Attachment_1_-_BPA_Terms_&_Conditions.pdf

REQUEST FOR QUOTATION HTC711-18-Q-R006

Attachment 1

A. TERMS AND CONDITIONS

1. Scope

Pursuant to Federal Acquisition Regulation (FAR) Part 13, Simplified Acquisition Procedures

(SAP), this Blanket Purchase Agreement (BPA) is established for commercial-off-the-shelf

(COTS) replacement parts for various government-owned container cranes, material handling equipment (MHE), container handling equipment (CHE), and non-tactical vehicles (NTVs). (see attachment 2 for a list of the commonly serviced equipment).

2. Products Available Under this BPA

New OEM Parts. The Contractor is required to provide new Original Equipment Manufacturer

(OEM) parts. If OEM parts are not available, the Contractor shall contact the Government

Representative (typically the Ordering Officer) for approval to defer from OEM parts. Upon approval by the Government Representative for suitability, the Contractor may tender other than

OEM products where it is determined that it is most advantageous to the Government.

Wrong/Defective Shipments. If the Contractor ships the wrong parts or defective products, the

Contractor shall promptly replace parts/products with the correct parts/products at no additional cost to the Government. The Contractor shall also be responsible for any fees associated with return shipment and re-stocking.

3. Delivery Terms

FOB Destination. Unless otherwise indicated, delivery is required at FOB Destination, which shall be at the Military Ocean Terminal Sunny Point (MOTSU) in Southport, NC 28461. Exact street address to be specified on each call order.

Required Delivery Dates. The required delivery date may vary depending on the Government’s knowledge of parts availability (e.g., routine brake pads vs. special order differential) and the urgency.

4. Extent of Obligation

A BPA is an Agreement, not a contract, and neither party is bound by its terms and conditions.

The Government is not obligated to purchase any definite amount under this BPA. If a need arises, an authorized representative of the Government may issue a call order following the procedures outlined in the BPA. If the BPA-holder accepts the order, then a binding contract between the Government and BPA-holder will exist for that specific order. If the BPA-holder refuses to accept orders or furnish quotations in compliance with the terms of the Agreement, then the Government reserves the right to cancel the Agreement with that BPA-holder.

Additionally, the Government may award new BPAs to better satisfy its requirements and maximize competition.

The Government shall only be obligated to the extent of authorized purchases actually made under this BPA. The BPA-holder shall not provide supplies or perform any work without a BPA call order issued to the BPA-holder by an authorized ordering official.

5. Obligation of Funds

This BPA does not obligate any funds. The Government is obligated only to the extent of authorized calls actually made under the BPA.

6. Effective Date and Duration of BPA

The effective date of this BPA shall be for a five-year ordering period from the date of establishment.

A BPA is considered complete when any of the following occurs: a) the cumulative value of call orders made under it reaches the ceiling (see dollar limitations below); b) it reaches its five-year maturity; or c) it is cancelled by either party.

7. Pricing

The Contractor shall provide container cranes, MHE, CHE, and NTV parts to the Government at those prices provided to its most favorable customers. All pricing is to be on a firm-fixed-price basis.

B. DOLLAR LIMITATIONS

The BPA ceiling for the cumulative value of all BPA call orders is $1,250,000.

The limit for individual BPA call orders is $500,000.

C. INDIVIDUALS AUTHORIZED TO PLACE BPA CALL ORDERS

The Contracting Officer will provide, via letterhead, a listing of Ordering Officers (OO) authorized to place calls and their respective dollar limitations per call. The letter shall be provided upon establishment of the BPA and will be updated as authorizations change.

Ordering Officer. Only OOs appointed by the Contracting Officer of USTRANSCOM AQ shall be authorized to place call orders against the BPA.

Contracting Officer. Any Contracting Officer assigned to USTRANSCOM may also place call orders against the BPA. In essence, the Contracting Officer is “dual-hatted” in regards to the

BPA; he/she has authority to function as either an Ordering or Contracting Officer.

D. BPA CALL ORDER PROCESS

Due to the wide variety and vast number of possible parts, the Government is not requesting the

Contractor provide an itemized pricelist upfront to include in the BPA. As the need for supplies arises, the Government will develop a price estimate. If the anticipated price of the requirement is not expected to exceed $3,000, the Government will follow the non-competitive procedures in paragraph 1 below. If the anticipated price of the requirement is expected to exceed $3,000, the

Government will follow the competitive procedures in paragraph 2 below. In an effort to attain best value, the Government reserves the right to follow the competitive procedures in paragraph

2 even when the order amount is not expected to exceed $3,000.

1. BPA Call Order Not Exceeding $3,000

The Government will select a BPA-holder for issuance of the order. This decision will be based on the Government's best interests, which may include factors such as estimated price, delivery, and past performance record. Competition of orders under this amount is at the discretion of the

Government.

2. BPA Call Order Exceeding $3,000 and up to $500,000

The Government will issue a competitive Request for Quote (RFQ) among the BPA-holders that can supply the required items by:

a. Requesting each BPA-holder provide, AT NO COST TO THE GOVERNMENT, a quote.

Whether or not the BPA-holder is selected for an individual order, the Government shall not be liable for any claim from the BPA-holder for the cost of providing the quote; and

b. Selecting the Contractor whose quote represents overall best value to the Government.

Selection will be based on a combination of factors. Price, delivery and past performance record will be the most commonly used factors to evaluate quotes.

E. DELIVERY TICKETS, INVOICING & PAYMENT

1. Delivery Tickets

The Contractor shall prepare a delivery ticket for each call order placed. The delivery ticket shall include the following information:

(a) Name of Supplier

(b) BPA Number

(c) BPA Call Number

(d) Date of Call and Name of the Authorized Ordering Officer

(e) Itemized list of supplies furnished

(f) Quantity, unit of issue, unit price and extended total price

(g) Name, Date and Signature of Government Representative .

Delivery Tickets shall be distributed as follows:

(a) Paper copy shall be provided to the Government Representative accepting delivery

(b) Soft copy to be emailed to the 1) Ordering Officer and 2) Contracting Officer

2. Invoices

A Summary Invoice shall be submitted monthly for this BPA for call orders placed for any given month. The invoice shall be submitted electronically via email to the 596th Transportation

Government Representative and the Contracting Officer and shall capture all deliveries made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value, and supported by receipt copies of the delivery tickets.

When requested by the Government, the Contractor shall provide additional documentation to support the Contractor’s invoice.

3. Payment

Payment shall be made for items accepted by the Government specified in each call order. The payment office shall be identified on each BPA call order document issued against the BPA. The

Government will make payment in accordance with Prompt Payment Act (31 U.S.C. 3903) and

Office of Management and Budget (OMB) Circular, A-125, Prompt Payment. FAR 52.232-25, Prompt Payment (Jan 2017) applies. The Government shall make payments under this BPA either using the Government Purchase Card (GPC) or by Electronic Funds Transfer (EFT).

F. COMMONLY USED TERMS/DEFINITIONS

Authorized Callers: Authorized individuals within the Contracting Office that established the

BPA

can place BPA calls.

Best Value: The expected outcome of an acquisition that, in the Government’s estimation, provides the greatest overall benefit in response to the requirement.

Blanket Purchase Agreement: A simplified method of filling anticipated repetitive needs for supplies or services by establishing “charge accounts’’ with qualified sources of supply.

Contracting Officer: US Government Official authorized to enter into, make changes to, or terminate contracts on behalf of the US Government. Contracting Officers are responsible for ensuring performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract, and safeguarding the interests of the United States in its contractual relationships.

Contractor: The BPA-Holder upon issuance of an individual BPA call order against this BPA is referred to as the Contractor under the individual BPA call order.

Micro-purchase Threshold: The micro-purchase threshold for supplies is currently $3,000.

Ordering Officer (OO): An ordering officer has, within the limits of assigned authority, the ability to sign, issue, and modify BPA Call Orders under this Blanket Purchase Agreements.

Under a BPA, the Ordering Officer may sometimes be referred to as an Authorized Caller.

Simplified Acquisition Procedures: The methods prescribed in Part 13 for making purchases of supplies or services.

Simplified Acquisition Threshold: Under the terms of this BPA, it means $150,000.