Attachment 3 - BPA Terms and Conditions.pdf

BPA TERMS AND CONDITIONS

(IAW FAR 13.303-3)

1. Description of Agreement: “Blanket Purchase Agreement” (BPA) holders shall furnish services described in general terms, if and when requested by the contracting officer (or the authorized representative of the contracting officer). BPA holders will be authorized to provide leasing of turnkey (new, used, and/or refurbished) temporary and swing space modular/mobile facility solutions to include site preparation, design, delivery, installation, maintenance/facility support, and removal services during the period of 01 October 2024 through 30 September 2029. The maximum amount over this period will be $9,999,999.99.

2. General Terms: The scope of BPAs will include the following:

a. Modular Office, size range – 8’x20’ - 50’x72’

b. Modular Storage, size range – 8’x20’ - 8’x40’

c. Modular Restroom, size range – 12’x28’ - 12’x60’

Portable restroom trailers Single and multi-unit restrooms

d. Modular Office/Restroom combo, size range – 10’x36’ - 12’x56’

e. Furniture

f. Setting/leveling/skirting

g. Decks/ramps/steps installation

h. Utility hook-ups (Electrical, Sewer, and Water connections)

i. Fire alarm testing

j. HVAC and testing

k. Communication hook-ups and testing

l. Generators, hook-ups, and testing

m. Waste Removal (Sewage)

n. Maintenance

o. Other modular/trailer buildings and services not listed above

3. Variable Costs: Decking/leveling/skirting, site preparation, tie-downs, furniture/fixtures, waste removal, site-restoration, and trailers not listed in the sample project (Attachment 2), are classified as variable cost items and will be priced at the BPA call level.

4. Maintenance Costs: Setup, hook-ups, testing, and teardown are all considered maintenance costs.

5. Pricing: Prices to the government shall be as low or lower than those charged supplier’s most favored customer favored customer for comparable quantities under similar terms and conditions, in addition to any discounts for prompt payment.

6. Deposits/Upfront Costs: Requirements under this BPA may require awardees to pay large deposits and costs upfront for delivery/installation well before the first invoice/payment. Deposits and upfront costs may exceed $250K or more, depending on the condition (new, used, refurbished) of the modular/mobile buildings and scope of the project. Interested BPA holders must be able to fund large deposits/upfront fees upon issuance of a funded BPA Call.

7. Extent of Obligation: It is understood and agreed that this BPA obligates the government only to the extent that authorized calls/orders are made against it and then only when delivery against such calls/orders have been completed.

8. Pricing: This BPA will be unpriced. Individual calls/orders will be competed amongst all BPA holders.

9. Purchase Limitations: Non-warranted Government Purchase Card (GPC) holders (specified on the list of authorized BPA users) will be permitted to pay with a GPC up to $25,000 per requirement. Individual Purchases that exceed $25,000.00 will be subject to standard commercial clauses to include Service Contract Labor Standards in accordance with 52.222-41 and Department of Labor set wage rates.

Warranted Contracting Officers may execute BPA calls up to their warrant limits. Warranted Contracting Officers may fund BPA Calls with a GPC or via AF Form 9.

a. Decentralized: A Decentralized Call occurs when an authorized user utilizes a GPC as the form of payment. BPA holders are required to report to the primary Contracting Officer all decentralized orders by way of a Delivery Ticket.

b. Centralized: A Centralized Call occurs when an authorized warranted Contracting Officer issues a Call funded by an AF Form 9.

10. Invoices: Calls may be issued against this BPA. For “Calls” issued against this BPA funded with an AF Form 9, the method of payment will be an invoice/receiving report submitted in Wide Area Workflow (WAWF) with invoicing instructions attached to each call.

11. Authorized Callers: The Contracting Officer will provide the Contractor a list of individuals authorized to purchase/request service under this BPA identified by organizational component, and the component, and the dollar limitation per purchase for each individual.

12. Delivery Tickets: Each decentralized delivery will be accompanied by a delivery ticket which will contain all the following information (as a minimum):

a. Name of supplier

b. BPA number

c. Date of call and call number

d. Name of person placing the call

e. Itemized list of supplies/services furnished

f. Quantity, unit price, and extension of each item, less applicable discount

g. Date of delivery

13. Cancellation: The Government reserves the right to cancel this BPA at any time and is bound only to the extent that the Contractor must be given 30 days written notice prior to exercising this right.