Groceries BPA Terms Conditions.pdf

TERMS AND CONDITIONS

BLANKET PURCHASE AGREEMENT (BPA)

For Unprepared Meal Rations (General Groceries)

Puerto Rico Air National Guard (PR ANG) 156TH Wing – Muñiz Air ANG Base

200 Jose A. Tony Santana Ave., PR 00979-1502

1.0 GENERAL.

Background. The 156th Wing (WG), Puerto Rico Air National Guard (PR ANG) has a requirement to provide groceries supplies for Regularly Scheduled Drills, Reschedule Drills, Annual Trainings, Emergencies or any circumstances that require food supplies for meals preparation. Please note that Federal Acquisition Regulation (FAR) Part 13.303-1, FAR Part 12 and DFARS Part 213.303 apply to this BPA. Request for Quotes (RFQ) is being used for procuring of Food Supplies Services as needed from 1 April 2023 – 31 March 2028. The 156th Wing (WG) intends to award at least Two (2) Blanket Purchase Agreements (BPA) for 5 years with a BPA limit of $400,000.00.

2.0 Description of Agreement. The PR ANG through the Force Support Squadron has a requirement for food supplies deliveries to provide food to service members performing training at Muñiz, ANGB determined by the Food Services Manager. Food Supplies services will occur primary during RSD/RD status for personnel however there will be occasions that food supplies will be required for other trainings such as Annual Training or Special Training missions at Muñiz, ANGB or in another authorized location. The Government will establish a BPA with the responsible business whose quote, conforming to the solicitation and associated Statement of Work (SOW) will be most advantageous to the Government. Awarded offer is to be deemed the lowest evaluated offer that demonstrates having all the required capabilities to conduct aforementioned services, if a business’s quote is found to be capable and demonstrates knowledge of the required tasks in accordance with this solicitation. Price may be the determining factor. The objective of this agreement is to provide the business framework for expedite these critical services while achieving the best terms, conditions and pricing. Additionally, the PR ANG seeks to streamline invoicing, billing, payment, ordering and delivery processes. The primary method of payment shall be through Wide Area Work Flow (WAWF).

This is a Small Business Set Aside under the National American Industry Classification System (NAICS) code 311999, “All Other Miscellaneous Food Manufacturing”.

2.0 BPA AUTHORITIES.

2.1 Contracting Officer’s Authority. The PR ANG Base Contracting Officer (hereafter BCO) is the ONLY person authorized to direct changes in any of the requirements under this BPA and notwithstanding any provisions contained elsewhere in this BPA, said authority remains solely with the BCO. In the event the contractor effects any such unauthorized change at the direction of any person other than the BCO, implementation of such change shall be considered made without authority and solely at the risk of the contractor.

2.2 Contractor’s Authority. The contractor shall not accept any instructions issued by Government personnel other than those given by the BCO or the Contracting Officer’s Designated Government Representative acting within the limit of his/her written authority.

The contractor shall not in any way represent that he/she is a part of the U.S. Government or that he/she has any authority to contract or procure supplies under the account of the United States of America or the PR ANG.

3.0 TERMS OF THE BPA.

3.1 The term of this BPA shall be one base (1) year from date of the signature and (4) option years or a BPA total dollar value cap of $400,000.00 whichever occurs first. Additionally, no single “call” or “order” shall exceed $20,000.00. The BPA shall be reviewed on an annual or basis by the 156th WG Contracting Office staff to assess contractor performance and to determine whether this agreement remains in the best interest of the 156th Wing/Puerto Rico Air National Guard.

4.0 EXTENT OF GOVERNMENT (PR ANG) OBLIGATION.

4.1 Payment shall be authorized for any valid request for quotes the authorized Contracting

Officer’s Designated Government Representative in the 156th WG set forth in this agreement.

4.2 The PR ANG is tax exempt from State, Municipal, or other taxes. Taxes shall not be included on any invoice.

4.3 The extent of the Government’s (PR ANG) obligation shall be limited ONLY to charges set forth in price lists offered by bidders to whom BPA is awarded to. These lists are to be incorporated into eventual Master BPA (S) any additional charges not in the price lists will not be paid by this agreement unless an amendment is issued.

5.0 OBLIGATION OF FUNDS.

5.1 This BPA DOES NOT obligate any funds. Funds shall be obligated when Call Orders (aka “Calls”) are placed against this BPA by the Base Contracting Officer. The government is only obligated to the extent of authorized individual purchases (Calls) actually placed against this BPA.

6.0 PRICING.

6.1 Pricing under this BPA shall be subject to the following requirements:

6.2 Contractor shall indicate the BPA pricing offered per each of the general groceries items by completing the spreadsheet titled “Catalog-Table 1” sheets in its entirety. Incomplete offers shall render the offer as unresponsive.

6.3 Contractor shall continuously review and update pricing to remain competitive at open market rates throughout the life of the agreement.

6.4 For all pricing negotiated with the placement of this BPA, the following shall apply:

6.4.1 Pricing may decrease at any time without the Contracting Officer’s approval.

6.4.2 Additional services above and beyond those minimum requirements identified in the associated statement of work may be added by the contractor to any rate at any time, provided that any additional items provided do not increase the price of those items.

6.4.3 Price changes resulting in an increase to the agreed upon price plan require written approval of the Contracting Officer.

6.4.4 If the Contractor and/or Contracting Officer do not agree on pricing, this BPA shall not be utilized.

6.4.5 The Contracting Officer’s approved Price Lists shall be provided on a separate document. The contractor may invoice at rates lower than those rates on the Approved Price List, but shall not invoice for a higher dollar amount.

7.0 AUTHORIZED BPA USERS.

7.1 . Requests placed against the BPA to enact services shall only be made by the Contracting

Officer or the Contracting Officer’s Designated Government Representative set forth in this solicitation Terms & Conditions. Any other PR ANG member making requests shall pay for the costs incurred at their own expense (THIS EXPENSE SHALL NOT BE PAID BY THE

U.S. GOVERNMENT).

8.0 INDIVIDUALS AUTHORIZED TO PLACE ORDERS AGAINST THIS BPA.

8.1 Contracting Officer’s Designated Government Representative appointment are as follows;

MSgt Raymond Rosa Primary TSgt Carlos Ortega Alternate SSgt Giovanny Sanchez Alternate SSgt Eric Ortiz Alternate SrA Joel Otero Alternate

9.0 CALL / PURCHASE LIMITATION.

9.1 Individual call orders issued against this BPA shall NOT exceed $20,000.00. The aggregate of all call orders issued against this BPA shall not exceed $80,000.00 yearly.

10.0 BPA CALL ORDERS.

10.1 Call Orders will be placed against this BPA individually (aka “Calls”). A BPA Call Order number is a four-digit sequential numeric identifier of each order placed. Each Call Number shall correspond to a single billing cycle’s transactions. Billing cycles shall begin on the first of the month, and conclude on the last day of the month. For example, all services provided by the Contractor throughout April 2022 (1st-30th of the month) shall correspond to Call #6001. All requests for service made by the Contracting Officer’s Designated Government Representative to the Contractor throughout the month of January shall be included in June’s billing cycle. Sequentially, all services provided throughout the month of May 2022 (1st-31st of the month) shall correspond to Call #6002, and so on. Alternative billing cycle dates may be used at the discretion and approval of the Contracting Officer.

10.2 Authorization for placing and administering Call Orders under this BPA is solely the responsibility of the Contracting Officer up to the $20,000.00 Call Limit. This authority may only be re-delegated to other 156th WG Contracting Office Staff personnel who possess the appropriate warrant.

11.0 CALL ORDER PROCEDURES.

11.1 Call Orders shall be issued on a need basis. The Contracting Officer’s Designated

Government Representative will provide a request to the contractor in which the 156th WG has entered into a BPA. This request may also be made by the Contracting Officer. When requests are issued, the Contracting Officer shall assign a “Call Number” for each month in which service is required. The description of the items required shall be placed on a “Call Sheet” by the Contracting Officer’s Designated Government Representative, which is submitted to the Contractor when either:

11.1.1 When requirements for services have been identified

11.1.2 The Contracting Officer’s Designated Government Representative has reached the maximum Call Limit ($20,000.00)

11.2 There is no stated minimum number of requests for services for any given Call Order that is issued; however, the individual Call Limit of $20,000.00 shall not be breached in any case where groceries are required.

11.3 The Contracting Officer’s Designated Government Representative shall provide the contractor with a request for quote for each call. Call sheets will be provided to the contractor no later than 1 week prior to any regularly scheduled service/CALL.

12.0 INVOICE REQUIREMENTS.

12.1 Invoices / folios shall be provided for each Call Number placed against this agreement and shall contain the following information:

12.1.1 Contractor’s name, telephone number and physical address

12.1.2 The appropriate BPA number (e.g., W50S9322A0001)

12.1.3 The BPA Call Number issued by the 156th WG (e.g., 6001, 6002, 6003, etc.)

12.1.4 Dates of billing cycle (e.g. 1 DEC 2022 to 31 DEC 2027)

12.1.5 Itemized list of items delivered/inspected

12.1.6 Required invoicing documentation shall be sent to the Contracting Officer’s Designated Government Representative / 156th WG Mission Support Contracting not later than 7 Business days after the billing cycle has ended.

This information shall be emailed to: danny.carrasquillo_neira.1@us.af.mil

12.1.7 The primary method of invoicing shall be through Wide Area Work Flow (WAWF); however use of the Government Purchase Card may be available.

12.2 The Contracting Officer’s Designated Government Representative (Ordering Officer) is responsible for reviewing the invoice for accuracy and for ensuring that invoices are properly and accurately documented through WAWF procedures.

12.3 The contractor is expected to correct deficiencies brought to its attention by the Government or otherwise known by the contractor in as expedient of a manner as possible. The contractor shall prepare and submit invoices in accordance with paragraph 12.1.

13.0 PAYMENT METHOD.

13.1 The primary method of payment shall be through Wide Area Work Flow (WAWF); however use of the Government Purchase Card may be available.

14.0 ADDITIONAL CONSIDERATIONS.

14.1 The following shall apply to all BPAs established by the 156th WG Mission Support Contracting

14.1.1 SUBCONTRACTING. The contractor shall furnish deliveries at a location agreed to by the Contracting Officer. The contractor shall not subcontract services not specified in the BPA without prior written approval from the Contracting Officer.

14.1.2 ILLEGAL ACTS. The contractor shall not knowingly condone illegal acts on the premises on Government property while performing deliveries.

14.1.3 QUALITY ASSURANCE. The Contracting Officer’s Designated Government Representative will monitor the contractor’s performance and may use command surveys to solicit feedback from occupants to ensure terms, conditions and specifications of services are met.

14.1.4 EVALUATION OF CONTRACTOR PERFORMANCE. The Government

may issue out command surveys from the command team to contractor to assess performance requirements and deliverables set forth in the BPA. The comments from the surveys will be evaluated against the requirements of the BPA.

15.0 GOVERNMENT FURNISHED ITEMS.

15.1 The US Government will provide the following in support of this BPA:

15.1.1 A copy of the Blanket Purchase Agreement.

15.1.2 A copy of Appointment Letter identifying all designated Contracting

Officer’s Designated Government Representatives who are authorized to issue service requests against the BPA. This will be updated and provided to the contractor on an as-needed basis.

15.1.3 If a BPA is established and pricing accepted, a Price List identifying official pricing list for general groceries items shall be provided to the contractor. This will be updated and provided to the contractor on an annual or “as needed” basis.

15.1.4 Call Sheets (rosters) to the Contractor shall be provided by the Contracting Officer’s Designated Government Representative as requests are issued.

16.0 SYSTEM FOR AWARD MANAGEMENT.

In order to award a BPA to a contractor, the contractor must first be registered in the System for Award Management website (https://sam.gov/SAM/) and maintain their registration currency by renewing the registration annually. The Contractor shall provide their CAGE code, DUNS Number, and Federal Tax ID Number with their quote.

Glossary

1) Base Contracting Officer (BCO) a.k.a. Contracting Officer, CO, KO = the ONLY Government official with the authority to modify, change, cancel or otherwise deviate from the contract (agreement) in any manner.

2) Blanket Purchase Agreement (BPA)

Agreement between the Government and a contractor; it is not a contract.

3) Call An order or award against the BPA that creates an obligation.

4) Call Number The four digit number (i.e. 6001, 6002, etc.) associated with each individual Call.

5) Contracting Officer’s Designated Government Representative Designated 156th WG(PR ANG) member(s) who are appointed in writing by the Contracting Officer to place calls against the BPA.

6) Defense Federal Acquisition Regulation Supplement (DFARS)

DoD Supplement to the FAR governing the implementation of this BPA.

7) Department of Defense (DoD) Agency under which the PR ANG operates.

8) Deficiency

Refers to a material failure to meet a Government requirement.

9) Federal Acquisition Regulation (FAR) Federal regulation governing the implementation of this BPA.

10) Government Purchase Card (GPC)

A charge card used by the Federal Government to pay for supplies and services.

11) Hotel/Motel Room Referred to as contract housing, billeting, troop housing, or reservation(s) in the document.

12) Modification (MOD)

A written change to a contract or agreement that can be uni-laterally or bi-laterally agreed to by both parties.

13) P.R Air National Guard (PR ANG)

The organization offering this agreement. Referred to as 156th Wing, 156 WG, or Government is this document.

14) Obligation

A definite commitment that creates a legal liability of the government for the payment of goods and services ordered or received.

Point of Contact (s)

MSgt Danny Carrasquillo, Contract Specialist, Phone 787-289-1400 Ext.7627, email danny.carrasquillo_neira.1@us.af.mil

Angel F. Solis, Contract Specialist, Phone 787-253-5238, email: angel.solis.2@us.af.mil

Primary Place of Contract Performance:

Puerto Rico Air National Guard (PR ANG)

156TH WING MUÑIZ AIR NATIONAL GUARD BASE

200 JOSE A SANTANA AVE, CAROLINA, PR 00979-1502