BLANKET PURCHASE AGREEMENT (BPA) TERMS AND CONDITIONS

MISSION AND INSTALLATION CONTRACTING COMMAND – FT. BLISS, TX

RENTAL OF PORTABLE LATRINES AND HAND-WASHING STATIONS

1. Description of Agreement: This Blanket Purchase Agreement (BPA) is established under Revolutionary FAR Overhaul (RFO) 12.201-1(e)(3) as a simplified method for acquiring recurring supplies and services.

This BPA covers the rental, delivery, servicing, relocation, and removal of portable latrines and portable hand-washing stations at Fort Bliss, Texas, and other locations identified in individual BPA calls. The Supplier shall furnish all services described in the Performance Work Statement (PWS) and in individual BPA calls, when requested by the Contracting Officer (KO) during the BPA ordering period and within the aggregate ceiling amount. Services may include delivery, placement, scheduled servicing, cleaning, sanitization, restocking, relocation, emergency servicing, removal, and pickup.

This BPA does not guarantee any minimum quantity of services or minimum expenditure.

2. Ordering Period: The BPA ordering period is 23 November 2026 through 22 November 2031, for a total duration of five (5) years. The BPA will be reviewed at least annually and may be terminated at any time if determined necessary by the Contracting Officer.

3. Termination: Either party may terminate this BPA upon 30 days’ written notice.

4. Government Obligation & Authority: Only a warranted Contracting Officer may issue BPA calls or obligate the Government. The Government is obligated only to the extent of authorized BPA calls.

Purchases made by unauthorized personnel constitute unauthorized commitments, and the vendor assumes the risk of non-payment.

5. Competition and Call Placement Procedures: When a requirement arises, the Contracting Officer will issue a Request for Quotation (RFQ) with a PWS to BPA holders. RFQs will identify required services, performance location, period of performance, unit quantities, servicing frequency, applicable performance standards, and response deadlines.

All BPA calls will be competed among BPA holders using Price‑Only evaluation. Award will be made to the lowest‑priced technically acceptable quote in accordance with FAR 12.201-1(e)(3). If additional competition is required, RFQs may be issued to other vendors.

Vendors must respond to each RFQ with either a quote or a declination. Failure to respond to three (3)

RFQs may result in termination of the BPA. The Government may consider documented performance, responsiveness, and compliance with BPA terms when determining whether to continue the BPA relationship.

Urgent requirements may require abbreviated response times, sometimes as short as 72 hours.

RENTAL OF PORTABLE LATRINES AND HAND-WASHING STATIONS

6. BPA Limitations: The Ceiling for this BPA is $6,500,000.00.

7. Purchase Limitation: Individual BPA calls shall not exceed $1,000,000.00.

8. Qualified Source of Supply and Performance Standards: The Government establishes BPAs only with vendors determined to be qualified sources of supply. Vendors must maintain qualification status and perform all BPA calls satisfactorily. Deficient performance, misrepresentation, or failure to comply with BPA terms may result in exclusion from future calls or termination of the BPA.

9. Call Performance: A vendor who performs deficiently on one or more BPA calls may be excluded from further competition unless the Contracting Officer determines the circumstances were beyond the vendor’s control.

10. Delivery Tickets: Each service visit, delivery, relocation, or pickup shall be documented by a delivery or service ticket containing at a minimum:

a. Supplier name

b. BPA number

c. Date of purchase or service

d. BPA call number

e. Itemized description of services furnished

f. Quantity, unit price, and extended price

g. Date of delivery or service

h. Location of service

i. Time of service

j. Name and signature of Government receiving official

11. Invoices: A summary invoice must be submitted monthly or upon BPA expiration. The invoice shall:

a. List all deliveries and labor performed during the billing period

b. Show total value

c. Include copies of all signed delivery tickets

d. Include required labor documentation

e. Clearly state the BPA number and BPA call number

f. Be submitted through WAWF/PIEE

g. Include UEI and TIN information

12. Payment: Payment will be processed after receipt of a complete and correct invoice. All payments will be made in accordance with the terms of this BPA and the corresponding BPA call contract. Standard payment terms are Net 30 unless otherwise specified.

13. Correspondence: All requests for contractual direction, changes, extensions, substitutions, deviations, equitable adjustments, or interpretation of BPA or call terms shall be submitted in writing to the Contracting Officer. Technical performance matters may be coordinated with the Contracting Officer’s Representative (COR), when appointed. The COR has no authority to change price, quantity, quality, delivery, period of performance, or any other term of the BPA or BPA call. Correspondence related to a specific call shall include the BPA call number.

14. Additional Operational Requirements:

14.1 Mobilization Requirements: The Supplier must demonstrate the ability to mobilize and begin performance promptly upon issuance of a BPA call, consistent with evaluation criteria in FAR 52.212-2.

14.2 Installation Access Requirements: Contractor personnel must comply with Fort Bliss access requirements, including vetting, identification, and vehicle registration procedures.

14.3 Environmental & Disposal Requirements: All waste disposal shall comply with federal, state, and installation environmental regulations. Waste shall be disposed of at approved facilities.

14.4 Weather & Emergency Conditions: The Supplier shall maintain capability to perform services during adverse weather or emergency conditions unless otherwise directed by the Contracting Officer.

15. Terms And Conditions of Blanket Purchase Agreement: This BPA incorporates the following clauses by reference with the same force and effect as if provided in full text. Full text is available upon request or electronically at https://www.acquisition.gov.

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-6 Alt I Restrictions On Subcontractor Sales to The

Government -- Alternate I

NOV 2021

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights NOV 2023 52.204-7 System for Award Management NOV 2024 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code

Reporting

JUL 2016

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

https://www.acquisition.gov/

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

JAN 2025

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information

Regarding Responsibility Matters

OCT 2018

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-1 Instructions to Offerors - Commercial Products and Commercial Services

SEP 2023

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.219-6 Notice of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns JAN 2025 52.219-28 Post-Award Small Business Program

Representation

JAN 2025

52.219-33 Nonmanufacturer Rule SEP 2021 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and

Remedies

JAN 2025

52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the

National Labor Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons OCT 2025 52.223-3 Hazardous Material Identification And Material

Safety Data

FEB 2021

52.232-33 Payment by Electronic Funds Transfer-System for Award Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former

DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights

JAN 2023

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors FEB 2026

RENTAL OF PORTABLE LATRINES AND HAND-WASHING STATIONS

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

FEB 2026

252.225-7001 Buy American And Balance Of Payments Program-

- Basic

FEB 2024

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.247-7023 Transportation of Supplies by Sea OCT 2024

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) Price

a. The Government will assess the prices of all acceptable offers to determine whether they are fair and reasonable. Award will be made to the offeror with the lowest evaluated price among the technically acceptable proposals.

b. Reasonableness: The existence of adequate price competition is expected to support a determination of reasonableness; a price is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business.

c. Realism: Analysis the government uses to ensure the quoter understands the requirement.

Quoting unrealistically low in price may be considered indicative of a lack of understanding of the complexity and risk in the contract requirements. Unrealistic offers may not be considered for award. The ability of the quoter to perform aspects of the anticipated contract from inception to completion will be considered as part of the overall "realism" evaluation.

d. Completeness: Completeness is compliance of the quoter with Addendum to FAR Provision 52.212-1, Instruction to Offerors.

e. Unbalanced pricing: Exists when, despite an acceptable evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of price analysis techniques. Quotes that are determined to be unbalanced may be rejected if the lack of balance poses a significant risk to the Government.

(ii) Technical capability of the item offered to meet the Government requirement:

a. Offeror shall submit a five (5) page technical approach describing how it will provide, deliver, service, clean, sanitize, restock, relocate, repair, and remove portable latrines and hand-wash stations.

RENTAL OF PORTABLE LATRINES AND HAND-WASHING STATIONS

b. Offeror must provide at least two contracts that showing experience performing portable sanitation, portable latrine, hand-wash station, waste-removal in the last two years.

(iii) Past Performance

Process: The Government will conduct an initial evaluation of all proposals to determine price acceptability and whether the proposed prices are fair and reasonable. From the set of proposals found technically acceptable, the Government will then identify the offeror that most clearly demonstrates the capability to meet the requirements specified in the PWS. As part of this determination, the offeror must show the ability to mobilize and begin performance promptly upon contract award.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2018-O0021) (JUN 2020)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in a subcontract for commercial items.

Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, No displacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(viii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(ix) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiv)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services- Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvii) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor MAY include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from MICC-Fort Bliss, 111 Pershing Road, Fort Bliss, Texas 79916

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

RENTAL OF PORTABLE LATRINES AND HAND-WASHING STATIONS

(End of provision)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

(End of provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

(End of clause)

5152.233-4000 AMC-LEVEL PROTEST PROGRAM (NOV 2008) (LOCAL CLAUSE)

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office or other external forum. Contract awards or performances are suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. If you want to file a protest under the AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below. All other agency-level protests should be sent to the contracting officer for resolution.

A Protest to HQ AMC shall be filed either by regular mail, email or fax at:

Fax: 256.450.8840 E-mail: usarmy.redstone.usamc.mbx.protests@army.mil Address:

Headquarters, U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000

MISSION AND INSTALLATION CONTRACTING COMMAND – FT. BLISS, TX

RENTAL OF PORTABLE LATRINES AND HAND-WASHING STATIONS

The AMC-Level Protest procedures are found at: https://www.amc.army.mil/Contact-Us/AMC-Protest- Program/

If internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures.

http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp