. The Government reserves the right to remove (“off-ramp”) a

BPA holder from this BPA at any time during the ordering period upon the occurrence of one or more of the criteria in paragraph 11.11.1 below. Off-ramping is an administrative removal of eligibility for future Calls and is separate from, and does not require, termination of a Call or of the

BPA holder’s participation for cause under paragraph 11.12.a.

11.11.1. Off-Ramping Criteria. A BPA holder may be off-ramped from this BPA for any of the following: (a) Poor Performance – sustained failure to meet the performance standards of this PWS, including repeated failure to meet delivery timeframes, vehicle condition, or maintenance and response-time standards; (b) Repeated No-Quotes – failure to respond, or repeated declination to quote without adequate justification, on requests for quotes for locations and vehicle classes for which the BPA holder is listed as capable, over three (3) or more requests within any twelve (12) month period; (c) Failure to Meet Requirements – failure to maintain the licenses, registrations, or insurance required by paragraph 5.1, or failure to maintain a current, accepted price list IAW Section

3; or (d) Loss of Eligibility – suspension, debarment, ineligibility for Federal award, or other loss of legal eligibility to hold a Federal contract or BPA.

11.11.2. Off-Ramping Procedures. Before off-ramping a BPA holder for Poor Performance, Repeated

No-Quotes, or Failure to Meet Requirements, the BPA Contracting Officer will provide the BPA holder written notice of the specific deficiency and a reasonable opportunity to cure, not less than fifteen (15) calendar days, unless a shorter period is warranted by the circumstances and documented in the BPA file. If the BPA holder fails to cure within the period provided, or if the deficiency is not curable, the BPA Contracting Officer may off-ramp the BPA holder by written notice, effective on the date stated in the notice. Off-ramping for Loss of Eligibility is effective immediately upon the

BPA Contracting Officer’s actual knowledge of the loss of eligibility, without a cure period.

11.11.3. Effect of Off-Ramping. Off-ramping removes a BPA holder’s eligibility to receive future

Calls under this BPA; it does not affect any Call already issued to that BPA holder, which will continue to be performed, administered, and paid IAW its own terms and this PWS. Off-ramping is not itself a termination for default and does not preclude the Government from separately terminating an individual Call for cause IAW Section 9 (Remedies) or paragraph 11.12.a, where warranted by the same or related facts.

11.11.4. Reinstatement. A BPA holder that has been off-ramped may be reconsidered for BPA holder status only through a subsequent on-ramping cycle IAW paragraph 11.10, and only if the condition(s) giving rise to the off-ramping have been resolved to the satisfaction of the BPA

Contracting Officer.

11.11.5. Records. The BPA Contracting Officer will maintain a record of each off-ramping action, including the criteria relied upon, notice provided, any cure period afforded, and the effective date, as part of the official BPA file.

11.12. Termination and Cancellation.

a. Termination of Individual BPA Holder or Call. The Government may terminate any individual

BPA holder's participation in this BPA, or any individual Call, for convenience at any time upon written notice. Individual Calls, once awarded, will be administered and, if necessary, terminated

IAW their own terms and the applicable RFO clauses (e.g., RFO 52.212-4).

b. Cancellation of BPA. This BPA may be canceled by the BPA Contracting Officer, in whole or as to one or more BPA holders, at any time upon written notice. A BPA holder may withdraw from this BPA at any time upon thirty (30) calendar days' written notice to the BPA Contracting

Officer.

c. Automatic Expiration. This BPA automatically expires at the end of the period of performance stated in paragraph 11.4, or upon reaching the ceiling in paragraph 11.3, whichever occurs first, unless canceled sooner under this paragraph or extended by modification.

d. Effect of Cancellation, Withdrawal, or Expiration. Cancellation, withdrawal, or expiration of this

BPA does not affect any Call issued before the effective date of the cancellation, withdrawal, or expiration; such Calls remain in effect and will be performed, administered, and paid IAW their own terms and this PWS.

11.13. Non-Personal Services. This BPA is for non-personal services. BPA holder employees performing under this BPA are not, and shall not be considered, Government employees for any purpose.

11.14. Order of Precedence. In the event of a conflict, the terms of an individual Call take precedence over this PWS only to the extent necessary to describe the specific requirement of that

Call; all other terms and conditions of the BPA and the underlying contract vehicle continue to apply.

Applicable Clauses. The following RFO clauses are applicable to purchases under this BPA and are incorporated by reference IAW RFO 12.201-1(e)(3)(iv)(G): RFO 52.212-4, Contract Terms and

Conditions – Commercial Products and Commercial Services; RFO 52.240-90, Security Prohibitions and

Exclusions – Representations and Certifications; RFO 52.240-91, Security Prohibitions and Exclusions;

and any additional clauses identified in an individual Call as applicable to that Call. Full text of each clause may be viewed at the Federal Acquisition Regulation Table of Contents at www.acquisition.gov, or obtained from the BPA Contracting Officer upon request.

12. COVERED TELECOMMUNICATIONS EQUIPMENT AND SECURITY REQUIREMENTS.

12.1. No Strict Prohibition on Country of Manufacture. This BPA does not impose a strict prohibition on vehicles manufactured in China. However, offerors must comply with the representation and equipment restrictions in this Section 12.

12.2. Required Representation. IAW RFO 52.240-90(c), the Government is prohibited by statute from conducting business with entities that represent that they “do” use or provide covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services. By submission of its offer and completion of para 12.4 requirements, the Offeror represents that, after conducting a reasonable inquiry (that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit)—(1) it will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract, or other contractual instrument resulting from this solicitation, except as waived by the solicitation or as disclosed IAW RFO 52.240-90(g); and (2) it does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services, except as waived by the solicitation or as disclosed IAW RFO 52.240-90(g).

12.3. Confirmation for Chinese-Made Vehicles. An offeror quoting a vehicle manufactured in the

People’s Republic of China shall provide the Contracting Officer with written, electronic confirmation that the vehicle quoted is not in violation of the prohibitions described per RFO

52.240-90(c).

12.4. To ensure compliance with security requirements outlined in para 12.2, each Offeror shall complete the representation required under R-DFARS 252.204-7016, Covered Defense

Telecommunications Equipment or Services—Representation (DEC 2019) or R-DFARS 252.204-

7017 Representation (If applicable to be considered responsive and eligible for award.

12.5. Definitions (IAW RFO 52.240-91(a)):

a. Covered foreign country means the People's Republic of China.

b. Covered telecommunications equipment or services means:

http://www.acquisition.gov/

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE

Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such…