A3 - USACE LRN CAD BPA Terms and Conditions.pdf

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CAD Vectorization Services BPA - USACE LRN
Solicitation number
W912P526QACAD
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This document is a Blanket Purchase Agreement (BPA) Terms and Conditions for CAD Vectorization services established by the US Army Corps of Engineers (USACE) Nashville District. The BPA remains in effect for five years from the award date and establishes a master dollar ceiling of $300,000 shared capacity amongst all Master BPA holders, with individual call order limits not to exceed $20,000. Pricing must be as low as or lower than the contractor's most favored customer rates for like quantities, with annual evaluation and updates by mutual agreement between the contractor and Contracting Officer. Only Contracting Officers assigned to the USACE Nashville District are authorized to place calls exceeding $2,500.

The BPA call order process requires the Contracting Activity to issue a Request for Quote (RFQ) to each BPA holder when a requirement exceeding the micro-purchase threshold is identified within the BPA scope. Quoted prices may not exceed established BPA pricing but may be lower, and calls are evaluated on price only or price and other factors for best value. Contractors may invoice upon receipt of acceptable vectorized drawings, with payment for invoices over $2,500 made as described in the Performance Work Statement. The agreement may be cancelled or terminated by either party with thirty calendar days' written notice at no cost, though cancellation has no effect on uncompleted calls. The Government assumes no obligation to issue calls and is not liable for reimbursement of quote preparation costs.

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A3 - USACE LRN CAD BPA Terms and Conditions

TERMS AND CONDITIONS BLANKET

PURCHASE AGREEMENT (BPA)

1. DESCRIPTION OF WORK: This BPA is established for furnishing CAD Vectorization services as described in the Performance Work Statement (PWS).

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

3. PRICING: The Contractor certifies that the prices charged to the Government under this BPA shall be as low as or lower than those charged to the Contractor’s most favored customer for like quantities in addition to any discounts for prompt payment. The schedule of tests and pricing will be evaluated annually and updated as agreed upon by the Contractor and Contracting Officer.

4. DURATION: This Agreement shall remain in effect for a period of five (5) years from the award date.

5. CALL LIMITATION: No individual call under this agreement shall exceed $20,000.

6. MODIFICATION: This BPA may be modified only under its terms or conditions or by mutual agreement.

7. REVIEW: This Agreement shall be reviewed by the Contracting Activity at least annually before the anniversary of its effective date and revised as necessary to conform to the requirements of the Federal Acquisition Regulation and applicable supplements or to statutory requirements. Any change shall be effective only through written modification to this Agreement and not by individual Calls issued hereunder. Modifications to this Agreement shall have no retroactive effect on Calls previously issued.

8. INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE BPA:

Authorized Ordering Officials under this BPA.

The only individuals authorized to place Calls over $2,500.00 per this agreement are identified as follows: Any Contracting Officer assigned to the USACE Nashville District.

9. INVOICES: The Contractor may invoice USACE for work performed at the receipt of a vectorized drawing, after the drawing has been deemed acceptable. All submitted invoices shall be accurate and legible to ensure proper payment is made. Invoices that are not accurate or are illegible shall be rejected and a request for a resubmitted invoice shall be sent to the Contractor. Invoices shall be submitted to the email addresses stated on the Call Order Form, and to the Authorized Ordering Individual who placed the Call.

10. PAYMENT: Payment for invoices over $2,500 will be made as described within the PWS.

11. DELIVERY: Deliveries under this BPA and for issued Calls shall be sent to the designated location identified at time of call placement.

12. APPLICABILITY: The terms and conditions of this Agreement shall be applicable to all BPA Calls issued citing this document.

13. BINDING CONTRACT: Upon issuance of a BPA Call by an authorized individual, a binding contract shall be established between the Contractor and the Contracting Activity/Government. All vendors are cautioned that they are not to accept BPA Calls against the BPA from any individual that is not a Contracting Officer, Contract Specialist or, Purchasing Agent with the US Army Corps of Engineers, Nashville District.

14. NON-PAYMENT FOR QUOTES: The Government shall not be liable for reimbursement of any Contractor quotes preparation costs for this Request for Quote (RFQ), or any Call request issued for a BPA Call quote under this Agreement. The Government makes no promise to award a BPA Call. If funds do not become available, the Government will cancel the Call.

15. BPA CALL ORDER PROCESS: Upon identification of a requirement within the scope of this BPA that exceeds the micro-purchase threshold, the Contracting Activity shall send a RFQ to each BPA Holder(s) in order to compete the requirement. The RFQ will identify all requirement-specific information needed, quantities of BPA services required and identification of the turnaround times per the BPA. The BPA Holder(s) shall respond to the RFQ. The quoted price may not exceed the established BPA pricing, but it may be lower. The basis for award will be included in each RFQ. Calls may be evaluated on price only or price and other factors in order to obtain the best value for the Government.

16. CANCELLATIONS/TERMINATIONS: This Agreement may be cancelled/terminated in its entirety at no cost by either party. The party desiring to cancel/terminate this Agreement shall serve to the other party a written notice of such intent at least thirty (30) calendar days prior to the effective date of the cancellation/termination.

The parties agree that the cancellation shall have no effect on any Call not completed by the effective date of the cancellation/termination. The Contractor shall proceed diligently and complete such Calls under the terms and conditions of this Agreement.

BPA Master Dollar Ceiling: $300,000 – this is shared capacity amongst all Master BPA holders BPA Call Order Limit: $20,000 Period of Performance: 5 years from date of agreement award.

A3 - USACE LRN CAD BPA Terms and Conditions

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