BPA Agreement PWS 25-5E2_DRAFT.pdf

BLANKET PURCHASE AGREEMENT (BPA)

1. EXTENT OF OBLIGATION

The Government is obligated under this BPA only to the extent of BPA calls (hereto referred to as orders) placed by the Contracting Officer. The Contractor is advised that acceptance of an order from unauthorized individual is entirely at the Contractor's risk. Further, the Government may request quotes, either from one vendor or from all vendors prior to Government funding being committed or otherwise available. This ability notwithstanding, the Government’s liability is nonetheless limited only to the extent of orders placed by the Contracting Officer.

2. AUTHORITY

The authority to establish this BPA is given to Defense Microelectronics Activity (DMEA) by the Federal Acquisition Regulation (FAR) 13.303 and complies with all conditions as stated in the FAR.

3. DESCRIPTION OF AGREEMENT

Under this agreement, the BPA holder shall provide DMEA with environmental testing of electronics products from industry and commercial Environmental Testing companies; specifically those needed to qualify/validate assemblies to MIL STD or custom specification as described in base Performance Work Statement (PWS) DMEA 25-5E2 and the Statement of Work (SOW) associated with each order. These supplies and/or services will be provided when requested by the Contracting Officer or any authorized BPA user during the specified period of performance and in accordance with the terms and conditions of this Agreement.

4. EFFECTIVE ORDERING PERIOD

This BPA expires 3 years after award or upon reaching the maximum cumulative ceiling of $900,000.00 (across all BPAs) This BPA is NOT A CONTRACT. If the BPA holder fails to perform in a manner satisfactory to the Contracting Officer, this BPA may be canceled with 30 days written notice to the BPA holder by the Contracting Officer. Specifically, failure to perform any of, but not limited to, the following may result in BPA cancellation:

(a) perform at least eight (8) of the Microelectronics testing services as described in PWS 25-5E2

(b) meet proposed contractual deadlines / delivery dates,

(c) provide satisfactory product/service yield, test results, or quality assurance, or

(d) any other technical requirements on the order specifications.

5. MULTIPLE AWARD BPA

The purpose of the BPA being competed at the outset is to ensure adherence to the FAR posting, small business coordination, competition, and other requirements are accomplished at the BPA level. As specified below in paragraph 12, generally, quotes for order requirements will be solicited only from BPA holders via email. BPA awardees may or may not be made aware of the other awardees. The purpose of the $900,000.00, 3-year ordering limitation is to ensure fair opportunity for multiple awardees. $900,000.00 is less volume than is anticipated for 3 years’ worth of environmental testing of electronics products, therefore multiple vendors must be involved despite any potential vendor’s possible technical superiority. Additionally, this accounts for the fact that no one vendor possesses the capability to complete all twenty-seven (27) of the tests identified in PWS 25-5E2. However, this estimation is in no way an obligation of the Government to issue this amount of order requirements. Additionally, the Government reserves the right to resolicit this multiple award BPA requirement in order to add more BPA holders.

6. PRICING

Prices to DMEA shall be as low as or lower than those charged the BPA holder's most favored customer for comparable quantities under similar terms and conditions, in addition to any discounts for prompt payment.

7. INDIVIDUAL PURCHASE LIMITATION

There is no maximum order size outside of the remaining BPA order ceiling, therefore the dollar limitation for each individual order is $900,000.00, less the cumulative total of all previous orders (including modifications) issued to each individual offeror. In the event that the remaining BPA ceiling is insufficient to be fully responsive to a Request For

Quote (RFQ) requirement, the contractor shall communicate this to the PCO as soon as possible.

8. TOTAL PURCHASE LIMITATION

The Minimum order is $2,500.00; the BPA ceiling is $900,000.00; there is no maximum order size outside of the remaining BPA order ceiling.

9. METHOD OF PURCHASING

Purchases will generally be placed by written orders, using the SF1449 or DD Form 1155, by authorized users under this BPA, in the paragraph below.

10. AUTHORIZED USERS

Government Contracting Officers at DMEA are the only users authorized to place orders under this BPA. Any authorized user shall only be allowed to issue an order under this BPA if funds are certified. The Government Project Engineer (PE) and Contract Officer Representative (COR) identified in PWS 25-5E2 are authorized to request a quote with default evaluation criteria established in BPA paragraph 12(a)(iii) below.

11. OBLIGATION OF FUNDS

This BPA does not obligate any funds. The Government is obligated only to the extent of authorized orders actually made under the BPA by the Contracting Officer or any authorized BPA user.

12. ORDERING

The following general procedures are established for issuing orders under the BPA:

(a) Competitive Quotations: The Contracting Officer will furnish all BPA contractor(s) (those with bilaterally signed agreements) with an RFQ, along with the SOW and test plans. The contractor will be required to furnish a firm fixed price (FFP) quote within (a) 5 business days of the request or (b) as otherwise specified within the RFQ and shall remain valid for a minimum of 30calendar days from the proposal due date. Prices to DMEA shall be as low as or lower than those charged the BPA holder's most favored customer for comparable quantities/services under similar terms and conditions, in addition to any discounts for prompt payment. However, offers should be priced accurately so as to fully complete and deliver the order, in full consideration of the required testing specifications, among all other factors as applicable. RFQs for orders under this BPA may be competitive or sent to a single BPA holder, depending on the overall order volume and amount of orders from each vendor, as well as the type of test required (see also paragraph 12(b) below).

(i) The contractor shall NOT assume that there is any Government Furnish Material (GFM) available to supplement production than what is specifically identified with the RFQ.

(ii) The contractor shall provide a schedule of unit prices, for a variation in pricing for different quantities, and/or re-allocation of quantities across contract line item numbers (CLIN), option quantities, non-recurring engineering (NRE) costs (if applicable), etc.

(iii) In the absence of specific evaluation criteria for a specific order within an RFQ under this BPA, the default evaluation criteria from FAR 52.212-3 applies, with FAR 52.212-3(a) completed as follows:

The Government will award an order resulting from this RFQ to the offeror whose offer conforming to the RFQ will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(A) price;

(B) technical: technical capability, availability of required electronic components, and/or schedule

(C) past performance, and in descending order of importance.

*Technical and Past Performance, when combined, is approximately equal to price.

(iv) However, offerors are advised that DMEA may often be funding the order with funds from an external Federal Government organization and may not be able to afford overall prices in excess of currently available funds. Therefore, at times, technically superior offerors may have to be rejected if the total proposed amount is above the funds available.

(v) In addition to paragraph 12(c) below, DMEA reserves the right to cancel or revise any RFQ at any time. See Paragraph 1.

(b) Non-competitive Quotations: On occasion, or in the event successful testing and follow-on testing is needed, the Government may issue a single RFQ to a BPA holder for follow-on testing previously completed/procured under an order under this BPA. The Government may issue an order RFQ to a single or limited number of vendors, if there is only one or limited vendors that offer the testing service required. For smaller testing follow-on orders, the Government may issue an order modification RFQ to increase the quantity of an existing order. This is so that current testing can continue, and to minimize NRE costs. All orders under this BPA are usually for relatively small testing lots (9-15K). Modifications such as these are within scope of the original order, since the unit price of the original order, including the unit price variation schedule provided with the proposal, was utilized for price comparison purposes. In these instances, the same RFQ instructions in (a) above apply.

(c) RFQs in Absence of Funding: Historically, there have been rare circumstances, outside the control of DMEA and/or the Government customer where funds are not available to execute a proposal after the proposal has been requested and submitted. In the event a proposal does not result in an order or order modification, the Government’s liability is nonetheless limited only to the extent of the orders placed by the Contracting Officer. See Paragraph 1 above.

(d) The Project Engineer (PE) will review the quotes received from any of the other BPA holders and provide comments to the Contracting Office. Based on the information provided by the contractor and the PE, the Contracting Officer will make a determination of price reasonableness and will issue the order.

13. PERFORMANCE

The following terms and conditions are applicable:

(a) All Services will be initiated within 15 calendar days following receipt of a valid order, unless otherwise specified in the order.

(b) If a particular document is required in a specific order, it will be cited within the order's SOW.

(c) The BPA holder shall not provide technical direction to any other acquisition BPA holder(s) or Government personnel at any time. Neither shall the Government directly supervise BPA holder employees. All direction of the BPA holder shall be through the Contracting Officer. All Task assignments for the BPA holder will be transmitted by the Contracting Officer.

14. DATA REQUIREMENTS

All deliverable data under individual orders will be specified on a table with essentially the same fields as in the DD1423-1, Contract Data Requirements List (CDRL), incorporated in the SOW.

15. COMMERCIAL WARRANTY

The Contractor agrees that the supplies or services furnished under this BPA shall be covered by the commercial warranties, which it provides to any customer for such supplies or services.

16. DELIVERY TICKET

All shipments under this BPA shall be accompanied by a delivery notice, ticket or sales and each delivery ticket must contain the following minimum information:

(i) Name of Contractor

(ii) BPA number

(iii) Date of purchase

(iv) Order number

(v) Name of individual placing orders and telephone number

(vi) Itemized list of supplies/services

(vii) Quantity, unit price, and extension of each item, less applicable discounts

(viii) Date of delivery

17. INVOICE

(a) The PE in the order SOW is hereby designated as the point of final inspection and acceptance by the Government for all services and or supplies furnished under any resulting order. As noted in DMEA #S16-012, the Contractor will submit a 2-in-1 invoice” electronically via the Wide Area Workflow (WAWF). The PE will accept or reject the receiving portion of the invoice. Acceptance is based on the Contractor providing the required reports in accordance with the CDRL and return of any excess GF). If accepted by the PE, the invoice is automatically forwarded to the Defense Finance Accounting Service (DFAS) for payment. In the absence of the PE, the COR for the BPA (PWS 22-2D6) shall assume this responsibility. In the absence of both the PE and BPA COR, the Contractor shall consult the DMEA Contracting Officer for direction.

(i) The requirements of a proper invoice are as specified in FAR 52.212-4. The Contractor shall submit electronically a "2-in-l Invoice" (via WAWF) to the address specified within the orders issued against the BPA.

(ii) A summary invoice shall be submitted monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value, and supported by receipted copies of the delivery tickets.

BPA Dollar Limit: $900,000.00 (see paragraph 4 above)

PSC Code: AC33