Attachment 10 - Master BPA Agreement.pdf

BPA No. TBD — Page 1 of 5

BLANKET PURCHASE AGREEMENT (BPA)

Portable Toilet Leases

Established under RFO Part 12 — Simplified Procedures, 12.201-1(e)(3) 36th Contracting Squadron (36 CONS), Andersen AFB, Guam

BPA Number Awardee (Company Name) UEI / CAGE Code Awardee Address Awardee POC / Phone / Email Issuing Office 36th Contracting Squadron, Andersen AFB, Guam Effective Date Expiration Date (≤ 5 years) Associated Solicitation No.

NAICS / Size Standard

Article 1 — Purpose and Authority This Blanket Purchase Agreement (BPA) is established under the simplified procedures for commercial products and commercial services at Revolutionary FAR Overhaul (RFO) 12.201- 1(e)(3) to fill anticipated repetitive needs for the lease of portable toilets and related accessories, including delivery, placement, service, and removal, at Andersen AFB, Guam. This BPA is not intended for and will not be used to support construction services; its use is strictly limited to the supplies and services detailed in the Statement of Work.

This BPA is one of multiple agreements established for these supplies to provide maximum practicable competition (RFO 12.201-1(e)(3)(i)(A)). The terms and conditions herein apply to all call orders placed against this BPA.

Article 2 — General Description of Supplies and Services The Awardee shall furnish, if and when requested by authorized individuals during the period of this BPA, the leased portable toilets and related items described in the Statement of Work (Attachment 1) and the Schedule of Items (Attachment 2). The Awardee may furnish some or all menu items; the specific items, quantities, configuration, and duration for any requirement are stated in the individual call order.

Article 3 — Extent of Obligation This BPA does not obligate any funds. The Government is obligated only to the extent of authorized purchases actually made under this BPA through individual call orders. The Government is not required to place any minimum number of orders or any minimum dollar value of orders.

BPA No. TBD — Page 2 of 5

Article 4 — Dollar Limitations Per-call limit. The dollar limitation for each individual call order placed under this BPA shall not exceed $350,000. This amount does not exceed the threshold for use of simplified procedures (RFO 12.201-1(a)).

Awardee ceiling. TBD upon award Aggregate limit. The total estimated value of all call orders placed under all BPAs awarded under this solicitation shall not exceed $3,000,000 over the period of the agreement.

Requirements shall not be divided merely to permit use of this BPA or to circumvent the per-call limit or applicable competition requirements (RFO 12.001(d)).

Article 5 — Authorized Ordering Officials Only the individuals listed in Attachment 3 (Authorized Ordering Officials) are authorized to place call orders under this BPA, within the limits stated in their appointment. The Contracting Officer may update Attachment 3 in writing at any time. The Awardee shall not honor an order from any individual not listed.

Article 6 — Ordering Procedures and Competition For each requirement over the micro-purchase threshold, the Government will seek competition among BPA holders, consistent with RFO 12.201-1(e)(3)(ii) and (iii). The Government will request quotes from BPA holders for the specific requirement and select the order that represents the best value, comparing each holder’s lowest realistic total for the required duration (daily, weekly, monthly, or annual rate as applicable) plus any one-time charges for delivery, placement, and removal and any ordered accessories or additional servicing.

If, for a particular requirement, there is an insufficient number of BPAs to ensure maximum practicable competition, the Contracting Officer will solicit quotations from other sources (RFO 12.201-1(e)(3)(ii)). The existence of this BPA does not justify soliciting from only one source or avoiding small business set-asides; RFO 12.102 and 12.103 apply to each order.

Each call order will be issued on an SF 1449, DD 1155, or OF 347 and will incorporate this BPA by reference.

Article 7 — Delivery and Shipment Documentation Each delivery under a call order shall be accompanied by documentation that includes, at minimum:

• BPA number and call order number;

• Awardee name and point of contact;

• Itemized description of unit(s) and accessories delivered, with quantities;

• Delivery location, date, and receiving official;

• Lease start date and scheduled removal date.

The receiving official will acknowledge receipt and note any visible discrepancies on the delivery documentation at the time of delivery.

BPA No. TBD — Page 3 of 5

Article 8 — Invoicing Instructions The Awardee shall submit invoices electronically through the designated invoicing system (e.g., Wide Area Workflow/PIEE) unless otherwise directed in the call order. Each invoice shall reference the BPA number and the specific call order number and shall itemize charges consistent with the Schedule of Items (Attachment 2).

Billing frequency. Invoices may be submitted in arrears as specified in the call order. Payment terms are governed by the clause at RFO 52.212-4 and applicable prompt payment requirements.

Article 9 — Period of the Agreement This BPA is effective from the signed award date, not to exceed five (5) years. The Contracting Officer will review this BPA at least annually to ensure authorized procedures are followed and that the agreement continues to represent the best value to the Government IAW RFO 12.201- 1(e)(3)(v).

Article 10 — Pricing The Awardee’s pricing is set forth in the Schedule of Items (Attachment 2). Prices apply to call orders for the duration of the BPA unless modified in writing by mutual agreement. For each order, the Contracting Officer will determine price fair and reasonable, based whenever possible on competition among BPA holders IAW RFO 12.204(a).

Article 11 — Clauses Applicable to Purchases Under the BPA The clause at RFO 52.212-4, Terms and Conditions — Commercial Products and Commercial Services, applies to this BPA and to all call orders. The provisions and clauses identified in Attachment 6 – Provisions and Clauses apply as prescribed under RFO 12.205 and other Department of War supplementary regulations. Clauses incorporated by reference have the same force and effect as if set forth in full text; full text is available at www.acquisition.gov.

Article 12 — Cancellation and Termination The Government may withdraw, amend, or cancel a BPA call before the Awardee accepts it (RFO 12.303). Individual orders, once accepted, may be terminated for cause or for the Government’s convenience under the termination paragraphs of RFO 52.212-4 and the procedures at RFO 12.304.

Either party may cancel the master agreement by written notice; cancellation of the master agreement does not affect BPA calls already placed and accepted.

Article 13 — Administration and Points of Contact The Contracting Officer (CO) is the only individual authorized to establish, modify, or cancel this BPA. A Government point of contact (POC) or ordering official designated in a call order administers that order. Contact information:

Contracting Officer Nathaniel Entilla CO Phone / Email 671-366-4941 http://www.acquisition.gov/

BPA No. TBD — Page 4 of 5

Government POC (if assigned) TBD per BPA Call

Article 14 — On and Off Ramping

On-Ramping The Government intends to keep this multiple-award BPA open to additional qualified sources during its period in order to maintain maximum practicable competition. The Contracting Officer may add new holders periodically, at the Contracting Officer’s discretion, generally in conjunction with the annual review under Article 9.

New sources will be evaluated against the same terms, conditions, and Schedule of Items applicable to the original awardees, and an added holder executes the identical BPA. Adding a holder does not modify, disturb, or recompete the BPAs of existing holders, and does not affect orders already placed. The associated solicitation will remain available, or be periodically re-advertised, so that new or expanding vendors may submit quotes for consideration.

Off-Ramping Removal of a holder (off-ramp). The Government may remove a holder from the multiple-award pool by cancelling its BPA upon written notice. Removal does not require a termination for cause and does not, by itself, affect orders already placed and accepted; such orders continue under their own terms or separately addressed under RFO 12.304. Grounds for removal include, but are not limited to:

• Unsatisfactory Performance. Repeated or material failure to meet the responsiveness, delivery, condition, or service standards of the Statement of Work, including late or non-delivery, delivery of nonconforming units, or failure to respond within required timeframes.

• Inactivity. The holder has received no orders, or has declined or been unable to fill requirements, over an extended period such that the agreement no longer serves a useful purpose; or the holder fails to respond to Government requests for quotes on multiple occasions.

• Loss of eligibility or ability to do business. Lapse or termination of active SAM registration; suspension, debarment, or proposed debarment; loss of required licenses, insurance, or business status; assignment for the benefit of creditors, insolvency, or cessation of business operations; or any other condition that prevents the holder from lawfully performing.

• Holder request. The holder requests removal in writing.

• Government convenience. The Contracting Officer determines that removal is in the government’s interest, consistent with the terms of this BPA.

The Contracting Officer will assess each holder’s continued participation at the annual review (Article 9) and may remove a holder at that time or at any other time the grounds above arise.

Removal of one holder does not affect the BPAs of other holders. A removed source may be considered for re-entry through the on-ramp process if it again meets the requirements.

BPA No. TBD — Page 5 of 5

Article 15 — Attachments

Attachment No.

Document Title Date

1 Statement of Work

2 Schedule of Items

3 Authorized Ordering Officials (TBD after Award)

4 Additional Instructions to Offerors

5 Additional Evaluation Criteria

6 Provisions and Clauses

7 [RESERVED]

8 [RESERVED]

9 [RESERVED]

10 Master BPA Agreement