Attachment 2 - BPA Terms and Conditions_Misawa.pdf

BLANKET PURCHASE AGREEMENT (BPA)

TERMS AND CONDITIONS

FOR

Misawa Refuse BPA

Description of Agreement: This BPA is established to procure Refuse Bins, as detailed in the attached Performance Statement (PWS), for use by the 356th Expeditionary Theater Support Group (ETSG) at Andersen AFB, Guam. Additional bins may later be added to the Agreement if a warranted contracting officer from the 356 ETSG, 36 CONS, or AFICC/KH initiates the modification. This BPA authorizes the purchase of said services when requested by an authorized contracting officer or their designated representative, known as an authorized caller, during the period of performance.

This Agreement is centralized, meaning that only warranted contracting officers from the 356 ETSG, 36 CONS, and AFICC/KH may place orders against this Agreement. Orders placed under this Agreement are limited to the delivery location of Japan; no other delivery location is authorized under this agreement unless both parties agree in writing to a delivery location outside of Japan. Such orders will require approval from the 356 ETSG/CC prior to placement; orders for delivery to Misawa, Japan do not require such approval unless otherwise stated by the 356

ETSG/CC.

Duration of BPA/Period of Performance: The anticipated ordering period or period of performance for this BPA is consecutive 5 years from date of award, 25 July 2025 to 24 July 2030.

Delivery against Calls may extend beyond the effective period of this BPA. However, no new Calls may be issued once the five (5) year ordering period of this BPA has expired.

Extent of Obligation: The Government is obligated only to the extent of authorized purchases actually made under this BPA by authorized personnel, against authorized line items, as outlined in the approved Price List. The Government shall not be liable for any potential purchases not realized.

Purchase Limitation: Individual purchases shall be limited to the thresholds outlined in FAR 13.500(a) or the warrant limit of the Contracting Officer, whichever is lower. If the supply procured under this Agreement is determined to be for the purposes listed in FAR 18.2, then the threshold in FAR 13.500(c) may be used. The aggregate ceiling of this BPA shall not exceed $250,000.00. Any order placed that exceeds this total is outside of the scope of this Agreement. A new agreement will be required. The items on the approved Price List shall be the only items ordered under this BPA.

BPA Completion: This BPA will be considered complete upon expiration of the specified period of performance or when the BPA Master Dollar Limit is reached. No further calls or orders are authorized to be placed against the BPA once it is complete and the contractor shall not accept calls or orders for supplies or services covered under this BPA once it is complete.

Authorized Individuals: The only individuals authorized to place orders under this Agreement are warranted contracting officers assigned to the 356 ETSG, 36 CONS, and AFICC/KH. The same limitation for all three organizations is the same as Section 3. Purchase Limitation. Only authorized individuals may place calls under this BPA.

Price Lists: The contractor shall submit a Price List to be maintained for the period of the Agreement. The vendor may extend discounts on purchases under the BPA; however, any increase in commercial pricing must be submitted to the Contracting Officer for approval in accordance with the “Modification of Terms” guidelines. The Contracting Officer has determined that the prices for services contained in the contractor’s Price List applicable to this BPA are fair and reasonable. The Price List under this BPA shall be reviewed and certified at least annually and state the Price List Current Through Date or Expiration Date.

Delivery Tickets: Each delivery under this agreement shall be accompanied by a delivery ticket or sales slip that shall contain the minimum information as specified by FAR 13.303-3(a)(5) and detailed below:

(i) Name of supplier.

(ii) BPA number.

(iii) Date of purchase.

(iv) Purchase number.

(v) Itemized list of supplies or services furnished.

(vi) Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).

(vii) Date of delivery or shipment.

Invoices: Invoices shall be submitted in accordance with the following invoicing statement under FAR 13.303-3(a)(6):

(i) A summary invoice shall be submitted at least monthly or upon expiration of this BPA, 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 receipt copies of the delivery tickets.

Invoice Payments: Payments under this BPA shall be made in accordance with the Prompt Payment Act, utilizing the Government Purchase Card for purchases not exceeding the micro-purchase threshold, or through electronic funds transfer for purchases exceeding this threshold.

Modification of Terms: This BPA may be modified only by written agreement of both parties.

Only the Contracting Officer has the authority to agree to modifications on behalf of the Government.

Cancellation: Either party may cancel this BPA upon 30 days written notice to the other party.

Cancellation shall not affect any orders placed prior to notice of cancellation. All orders that are solicited after the discontinuance date shall not include the discontinued Agreement holder and that Agreement holder shall be ineligible for awards placed under the BPA pool.

Annual Review: The Contracting Officer will review this Agreement on an annual basis to assess any changes or updates that could affect the BPA terms and conditions.

Compliance with Laws and Regulations: In performing work under this BPA, the Contractor shall comply with all applicable federal, state, local laws, and regulations, including environmental and safety regulations.

Environmental Considerations: The Contractor shall ensure that all services provided under this BPA comply with environmental standards and practices. This includes the use of energy-efficient equipment, eco-friendly materials, and sustainable disposal methods.

Quality Assurance and Control: The Contractor is responsible for maintaining the quality of services provided under this BPA in accordance with the quality standards set forth in the PWS.

The Contractor shall implement a Quality Control Plan to ensure compliance with these standards.

Security and Access Requirements: The Contractor and its personnel shall comply with all security requirements for access to Government installations as provided by the government.

Dispute Resolution: Any disputes arising under this BPA shall be resolved in accordance with the Disputes clause of the Federal Acquisition Regulation (FAR).