ATT 1 Terms and Conditions Event Coordination Services.pdf

Attachment 1 8 February 2024

BLANKET PURCHASE AGREEMENT (BPA) TERMS, CONDITIONS, AND PROCEDURES

North Dakota Air National Guard (NDANG)

1400 32nd Ave. North, Fargo, ND

58102-1051

1.0 GENERAL.

1.1. Background. The 119th Wing (WG), North Dakota Air National Guard (NDANG), has reoccurring requirements for event coordination services for Chaplain and Family Readiness Programs. The NDANG intends to utilize unpriced Blanket Purchase Agreements as the primary contracting tool for the required program services to maintain continuity, auditable material control, and streamlined billing procedures for the contractors. The terms and conditions are set forth herein. Please note that the Federal Acquisition

Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) apply to this

Blanket Purchase Agreement (BPA), predominantly FAR Part 12, FAR 13.303, and DFARS 213.303.

1.2. Description of Agreement. The objective of this agreement is to provide event coordination and associated (authorized) services with the associated Performance Work Statement (PWS) for the NDANG members and their families for Chaplain and Family Readiness Programs while achieving the best terms, conditions, and pricing. This BPA provides for the issuance of firm-fixed-price (FFP) call orders.

Additionally, the NDANG seeks to streamline invoicing, billing, payment, ordering, and delivery processes while standardizing existing reporting and analytical methods for audit and asset management.

The invoicing and payment vehicle for the 119th Wing Event Coordination Services shall be Wide Area

Workflow (WAWF). Supplemental invoicing information shall be provided in any resultant BPA affiliated with these Terms and Conditions (DFARS Clause 252-232-7006-Wide Area Workflow Payment

Instructions).

2.0 AUTHORITY AND OBLIGATIONS.

2.1. Contracting Officer’s Authority. The NDANG Contracting Officer (KO) is the ONLY person authorized to direct changes in any of the requirements under this BPA, and notwithstanding any provisions contained elsewhere in this BPA, said authority remains solely with the KO. If the contractor effects any such unauthorized change at the direction of any person other than the KO, implementation of such change shall be considered made without authority and solely at the contractor's risk.

2.2. Contractor’s Authority. The contractor shall not accept any instructions issued by Government personnel other than those given by the KO or Authorized Users within the limit of his/her written authority. The contractor shall not in any way represent that he/she is a part of the U.S. Government or that he/she has any authority to contract or procure supplies under the account of the United States of

America or the NDANG.

2.3. Extent of Government NDANG Obligation. The Government is obligated under this BPA only to the extent of the authorized orders placed by a warranted KO and accepted by the contractor. This BPA will not obligate any funds.

2.4. Tax Exemption. The NDANG is tax-exempt from ND State, Municipal, or other taxes. Taxes shall not be included on any invoice. The ND State Tax-Exempt number is E-2001 (ND State Tax-Exempt certificate provided upon request).

3.0 BPA TERM, ORDERING, AND PRICING.

3.1. BPA TERM. The overall term of this BPA is 60 months, with five (5) ordering periods as follows:

Ordering Period 1: 1 June 2024 - 31 May 2025

Ordering Period 2: 1 June 2025 – 31 May 2026

Ordering Period 3: 1 June 2026 – 31 May 2027

Ordering Period 4: 1 June 2027 – 31 May 2028

Ordering Period 5: 1 June 2028 – 31 May 2029

3.2. BPA Total Value. The BPA total dollar value cap is $249,900.00.

3.3. Pricing. Pricing for all services purchased under this BPA shall be in accordance with the established rates or the contractor’s quoted price at the individual order level, whichever is less. To the best of its knowledge, the contractor warrants that the prices for all products and services obtained through this BPA are in line with or lower than the rates charged to its other customers for similar products and services in similar quantities, ensuring the most competitive pricing is offered. The contractor shall notify the KO of any changes pertaining to the terms and conditions of this BPA.

3.4. Call/Purchase Limitation. No Call Order under this BPA Agreement shall exceed the Simplified

Acquisition Procedure threshold (currently $249,900.00).

4.0 ORDERING PROCEDURES.

4.1. Call Order Procedures. This section outlines the process for requesting and placing call orders under this

BPA. A call order directs the contractor to perform specific work fulfilling a Government requirement.

Call orders issued under this BPA will not be synopsized. At the BPA order level, the Government will determine and indicate whether travel will be included in the fixed price or if it will be reimbursed at actual costs in accordance with the Federal Travel Regulations (FTR).

4.2. Requests for BPA Order Quote. This BPA will be unpriced. Therefore, individual calls will be competed among all BPA holders for specific requirements. The Government will issue requests for quotes (RFQs) of FFP Call Orders including technical specifications of the requirement, a corresponding Statement of

Requirements (SOR), and other necessary information. RFQs do not obligate the Government to cover expenses associated with submitting quotes, nor do they guarantee the issuance of call orders following these requests, ensuring no financial commitment on the part of the Government.

4.3. Preparation and Submission of BPA Order Quote. The contractor is required to prepare and submit quotes in response to RFQs within the specified number of calendar days from the date of the request. Call

Orders may be awarded without discussions. At a minimum, the contractor’s price quotes in response to

RFQs under this BPA shall include a detailed breakdown of the pricing, including any applicable discounts or price reductions from standard rates. Quotes should also display the savings obtained on the order for the individual items and the overall total. Acceptance of quotes may result in the issuance of orders subject to the terms and this BPA. The contractor shall not proceed with the fulfillment of orders until the respective KO has formally issued it.

5.0 TRAVEL AND FINANCIAL PROCEDURES.

5.1. Travel Procedures. At the BPA order level, the Government will determine and indicate whether travel will be included in the fixed price or if it will be reimbursed at actual costs in accordance with the Federal

Travel Regulation (FTR). If travel is not included in the fixed price of a BPA order, then the costs may be paid at actuals in accordance with FAR 31.205-46. Travel receipts shall be submitted to support actual travel charges.

5.2. Deposits/Upfront Costs. Requirements under this BPA may require BPA Call awardees to pay large deposits and costs upfront well before scheduled events. Interested BPA holders must be able to fund large deposits/upfront fees upon issuance of a funded BPA Call.

6.0 INSPECTION, ACCEPTANCE, AND PAYMENT.

6.1. Inspection and Acceptance. Inspection and acceptance of all work performed under the BPA and BPA orders will be conducted by the Government Representative and will be completed to ensure the contractor remains in compliance with the service requirements. When conducting inspection, the Government

Representative will review the services that are rendered to ensure that requirements are met in accordance with the BPA and BPA call order.

6.2. Payment. The only authorized method of payment shall be through Wide Area Workflow (WAWF).

Invoices shall be submitted via WAWF as an “Invoice 2-in-1.” The 2-in-1 is submitted as an "all or nothing" acceptance requirement. The Invoice 2-in-1 serves as both an invoice and a certificate of performance for services.

7.0 OPERATIONAL AND COMPLIANCE DETAILS.

7.1. Order of Precedence. All BPA call orders are subject to the terms and conditions of the BPA. In the event of a conflict between a BPA call order and the BPA, the BPA will take precedence unless otherwise stated in the order.

7.2. Individuals Authorized to Place Orders Against this BPA. All call orders under this BPA must be issued by a warranted 119th WG NDANG KO.

7.3. Interpretation of BPA and BPA Order Requirements. If the contractor finds clarification necessary with respect to the scope of the services to be performed or the products to be provided hereunder, the contractor shall request such clarification from the KO. No interpretation of any provision of this BPA or individual orders, including applicable specification, shall be binding on the Government unless furnished or agreed to in writing by the KO.

7.4. Non-Payment for Additional Work. Any additional services rendered, or products provided by the contractor, either at its own volition or at the request of an individual other than a duly appointed KO, except as may be explicitly authorized in the BPA call order, will be done at the financial risk of the contractor. Only a duly appointed KO is authorized to bind the Government to a change in the specifications, terms, or conditions of this BPA and associated BPA call orders. No work shall be performed, and no payment shall be made except as authorized by issuance of a BPA call order executed by a KO.

7.5. System for Award Management. In order to award a BPA to a contractor, and for the contractor to remain an eligible source of event coordination services for the Government, the contractor must first be registered in the System for Award Management website (https://www.sam.gov) and maintain their registration currency by renewing the registration annually.

8.0 MODIFICATIONS, CANCELLATIONS, AND ADMINISTRATIVE REQUIREMENTS.

8.1. Modifications and Cancellation. This BPA 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 the Government may cancel this

BPA at any time if the parties fail to agree upon any deletion, amendment, or addition to this BPA which statute, Executive order, the FAR and this Supplement require. No deletion, modification, addition to, or cancellation of the BPA shall affect any contracts entered into between the parties in which this BPA or portion thereof has been incorporated by reference.