Attach_3_Terms_and_conditions.doc

FA4417-16-T-0057

Attachment 3

2. TERMS AND CONDITIONS OF USE

2.1 Negotiation Authority: The issuance of individual calls under this blanket purchase agreement (BPA) will be made under the authority of FAR 13.303-5

2.2 Description of Agreement: This agreement is offered for Special Tactics Personal Equipment Management System for 24 Special Operations Wing during the period of 1 Oct 2016 through 30 Sep 2017.

a. Either party may modify or may cancel this Agreement, including paragraphs a. and b. hereof, in its entirety upon thirty (30) days written notice to the other party. The Government may cancel this Agreement at any time if the parties fail to agree upon any deletion, amendment, or addition to this Agreement which statute, Executive order, the FAR and/or this Supplement requires. No deletion, modification, addition to, or cancellation of this Agreement shall affect any contracts therefore entered into between the parties in which this Agreement or portion thereof has been incorporated by reference.

b. This Agreement shall be reviewed, as a minimum, annually before the anniversary of its effective date, and revised to conform to all requirements of statues, Executive orders, or the FAR and its Supplements. An agreement modifying this BPA or the issuance of a superseding BPA shall evidence this revision.

2.3 Pricing: The prices set forth in the Vendor/Contractor's Price List shall be as low as, or lower than those charged the Vendor/Contractor's most favored customer for comparable services under similar terms and conditions in addition to any discounts for prompt payment.

2.4 Price List: The Vendor/Contractor will furnish the Contracting Officer (see Block 6 Page 1, of BPA for address) a price list in 2 copies for items they propose to furnish under this Agreement. Each Price List shall include the Vendor/Contractor's name, BPA number, and the period covered (date on which the Price List begins and expires).

2.5 Price Changes: No price changes (increase) may be made unless approved by the Contracting Officer. The Vendor/Contractor shall furnish a written request for price changes to the Contracting Officer, at least thirty (30) calendar days’ prior to the effective date, to permit review, approval, and distribution to ordering activities before the amended price becomes effective. The authorized price will be that which is approved and in effect at the time of call placement. If prices are expected to change frequently, the Vendor/Contractor must provide monthly price lists to arrive in the Contracting Squadron prior to the effective date of the change. Calls will be made for only the items that appear on the APPROVED PRICE LIST. The Contracting Officer is the only person authorized to conduct negotiations or solicit prices and additional requirements. The Contractor may offer a discounted price for any item on the price at any time without authorization or approval and is encouraged to do so.

2.6 Purchase (CALL) Limitation: No individual Call under this agreement shall exceed the amount identified by the Authorization Letter as provided by the Contracting Officer. The Authorization Letter shall identify the position and organizational component and maximum call limitation. The Contracting Officer may place calls up to $150,000.00 for this BPA. No individual purchase call shall be placed by the Government or accepted by the Contractor that exceeds $150,000.00 without the approval of the Contracting Officer.

There will be 2 methods used for placing Calls for this agreement. De-centralized and Centralized. De-Centralized orders will be placed by authorized individuals identified in the “Individuals Authorized to Place Calls Against BPA” (issued to awardee after award of the agreement) and will not exceed $25K per individual Call. Centralized orders will be placed by the Contracting Officer for Calls valued over $25K but not exceeding $150K.

NOTICE OF INDIVIDUALS AUTHORIZED TO PLACE CALLS AND DOLLAR LIMITATIONS: A list of individuals authorized to purchase under this BPA, identified by title or position, or by name of individual, organizational component, and the dollar limitation per call, for each individual will be furnished to the contractor by the Contracting Officer. Calls received by the Vendor/Contractor from personnel not listed will not be honored nor will any resultant deliveries be accepted.Personnel placing calls shall identify themselves with their name, unit, and BPA number along with a call number approved by the contracting officer. DO NOT ACCEPT calls from anyone who is not listed on the authorization letter. PRODUCTS PROVIDED ON CALLS FROM ANYONE OTHER THAN PERSONNEL LISTED ON THE AUTHORIZATION LETTER ARE ACCOMPLISHED AT THE VENDORS/CONTRACTORS OWN RISK.

2.7 Extent of Obligation: The Government is obligated only to the extent of authorized calls actually placed against this BPA and shall not be liable in any manner in the event no calls are made; therefore, the vendor/contractor shall only supply items on the pre-approved price list that have been ordered by an approve person identified by the Contracting Officer.

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

a. Name of supplier

b. BPA Number and Call Number (such as F4417-16-A0015, 0001). The last four digits represent the call number

c. Date of Purchase (Call)

d. Purchase (Call) number

e. Itemized list of supplies or services furnished

f. Name of person placing the call

g. Quantity, unit price, and extended price of each item

h. Date of delivery or shipment

i. Submit invoices to: (For Centralized invoices see Block 15, Page 1 [DD Form 1155])

2.8 Invoices for Centralized Calls: An itemized invoice shall be submitted for each Call placed. It shall include a separate CLIN for each item ordered. All invoices shall be submitted in Wide Area Workflow (WAWF) in accordance with DFARS clause 252.232-7006 of this agreement.

Invoices for De-Centralized Calls: An itemized invoice shall be submitted for each Call placed. It shall include a separate CLIN for each item ordered. All invoices shall be submitted to the person identified in Contractor Information below who placed the Call order in accordance with FAR clause 52.232-36 of this agreement. Payment will be made using the Government Purchase Card (GPC).

2.9 CALLS: Calls (purchases) will be made by the Contracting Officer by formal correspondence. Contractor personnel receiving such calls should assure themselves that sufficient information is obtained to prepare the delivery ticket that the above applicable paragraph of this Agreement requires.

2.10 Designated Representative: The person(s) designated on the list furnished by the Contracting Officer of this agreement is/are the Contracting Officer’s representative(s) for the purpose of technical supervision, inspection, and acceptance under this BPA.

2.11 Inspection: An inspection of any and all items/services received under this Agreement will be conducted prior to acceptance.