Attachment 3 Agreement - BPA Promotional Items.pdf

TERMS AND CONDITIONS

PREPRICED BLANKET PURCHASE AGREEMENT

1. NEGOTIATION AUTHORITY: The issuance of individual calls under this Blanket Purchase Agreement (BPA) will be made under the authority of 10 USC 2304 (g).

2. DESCRIPTION OF AGREEMENT: This agreement is offered for the purchase of the supplies covered by the APPROVED PRICE LIST, when and if called for by the Contracting Officer (KO) or a designated representative, during the delivery period specified.

The Contractor shall provide the supplies as specified by the KO or designated representative during the period specified on cover page.

(a) This Agreement, including Paragraphs a and b hereof, may be modified or may be canceled in its entirety by either party upon thirty (30) calendar days written notice to the other party, except that this Agreement may be canceled by the Wyoming National Guard (WYNG) 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. This revision shall be evidenced by an agreement modifying this BPA or by the issuance of a superseding BPA.

3. PERIOD OF PERFORMANCE: 01 FEB 2023– 31 JAN 2026. (3 years total from date of award of BPA)

4. EXTENT OF OBLIGATION: The WYNG is obligated only to the extent of authorized calls actually placed against this BPA and shall not be liable in any manner in the event no calls are made.

5. GOVERNMENT LIABLITY: The Contractor is responsible for the collection of money for phone calls, freight charges to their company, and any additional costs incurred not requested or communicated to the WYARNG or contained within this agreement. The Contractor shall notify the KO immediately of any changes to the order with the Contractor providing updated charges within 24 hours if the charges are due to a change by the KO.

6. PRICING: The Contractor hereby warrants that the prices to the WYNG 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 KO a price list for items/services he proposes to furnish under this Agreement. The listing must be identified with the BPA number, and must be for a specific period (not to exceed 12-months). No price changes may be made unless approved by the KO. If prices are expected to change frequently, the Contractor must provide monthly price lists to prior to the effective date of the change. Call 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 KO only.

Price lists will not be effective until signed by the KO.

7. PURCHASE (CALL) LIMITATION: No individual purchase (call) placed against this agreement shall exceed $25,000. BPA Ceiling is $250,000.

8. NOTICE OF INDIVIDUALS AUTHORIZED TO PLACE CALLS: A list of individuals authorized to place calls under this agreement, identified by office and phone number, will be furnished the Contractor by the KO by separate letter. Calls received by the Contractor from personnel not so listed will not be honored.

9. DELIVERY TICKETS: All supplies provided 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) BPA Number and Call Number

(3) Date of Purchase (Call)

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

(5) Name of Individual Placing Call

(6) Submit invoices to: (See WAWF Clause)

10. INVOICES: An itemized invoice shall be submitted to the KO within ten (10) days of order delivery. Copies of sales slips are required to support invoices.

11. SALES TAX: All orders placed under this agreement are instruments of the United States of America and that the supplies or services ordered thereon are for the exclusive use of an agency of the United States of America. (Federal Acquisition Regulation, Part 29)

The Federal Government is NOT liable for State and Local Taxes.

12. CALLS: A call is defined as the placing of an order (orally or written) for merchandise. Only the persons listed on the Ordering Officer Letter or the KO may make orders.

Calls (purchases) will be made orally or by informal correspondence. Contractor personnel receiving such calls verbally should assure themselves that sufficient information is obtained to prepare the delivery ticket as required.

13. NOTICE OF INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THIS BPA

AND DOLLAR LIMITATIONS: A list of individuals authorized to purchase (make reservations) under this agreement will be identified by name on the Ordering Officer Letter. This list will be revised as needed to provide the most current information, and will be signed by the KO.

14. BPA ADMINISTRATION: All issues regarding the terms and conditions, payment and collection of debts should be referred to the KO at (307) 772-5328 or by email at benjamin.c.taylor10.mil@army.mil

15. AUTOMATIC CANCELLATION PROVISIONS: When the KO or designated representative has requested a service(s) and it is found that supplies are no longer required, a 7-day notice will relieve the WYNG from incurring any costs and the reservation is automatically canceled, without penalty.

16. DESIGNATED REPRESENTATIVE: The person(s) designated on the list furnished by the KO (see para 6 of this agreement) is/are the representative(s) of the KO for the purpose of technical supervision, inspection and acceptance under this BPA.

18. RPI/PPI WILL INCLUDE (at a minimum):

a. WY Call to Action as part of the design – logo will be provided by the KO

b. A sample product provided 1 week prior to full production of any items ordered.

The KO reserves the right to waive this requirement ONLY if the item is a re-order.

c. Orders must be available to be shipped to the following cities in Wyoming or to be picked up if the contractor is local.

a. Cheyenne, WY

b. Rock Springs, WY

c. Casper, WY

d. Gillette, WY

e. Sheridan, WY

19. INSPECTION: An inspection of any and all supplies received under this agreement will be conducted at time of delivery from the vendor. If orders are shipped, the vendor will be responsible for return of any order not within the agreed upon standards of the sample.

a. Customer Surveys will be conducted quarterly as a method for assurance orders and service are adequate. The Survey will include but not be limited to

1) Timeliness of Orders

2) 90% of time sample is correct

3) Ease of finding required RPI

Note: The WYNG reserves the right to inspect all items purchased and orders received.

In the event the error resides with the KO, the Contractor will not be held responsible however, the sample to obtain prior to completion of the order must be approved by the KO via email prior to order completion.

20. WITHDRAWAL OF AGREEMENT:

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