4)_BPA-Terms_and_Conditions-SBIWTP-Security_Systems-Maintenance_&_Repair_Contract_(2019).doc

BLANKET PURCHASE AGREEMENT (BPA)

TERMS AND CONDITIONS

SECURITY EQUIPMENT MAINTENANCE, REPAIR, AND OR REPLACEMENT (SERVICE)

SOUTH BAY INTERNATIONAL WASTE WATER TREATEMENT PLANT

Pursuant to Federal Acquisition Regulation (FAR) 8.405-3, Blanket Purchase Agreements (BPAs), the Contractor agrees to the following terms of this BPA with the United States Section of the International Boundary and Water Commission (USIBWC).

1. SERVICES AVAILABLE UNDER THIS BPA: The purpose of this BPA is to provide security equipment maintenance, repair, and or replacement, services for USIBWC South Bay International Waste Water Treatment Plant.

2. NEGOTIATION AUTHORITY: The issuance of individual calls under this blanket purchase agreement will be made under the authority of 10 USC 2304 (g).

3. DESCRIPTION OF AGREEMENT: The BPAs shall be for a period of one (1) year with four (4) one-year option years to be exercised at the Government’s discretion.

The Contractor shall provide repair, replacement, and maintenance of security equipment if and when called for by the Contracting Officer (CO) or designated representative during the period specified on each individual Call order.

(a) This Agreement, including Paragraphs a and b hereof, may be modified or may be canceled in its entirety by either party upon thirty (30) days written notice to the other party, except that this Agreement may be canceled by the Government at any time if the parties fail to agree upon any deletion, amendment or addition to this Agreement which is required by statute, Executive order, the FAR and/or this Supplement. No deletion, modification, addition to, or cancellation of, this Agreement shall affect any contracts therefore entered into between the parties in which this Agreement or portion thereof has been incorporated by reference.

(b) This Agreement 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. This revision shall be evidenced by an agreement modifying this BPA or by the issuance of a superseding BPA.

4. STATEMENT OF WORK: A Statement of Work describing the general scope, nature, complexity and purpose of the services is attached.

5. PERIOD OF PERFORMANCE: The effective period of this agreement is from time of Award to September 30, 2019 with the option to renew annually unless sooner withdrawn in writing by the CO or the Contractor. This agreement includes four (4) one-year option years to be exercised at the Government’s discretion in accordance with FAR Clause 52.217-9.

Base Year:

Time of Award through September 30, 2019 1st Option Year:

October 1, 2019 through September 30, 2020 2nd Option Year:

October 1, 2020 through September 30, 2021 3rd Option Year:

October 1, 2021 through September 30, 2022 4th Option Year:

October 1, 2022 through September 30, 2023

6. CALLS:

a. BPA Calls (written orders) will be issued by the USIBWC, Acquisition Division.

b. The USIBWC anticipates the issuance of one BPA Call (written order) per Fiscal Year. The BPA Call shall cover the annual inspection and on an as needed basis the maintenance, repair, and/or replacement of security equipment over the fiscal year.

c. The Safety and Security Division (SSD) will be responsible for tracking and monitoring the services required under the BPA Call (written order).

d. After the BPA Call (written order) is established, the SSD will place telephone calls to the contractor, followed by an e-mail for the required services or repairs to be performed throughout the year.

e. The services requested shall not exceed the obligated amount of the BPA Call (written order).

7. ORDERING, EVALUATION, AND AWARD:

a. Ordering will be decentralized. The USIBWC, SSD is hereby designated as the authorized agency representative office with the authority to place calls.

b. All orders issued will be on a firm-fixed price basis.

c. Prices shall be in accordance with the approved price list as submitted by the contractor. Supplies offered on the price list are listed at fixed prices. Services offered on the price list are priced either at hourly rates, or at a fixed price for performance of a specific task.

d. Only those items on the price list can be ordered under the BPA

e. When the government requires services under this BPA, the SSD will place a call indicating the services to be performed.

f. Awards for each BPA call will be issued with a specific completion date or performance period. These calls may be placed via telephone or email.

8. OBLIGATION OF FUNDS: This BPA does not obligate any funds. Funds will be obligated by the issuance of a BPA Call (written order).

9. EXTENT OF OBLIGATION: The Government is obligated only to the extent of authorized Calls actually placed against this BPA and shall not be liable in any manner in the event no Calls are made.

10. INDIVIDUALS AUTHORIZED TO PLACE CALLS: Only the following USIBWC employees are hereby authorized to purchase services under this BPA:

1. Acquisition Division

2. Aaron Haynes, Chief, SSD

11. PRICING: The Contractor hereby warrants that the prices to the Government shall be as low as or lower than those charged to the Contractor’s most favored customer, in addition to any discounts for prompt payment. Upon request, the Contractor shall furnish the CO a quote for services he proposes to furnish under this Agreement. The quote must identify the BPA number, and must be for a specific period. Negotiation or solicitation for prices and additional requirements will be conducted by the CO only.

12. DELIVERY: Delivery shall be in accordance with the individual Calls and terms and conditions listed in the Statement of Work. Services will be accepted seven days a week, 24 hours a day. All deliveries under the agreement shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:

a. Name of supplier.

b. BPA number.

c. Date of purchase.

d. Purchase number.

e. Itemized list of supplies or services furnished.

f. 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).

g. Date of delivery or shipment.

13. AUTOMATIC CANCELLATION PROVISIONS: When the CO or designated representative has requested service call, but it is found that the services are no longer required, prompt notice to cancel the BPA call will be given to the contractor. All cancellations made will be without penalty, fee, or additional cost to the Government.

14. INVOICES: A summary invoice shall be submitted as calls are responded to 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. All invoices shall be submitted to the Financial and Accounting Division via e-mail to invoices@ibwc.gov. A copy shall be furnished to the CO and to the Contracting Officer’s Representative (COR).

15. PAYMENTS: Pursuant to paragraph 15, entitled “INVOICES”, payment will be made as required on all Calls placed by authorized personnel and completed by the Contractor during the given period. Payment will be made in local currency by electronic funds transfer.

16. TERMS AND CONDITIONS: The terms and conditions included in this BPA apply to all services 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. All disputes regarding individual Calls are to be referred to the CO.

17. INSPECTION: An inspection of services rendered will be conducted at the government’s discretion by the SSD. The Contractor will conduct an out-brief upon completion of the inspection. As part of the annual inspection the Contractor shall conduct applicable informal refresher Security System training, not including materials, for a limited number of personnel and managers as necessary. The refresher training will be four (4) hours and will accommodate at least five (5) IBWC personnel.

18. MODIFICATIONS:

a. Administration of this BPA to include BPA Calls will be performed by the USIBWC Acquisitions Division or by the designated personnel listed above.

b. Modification requests to this BPA shall be submitted to the USIBWC CO via email.

19. WITHDRAWAL OF AGREEMENT:

a. Withdrawal of this BPA may be effected by either party, giving the other party written notice of intent to withdraw, thirty (30) calendar days prior to the effective date of withdrawal.

b. The above will not relieve either party from performance or acceptance of those Calls which were issued and accepted prior to the effective date of withdrawal, unless otherwise agreed to by the parties herein.

20. TRAINING: Providing qualified and trained personnel to perform the required services IAW this BPA are the responsibility of the contractor. Resources to support training will also be provided by the contractor as required to maintain quality control over the services.

21. COMPLIANCE WITH STATE AND FEDERAL LAWS: The Contractor, his employees and his Subcontractors shall comply with all relevant laws and regulations of the United States, including Executive Orders of the President, Texas laws and regulations, and city ordinance.

22. CORRESPONDENCE: All correspondence shall be addressed to the COR, with a copy of all correspondence to the CO. Each letter shall include the name and number of the BPA call.