SOW_GRSSC-F18-RFQ-0005.doc

BPA NUMBER HHSI247200700021C

BPA NO.: (TO BE DETERMINED)

Pursuant to Federal Supply Schedule Contract No.: (TO BE DETERMINED) and Federal Acquisition Regulation (FAR) 8.405-3, Blanket Purchase Agreements (BPAs), (TO BE DETERMINED) is hereby awarded Blanket Purchase Agreement, (BPA) No. (TO BE DETERMINED) for the provision of diabetes medical supplies as required by required by Gallup Regional Supply Service Center (GRSSC).

(1) This BPA represents a pricing agreement whereby a price reduction has been offered by the contractor and accepted by the Government as allowed by FAR 8.405-3. The supplies that may be ordered under this BPA are listed on Attachment A.

(2) This BPA does not obligate funds nor does it require the Government to purchase a specific quantity of supplies from the contractor.

(3) Any supplies to be furnished under this BPA shall be ordered by issuance of delivery orders by the procurement staff at GRSSC as designated below. Such orders may be issued from (TO BE DETERMINED).

(4) The quantities of supplies specified are estimates only and are not purchased by this BPA. If the Government’s requirements do not result in orders in the quantities described as “estimated” in attachment A, that fact shall not constitute the basis for an equitable price adjustment.

(5) Delivery shall be made only as authorized by delivery orders issued in accordance with the BPA. The Contractor shall furnish to the Government all supplies specified and called for by delivery orders issued in accordance with the BPA. The Government may issue orders requiring delivery to multiple destinations.

(6) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under the delivery order, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(7) Any delivery order issued during the effective period of this BPA and not completed within that period shall be completed by the Contractor within the time specified in the order.

(8) Delivery shall be F.O.B. Destination to point of delivery as specified in each delivery order. The BPA price is inclusive of all delivery costs to any point of delivery within NAIHS.

(9) Delivery orders may be submitted via e-mail, telephone, and fax.

(10) Notwithstanding anything in the BPA to contrary, if a new supplies which are FDA-approved (TO BE DETERMINED) products that offer superior technology (the ‘New Product’) is introduced into the market and becomes available, then the facilities may upgrade to the Product by modification to the BPA with (TO BE DETERMINED).

(11) Authorized Ordering Individuals:

a. The authorized ordering officials, as listed below, shall represent the Government for the purpose of issuing and signing Individual Delivery Orders under this BPA.

b. The authority to obligate the Government shall be in accordance with the acquisition delegation of each individual’s authority.

c. The authorized individuals listed under Navajo Area Indian Health Service (NAIHS) shall issue delivery order ONLY in the absence of the GRSSC procurement staff.

NAIHS

NAME

AUTHORITY AMOUNT

Division of Acquisition Policy Margaret Shirley-Damon, CS

Unlimited Box 9020 Priscilla Duncan, CS

Unlimited

Window Rock, AZ 86515 Thomasina Willie, BS

$150,000

PH: 928/871-5863

DeeAndra Salabye, CS

$150,000

FAX: 928/871-1477

Michelle James, CS

$150,000

GRSSC

NAME

AUTHORITY AMOUNT

2400 Fuhs Ave.

Margaret Shirley-Damon, CS

Unlimited Gallup, NM 87301 Priscilla Duncan, cs

Unlimited

PH: 505/722-1578

Thomasina Willie, BS

$150,000

FAX: 505/722-1509

DeeAndra Salabye, CS

$150,000

Michelle James, CS

$150,000

(12) All deliveries under this BPA must be accompanied by packing slip that contains the following information as a minimum:

(a) Name of Contractor;

(b) BPA Number;

(c) Catalog and National Drug Code (NDC) Number;

(d) Delivery Order Number;

(e Date of Purchase;

(f) Itemized list of supplies, Quantity, Unit Price, and Total Amount for each item; and

(g) Date of Shipment.

(13) Packing slips shall contain the Delivery Order Number and the M-system Purchase Order No. for immediate identification by the GRSSC warehouse personnel.

(14) CONTRACTING OFFICER REPRESENTATIVE: SHEILA SILVA, DIRECTOR

PHONE NO: 505/722-1578

The Contracting Officer Representative is responsible for:

1. Monitoring the Contractor's technical progress, including surveillance and assessment of performance and recommending to the Contracting Officer changes in requirement;

2.

Monitoring timely delivery of products;

3.

Performing technical inspections and acceptance required by this contract; and

4.

Assisting the Contractor in the resolution of problems encountered in performance.

(15) Invoices are to be submitted to:

Gallup Regional Supply Service Center

Attn: FINANCE P.O. Box 3090

Gallup, NM 87305

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized), to the address designated in the contract to receive invoices. An invoice must include--

a. Name and address of the Contractor;

b. Invoice date and number;

c.

Contract number, contract line item number and, if applicable, the order number;

d.

Description, quantity, unit of measure, unit price and extended price of the items delivered;

e.

Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

f.

Terms of any discount for prompt payment offered;

g.

Name and address of official to whom payment is to be sent;

h.

Name, title, and phone number of person to notify in event of defective invoice; and i.

Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

j.

Electronic Funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(16) This BPA expires on (TO BE DETERMINED). In addition to FAR 8.406-4 and 8.406-5, either party may terminate this agreement by providing a 30 day written notice.

(17) Confidentiality: Both parties shall maintain the terms, conditions and the negotiations pertaining to this agreement as confidential and shall not disclose same to third parties except as necessary for the performance of this agreement or pursuant to requests under the Freedom of Information Act.

(18) CONTRACT CLAUSES

52.211.17 DELIVERY OF EXCESS QUANTITIES (Sept 1989)

The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefore, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor’s expense or retained and paid for by the Government at the contract unit price.

52.211-16 Variation in Quantity. (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

_0__ Percent increase [Contracting Officer insert percentage]

_0__ Percent decrease [Contracting Officer insert percentage]

This increase or decrease shall apply to each quantity specified in the delivery schedule.

ATTACHMENT A

NO.

NAME

Y/N

UNIT

OF

ISSUE

ANNUAL

USAGE

FSS

PRICE

OPEN

MARKET

PRICE

BPA PRICE

THE EFFECTIVE PERIOD FOR THIS BPA IS: (WILL BE DETERMINED)