Attachment 3 BPA Terms and Conditions FINAL.pdf

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BPA TERMS AND CONDITIONS

1. AUTHORITY: This Blanket Purchase Agreement is entered into under the authority of 10 USC 2304 and the

Federal Acquisition Regulation Part 13.303, Blanket Purchase Agreement. A BPA is an agreement, not a contract, between the Government and the Contractor. Neither party is under contractual obligation until an authorized call

(order) is received and accepted. The act of receiving and accepting an authorized call creates a contractual obligation that will remain in effect for the duration of work required under the accepted call. Calls are authorized when authorized personnel, against authorized line items, place them against this BPA.

2. DESCRIPTION OF AGREEMENT: The Contractor shall provide Locksmith Supplies for the Pentagon Force

Protection Agency (PFPA). Delivery will be made to the following warehouse:

Location 1: 6810 Loisdale Rd

Dock 18

Springfield, VA 22150

3. DESCRIPTION OF AGREEMENT: The Contractor shall provide the following equipment to support existing equipment in place at the locksmith shop. This equipment as well as any equipment of similar locksmith tools scope under the micro-purchase shall be purchased with the Government Purchase Credit Card on an as-needed basis. Equipment will be delivered to the Government warehouse. The Contractor shall be able to deliver the equipment to the Government within 30 days of the request. A BPA will be awarded with an ordering period of five (5) years.

4. EXTENT OF OBLIGATION: A BPA is an agreement, not a contract, between the Government and the

Contractor in which neither party is under contractual obligation until an authorized call (order) is received and accepted. The act of receiving and accepting an authorized call creates a contractual obligation that will remain in effect for the duration of work required under the accepted call. When placed against this BPA by authorized personnel against authorized line items, calls are authorized. Additionally, all call orders will be placed over the phone or via email. The Government reserves the right to cancel this BPA at any time and is bound only to the extent the Contractor must be given thirty (30) days written notification prior to exercising this right.

5. AUTHORIZED BPA USERS/CALLERS: For decentralized BPA's, individuals authorized to place call orders against this BPA shall be appointed and identified to the Contractor in writing. The appointment letter shall identify individuals either by the title of the position or by the name of the individual. The letter will include the organizational components and the dollar limitation per purchase for each position title. For centralized BPA's, all call orders will be generated from the contracting office. Personnel placing calls shall identify themselves by name or position and BPA number. DO NOT ACCEPT calls from anyone who is not listed on this authorization letter. Supplies delivered on calls from anyone other than personnel listed on the authorization letter are subject to the vendors/contractors' own risk.

6. PRICE LIST: The vendor shall submit to the Contracting Officer a basic price list to establish firm unit prices for approval. Subsequent changes in prices shall be submitted at least thirty (30) days prior to the effective date of the requested change. The Contracting Officer must approve all price lists prior for incorporation into this

Agreement and update them annually.

The vendor may offer voluntary price reductions for previously approved items without written approval. These reductions shall be shown as 'VPR' (voluntary price reductions) on the invoice.

7. PRICING: The prices charged to the United States Government shall be as low as those charged to the supplier's most favored customer for comparable quantities under similar terms and conditions. Prices to the Government are in accordance with the price submitted by the Contractor and approved by the Contracting Officer. Prices shall be updated yearly by the anniversary of the BPA issuance, as needed, and evaluated for fairness and

2 | P a g e reasonableness by the Contracting Officer. Prices shall not escalate during the term of the BPA. The Government reserves the right to add new products or additional services to the BPA during the term of this Agreement. If a new item should be added during the performance period, new prices shall be submitted. Please allow up to 5 calendar days grace period between submissions of the new prices, if any.

8. PURCHASE LIMITATION: With the exception to calls placed by the Contracting Officer, the limitation for each individual purchase under this BPA shall not exceed $120,000.00.

9. DELIVERY TICKETS: The Contractor shall ensure all shipments under the Agreement shall be accompanied by delivery tickets that shall contain the following minimum information:

a) Name of the supplier.

b) BPA number.

c) Date of purchase.

d) Purchase number.

e) Itemized list of supplies or services furnished.

f) 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, if the invoice is itemized to show this information).

g) Date of delivery or shipment.

10. INVOICES: Fast payment procedures for supplies and services are based on the Contractor's submission of an invoice constituting certification that the Contractor has delivered the supplies to the point of receipt by the

Government and shall replace, repair or correct supplies not received at the destination, damaged in transit or not conforming to purchase agreements.

The requirements of a proper invoice are as specified in FAR 52.212-4. Full text of this clause can be found on the web at URL: https://www.acquisition.gov In addition, the Reseller shall follow the terms of DFARS 252.232-

7003, Electronic Submission of Payment Requests, and Receiving Reports. The Reseller shall submit an original invoice through Wide Area Workflow (WAWF) in accordance with the order instructions. Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget

(OMB) prompt payment regulations at 5 CFR part 1315.

11. ISSUANCE OF CALLS: Call orders will be solicited from the awardee of the BPA in accordance with FAR

13.303-2(a) (3) and procedures described herein. The Government may utilize Request for Quotation (RFQ) procedures, which may require the Contractor to submit a price quote and delivery schedule for an anticipated

Call Orders award. Upon issuing an RFQ for Call Orders, the BPA holder will typically have two (2) to five (5) days to submit a quote, depending on complexity.

12. OBLIGATION OF FUNDS: Funds will be obligated on individual BPA Call Orders placed against the respective BPA(s). In accordance with FAR 13.303-3(a)(2), the Government is obligated only to the extent of authorized purchases actually made under the BPA.

13. PAYMENTS: Payment will be made via the Government Purchase Card (GPC) or Wide Area Workflow

(WAWF).

14. CANCELLATION OF BPA: Either party may unilaterally cancel this BPA by providing written notification.

Cancellation notice should be given 30 days prior to the effective cancellation date.

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