BPA Specific Terms and Conditions.docx

BLANKET PURCHASE AGREEMENT (BPA) SPECIFIC INFORMATION

GENERAL INFORMATION:

The Government intends to award multiple BPAs to qualified vendors for repair, reconditioning, and/or refurbishing services for various equipment or components in support of the Next Generation Weather Radar (NEXRAD) and Automated Surface Observing System (ASOS). As of the date of this solicitation, there are currently eight (8) Statements of Work (SOW); however, the Government reserves the right to add additional SOWs that fall within the general scope of repair, reconditioning, and/or refurbishment services of NEXRAD or ASOS equipment/components.

This solicitation and any future On-Ramping solicitations shall be conducted as a Total Small Business Set-Aside. BPA holders must remain a small business for the duration of the Period of Performance.

FAR 52.222-41, Service Contract Labor Standards, applies to each BPA and the BPA holder is responsible for ensuring they comply with paying the appropriate wage rates as identified in the applicable Department of Labor (DOL) Wage Determination (WD) for their respective facility(ies).

In accordance with FAR 13.303-3, Preparation of BPAs, the following terms and conditions apply:

1. DESCRIPTION. The supplier shall furnish the services identified in the relevant Statement(s) of Work, if and when requested by a warranted contracting officer during the period specified in the agreement. The aggregate ceiling of each individual BPA will be established at the time of award. It is anticipated that the total pool of BPAs established will not exceed $2.5 million.

2. EXTENT OF OBLIGATION. The Government is obligated only to the extent of authorized purchases actually made under the BPA.

3. PURCHASE LIMITATION. The dollar limitation of each individual purchase under the BPA shall not exceed the simplified acquisition threshold or $7 million for commercial items.

4. AUTHORIZED INDIVIDUALS. The following individuals are authorized to purchase under the BPA(s) at the dollar limitation(s) identified in Number 3 above:

Any warranted Contracting Officer within the Eastern Acquisition Division (EAD), from the Acquisitions and Grants Office (AGO) of the National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC)

5. DELIVERY TICKETS. All shipments under the agreement shall be accompanied by delivery tickets or sales slips that contain the following minimum information:

i. Name of supplier

ii. BPA number

iii. Date of purchase

iv. Purchase or order number

v. Itemized list of supplies or services furnished

vi. Quantity, unit price, and extension of each item, less applicable discounts

vii. Date of delivery or shipment

6. INVOICES. All invoices shall be prepared in accordance with FAR 52.212-4(g) and be sent to nws.nrc.invoices@noaa.gov with a copy to the ordering contracting officer. Proper invoices, with corresponding verification of supplies and/or services provided, will be paid within 30 days of receipt of the invoice, per the Prompt Payment Act.

i. A summary invoice shall be submitted at least 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 receipt copies of the delivery tickets.

ADDITIONAL BPA TERMS AND CONDITIONS

1. ON-RAMP PROCEDURES

The Government reserves the right to re-open competition (On-Ramp) at any time during the term of the Agreement for the purpose of adding additional BPA holders. On-Ramp procedures may be implemented at any time by reopening the competition and utilizing substantially the same basis of award/evaluation factors as established in this initial solicitation. The Government anticipates issuing an On-Ramp solicitation for additional BPA holders at least on an annual basis. Any resulting BPA(s) awarded will include the same terms and conditions as the current basic agreement. Any additional BPA awarded via an On-Ramp process will share in, and in no way increase, the ceiling established for this requirement. Likewise, agreements awarded hereunder shall not exceed the remaining Period of Performance. The total Period of Performance shall be for five (5) years after the date of award.

When an On-Ramp is used, the Government will advertise the opening of the competition on the Contract Opportunities section of the Beta.SAM website (https://beta.sam.gov/) and awardees shall meet the criteria established in the initial solicitation. Existing BPA holders will not be required to resubmit quotes. The evaluation and selection of awardees for any On-Ramp will be the same as the evaluation and award criteria used for the initial BPA awards. The new awardees will be expected to compete with existing BPA holders for call orders.

NOTE: To be considered for award, contractors need to be technically approved and certified by the National Weather Service (NWS) National Reconditioning Center (NRC) and/or Radar Operations Center (ROC).

Interested vendors will be required to submit a written technical approach and past performance information (if applicable) to the NRC. The NRC shall invite qualified applicants to submit a first article for testing and approval. During the testing, the Government will send interested vendors the NEXRAD or ASOS equipment/components from the SOW they identified in their technical approach. The interested vendor will then be required to repair, recondition, or refurbish the items in accordance with the applicable SOW and return them to the NRC. Representatives from the Technical Inspection and Material Review Branch will conduct quality assurance/quality control tests and inspections to ensure adherence to NWS standards for acceptability. If the interested vendor successfully completes the testing, they will be considered for a BPA award for that specific SOW and can join the pool of qualified BPA holders.

2. OFF-RAMP PROCEDURES

The Government reserves the right to implement Off-Ramp procedures, which would result in the removal of BPA holders. The criteria for Off-Ramping may include, but not limited to, BPA holders having less than satisfactory performance on orders, failing to begin performance in a timely manner, late deliveries, or loss of/damage to any NWS equipment. Additionally, if the size status of any BPA holder becomes ‘Other Than Small’, they will become ineligible for future orders. BPA holders wishing to be Off-Ramped can do so upon their request.

3. ORDER COMPETITION.

The Government intends to compete each individual order under individual SOWs to the maximum extent practicable. Orders will be awarded based off the criteria contained in the Request for Quote. The criteria may include, but is not limited to: A) BPA holder’s current capacity to take on additional work from the NRC (i.e., number of outstanding items from previous orders); B) BPA holder’s performance on previous orders, including late delivery or untimely performance; C) Loss or damage to NWS equipment/components; or D) Price. The Government may include other factors relevant to the requirement. Each BPA holder may, and is encouraged to, offer discounts from the prices listed in their pricing schedule for each competed order. The BPA holder’s prices listed in the pricing schedule are legally binding upon award, and will be the maximum prices allowed for all orders issued within the specified ordering period.

In the event a SOW cannot be competed, the Government reserves the right to award orders on a sole source basis.

4. ORDERING PERIOD.

A. Any supplies or services to be furnished under this BPA shall be ordered by issuance of call orders by the Contracting Officer(s) identified above. Such orders may be issued from BPA start date through the BPA end date.

B. The ordering period is as follows: Award date through five (5) years. **Actual dates will be inserted at the time of award of the BPA.

C. All call orders are subject to the terms and conditions of this BPA. In the event of a conflict between a call order and this BPA, the BPA shall control.

D. Orders may be issued orally or by electronic commerce methods.

E. Any order issued during the effective period of this BPA and not completed within that period shall be completed by the BPA holder within the time specified in the order. The BPA shall govern the BPA holder’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the BPA’s effective period; provided, that the BPA holder shall not be required to make any deliveries under this BPA 12 months after the end date.