SOW.doc

BPA NUMBER HHSI247200700021C

BPA NO.: (TO BE DTERMINED)

(TO BE DTERMINED)

Pursuant to Federal Acquisition Regulation (FAR) 13.303, Blanket Purchase Agreements (BPAs), (TO BE DETERMINED) is hereby awarded Blanket Purchase Agreement, (BPA) No. (TO BE DETERMINED) for the provision of laboratory/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 13.303. 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 products 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 new supplies/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 BPA (TO BE DTERMINED).

(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) POINT OF CONTACT: 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) OR 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.

52.246-2 Inspection of Supplies—Fixed-Price. (AUG 1996)

(a) Definition. “Supplies,” as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor’s or subcontractor’s premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time—

(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and

(ii) When the supplies will be ready for Government inspection.

(2) The Government’s request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor’s plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor’s plant at the Contracting Officer’s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor’s plant and return to the original point when that point is not the Contractor’s plant. If the Contractor fails to perform or act as required in paragraph (l)(1) or (l)(2) of this clause and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

ATTACHMENT A

GRSSC

ITEM NO.

NO.

NAME

Y/N

UNIT

OF

ISSUE

ANNUAL

USAGE

BPA PRICE

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