BPA Terms Conditions.docx

TERMS AND CONDITIONS BLANKET

PURCHASE AGREEMENT (BPA)

Date: 1005 May 202

1. ADESCRIPTION OF WORK: This BPA is established for furnishing Quality Assurance Materials Testing services as described in the Performance Work Statement (PWS).

2. EXTENT OF OBLIGATION: The Government is obligated only to the extent of authorized Calls actually placed against this BPA within the USACE Portland District AOR and shall not be liable in any manner in the event no Calls are made.

3. PRICING: The Contractor certifies that the prices charged to the Government under this BPA shall be as low as or lower than those charged to the Contractor’s most favored customer for like quantities in addition to any discounts for prompt payment. The Ccontractor will be asked during the annually review if the provided pricing is still valid, if changes are made the Ccontracting officer Officer will be required to approve the new pricelist prior to any call being made using the new prices. The Ccontractor may request an updated to the approved price list by notifying the Contracting Officer or Contracting Officer Representative (COR), like the annual updates, the Contracting Officer is required to approve the pricelist prior to any calls utilizing the new pricelist.

4. DURATION: This Agreement shall remain in effect for a period of five (5) years from the effective award date.

5. CALL LIMITATION: No individual call under this agreement shall exceed $25,000.00.

6. MODIFICATION: This BPA may be modified only under its terms or conditions or by mutual agreement.

7. REVIEW: This Agreement shall be reviewed by the Contracting Activity at least annually before the anniversary of its effective date and revised as necessary to conform to the requirements of the Federal Acquisition Regulation and applicable supplements or to statutory requirements. Any change shall be effective only through written modification to this Agreement and not by individual Calls issued hereunder. Modifications to this Agreement shall have no retroactive effect on Calls previously issued.

8. INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE BPA: A list of individuals authorized to place Calls under this agreement will be provided at time of agreement award. Only personnel designated as Authorized Ordering Individuals or Contracting Officers from the Portland District U.S. Army Corps of Engineers shall place Calls on this agreement.

9. INVOICES: The Contractor may invoice USACE for work performed at the conclusion of a test, after the test results have been provided. All submitted invoices shall be accurate and legible to ensure proper payment is made. Invoices that are not accurate or are illegible shall be rejected and a request for a resubmitted invoice shall be sent to the Contractor. Invoices shall be submitted to the COR and to the Authorized Ordering Individual who placed the Call.

10. PAYMENT: Payment for invoices under $25,000.00 will be made by credit card as described within the PWS.

11. DELIVERY: Deliveries under this BPA and for issued Calls shall be sent to the designated location identified at time of Ccall placement.

12. APPLICABILITY: The terms and conditions of this Agreement shall be applicable to all BPA Calls issued citing this document.

13. BINDING CONTRACT: Upon issuance of a BPA Call by an authorized Authorized Ordering individualIndividual, a binding contract shall be established between the Contractor and the Contracting Activity/Government. All vendors are cautioned that they are not to accept BPA Calls against the BPA from any individual that is not a Contracting Officer, Contract Specialist or, Purchasing Agent, or Authorized Ordering Individual with the US Army Corps of Engineers, Portland District.

14. NON-PAYMENT FOR PROPOSALS: The Government shall not be liable for reimbursement of any Contractor proposal preparation costs for this Request for Quote (RFQ). Government makes no promise to award a BPA Call.

15. BPA CALL ORDER PROCESS: If Bidders receive a BPA. award, they must be able to accept credit card payments for all calls placed under the BPA. Since testing will be required to be independent, if a testing laboratory is being used by a government contractor, for the specific job where testing is required, that laboratory would not be eligible to receive the Call. Calls may be evaluated on price only or price and other factors in order to obtain the best value for the Government.

16. CANCELLATIONS/TERMINATIONS: This Agreement may be cancelled/terminated in its entirety at no cost by either party. The party desiring to cancel/terminate this Agreement shall serve to the other party a written notice of such intent at least thirty (30) calendar days prior to the effective date of the cancellation/termination. The parties agree that the cancellation shall have no effect on any Call not completed by the effective date of the cancellation/termination. The Contractor shall proceed diligently and complete such Calls under the terms and conditions of this Agreement.

BPA Master Dollar Limit: $250,000.00 BPA Call Limit: $25,000.00 Period of Performance: 5 years from date of agreement award.