BPA Terms and Conditions.pdf

36C24826Q0330

BPA TERMS AND CONDITIONS

The BPA holder agrees to the following terms of a Blanket Purchase Agreement (BPA) EXCLUSIVELY WITH the Department of Veterans Affairs:

1. ADMINISTRATIVE DATA

A Blanket Purchase Agreement (BPA) is hereby established between and the Department of Veterans Affairs under the following terms and conditions incorporated in this BPA:

Primary Point of Contact: To Be Determined

Cognizant Office (Include complete address):

Department of Veterans Affairs

Network Contracting Office 8 (NCO 8)

VA Caribbean Healthcare System (VACHS)

10 Casia Street

San Juan PR 00921-3201

2. PRICING

Services as listed below, with associated pricing, can be ordered under this BPA. The BPA holder shall be allowed to vary within the categories for successful and efficient task completion not to exceed funded values of each order awarded under this agreement. As proposed, the BPA holder will apply applicable extended/tier pricing to all categories used in the performance of orders issued under this Agreement. Orders may be awarded on an individual basis. All Calls/Orders placed against this BPA are subject to the terms and conditions of the referenced BPA, the BPA holder's quote and this Agreement, except where noted below.

3. GENERAL SERVICES ORDERS

a. The BPA holder shall furnish all the necessary qualified personnel, materials, facilities and management resources to furnish the services set forth in the Statement of Objectives (SOO) or the Performance Work Statement (PWS) within the terms specified and at the price(s) stated.

b. It is understood and agreed that the BPA holder shall provide Fixed-Price quotes when requested by the CO. The BPA holder's quote shall be priced using labor rates and labor categories here in provided. The CO will issue Fixed Priced Orders upon completion of negotiations of BPA holder’s quote.

4. NONPERSONAL SERVICES

a. In performance of this BPA, the BPA holder will provide services as required by program offices to support management of their overall mission. This will be based upon the order's performance work statement for the specific effort. Orders will be formally issued to the BPA holder as opposed to individual BPA holder employees.

b. The services required under the Agreement constitute professional and management services within the definition provided by FAR 37.201. Under this Agreement the Government will obtain professional services, which are essential to the Department of Veterans Affairs mission but not otherwise available within Department of Veterans Affairs.

c. The Government will neither supervise BPA holder employees nor control the method by which the BPA holder performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual BPA holder employees. It shall be the responsibility of the BPA holder to manage their employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the BPA holder feels that any actions constitute, or are perceived to constitute personal services, it shall be the BPA holder's further responsibility to notify the CO immediately.

d. These services shall not be used to perform work of a policy/ decision making or management nature. All decisions relative to programs supported by BPA holders will be the sole responsibility of the Government. Support services will not be ordered to circumvent personnel ceilings, pay limitations, or competitive employment procedures.

5. AUTHORIZED LIMITS

The Ceiling Limit may also be raised in association with Order Limit increases or other conditions which, by mutual agreement of the parties, maybe considered necessary. Authorization for individual orders above the stated order and/or Ceiling Limits must be coordinated through the CO before larger valued orders can be issued and prior to commencement of work. All unauthorized work, regardless of amount, will be processed through the ratification process.

6. OBLIGATION OF FUNDS

This BPA does not obligate any funds. The Government is obligated only to the extent of authorized orders actually issued under the BPA by the CO.

7. PERIOD OF PERFORMANCE

This BPA expires on 04-30-2031 or such later ending date as determined by the exercise of any option.

8. AUTHORIZED INDIVIDUALS

Individuals Authorized to Place Orders:

DVA authorizes the following entities to place orders:

Wilfredo Perez, Contracting Officer Alternate: Another warranted CO from the San Juan Services & Commodities Team

9. ORDER FORMAT

Orders will be placed against this BPA via e-mail, Electronic Data Interchange (EDI), FAX, or in hardcopy format. Each individual BPA Order will describe the tasks, services and deliverables required.

10. AUTHORIZED REPRESENTATIVES

The primary CO for this Agreement is:

Wilfredo Perez Contracting Officer Department of Veterans Affairs Network Contracting Office 8 (NCO 8) VA Caribbean Healthcare System (VACHS) 10 Casia Street San Juan, PR 00921-3201 939-759-6783 wilfredo.perez3@va.gov

The Primary Contracting Officer's Representative (COR) for projects under this Agreement is:

Lisandra Nieves 787-641-7582, ext. 131517 lisandra.nieves@va.gov

The Primary COR will be responsible for technical monitoring of the BPA holder’s performance and deliveries. The COR and the BPA holder’s Representative shall work together to ensure that all contractual requirements are being met. The COR will interpret specifications or technical portions of the work. The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any BPA order, BPA modification, or notice of intent that changes or may change this BPA;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any BPA matter subject to the Disputes Clause;

(4) Terminate, for any reason, the BPA holder’s right to proceed;

(5) Obligate in any way, the payment of money by the Government. Only a warranted Contracting Officer is authorized to obligate funds on this or any other BPA action.

The BPA holder shall immediately notify the Contracting Officer in writing if the COR has taken an action (or fails to take action) or issues directions (written or oral) that the BPA holder considers to exceed the above limitations.

The BPA holder shall provide the CO information copies of all correspondence to the COR.

11. INVOICES

a. Inspection and acceptance shall be accomplished as follows: The Government, for all services furnished under any resulting order, hereby designates the COR in the program office as the point of final inspection and acceptance. The BPA holder will submit each invoice, including all back-up data, via the VA VetRide platform, for acceptance. If the invoice is correct, and services were performed, the COR will certify the invoice for payment. If the invoice is incomplete or inaccurate, the COR will return the unsigned invoice to the BPA holder for correction.

12. PRECEDENCE

The Terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the BPA holder’s invoice, the provisions of this BPA will take precedence.