Tab_6a.BPA_Terms_and_Conditions.pdf

THIS DOCUMENT IS TO BE COMPLETED AT THE TIME OF

AWARD

LOWEST PRICE TECHNICALLY ACCEPTABLE

BLANKET PURCHASE AGREEMENT (BPA)

SIMPLIFIED ACQUISITIONS – OPEN MARKET

U.S. CUSTOMS AND BORDER PROTECTION – CANINE ENFORCEMENT

PROGRAM

In the spirit of the Federal Acquisition Streamlining Act U.S. Customs and Border Protection and (Contractor Name) enter into an agreement to further reduce the administrative costs of acquiring commercial items.

Commercial Item BPAs eliminate contracting and open market costs such as: the search for sources; the development of technical documents and solicitations; and the evaluation of bids and offers.

This BPA will further decrease costs, reduce paperwork and save time by eliminating the need for repetitive, individual purchases. The end result is to create a purchasing mechanism for the Government that works better and costs less.

Signatures:

AGENCY DATE CONTRACTOR DATE

BPA NUMBER TBD AT TIME OF AWARD

U.S. CUSTOMS AND BORDER PROTECTION

BLANKET PURCHASE AGREEMENT

Pursuant to Federal Acquisition Regulation Subpart 13.303, a Blanket Purchase Agreement (BPA) is hereby established between (Contractor Name) and the U.S.

Customs and Border Protection under the following terms and conditions incorporated in this BPA.

ADMINISTRATIVE DATA

Primary Point of Contact: (COMPLETED AT THE TIME OF AWARD) (Complete name, title, business address, electronic mail address and phone number)

Taxpayer Identification No.

Alternate Point of Contact

North American Industry Classification (NAIC) Code: 561210 Description: Detention Facility Services Size Standard: $38,500,000.00

The BPA Holder represents that (check all that apply):

It is □ is not □ a small business concern

Complete the following only if a small business concern:

It is □ is not □ a small disadvantaged business concern

It is □ is not □ a women-owned small business concern

It is □ is not □ a veteran-owned small business concern

It is □ is not □ a service-disabled veteran-owned small business

It is □ is not □ a Hub-Zone small business co

(1) AUTHORITY - The authority to establish this BPA is FAR 13.303

(2) DESCRIPTION OF AGREEMENT

Under this agreement, the BPA Holder shall provide to U.S. Customs and Border Protection (CBP) with Detention Services in support of the Office of Field Operations need for temporary detainee holding in the Laredo Sector. The services identified on the BPA Price List shall be provided for by the contractor when requested by the Contracting Officer. This BPA will primarily focus on support for the needs of the Office of Field Operations in Laredo, TX.

(3) SERVICES AVAILABLE UNDER THIS BPA

See the attached statement of work and the Blanket Purchase Agreement Pricing Schedule.

(4) DELIVERY REQUIREMENTS

There are no supply deliverables within the scope of work.

(4) PRICING

Prices to CBP shall be no greater than those charged to the BPA Holder's most favored customer for comparable quantities under similar terms and conditions, in addition to any discounts for quantity, prompt payment, etc. The prices listed on the BPA list that are in effect on the date of the order shall govern that order, unless more favorable pricing is negotiated.

Other Direct Costs (ODC) may be needed on a cost-reimbursable or fixed price basis.

These will be identified by the individual task order.

(5) TERM OF THE BPA

This BPA expires on TBD. This BPA may not exceed a total of five (5) years in length.

If the BPA Holder fails to perform in a manner satisfactory to the Contracting Officer, this BPA may be canceled with 30 days written notice to the BPA Holder by the CO.

Task orders generally will be issued for no more than 12 months. However, a task order may be extended for a longer period by modification as warranted by circumstances arising during the administration of the task order.

(6) EXTENT OF OBLIGATION/VOLUME/PURCHASE LIMITATION

This BPA does not obligate any funds. Funds will be obligated by the placement of task/delivery orders or by the use of a Government-wide commercial credit card.

The Government estimates, but does not guarantee, that the volume of purchases through this agreement will be $TBD.

The overall total purchase limitation for this BPA shall not exceed the dollar value stated above, which will be referred to as the BPA ceiling.

(7) AUTHORITIES

Only a CBP Contracting Officer may authorize changes in the terms of the BPA during the effective period; renew the BPA for additional periods; or terminate the BPA.

8.1 CONTRACTING OFFICER'S AUTHORITY (MAR 2003)

(Modification of CBP Clause G.4)

The Contracting Officer is the only person authorized to approve changes in any of the requirements of this task order. In the event the BPA Holder effects any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority, and no adjustment will be made in the task order price to cover any increase in costs incurred as a result thereof. The Contracting Officer shall be the only individual authorized to accept non-conforming work, waive any requirement of the task order, or to modify any term or condition of the task order. The Contracting Officer is the only individual who can legally obligate Government funds. No cost chargeable to a proposed task order can be incurred before receipt of the fully executed task order or specific authorization from the Contracting Officer. [End of Clause]

A CBP Contracting Officer’s Technical Representative (COTR) will be appointed for each task order issued under this BPA. The clause below is applicable to individual task orders. Where the term “contract” is used, “task order” should be substituted.

8.2 HSAR 3052.242-70 CONTRACTING OFFICER'S REPRESENTATIVE

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer’s Representative (COR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COR under the contract.

(b) The Contracting Officer cannot authorize the COR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer. [End of Clause]

(8) PREVAILING TERMS AND CONDITIONS

All orders placed against this BPA shall also be subject to the Commercial Items terms and conditions established above. In addition, all clauses and provisions in full text or incorporated by reference herein shall apply to orders under this BPA only.

(9) GENERAL ORDERING PROCEDURES

Any services to be performed under this contract shall be ordered by issuance of task/delivery orders or by an authorized Government purchase card holder. Such orders, also referred to as a “BPA Call”, may be issued at any time during the period of performance of this agreement provided that any order/BPA Call issued shall be completed within the period of time specified in the order. Government Purchase Card Holders authorized to place orders against this blanket purchase agreement will be identified within this section.

Ordering of services under this agreement shall be accomplished as follows:

Task Order Issuance:

1) The Contracting Officer (CO) will forward a task order request to the Contractor which will describe technical requirements for services or supplies requested. The task/delivery order shall also describe the period of performance dates for which the requirements of that particular task order will be completed within. Where possible, requirements may be described using a Statement of Work. All orders will be issued in accordance with terms and conditions of this agreement and the pricing established for that particular period of time.

2) All task orders issued under this contract shall conform to the provisions of contract clause FAR 52.216-18, "Ordering"; contained in the base agreement.

3) The only office(s) authorized to issue delivery orders under this contract are:

U.S. Customs and Border Protection Office of Administration Procurement Directorate

4) Oral orders under this contract are not authorized.

Purchase Card Orders/ BPA Calls

1) In accordance with FAR 32.1108, Payment by Governmentwide Commercial

Purchase Card; this BPA authorizes Government purchase-card holders to place orders/calls at or below their designated purchase card limit. The Government purchase cardholder, whom has been authorized by the contracting office to make payments under this BPA via their issued Government-wide purchase card; may not place any orders that will exceed the BPA ceiling within any given performance period. Payment(s) made via a Government-wide purchase card shall only serve as a payment method to pay for supplies and/or services identified in the statement of work. All BPA Calls issued under this contract shall comply with the provisions of FAR clauses FAR 52.216-18, Ordering; and FAR 52.232-36, Payment by Third Party. The Government is obligated only to the extent of authorized purchases actually made under the BPA. No individual call under this agreement shall exceed $25,000.00. The vendor has the right to decline performance. The BPA ceiling for each performance period is listed below:

Period of Performance Dollar Ceiling Year 1: 06/01/2015 – 05/31/2016 $TBD Year 2: 06/01/2016 – 05/31/2017 $TBD Year 3: 06/01/2017 – 05/31/2018 $TBD Year 4: 06/01/2018 – 05/31/2019 $TBD Year 5: 06/01/2019 – 05/31/2020 $TBD

2) Government purchase card holders authorized to make payments via their

Government-wide purchase card for supplies and/or services under HSBP1015A00XXX are as follows:

• (PMO Name)

(PMO Title) U.S. Customs and Border Protection Office of Field Operations Laredo Sector

No other individuals shall be authorized to use a government purchase card for making payments on behalf of CBP for services/supplies rendered under this BPA.