ATTACH_Terms_and_Conditions_BPA.docx

Terms and Conditions BPA

BLANKET PURCHASE AGREEMENT (BPA)

Bottled Water, Tunisia

Index:

SECTION I - SCHEDULE OF SUPPLIES AND/OR SERVICES

1. DESCRIPTION OF THE AGREEMENT

a. The Vendor shall furnish Bottled Water as outlined in Attachment 1 – DLA BTW QA Requirements, and, Attachment 2 – Schedule of Items and Prices/Catalog to this agreement, if and when requested by the Government, from the effective date through the date of expiration, unless sooner withdrawn in writing by the Contracting Officer or the Contractor

b. All items delivered shall be produced, processed and prepared in accordance with the highest commercial standard practices, and shall conform to those products the contractor offers for resale in European/Commercial outlets and/or for export. The vendor shall provide only the products as indicated in Attachment 2 of this Agreement or its modifications.

2. BLANKET PURCHASE AGREEMENT

a. The Vendor's authorized official shall sign and date this Agreement at block 30a, b, and c of the SF Form 1449 and forward electronically to:

Ms. Luisa Riccio, Luisa.Riccio.ITA@dla.mil

b. The Contracting Officer will sign, date and return one (1) copy of the BPA to the Vendor. This Agreement does not become effective until signed by the Contracting Officer.

3. BOTTLED WATER REQUIREMENTS:

a. All bottled water delivered under this BPA shall comply with Attachment 1 - Quality Assurance Requirements for Bottled Water dated 01 February 2018.

b. All products offered will be produced, processed and prepared only in production plants listed in the Worldwide Directory Of Sanitarily Approved Food Establishments For Armed Forces Procurement (AR 40-657) at https://phc.amedd.army.mil/topics/foodwater/ca/Pages/DoDApprovedFoodSources.aspx.

The products offered will be supplied from the listed production plant located at (provide name and address):

c. Any change in product source will require approval from the U.S. Army Public Health Command (USAPHC) and a formal modification issued by the Contracting Officer.

SECTION II - AUTHORITY TO PLACE CALL

1. AUTHORIZED ORDERING ACTIVITIES

DLA Troop Support Europe & Africa, Contracting Officers and DLA Troop Support Europe & Africa, Padova, Subsistence Total Order and Receipt Electronic System (STORES) Ordering Officers are authorized to place calls for any items under this BPA.

2. EXTENT OF OBLIGATION

The Government is obligated under this Blanket Purchase Agreement only to the extent that authorized calls are actually placed. Only those items specifically listed in this Agreement are authorized for delivery. Only authorized personnel are authorized to order or accept products other than those listed in this Agreement. Delivery of unauthorized products shall be at the risk of and the sole responsibility of the supplier and may result in non-payment as well as cancellation of this agreement.

3. CALL LIMITATION

DLA Troop Support Europe & Africa, Contracting Officers may place calls for any items under this BPA up to the Simplified Acquisition Threshold of $250,000. An individual call placed by an authorized STORES Ordering Officer shall not exceed the current micro-purchase threshold of $10,000 without the written approval of the contracting officer for any item under this BPA.

4. CALL NUMBER/PIID

All calls/orders placed against this BPA shall be placed through the STORES ordering system, which initiates a FAX to the vendor. Fax Orders will indicate a PIID number (e.g.,SPE30318F2442), Blanket Purchase Order Number and Purchase Order Number.

SECTION III – ORDERING

1. ORDERING PROCEDURES AND LIMITATIONS

a. Ordering under this BPA shall be accomplished by a fax initiated through the STORES Ordering System generally ten (10) days prior to the required delivery date (RDD). List points of contacts (POCs):

b. Changes to or cancellation of orders shall be placed two (2) working days prior to required delivery date or soon as feasible.

c. The lead-time for orders placed on Monday through Friday before 12:00 hours Central European Time (CET) begins the date the order was placed. Orders placed after 12:00 hours CET shall count as orders placed on the next working day.

d. Orders may be placed on Saturdays and/or Sundays but will be considered as orders placed on the following Monday.

e. Orders will be sent via a computer generated fax (STORES Purchase Order). Orders will indicate a PIID number (ex. SPE30318F2442), BPA Number and Purchase Order Number (PON) ex. FT123490912211.

f. To facilitate the receipt and payment process, the information contained on the STORES Purchase order shall be mirrored to the sample Attachment 4 - Delivery Ticket (DT) and Invoice, or, Delivery Ticket Invoice (DTI). The information may be hand written. Please ensure that the information is correct and legible. Failure to include STORES order information on the vendor’s DT and Invoice or DTI will adversely affect the expeditious processing of payments.

2. RIGHT TO AWARD OTHER CONTRACTS AND ORDERS

The Government reserves the right to award contracts and orders to other companies for like supplies and/or services during the same performance period as this Blanket Purchase Agreement (BPA).

SECTION IV - PERFORMANCE AND DELIVERY

1. PERIOD OF PERFORMANCE

This Agreement shall remain in effect from the date of this BPA (Effective date) and shall last for a period of three (3) years from (to be determined), or unless terminated or cancelled in writing by the contracting officer or contractor. Termination or cancellation can be requested in writing with a notice of 30 days in advance by either party.

2. PLACE OF PERFORMANCE

All supplies and/or services required under this agreement shall be provided to the location specified in each individual call.

3. DELIVERY LOCATIONS/CUSTOMERS

U.S. Military Forces exercises in Tunisia and/or as indicated on each individual order, see Attachment 3.

4. ADDITIONAL DELIVERY LOCATIONS

a. The Government reserves the right to add delivery locations from the resultant BPA anywhere within the country of Tunisia, based on a mutual agreement followed by a formal modification to the contract.

b. The Government reserves the right to unilaterally remove delivery locations from the resultant agreement by the issuance of a formal modification.

5. DELIVERIES

a. All calls placed under this BPA shall be shipped complete unless mutual agreement of both parties.

b. All deliveries shall be made as indicated in the STORES generated fax call/order, subject to the limitations outlined in this Blanket Purchase Agreement.

c. Required delivery day will be specified on each STORES fax call/order.

d. All deliveries shall be palletized. Pallet return may not be allowable due to customer mission and schedules, therefore, pallets will become property of the U. S. Government at time of delivery. Pallets or plastic shipping containers are included in the unit price of the products. Receiving installations may return or exchange plastic shipping containers and pallets at the time of delivery.

d. Delivery trucks shall not arrive before 0800 hours and no later than 1700 hours, Monday through Friday, or outside of regular operating hours that the Government activity is open for business unless by prior agreement with local representatives. Deliveries will not be required US Holidays and local Holidays unless prior agreement of both parties.

e. Installation passes and/or port authority access may be required for deliveries and must be obtained, in coordination with local facilities personnel, prior to the delivery of the product. Government personnel can reject, at the installation gate and port access area, shipments for which drivers have inadequate identification to gain access. Government personnel may “sign-in” vehicles at the installation gate on an infrequent, emergency basis only. Installation access requirements may vary, however, it is the sole responsibility of the vendor to research and otherwise comply with the same.

Delivery of all items under this Agreement shall be F.O.B. destination and shall be shipped “All transportation costs prepaid”.

6. PACKAGING/MARKING

a. Cartons and/or boxes used for transportation shall be in such condition to protect the products against damage and deterioration, and will meet all carrier requirements to insure safe arrival at destination.

b. Packaging and packing will be in accordance with the highest commercial standard practices, and will conform to those products the contractor offers for resale in commercial outlets and/or for export.

d. Standard commercial markings for individual packages will be used to clearly mark and easily identify the nature of contents and the expiration date.

e. All marking shall be clear, legible, non-fading and durable.

f. For supplies which are improperly marked, coded, or packaged, the Contracting Officer shall have the option to reject such supplies under the provisions of the inspection clause FAR 52.212-4(a) – Contract Terms and Conditions-Commercial Items of this BPA.

7. TEST SAMPLES

U.S. Army Public Health Center (APHC) Personnel may take samples from delivered quantities at any time for the purpose of submission to the Commander, Vet Lab Europe, CMR 402, APO AE 09180. Testing will be performed I.A.W. requirements of AE 40-70, which is provided to the contractor upon veterinarian inspection.

8. LICENSES

The Supplier is responsible for obtaining any necessary export/import licenses including certificates for sanitation that may be required by the government of the country into which his supplies are being imported. The Contractor is also responsible for complying with all applicable laws relating to production, handling, shipping and importing/exporting of the supplies purchased.

9. ACCEPTANCE/REJECTION OF PRODUCTS

a. Authorized representatives of the Contracting Officer will be responsible for inspection, acceptance, and rejection of quantities delivered under this contract.

b. Rejection may occur for the following reasons:

1. Nonconformance to sanitary and/or medical standards

2. Nonconformance to terms and conditions listed in this contract

c. All or part of delivered quantity may be rejected depending on the criticality of the Nonconformance.

d. A price adjustment (PA) may be determined by the Contracting Officer, as consideration, for any or for all minor nonconforming products.

ONLY THE CONTRACTING OFFICER HAS THE AUTHORITY TO MAKE DECISIONS CONCERNING NONCRITICAL NONCONFORMANCE.

10. DELIVERY OF DELETED ITEMS

IF deleted products are delivered after the effective deletion date, no payments will be made regardless of an order placed prior to this date.

11. SUBSISTENCE REQUIREMENTS

All products offered will be produced, processed and prepared only in production plants listed in the Worldwide Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement. Any change in product source will require approval from the U.S. Army Public Health Center (USAPHC) and a formal modification issued by the Contracting Officer. See items that require listings (ex. mushrooms, bottled water, etc.) at http://phc.amedd.army.mil/TOPICS/FOODWATER/CA/Pages/DoDApprovedFoodSources.aspx

12. SANITARY CONDITIONS

(a) Food establishments.

(1) All establishments and distributors furnishing subsistence items under DLA Troop Support contracts are subject to sanitation approval and surveillance as deemed appropriate by the Military Medical Service or by other Federal agencies recognized by the Military Medical Service. The Government does not intend to make any award for, nor accept, any subsistence products manufactured, processed, or stored in a facility which fails to maintain acceptable levels of food safety and food defense, is operating under such unsanitary conditions as may lead to product contamination or adulteration constituting a health hazard, or which has not been listed in an appropriate Government directory as a sanitarily approved establishment when required. Accordingly, the supplier agrees that, except as indicated in paragraphs (2) and (3) below, products furnished as a result of this contract will originate only in establishments listed in the U.S. Army Public Health Center (USAPHC ) Circular 40-1, Worldwide Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement, (Worldwide Directory) (available at: http://phc.amedd.army.mil/topics/foodwater/ca/Pages/DoDApprovedFoodSources.aspx ). Compliance with the current edition of DoD Military Standard 3006A, Sanitation Requirements for Food Establishments, is mandatory for listing of establishments in the Worldwide Directory. Suppliers also agree to inform the Contracting Officer immediately upon notification that a facility is no longer sanitarily approved and/or removed from the Worldwide Directory and/or other Federal agency’s listing, as indicated in paragraph (2) below. Suppliers also agree to inform the Contracting Officer when sanitary approval is regained and listing is reinstated.

(2) Establishments furnishing the products listed below and appearing in the publications indicated need not be listed in the worldwide directory. Additional guidance on specific listing requirements for products/plants included in or exempt from listing is provided in Appendix A of the worldwide directory.

(3) Establishments exempt from Worldwide Directory listing. Refer to AR 40-657/NAVSUPINST 4355.4H/MCO P1010.31H, Veterinary/Medical Food Safety, Quality Assurance, and Laboratory Service, for a list of establishment types that may be exempt from Worldwide Directory listing. (AR 40-657 is available from National Technical Information Service, 5301 Shawnee Road, Alexandria, VA 22312 ; 1-888-584-8332 ; or download from web site: http://www.apd.army.mil/pdffiles/r40_657.pdf ) For the most current listing of exempt plants/products, see the Worldwide Directory (available at: http://phc.amedd.army.mil/topics/foodwater/ca/Pages/DoDApprovedFoodSources.aspx).

(4) Subsistence items other than those exempt from listing in the Worldwide Directory, bearing labels reading “Distributed By”, “Manufactured For”, etc., are not acceptable unless the source of manufacturing/processing is indicated on the label or on accompanying shipment documentation.

(5) When the Military Medical Service or other Federal agency acceptable to the Military Medical Service determines the levels of food safety and food defense of the establishment or its products have or may lead to product contamination or adulteration, the Contracting Officer will suspend the work until such conditions are remedied to the satisfaction of the appropriate inspection agency. Suspension of the work shall not extend the life of the contract, nor shall it be considered sufficient cause for the Contractor to request an extension of any delivery date. In the event the Contractor fails to correct such objectionable conditions within the time specified by the Contracting Officer, the Government shall have the right to terminate the contract in accordance with the “Default” clause of the contract.

(b) Delivery conveyances.

The supplies delivered under this contract shall be transported in delivery conveyances maintained to prevent tampering with and /or adulteration or contamination of the supplies, and if applicable, equipped to maintain a prescribed temperature. The delivery conveyances shall be subject to inspection by the government at all reasonable times and places. When the sanitary conditions of the delivery conveyance have led, or may lead to product contamination, adulteration, constitute a health hazard, or the delivery conveyance is not equipped to maintain prescribed temperatures, or the transport results in product ‘unfit for intended purpose’, supplies tendered for acceptance may be rejected without further inspection.

13. PERISHABLE FOODSTUFF TRANSPORTATION – DLA TROOP SUPPORT - SUBSISTENCE

The following will apply, if the supply is imported and transported in certain conditions by the vendor:

(a) The Contractor shall reimburse the government for all detention or other charges paid to carriers when containers, trucks, trailers or other transportation vehicles are not loaded and released to the carrier within the free time authorized by the carrier.

(b) Refrigerated seavan shipments. The Contractor shall load, brace, and block the products for shipment in refrigerated seavans. The Contractor warrants that the loading pattern specified and required for each load is correct, proper, and acceptable to the ocean carrier. Therefore, the Contractor will pay for the cost of restacking/rebuilding seavans if rejected by the ocean carrier. The Contractor will also pay for other charges related to restacking/reloading such as detention charges for trucks.

(c) Any conflicts in direction will be brought to the attention of the Contracting Officer.

14. SPECIAL INSPECTION REQUIREMENTS

a. Vans used for transportation will meet all carrier requirements to ensure safe and sanitary arrival of goods at destination.

b. The Government reserves the right to inspect and test all supplies (which include raw materials, intermediate assemblies and end products), plant facilities, machinery, equipment, and parts used in the production, processing, handling, storage, transportation, or delivery of supplies under this contract to the extent practicable at all times and places including slaughter and production and in any event prior to acceptance.

c. Final inspection and acceptance for all supplies tendered under the terms of this contract will be at destination. Destination inspection will be performed I.A.W. DSCPM 4155.6, subsection 218.1 (European Supplement).

15. SECURITY MEASURES/FORCE PROTECTION

a. The DLA TS E&A provides world-wide subsistence logistics support during peacetime as well as during regional conflicts, contingency operations, national emergencies, and natural disasters. At any time, the United States Government, its personnel, resources and interests may be the target of enemy aggression to include espionage, sabotage or terrorism. This increased risk requires DLA TS E&A to insure steps are taken to prevent the deliberate tampering and contamination of subsistence items.

b. The contractor shall ensure that products and packaging have not been tampered with or contaminated throughout the manufacturing, storage and delivery process. The contractor shall immediately inform DLA TS E&A of any attempt or suspected attempt by any party or parties, known or unknown, to tamper with or contaminate subsistence supplies.

The following security guidance is provided:

1. Make sure all boxes, bags, etc. are intact and demonstrate no evidence of tampering.

1. All incoming truck drivers should provide adequate identification upon request.

1. Visitors should also be properly identified and access limited to appropriate areas. Procedures for storing product should adequately control access to eliminate any possibility of product adulteration.

1. Review lighting and camera conditions at your facilities and consider whether fencing and locking devices are adequate.

1. Vehicle access doors will remain locked except during actual delivery to the customer.

1. Never leave open trucks unattended, and use seals when possible to designate loaded trailers.

1. Security seals shall be properly placed on delivery vehicles and registered/logged in per delivery.

1. Ensure employee background checks are up to date.

1. Ensure drivers have communication devices available in the event of an emergency and establish emergency phone numbers for them to use.

1. Firms should keep a low profile and share customer routes etc. on a need to know basis.

1. Review of overall organizational corporate security plans should be conducted and consider whether private security firms are needed to assess or reduce risk.

c. It is important to convey to all warehouse, office and fleet personnel that security should not be taken lightly and any suspected adulteration or evidence of product tampering must be reported immediately.

16. U.S. MILITARY INSTALLATION SUPPORT

a. Management:

The contractor shall ensure that all contractor employees, subcontractors, subcontractor's employees, invitees and agents comply with all guidance, instructions and general orders applicable to U.S. Armed Forces issued by the Theater Commander or his/her representative , as well as, all pertinent Department of the Army and Department of Defense directives, policies and procedures, as well as federal statutes, judicial interpretations and international agreements (i.e., Status of Forces Agreements ,Host Nation Support Agreements, etc.) applicable to U.S. Armed Forces. This will include any and all guidance and instructions issued based upon the need to ensure mission accomplishment, force protection and safety. Disputes will be resolved by the Contracting Officer. The contractor shall take reasonable steps to ensure the good conduct of its employees and shall at all times be responsible for the conduct of its employees and those of its subcontractors and invitees. The contractor shall promptly resolve, to the satisfaction of the contracting officer, all contractor employees performance and conduct problems identified by the cognizant contracting officer or his/her designated representative. The contracting officer may direct the contractor, at the contractor's expense, to remove or replace any contractor employee failing to adhere to instructions and general orders issued by the Theater Commander or his/her designated representative. The contractor will replace such employee within 72 hours or as may be directed by the Contracting Officer.

SECTION V - PRICING AND PAYMENT

1. PRICES

a. The proposed prices for the items required under this BPA are provided in Attachment 2 and will be included in the STORES ordering catalog following award. The proposed price shall be firm for one (1) year.

b. Unit price shall be inclusive of all operating expenses, such as and not limited to: labor, personnel, transportation to destination with appropriate vehicles, packaging and pallets (shrink wrapped), any loading and unloading, and all fees/charges. No separate fee.

2. PRICE CHANGES

a. Any item price variation shall require 45 days advance notice to all allow for administrative processing of the following:

3. Contractor Delivery Ticket (DT) or Delivery Ticket Invoice (DTI):

a. All shipments under this contract shall be accompanied by DT or DTI, which shall contain the following information see Attachment 4 – Sample Delivery Ticket and Invoice or DTI:

4. ELECTRONIC DATA INTERFACE (EDI) INVOICING PROCEDURES

a. The STORES/EBS Reconciliation (Recon) Tool web application is used to submit invoices electronically. The system can be found on the DLA Troop Support web page for subsistence at https://www.stores.dla.mil/stores_web

b. Follow system instructions by registering to obtain a User ID and Password.

c. Once registered, and access has been granted, the application will allow you to view on the website customer receipts/orders, for your contracts only. You can review the receipt/order, and, if in agreement, invoice number can be inserted. This receipt/order information is available for eight (8) weeks. The system will be updated daily from the receipt files.

d. Invoices submitted, will generate an EDI invoice, which will automatically be transmitted to the payment office DFAS, below.

e. Additional information or instructions on web invoicing can be requested from the DLA TS E&A, Naples contracting office or DLA TS E&A Padova office STORES ordering personnel.

f. If EDI invoicing cannot be accomplished, contact and/or submit complete invoices with signed delivery tickets to DLA Troop Support, Europe & Africa, Padova by e-mail or Fax +39 049-6988003 Tel: +39 049-760069 / 68.

Note: All efforts should be taken by the vendor to register and submit invoices electronically through the STORES web.

5. PAYMENTS

a. Payment of invoices will be issued by:

Defense Finance & Accounting Service – Columbus Center PO Box 182317 Columbus, Ohio 43218-2317 U.S.A

b. Payment will be made via Electronic Fund Transfer (EFT) as indicated by the vendor.

c. Payment Terms: Net 30 days