ATTACHMENT 01_BPA Terms and Conditions.doc.pdf

ATTACHMENT 01

Portable Latrines, Hand washing stations and Grey water containment

W912L223R0004

9 pages

12 May 2023

Arizona Army National Guard USPFO for Arizona

BPA Terms and Conditions

USPFO AZ | BPA Terms and Conditions The following document is prepared for

Blanket Purchase Agreement 12 May 2023

(1) DESCRIPTION OF AGREEMENT:

This agreement is for Portable Latrines, Hand washing stations and Gray water containment for the Arizona National Guard (AZNG). Rental and service of portable chemically treated toilets (latrines/latrine units) for the disposal of human waste, in accordance with specifications, terms and conditions set forth herein. Rental of toilets and hand washing stations under this contract shall include delivery, set-up for operations, periodic service, and subsequent removal from premises. Contractor shall provide all necessary transportation, labor, equipment, supplies, and incidentals in the performance of this contract.

Refer to ATTACHMENT 02 _ Performance Work Statement (PWS) Dated 12 May

20 pages

(2) EXTENT OF OBLIGATION:

A. PERIOD OF PERFORMANCE

a. This Agreement shall not exceed a duration 5 Calendar Years

B. BPA CEILING

b. Total calls under this Agreement shall not exceed $250,000.00

(3) PURCHASE LIMITATION:

A. Purchase Limitations: In no event shall an individual call be in excess of

$50,000.00 The collective total dollar limit for this BPA listed above is not to exceed $250,000.00 over the BPA five (5) year duration.

(4) INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE BPA:

A. Only the following personnel are authorized to place orders, and/or make changes under this Blanket Purchase Agreement (BPA):

a. Warranted Contracting Officers assigned to the Arizona Army

National Guard, USPFO, Purchasing & Contracting Office

b. Warranted Contracting Officers assigned to the Arizona Air

National Guard, 161st Air Refueling Wing (ARW), Contracting

Office

c. Warranted Contracting Officers assigned to the Arizona Air

National Guard, 162st Fighter Wing (FW), Contracting Office

B. Orders will only be placed through written correspondence email, and signed

Form 1155 contract action from authorized personnel listed above in paragraph (4)A.

C. Orders under this BPA will only be placed by those positions specifically listed in the Blanket Purchase Agreement. Changes to this list of “Individuals

Authorized to Purchase under the BPA” will only be authorized via SF 30

Bilateral Contract Modification, signed by both an authorized representative from the vendor, and Warranted Contracting Officer.

D. The process for which orders will be placed against this BPA are as follows:

1) Contractor will be provided with a written list of the type and quantity of tests needed by the Government. The Government will contact the contractor’s courier service to pick up specimen(s) to be evaluated.

The contractor will then process the specimen(s) and then send the results to the Government within the time designated within the statement of work.

i. This is not a request for quote, or invitation for negotiation as prices are already established as part of the Master BPA

Agreement.

ii. This advanced notification is to ensure the contractor can perform at the time and date needed if the Government were to issue a BPA Call.

iii. THIS FORM IS NOT AN OFFICIAL NOTIFICATION TO

BEGIN WORK.

2) The vendor’s designated representative (generally the CM), will sign and return the form as official confirmation that the vendor can perform on the requirement if requested. Contractor is expected to respond to this notification in writing if declining to perform.

3) Only once confirmation is received, and a written BPA Call is issued by a Warranted Contracting Officer, the vendor may begin performance on the BPA Call. (Due to last minute funding and system issues, this may possibly be issued as little as 1 day prior to required performance)

E. No conditions for buying other than as specified herein, or as may be mutually agreed to for a specific order, shall be applicable to purchases made under these arrangements. These arrangements are effectively immediately and will remain in effect until cancelled by the Government or the Contractor.

(5) DELIVERY TICKETS:

A. Requirements under the agreement shall contain the following minimum information

i. Contractor Name.

ii. BPA number.

iii. Date of purchase.

iv. BPA Call Number.

v. Itemized list of tests

vi. Quantity

vii. Unit price

(6) INVOICES:

A. Invoices and Payment information will be included with each individual BPA call under DFARS Wide Area Workflow Clause 252.232-7006. The following clause shall be inserted into each BPA call under this agreement, and required information will be filled in when issued. Payment issues should be reported directly to the

Contracting Officer and/or managing Contract Administrator named by Contracting

Officer.

B. PAYMENTS WILL ONLY BE MADE VIA WIDE AREA WORKFLOW

(WAWF). INVOICES SUBMITTED VIA ALTERNATE MEANS WILL NOT

BE HONORED FOR PAYMENT. Please refer to DFARS CLAUSE 252.232-7006 for further details and instructions in each call.

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition

Regulation Supplement (DFARS) 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award

Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF

Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the

Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR)

52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data

Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* (FILLED IN WITH EACH BPA CALL)

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC

Issue By DoDAAC

Admin DoDAAC**

Inspect By DoDAAC

Ship To Code

Ship From Code

Mark For Code

Service Approver (DoDAAC)

Service Acceptor (DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”)

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and

Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

(7) OTHER APPLICABLE CLAUSES:

A. The following Federal Acquisition Regulation (FAR) and Defense Federal

Acquisition Regulation Supplement (DFARS) provisions and clauses are applicable to this solicitation. Please note, with the exception of price list, and invoicing, in the event that any terms or conditions listed herein should conflict with those clauses and provisions already incorporated within the

GSA issued master agreements, those listed within the GSA master agreements will take precedence, and shall be brought immediately to

Contracting Officer’s attention for resolution.

PROVISIONS

52.252-1 Solicitation Provisions Incorporated by Reference.

As prescribed in 52.107(a), insert the following provision:

Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available.

The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer.

In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/dfars https://www.acquisition.gov/afars

(End of provision)

52.204-16 Commercial and Government Entity Code Reporting.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

52.204-26 Covered Telecommunications Equipment or Services- Representation.

52.212-1 Instructions to Offerors-Commercial Items.

CONTACT INFORMATION FOR PAYMENT ISSUES:

Contracting Officer: vasile.insuratelu.mil@army.mil

Contracting Group Email Address: ng.az.azarng.list.az-purchasing-and-contracting@army.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause) http://www.acquisition.gov/browse/index/far http://www.acquisition.gov/dfars http://www.acquisition.gov/afars mailto:vasile.insuratelu.mil@army.mil mailto:ng.az.azarng.list.az-purchasing-and-contracting@army.mil

52.212-3 Offeror Representations and Certifications-

Commercial Items.

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

CLAUSES

52.252-2 Clauses Incorporated by Reference.

As prescribed in 52.107(b), insert the following clause:

Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/dfars https://www.acquisition.gov/afars

(End of clause)

52.252-6 Authorized Deviations in Clauses.

As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation.

Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert

“(DEVIATION)” after the date of the clause.

Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition

Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition

Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of clause)

52.203-3 Gratuities.

52.203-12 Limitation on Payments To Influence Certain Federal

Transactions

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper.

52.204-9 Personal Identity Verification of Contractor Personnel.

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

52.204-18 Commercial and Government Entity Code

Maintenance.

http://www.acquisition.gov/browse/index/far http://www.acquisition.gov/dfars http://www.acquisition.gov/afars

52.204-19 Incorporation by Reference of Representations and

Certifications.

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

52.204-25 Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or

Equipment.

52.212-4 Contract Terms and Conditions-Commercial Items.

52.212-5 Contract Terms and Conditions Required to Implement

Statutes or Executive Orders-Commercial Items.

52.222-14 Disputes Concerning Labor Standards

52.222-50 Combating Trafficking in Persons

52.232-18 Availability of Funds

52.232-39 Unenforceability of Unauthorized Obligations

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

52.233-3 Protest After Award

52.242-13 Bankruptcy

52.243-1 Changes--Fixed Price

52.243-1 Alt 1 Changes--Fixed Price (Aug 1987) - Alternate I

52.246-4 Inspection of Services--Fixed Price

252.201-7000 Contracting Officer's Representative

252.203-7000 Requirements Relating to Compensation of Former

DoD Officials

252.203-7002 Requirement to Inform Employees of Whistleblower Rights

252.203-7003 Agency Office of the Inspector General

252.204-7003 Control Of Government Personnel Work Product

252.204-7004 Antiterrorism Awareness Training for Contractors

252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

252.204-7015 Notice of Authorized Disclosure of Information for

Litigation Support

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

252.204-7020 NIST SP 800-171 DoD Assessment Requirements

252.204-7022 Expediting Contract Closeout

252.204-7023 Reporting Requirements for Contracted Services.

252.205-7000 Provision of Information To Cooperative Agreement

Holders

252.209-7004 Subcontracting with Firms That Are Owned or

Controlled By The Government of a Country that is a

State Sponsor of Terrorism

252.223-7006 Prohibition on Storage, Treatment, and Disposal of

Toxic or Hazardous Materials

252.223-7008 Prohibition of Hexavalent Chromium

252.223-7999(Dev) Ensuring Adequate COVID-19 Safety Protocols for

Federal Contractors (Deviation 2021-O0009)

252.225-7012 Preference For Certain Domestic Commodities

252.225-7048 Export-Controlled Items

252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small

Business Concerns

252.232-7003 Electronic Submission of Payment Requests and

Receiving Reports

252.232-7006 WIDE AREA WORKFLOW PAYMENT

INSTRUCTIONS (DEC 2018)

252.232-7010 Levies on Contract Payments

252.232-7017 Accelerating Payments to Small Business

Subcontractors-- Prohibition on Fees and

Consideration

252.237-7010 Prohibition on Interrogation of Detainees by

Contractor Personnel

252.243-7001 Pricing Of Contract Modifications

252.243-7002 Requests for Equitable Adjustment

252.244-7000 Subcontracts for Commercial Items

(8) PRICE LIST:

A. As outlined under FAR 13.303-6 Review Procedures, Contracting Officers shall ensure that BPAs are reviewed at least annually, and to update the agreement as necessary when changes in market conditions, sources of supply, or other factors may warrant changes to the agreement.

B. The pricing submitted in response to this solicitation will be utilized for evaluation and inclusion of any resulting established agreements:

Refer to ATTACHMENT 03 _ Submission Instructions

Dated 1 June 2023

3 pages