Attachment_3_-_BPA_Terms_and_Conditions.pdf

RFQ FA8003-18-R-0004

Attachment 3 - BPA Terms and Conditions

BPA TERMS AND CONDITIONS

All terms and conditions herein are supplemental to the existing terms and conditions of GSA’s Schedule 71.

1. Description of Agreement: The contractor shall furnish quotes in accordance with

Attachment 5 – Pricing Matrix when requested in writing by the warranted Contracting Officer (CO) or authorized Government Purchase Card (GPC) holder via GSA eBuy. Items within the Attachment 5 – Pricing Matrix shall be on the Contractor’s GSA schedule at time of award and throughout the duration of the BPA. Items not contained within Attachment 5 – Pricing Matrix shall not be accepted in orders placed against this Agreement.

2. Duration of BPAs: The anticipated ordering period for the subject agreement is five consecutive years (01 OCT 18 – 31 SEP 23) . Delivery against Calls may extend beyond the effective period of this BPA. However, no new Calls may be issued once the five (5) year ordering period of this BPA has expired.

Additionally, should a Contractor’s GSA Schedule 71 contract expire during the ordering period, the BPA expires on the same date as the GSA Schedule contract, and no new Calls may be accepted after that date. In accordance with FAR 8.405-3(d)(3), Contractors may be awarded BPAs that extend beyond the current term of their GSA Schedule contract, so long as there are option periods in their GSA Schedule contract that, if exercised, will cover the BPA's period of performance. The Government reserves the right to cancel the BPA at any time by issuing a 30 day written notice of such to the BPA holder from the CO.

3. Extent of Obligation: The Government is obligated only to the extent of authorized purchases made under the BPA. This BPA shall not be construed as a guarantee by the Government to issue Calls/orders.

4. Individuals authorized to purchase under the BPA: The only individuals authorized to place Calls against this BPA are warranted COs and authorized GPC holders up to their purchase limitations. Calls may be placed by the following organizations:

a. Air Force Installations – CONUS and Hawaii and Alaska

b. Air Force Reserve Command/Air National Guard– CONUS

c. United States Army Corps of Engineers (USACE) – when supporting AF customers

Contractors shall NOT accept any order forms that have not been digitally signed at the top of the ordering form. This signature validates the caller is a warranted CO or authorized GPC holder.

** Note that the Air Force reserves the right to add additional authorized users, if necessary.

This may include other branches of the military or other government agencies. Any such changes will be discussed with Contractors in advance prior to being made effective.

5. Delivery: Each chair shall be properly marked, in a hidden but readily available location, with manufacturer’s name, part number, BPA number, BPA call number, and the month and year of delivery or provide serial numbers that would provide this information. The Contractor shall ensure all owners’ manuals, training material addressing the ergonomic features and adjustments of seating, warranty information, maintenance and care instructions, operating instructions, and any other information/documentation is provided to the accepting government representative upon completion of the installation.

Contractors shall meet delivery requirements of AF customers. The expected delivery schedule at the Call/order level is 45 days after placement of order, unless otherwise stated. If there are any delivery issues, Contractors shall proactively address them with customers and/or the AF Office Seating Program CO. Contractors shall provide notification to the government ordering representative at least 5 days prior to delivery. The Contractor shall be responsible for all damages incurred during shipping and installation. Contractor shall unload truck or delivery vehicles; remove office seating from packaging or boxes; perform all required assembly in accordance with the manufacturer’s instructions; place office seating in building(s); and remove and dispose of all refuse, waste, and debris. Contractor shall be responsible for all personnel, equipment, tools, materials, supervision, storage, assembly, transportation, incidentals and all other items necessary to provide and deliver office seating.

Contractor shall ensure that the seating is free of surface dirt and defects, and that the chair assembly is complete and the seating is ready to use. Contractors are not to use protective materials that will leave any type of residual print, outline, or imaging on seating or seating fabric.

6. Delivery Tickets: All shipments under this Agreement shall be FOB Destination and accompanied by delivery tickets that shall contain the following information:

a. Name of supplier;

b. Name of manufacturer;

c. BPA number;

d. Purchase/call number;

e. Itemized list of items furnished;

f. Date of delivery or shipment;

g. Receiving Office/Unit.

7. Invoices: Contractor shall submit an invoice for each Call/order placed through Wide Area Work Flow (WAWF) in accordance with DFARS 252.232-7006 Wide Area Work Flow Payment Instructions, May 2013. Invoicing information will be established at the Call level.

8. Contractor Reporting: Contractor shall submit, quarterly reports, on a government fiscal year’s quarterly basis on the following days (15 Jan, 15 Apr, 15 Jul, and 30 Oct). Instructions, including the delivery address and point(s) of contact, are located on Attachment 6 – Quarterly Reporting CDRL.

9. Warranties: Contractor shall provide all manufacturer warranties. Please note that the

Contractor shall ultimately be responsible for ensuring that warranty work is successfully completed for any furniture items purchased under the BPA. If the contractor offers a manufacturer warranty that exceeds the 10 year minimum warranty required in the BPA, then the warranty offering the longest time of coverage will be honored and enforced by the contractor. Warranty actions taken will be discussed during annual reviews.

10. Annual Review: The CO will review the BPA agreement on an annual basis for any changes or updates that could affect the agreement. Up to 30 days prior to the annual review, Contractors will be allowed to submit chair substitutions offered at the same price or less. Any chair substitution will be subject to meeting all requirements for that particular chair type. At annual review the CO will approve/reject submissions.

11. Nonmanufacturer Rule (NMR): The NMR applies to this acquisition. Contractors must be in compliance as a waiver or exception to the NMR is not applicable to these BPAs. See CFR

121.406 and FAR 19.502-2 for more information.

12. Price Adjustments: While the underlying GSA Schedule contract may permit price increases to pricing of the GSA’s schedule agreed upon prices, GSA’s agreement to increase prices under the GSA schedule does not bind the AF to permit price increases to the NTE prices competed and awarded under this RFQ. For example, if there is an extreme increase (or decrease) in the price of steel and/or plastic, the Government will determine if it is appropriate to provide all vendors similar adjustments to their NTE prices done at the discretion of the CO.

13. Cancellation of BPA: At the Government’s discretion, the Government may cancel the BPA at any time by notifying (in writing by letter or email) the awarded Contractor at least 30 days in advance. BPA cancellation does not release the Contractor from the duty to continue awarded Call performance. Ongoing orders shall be completed. Termination procedures for Calls are addressed in the underlying Schedule contract and FAR 8.406-4 and 8.406-5.

14. Program Performance Standards: This is an Air Force-wide strategic sourcing program.

Success is contingent upon successful performance of all Contractors within the program. Not meeting these performance standards can be grounds for BPA cancellation at the CO’s discretion. Specifically, the AF expects the following performance standards to be met by Contractors throughout the entirety of their BPAs:

a. Data reporting. Contractors shall submit complete, accurate, and timely data reports in accordance with the quarterly data reporting requirements of the BPA. Quality data is necessary for making future decisions and improvements regarding the AF Office Seating Program. The quarterly reporting CDRL (Attachment 6 – Quarterly Reporting CDRL) is not separately priced and will be included in the chair price list.

b. Quality. Contractors shall ensure product quality is maintained throughout the performance of the BPA and only provide the approved products in Attachment 5 – Pricing Matrix.

c. Customer Service: Immediate customer service (Sales, delivery, product questions, warranty, and product servicing) to all CONUS locations and regions shall be available during standard business hours for those locations. The Contractor shall satisfy all customer’s reasonable complaints in a timely and professional manner.

15. Call Ordering Procedures: The following ordering procedures apply to all Calls issued under this BPA. Any chairs furnished under this BPA will be ordered by issuance of Calls via GSA eBuy. In addition:

a. Only a warranted CO or authorized GPC holder can issue a Call under this BPA.

b. All Calls are subject to the terms and conditions of the BPA and the underlying GSA

Schedule. In the event of conflict between a Call and the BPA, the BPA will take precedence.

c. Under this BPA, Call/order level awards are Fixed Price.

d. Shipping/Delivery costs will be priced at the Call/order level (FOB Destination).

e. No work shall be performed and no payment will be made except as authorized by a

Call. The Contractor shall not proceed with any work pursuant to this section until a written Call is issued by the appropriate CO or GPC holder.

f. Call award(s) will be made to the Contractor whose quote is determined to be the lowest price. The Government’s selection decision on each Call evaluation shall be final.

g. Calls will be generated and distributed using GSA eBuy. However, the Government reserves the right to transition to other e-ordering portals that may arise in the future.

Should a different e-ordering portal become a viable option and the AF transitions from GSA eBuy, Contractors will be required to transition to the new e-ordering portal since it is a term and condition of the BPA. Contractors will be required to adhere to the terms of the new e-ordering portal if it occurs. Should transition to a new e-ordering portal occur during the BPA, Contractors shall upload their products and pricing to the new e-ordering portal.

h. All pricing at the Call/order level must be at or below the BPA NTE Price/Chair for the product as identified in Attachment 5 – Pricing Matrix, regardless of the number of chairs ordered. Further discounting below the NTE price is encouraged at the Call/order level.

i. In accordance with FAR 8.405-1(b), ordering activities may place orders at, or below, the micro-purchase threshold with any Federal Supply Schedule contractor that can meet the Agency's needs.

16. Point of Contact: The primary point of contact for this BPA is listed below. Address all questions or concerns to this work flow mailbox:

AF Office Seating Mailbox Enterprise Sourcing Squadron

771 ESS/EGC

1940 Allbrook Drive, Bldg 1, Suite 300 Wright-Patterson AFB, OH 45433

Email: AFICA.Office.Seating@us.af.mil mailto:kristina.vineyard@us.af.mil