Attachment 1 - BPA Terms and Conditions.docx.pdf

Period of Performance DATES: 01 December 2021 – 30 November 2026

POC AT 379th ECONS: Katy Askerzada katy.askerzada@auab.afcent.af.mil

BPA TERMS AND CONDITIONS

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

2. DESCRIPTION OF AGREEMENT: This agreement is offered for the purchase of the services covered by the APPROVED

PRICE LIST, when and if called for by the Contracting Officer or his designated representative, during the delivery period specified.

The Contractor shall provide the service(s) as specified by the Performance Work Statement (PWS), dated 06

September 2021, during the period specified on cover page.

(a) This Agreement 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 US 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.

3. EXTENT OF OBLIGATION: The US Government is obligated only to the extent of authorized calls actually placed against this blanket purchase agreement and shall not be liable in any manner in the event no calls are made.

4. PRICING: The Contractor hereby warrants that the prices to the US 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. The Contractor will furnish the Contracting Officer a price list for items/services they propose to furnish under this Agreement. The listing must be identified with the BPA number, and must be for the entire period of this agreement, 01 December 2021

– 30 November 2026. Calls will be made for only the items that appear on the APPROVED PRICE LIST. Negotiation or solicitation for prices and additional requirements will be conducted by the Contracting Officer only.

5. PURCHASE (CALL) LIMITATION: No individual purchase (call) placed against this agreement shall exceed $100,000.00.

6. NOTICE OF INDIVIDUALS AUTHORIZED TO PLACE CALLS: Only Contracting Officers or representative identified in writing are authorized to place calls under this agreement. Those personnel will be furnished to the Contractor by a separate letter. Calls received by the Contractor from personnel not listed will not be honored.

7. DELIVERY TICKETS: All shipments or deliveries under this agreement will be accompanied by one Delivery Ticket or

Sales Slip which shall contain the following minimum information:

(1) Name of Supplier

(2) Blanket Purchase Agreement Number and Call Number

(3) Date of Purchase (Call).

(4) Itemized list of Supplies or Services Furnished.

(5) Quantity, Unit Price and Extension of each item less applicable discounts.

(6) Date of Delivery or Shipment

(7) Name of Individual Placing Call.

(8) Submit invoices to: (See Block 6, Page 1)

8. INVOICES: A summary invoice shall be submitted at least monthly or upon expiration of this Blanket Purchase

Agreement, 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 receipted copies of the delivery tickets. Invoices shall be submitted monthly per call.

Invoices:

Invoices must have a Contracting Officer’s signature and certification for payment. Your invoice must contain the following items as stated in FAR 52.212-4(g), Contract Terms and Conditions – Commercial Items. Failure to include these items in your invoice will result in rejection of invoice at the 379 ECPTS. Include the following on the invoice:

name and address of the Contractor invoice date and number contract number description, quantity, unit of measure, unit price and extended price of the items delivered shipping number and date of shipment, including bill of lading number of shipment if shipped on government Bill of Lading (please include fed ex, DHL, or any other type of tracking number as well) terms of any discount for prompt payment offered name and address of official to whom payment is to be sent name, title, and phone number of person to notify in the event of defective invoice taxpayer identification number (tin) electronic funds transfer (EFT) banking information or cash will be source of payment

Include the following banking information:

Bank: _____________________________

Account No: ________________________

Swift Code: ________________________

Remember that the government does not pay based on performance or partial deliveries unless otherwise stated by a

Contracting Officer.

9. CALLS: Calls (purchases) will be made by appointed individuals only. Contractor personnel receiving such calls verbally should assure themselves that sufficient information is obtained to prepare the delivery ticket as required by paragraph 7 of this Agreement. All oral calls will be formalized in writing by the government.

9a. CALLS OVER THE MICRO-PURCHASE THRESHOLD: The government reserves the right to utilize the procedures outlined in FAR 13.303-5(d) to compete calls over $30,000. If the Contracting Officer chooses to solicit quotations from other sources, the BPA holder will be afforded the right to reduce their agreed-upon pricing in order to remain competitive.

10. DELIVERIES: Delivery of services will be accepted 7 days a week, 24 hours a day as determined by the need of the

US Government.

11. RESPONSIBILITY: Only authorized government agent is to sign for equipment under this agreement.

12. AUTOMATIC CANCELLATION PROVISIONS: When the Contracting Officer or designated representative has requested a service(s) and it is found that services are no longer required, a 24 hour notice will relieve the US

Government from incurring any costs and the reservation is automatically canceled, without penalty.

13. DESIGNATED REPRESENTATIVE: The person(s) designated on the list furnished by the Contracting Officer (see paragraph 6 of this agreement) is/are the representative(s) of the Contracting officer for the purpose of technical supervision, inspection and acceptance under this Blanket Purchase Agreement.

14. INSPECTION: An inspection of any and all services received under this agreement will be conducted prior to acceptance.

15. EFFECTIVE PERIOD: The effective period of this agreement is 01 December 2021 through 30 November 2026 unless sooner withdrawn in writing by the Contracting Officer or the Contractor. Any withdrawal will require a minimum of thirty (30) days written notice to either party addressed herein. The total value of all calls places against this agreement cannot exceed $700,000.00 USD. The agreement will also result in termination if the total value of all calls placed against the agreement equals $700,000.00 prior to stated expiration date of 30 November 2026.

16. OFFICE RESPONSIBLE FOR ADMINISTRATION OF THE BLANKET PURCHASE AGREEMENT: All correspondence or information pertaining to this BPA shall be addressed to:

Deployed Contracting Office: 379 ECONS/PKC

City, State, ZIP: APO AE 09309

COM Number: 455-4564

17. WITHDRAWAL OF AGREEMENT:

a. Withdrawal of this BPA may be affected by either party, giving the other party written notice of intent to withdraw thirty (30) 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.

18. ALL RESTRICTIONS: No calls shall be placed by the government or accepted by the Contractor under this agreement before 01 December 2021. In addition, no calls will be placed or accepted where the delivery cannot be accomplished on or before 30 November 2026.

19. CONTRACT ACCEPTANCE: The government requires that in order for this agreement to be a binding agreement between the United States Air Force and the contractor stated in block 17a; the Contractor must sign in blocks 30a, 30b, & 30c. The Contractor is required to submit the contract back to the Contracting Officer via email.

20. UNSATISFACTORY PERFORMANCE: All Contractors are expected to meet the contract requirements IAW with the contract terms and conditions. If you feel you are unable to meet the timelines specified in the period of performance, contact your Contracting Officer. If your performance goes beyond the time specified in the period of performance or is unsatisfactory in workmanship, consideration towards the government may be requested by the Contracting Officer.

21. CONTRACTING OFFICER: Air Force Contracting Officers are an agent of the government and are the only officials authorized to enter into any contract or agreement that binds the Air Force. The Contracting Officer has the authority to negotiate, terminate the contract and/or make related determinations and findings. If you are asked to perform additional work or make changes not specified by the Contracting Officer, do not perform the work, but notify the

Contracting Officer. Once the Contractor has received a valid contract from a Contracting Officer, all correspondence, questions or concerns should be addressed to the Contracting Officer. Contractors should not conduct any type of business through any United States Government official; unless expressly written by the Contracting Officer.