Attachment 1 - BPA Terms and Conditions - W564KV25RNTV1.pdf

BLANKET PURCHASE AGREEMENT (BPA)

TERMS AND CONDITIONS

W564KV-25-R-NTV1

(CENTRALIZED)

409th Contracting Support Brigade (CSB)

Non-Tactical Vehicles Services

1. PURPOSE: The purpose of this Blanket Purchase Agreement (BPA) Terms and Conditions is to assist the 409th CSB and other mission partners within the Europe Command (EUCOM) Area of Responsibility (AOR) in the preparation of all documentation required when ordering non-tactical vehicles services against the BPAs described in this document.

These agreements will be for recurring orders for Non-Tactical Vehicles (NTV) rental services. The ordering period will begin on the date the agreements are established and end on 31 July 2027. Each BPA will have an Overall Value Limit of $49,999,999.99 million.

Note: The terms “Call”, “Order”, “Call Order”, and “Purchase” are used interchangeably under this set of BPAs and refer to individual purchases made under the BPA pursuant to FAR Part 13.303-5.

The BPAs are established in accordance with Federal Acquisition Regulation (FAR)

Part 13.303. Per FAR 13.303-1(a), a BPA is a simplified method of filling anticipated repetitive needs for supplies or services by establishing “charge accounts” with qualified sources of supply.

After initial establishment of the BPAs, the Government reserves the right to award additional agreements during the ordering period if more qualified Contractors are identified, required, or enter the market. The BPA will be unpriced. However, the Government, reserves the right to use a priced or unpriced structure for the NTV(s) during the ordering period of the established BPA. This priced or unpriced structure may be adjusted during the ordering period of the BPA by adding and/or removing NTVs from any pre-priced list, which may be established at a later date with some or all of the BPA holders. The authority to changes will be based upon mutual agreement of the parties.

2. DESCRIPTION OF AGREEMENT: The 409th CSB is responsible for administering the agreements and maintaining detailed logs of all information for each call placed against the BPAs. If and when an Order is placed by the Contracting Officer (or the authorized representative of the Contracting Officer), orally or in writing only, during the ordering period of the BPA, the Offeror shall furnish the services described within the master BPA Terms and Conditions, Attachment 1 – BPA Terms & Conditions, and Attachment 2 – Performance Work Statement, as well as the Terms and Conditions specified in the Order.

2.1 A BPA is not a contract; it is a written instrument of understanding, between an agency or contracting activity and a contractor that fills repetitive needs for supplies or services and contains contract clauses applying to future orders between the parties during its term. Specifics not in the BPA must appear in the Call Order. The Call Order is the contract designating the specifics of the procurement and binds the Government to the procurement. Examples of important information are the identification of the Client (e.g. authorized caller or Client), type of vehicles offered from the BPA and delivery specifications.

The BPA will be reviewed annually and may be cancelled at any time within the ordering period should the Contracting Officer or Contractor determine that this is necessary. During this review the agreement may be revised as necessary to conform to changes in regulations, policies, or as determined necessary by either party.

However, any changes to the Agreement take effect only upon mutual agreement of the parties. Agreements may need to be revised before the scheduled review due to mandatory statutory requirements. An agreement may be changed only by modifying the agreement itself and not by an order placed through the agreement. Changes and modifications will be completed using the SF 30, Amendment of Solicitation/Modification of contract.

BPA Holders must agree to register in the System for Award Management

(www.sam.gov) and maintain this registry throughout the tenure of this agreement.

The 409th CSB developed the BPAs to standardize and streamline the acquisition of

NTV rental services. Ordering is centralized but the U.S. Government has the right to include additional “authorized callers” via a modification to the agreement. The BPA offers an efficient means to quickly award Call Orders, while reducing the time and saving costs for U.S. Government.

Note: Contracting Officers must be trained and appointed within the 409th CSB to place calls against the BPA.

2.2 Pricing. Prices to the government shall be as low or lower than those charged to the Offerors’ most favored customers for comparable services under similar terms and conditions, in addition to any discounts for prompt payment. Pricing will be established at the Call Order level, and reasonableness will be determined on a per call basis.

2.3 Extent of Obligation. This BPA is not a contract and does not obligate funds.

Authorized Contracting Officer from the 409th CSB, will issue a Call Order for a particular requirement to establish the contract between the Contractor and the Government. The Government will be obligated only to the extent of authorized orders under this agreement. Each requirement for unpriced NTVs will be competed among the Contractors with whom a BPA has been established. If additional competition is necessary, a Request for Offers (RFO) will be sent to Contractors outside of the BPA as required by the FAR at 13.303-5(d)(1). The Government does not guarantee any future orders will be made nor is it required to use this agreement for the purchase of services identified in this agreement.

2.4 Clauses. All orders shall reference this BPA number and all orders placed under the BPA are subject to the terms and conditions of this agreement, and as such all provisions and clauses included in this BPA are applicable to each order.

3. PURCHASE LIMITATIONS: The Overall Value Limit on the BPAs shall be for

$49,999,999.99. The maximum limit of individual BPA Call Order will be set in accordance with FAR 13.500, currently set at $7.5M ($15M for contingency requirements).

4. INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE BPA:

4.1 Orders may be placed by authorized Contracting Officers within the 409th CSB.

Any purchase/request made by Government personnel acting without authority will constitute an unauthorized commitment and the Contractor will risk non-payment from the Government.

4.2 Authorized Callers. All warranted Contracting Officers at the 409th CSB. If an

Authorized Caller list is added, they may not re-delegate their authority. Access to the BPA will be provided to all authorized callers or as authorized by 409th CSB.

5. DELIVERY TICKETS: All services under this agreement shall be accompanied by delivery ticket that shall contain at least the following minimum information:

a. Contractor Name.

b. Blanket Purchase Agreement (BPA) Number.

c. Date of Purchase.

d. BPA Call Order Number.

e. Quantity, unit price, less applicable discounts.

f. Date of delivery or acceptance.

NOTE: BPA Call Orders will include a delivery location with each line item for the

NTV services. However, due to a system glitch in our contract writing system, the actual location will be specified in the “NTV Rental Ordering Form.” All vehicle delivery shall be FOB Destination.

6. INVOICES: In accordance with FAR Part 13.303-3(a)(6)(ii), an itemized invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period and for which payment has not been received. These invoices need not be supported by copies of delivery tickets.

The Contractor will submit invoices via Wide Area Work Flow. Payment(s) shall be made through DFAS and Wide Area Work Flow (WAWF). At a later date and time, the use of payment via a Government Purchase Card may be added to the BPA as a form of payment.

See DFARS Clause 252.232-7006 for all information necessary to submit invoices properly.

In accordance with FAR 52.212-4 Alt.1, the Contractors shall invoice for T&M Other

Direct Costs, if applicable, in accordance with the PWS of this BPA. T&M – Other Direct Cost Line Items shall be invoiced separately from the FFP line items.

7. CANCELLATION: This Agreement will remain in place until 31 July 2027. A BPA may be cancelled unilaterally in its entirety at no cost to either party. The party desiring to cancel the 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. The parties agree that the cancellation shall have no effect on any calls not completed by the effective date of the cancellation. The Contractor shall complete such calls under the terms and conditions of this Agreement, its Attachments, and the terms and conditions of that pending call order.