B.08 (22R3005) HRO BPA Training Courses Agreement.pdf

BPA TERMS AND CONDITIONS

W912L3-22-R-3005

WYOMING BPA TRAINING COURSES

TERMS AND CONDITIONS

PREPRICED BLANKET PURCHASE AGREEMENT

1. NEGOTIATION AUTHORITY: The issuance of individual calls under this Blanket

Purchase Agreement (BPA) is established under the authority of 48 CFR § 8.405-3 - Blanket purchase agreements (BPAs), and any guidance as supplemented herein.

2. DESCRIPTION OF AGREEMENT: The agreement is offered for the purchase of the supplies/services if or when called for by the Contracting Officer (KO) or a designated representative during the delivery/task order period specified, and the Contractor shall provide those supplies/services as specified by the KO or designated representative.

(a) This Agreement may be modified or may be canceled in its entirety by either party upon thirty (30) calendar days to include a 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 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: October 01, 2022, through September 30, 2025.

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

5. GOVERNMENT LIABLITY:

1. Responsibilities of WYMD. WYMD agrees to:

a. Provide a roster of all pre-approved course participants to contractor.

b. Provide classroom space and necessary audiovisual equipment essentials for each course training session held at the WYMD facility.

2. Responsibilities of Contractor. The Contractor agrees to:

a. Provide classroom space and necessary audiovisual equipment essentials for each course training session held at the Contractor facility.

b. Provide all course materials and instructor(s) for each of the training sessions.

c. Provide completed sign-in roster for each training session to WYMD.

d. Provide completion certificates to each participant for each training session.

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 proposed to be furnished under this Agreement. Price lists will not be effective until signed by the KO.

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, and the 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. Student min is three (3) and maximum student participation is 20.

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 listed will not be honored.

9. DELIVERY TICKETS: All services provided under this agreement will be accompanied by one Delivery Ticket or Sales Slip which shall contain the following minimum information:

(1) Name of Contractor

(2) BPA Number and Call Number

(3) Date of Purchase (Call)

(4) Signed roster of attendees

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

(6) Name of Individual Placing Call

(7) Names of “no shows”

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

10. INVOICES: An itemized invoice shall be submitted to KO within ten (10) days after each course completion. One (1) itemized invoice will be created per month for courses conducted during that month for final payment and submitted to the KO. Copies of each course are required to support monthly 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 a reservation (orally or written) for a training course. Only the persons listed on the Ordering Officer Letter, or the KO may make reservations.

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.

15. AUTOMATIC CANCELLATION PROVISIONS: When the KO or designated representative has requested a service(s) and it is found that services are no longer required, a 24-hour written notice of cancellation will relieve the WYNG from incurring any costs and the reservation is automatically canceled without penalty. In special circumstances (illness, weather), either party can cancel a class with limited notification either by phone or email.

16. COVID-19: If services are no longer necessary and training events, are ordered to be cancelled due to COVID-19 breakouts, all impacted reservations will be canceled immediately without penalty.

17. DESIGNATED REPRESENTATIVE: The personnel designated on the list furnished by the KO are the representative(s) of the KO for the purpose of technical supervision, inspection, and acceptance under this BPA.

18. Minimum Training Courses Requirements:

a. TEAMS or other remote accommodations may be utilized if need arises.

19. Contractor Surveillance: The Wyoming Military Department may use any methods of surveillance available means to fairly evaluate the contractor.

20. SECURITY: Contractor personnel shall comply with all Government regulations regarding security procedures, the wearing of badges, access lists, and safety procedure.

21. WITHDRAWAL OF AGREEMENT: Withdrawal of this BPA may be affected by either party, giving the other party written notice of intent to withdraw, thirty (30) calendar days prior to the effective date of withdrawal, and 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.