Attachment 7 - FA700024Q0041 Terms and Conditions.pdf

DECENTRALIZED BPA

BPA MASTER DOLLAR LIMIT: $4,000,000.00

BPA CALL LIMIT: $250,000.00

1. DESCRIPTION OF AGREEMENT:

The contractor shall furnish the supplies described in paragraph 3 below in compliance with commercial standards, local, state, and federal law requirements, if and when requested by the Contracting Officer or the authorized caller during the period of performance under paragraph 4.

The maximum ceiling is “administrative only” due to the contract writing system. The ceiling may be increased throughout the life of the BPA.

2. PERIOD OF PERFORMANCE:

Estimated: 15 June 2024 through 14 June 2029

3. TYPE OF SUPPLIES:

The contractor agrees to provide the brand name (see Attachments 3 and 4 for Brand Name Justification and Approval) parachute and parachute equipment/accessories included in the BPA priced list approved by the AFI 11-410, Air Force Approved for Use List (AUL) and recommended by the Safety Board.

4. EXTENT OF OBLIGATION:

The US Government is obligated only to the extent of authorized calls actually placed under this BPA by the authorized caller. The US Government shall not be liable in any manner in the event no calls are made.

5. PURCHASE CALL LIMITATION:

Purchases made by Government Purchase Card (GPC) shall not exceed $25,000.00 per individual purchase. Purchases made by issuance of a DD Form 1155 shall not exceed $250,000.00 per individual purchase.

6. NOTICE OF INDIVIDUALS AUTHORIZED TO PLACE CALLS AND

DOLLAR LIMITATIONS:

No one other than the authorized caller is authorized to place calls against this BPA up to a $25,000.00 limit per call. Only the Contracting Officer has authority to place calls against this BPA exceeding $25,000.00 up to $250,000.00 per call. The Contracting Officer will provide the supplier with a list of authorized caller(s). The list will identify each authorized caller by name, title, organization, email, and telephone number.

7. SALES SLIPS/DELIVERY TICKETS:

A delivery ticket in duplicate, which shall contain the following minimum information, shall accompany each delivery against this BPA:

a. Name of Vendor

b. BPA Number

c. Call Number

d. Date of Call

e. Name of Individual who placed the call

f. Itemized list of Supplies furnished.

g. Quantity, unit price, total price of each item, and total monetary amount of each call

h. Date of Service

i. Grand total of calls placed and total monetary value for the entire month.

8. INVOICES:

An itemized invoice shall be submitted for each call or at least monthly (all calls for the month), or upon expiration of this BPA, whichever occurs first. A copy of all invoices should be forwarded after delivery to the authorized caller placing the call. Note: Invoices that do not include and itemized list of the supplies furnished will not be paid.

9. PAYMENT:

Payment will be made by GPC. In accordance with FAR 13.301, AFFARS 5313.301 and DAFI 64-117, the GPC is authorized for use in making and/or paying for purchases of supplies, services, or construction as a method of payment for supplies and services and shall not exceed $25,000.00 per individual purchase. Invoicing for calls issued in writing (over $25,000.00 and up to $250,000.00) shall be completed per the Wide Area Workflow instructions listed in the DFARS 252.232-7006, Wide Area WorkFlow Payment Instructions, clause.

10. PRICE LISTS:

The Contractor is required to submit one original price list. Price lists will be effective for a period of one year and will be incorporated as part of the BPA. A new price list will be requested from the vendor on an annual basis. Revised price lists will not become effective until approved by the CO; therefore, the Contractor is required to submit a revised price list a minimum of 30 calendar days prior to the expiration date. The Contracting Officer will approve only those items on the price list for which he/she has determined that the prices are fair and reasonable.

At a minimum, price lists shall contain an effective date and an expiration date, a description of the supplies to be furnished and any applicable fees, the unit price, and any discounts (excluding prompt payment discounts). If an effective date is not reflected on the price list furnished by the supplier, the effective date shall be the date the Contracting Officer approves the price list. If an expiration date is not reflected on the price list furnished by the supplier, the price list shall remain effective after approval by the Contracting Officer until a new price list is approved by the Contracting Officer. In no case shall a price list be effective until it is approved by the Contracting Officer.

The supplier shall only accept calls for items contained on the current price list that have been approved by the Contracting Officer. The Government will not be liable for payment of any item, service, fee, etc. invoiced by the vendor that are not included on the current approved price list. Nor shall the contractor charge prices that are higher than those on the current approved price list. Additionally, the Government will not agree to pay any fee that is greater than those fees charged to the general public.

11. CANCELLATION AND/OR CHANGES OF/TO THE BPA:

This agreement may be terminated unilaterally at any time by either party in writing with 30 days notice. This will not relieve either party from performance or acceptance of those calls that were issued and accepted prior to the effective date of withdrawal, unless otherwise agreed to by the parties herein. Any changes to this BPA shall be made by written modification by a warranted

CO.

12. ADMINISTRATIVE AUTHORITY:

a. Following award, this BPA will be administered by the 10th Contracting Squadron. The following address is as follows:

10th Contracting Squadron/PKB 8110 Industrial Dr., Suite 200 USAF Academy, CO 80840

b. The CO is the only person authorized to approve changes or modify any of the requirements under this BPA and not withstanding any provisions contained elsewhere in this BPA, the said authority remains solely with the CO. In the event the Contractor effects any such change at the direction of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the BPA price to cover any increase in cost incurred as a result thereof.

c. Contractual problems, of any nature, which might occur during the life of the BPA must be handled in conformance with very specific public laws and regulations (e.g., Federal Acquisition Regulation), and must be referred to the CO for resolution. Only the CO is authorized to formally resolve such problems. Therefore, the user and the Contractor are hereby directed to bring all such contractual problems to the immediate attention of the CO.

d. Any request for BPA changes/modifications shall be submitted to the CO.

e. All correspondence concerning this BPA, such as requests for information, explanation of terms and conditions, and BPA interpretations, shall be submitted to the CO.

13. ADDITIONAL TERMS AND CONDITIONS:

The contracting officer is the only person authorized to change terms and conditions. In accordance with DAFI 64-117 paragraph 2.2.6.2, cardholders do not have the authority to sign any agreement with additional terms or conditions on the reservation and/or quote.

Terms and conditions included in the BPA apply only. Terms and conditions on reservations/invoices are null and void. Only special vendor terms and conditions in the BPA apply. Vendors may submit special terms and conditions through the life of the agreement to be incorporated into the BPA.