HVAC BPA SOW DRAFT.pdf

Section C - Descriptions and Specifications

SOW

1. The Contractor agrees to the following terms and conditions of a BPA exclusively with DPW, Fort Bragg, NC.

The Supplier agrees to furnish all supplies described herein, if and when requested by the Contracting Officer or authorized representatives of the Contracting Officer during the specified term of this agreement.

2. The Contracting Officer is the only person authorized to direct changes in any of the requirements under this BPA, and, notwithstanding any provision contained elsewhere in this BPA, said authority remains solely in the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, implementation of such change will be considered made without authority and solely at the risk of the Contractor.

3. Delivery Timeline Requirements. All ordered items identified on the ordering schedule shall be delivered within the time frame provided on the quote.

4. Points of Delivery. Requested supplies shall be delivered to Bldg. 249 located on Boxcar Street, Fort Bragg, NC

5. Normal Working Hours: The Contractor is responsible for supply delivery services, between the hours of 0700- 1500 Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government-announced facility closings. The Contractor shall maintain an adequate stock supply for thee uninterrupted delivery of all orders as defined within this SOW when the Government facility is not closed for the above reasons.

6. Ordering Schedule. The types and estimated annual quantities of the supplies the government contemplates ordering are unidentifiable and will be ordered on an as needed basis.

7. Extent of Obligation. The Government is obligated only to the extent of authorized calls actually placed against this BPA. This BPA does not obligate any funds. Funds are obligated only when a call is placed against the BPA.

8. Purchase Limitation. No Individual call placed against this agreement by an authorized Ordering Officer shall exceed $25,000.00. BPA Master Dollar Limit is $6,000,000.00. BPA Call Limit is $25,000.00.

9. Individuals authorized to purchase under the BPA. A listing of individuals authorized to place calls under this agreement, identified by organizational component, and the dollar limitation per call for each individual shall be furnished to the Contractor.

10. Program Sections of BPA:

a. Heating, Ventilation, Air Conditioning (HVAC) Supply: Provide parts, component supplies and equipment.

11. Delivery Tickets. All deliveries under this agreement must be accompanied by delivery tickets or sales slips which must contain the following minimum information:

a. Name of Supplier. BPA number.

b. Date of purchase. Call Order number.

c. Itemized list of supplies furnished.

d. Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).

e. Date of delivery or shipment.

12. Invoices. Invoices shall be submitted to the credit card holder/authorized ordering official that made the BPA Call. A summary invoice shall be submitted monthly for all deliveries/call outs made during a billing period, identifying the delivery tickets/ call outs covered therein, stating their total dollar value, and supported by receipt copies of the delivery tickets/call outs. For problems concerning calls, contact the person placing the call. If a problem cannot be resolved or if additional information is required contact the Mission and Installation Contracting Command, Fort Bragg, Contracting Officer.

13. Placing Orders.

a. It is the Government’s intent to have BPA holders compete for BPA Call Orders based on best value.

b. Generally, the basis for selection of best value will include price and the BPA Contractor’s ability to meet the schedule delivery requirements.

c. Orders will be placed against this BPA utilizing E-mail, fax, paper, or oral communications. The following information will be provided:

(1) BPA number

(2) Call Order Number (This number is a four-digit sequential numeric identifier of each order)

(3) Specific Description of supplies being purchased

(4) The Place, Date and Time of Deliver

(5) Authorization for placing and administering Call Orders under this BPA is delegated solely to the individuals identified by letter and Contract Officer approved as purchasing agents who are “Individuals authorized” to purchase under this BPA.

14. Pricing. Pricing for this BPA shall be based on commercial pricing. The Contractor shall provide to the Government prices that are as low as or lower than those charged to their most favored customer for comparable items. Prices offered under the BPA shall be uniformly offered to all authorized users of this BPA. Government agencies are exempt from sales taxes.

15. Contract Period and Terms.

a. Period of Performance is from 1 Dec 2020 – 30 Nov 2025.

b. This agreement will be used to purchase HVAC supplies. The Contractor shall furnish referenced supplies if and when requested by the Contracting Officer or an authorized representative during the specified terms of this agreement.

c. The Government is obligated only to the extent of authorized calls actually placed against this Blanket

Purchase Agreement.

d. The terms and conditions included in this agreement apply to all purchases made pursuant to this agreement.

In the event of an inconsistency between the provisions of this agreement and the supplier’s invoice, the provisions of this agreement will take precedence.

e. This BPA will be reviewed at least annually by the Contracting Officer to assess the Contractor’s performance and to determine whether this agreement remains in the best interest of the Government.

f. Supply Manager. The Contractor shall provide an individual who shall conduct overall management coordination and be the central point of contact with the Government for performance of all work under this contract. The name of the individual and alternate(s) who can act for the Contractor shall be designated in writing to the Contracting Officer prior to contract start and whenever a change occurs. The Supply Manager and an alternate(s) shall have the authority to make decisions, without undue delay, which may arise in performance of the contract.

g. Unsatisfactory Materials. In the event that unsatisfactory materials are received by the government from the contractor, the contractor shall be responsible for the pick-up and return of the unsatisfactory materials, handling of re-stocking fees as required and shipping of corrected or satisfactory materials back to the government at no additional cost to the government. Unsatisfactory materials are materials that either do not match the type, quantity or model/serial number of that which was ordered or are that which is damaged, faulty or inoperable through no fault or negligence of the government. The contractor shall be responsible for shipping corrected or satisfactory materials within five (5) calendar days from the time the government provides notification to the contractor that the original materials received were unsatisfactory.

h. Warranty: All applicable warranty for commercially available off-the-shelf products will be made available to the government per FAR 52.212-4.

16. Payments. All payments will be made via the Government Purchase Card (GPC). Payment is due under this BPA upon receipt of a proper invoice accompanied by all documents required under each individual BPA Call Order.

17. Terms for exiting (terminating) this agreement.

a. If the Contractor fails to provide competitive offers, provides constant “no-quotes”, or if the contractor has a history of late or delinquent deliveries, the BPA may be terminated at the end of each review period.

b. If changes occur in the market place, different sources of supply are identified, or any other pertinent factors occur, BPAs may not be renewed.

c. If a supplier does not respond to a request for quotation (provide pricing for requested items) or provides constant “no-quotes”, for a six (6) month period, then the BPA will be terminated.

Section H - Special Contract Requirements

ADDITIONAL INSTRUCTIONS

SECURITY AND INSTALLATION ACCESS.

1. Fort Bragg is a closed post with access restrictions. All vehicles and personnel are subject to search and seizure of contraband and/or unauthorized Government property. Contractor vehicles (Contractor-owned and personal), Contractor personnel, and their personal property shall be subject to searches upon entering or leaving the Installation. The search and seizure provisions of AR 190-22 shall apply to Contractor personnel entering or leaving Fort Bragg or activities/installations in the Fort Bragg area of responsibility which require access by Contractor personnel in performance of this contract. The Contractor should be aware that force protection awareness requirements and installation closure exercises are increasing and installation access is restrictive.

2. Automated Installation Entry (AIE): Contractor personnel shall gain access to Fort Bragg through the Posts Automated Installation Entry (AIE) Badge system. To register and receive an AIE access control badge, the contractor must complete and submit the Directorate of Emergency Services (DES) Form 118 to the COR. Once submitted a NCIC (National Crime Information Center) Level III background check will be completed on each employee requesting access. No employees with prior felonies or three misdemeanors, excluding routine traffic violations, within the past five years will be granted access to Fort Bragg. All contractor personnel shall be U.S.

citizens and legal to work in the United States. Contractor personnel performing work under this contract shall be escorted by Government personnel at restricted areas. The Contractor shall provide at the Post Award Conference a list of all personnel requiring access to any facility or building. The list shall include the employee’s full name and social security number. The Contractor shall provide the COR with a list of Contractor personnel requiring entry into restricted areas no less than three (3) calendar days thereafter. It shall be the sole responsibility of the Contractor to update the list as changes occur, or as requested by the COR and to provide the updated list no later than 24-hours after the change is determined. The application form (DES Form 118) for access cases are located on the Fort Bragg Provost Marshal webpage http://www.bragg.army.mil/directorates/DES/pmo/Pages/AIE.aspx under the Installation Access Control tab. Sponsorship is required for all non-DOD affiliated persons. The applications (DES Form 118) will be turned into the All American Visitor Control Center (VCC) for processing and approval.

3. Contractor Vehicles. The Contractor’s vehicles shall display the Contractor’s name/logo on both sides of the vehicle so that it is clearly visible and readable to a distance of at least 50 ft. Contractor and sub-contractor vehicles shall fully comply with the vehicle registration requirements regarding Contractor-owned and Contractor employee privately owned vehicles (POVs) as set forth in Fort Bragg Regulation 190-5, Military Police Traffic Regulation having valid NC registration, license plates and inspection stickers. Any questions regarding the regulation can be directed to (910) 432-8193. Contractor vehicles and Contractor employee POVs will be searched if the appropriate passes/decals are not displayed when entering Fort http://www.bragg.army.mil/directorates/DES/pmo/Pages/AIE.aspx

Bragg Access Control Points (ACPs). All vehicles, including those with passes/decals, are subject to random search at any time.

4. Eligibility Verification for Employment. E –Verify is an Internet-based system that compares information from an employee’s Form I-9, Employment Eligibility Verification, to data from U.S. Department of Homeland Security and Social Security Administration records to confirm employment eligibility. The U.S. Department of Homeland Security is working to stop unauthorized employment. By using E- Verify to determine the employment eligibility of their employees, companies become part of the solution in addressing this problem. All U.S. employers must complete and retain a Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. On the form, the employer must examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and relate to the individual and record the documents information on the Form I-9.

5. FEDERAL HOLIDAYS: Any reference made to holidays shall be construed to mean the Government holidays listed below:

New Year's Day 1 January Birthday of Martin Luther King Jr. 3rd Monday in January Washington's birthday 3rd Monday in February Memorial Day last Monday in May Independence Day 4 July Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veterans Day 11 November Thanksgiving Day 4th Thursday in November Christmas Day 25 December

When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday will be observed as a legal holiday.

6. BPA ADMINISTRATION: After award, the Mission & Installation Contracting Command (MICC) Center – Fort Bragg, Contract Administration Division, will administer the BPAs and issue Call Orders. The Contractor shall, after receipt of the BPA, direct all questions concerning the contract to:

a. Mission & Installation Contracting Command (MICC) Center – Fort Bragg

b. Contracting Officer: Heather Clifton

c. Contract Specialist: TBD

7. IMPORTANT NOTICE: The Contractor shall not accept any instructions issued by any person other than the Contracting Officer or his/her authorized representative acting within the limits of his/her authority. No information other than that which may be contained in any authorized amendment to this solicitation or any authorized modification to any resulting BPA issued by the Contracting Officer, which may be received from any person employed by the U.S.

Government or otherwise, shall be considered as grounds for deviation from any provisions, conditions or other terms of these documents.

ENTRY AND EXIT STRATEGY

GUIDELINES TO ESTABLISH BLANKET PURCHASE AGREEMENTS (BPA)

1. In this agreement, there shall be at least two (2) and no more than fifteen (15) contractors providing construction supplies per commodity area. This allows for proper administration for the agreement and maximum practicable competition between the BPA holders.

2. Reviews will be conducted annually and recommendations for new candidates will be accepted as required using the guidelines for the entry and exit strategy.

ENTRY:

1. The Contractor must have the ability to provide recurring requirements for the same or similar construction supply purchases and ability to meet timeline for delivery to Fort Bragg.

2. Contractor will be considered for a BPA if their past performance has shown them to be dependable and offer construction supplies at a consistently lower price and who have provided numerous purchases at or below the simplified acquisition threshold.

3. Contractor will be considered for a BPA upon confirming their small business status in SBA, verifying their SAMS registration is valid and show identified NAICS codes. THE CONTRACTOR DOES NOT HAVE TO HAVE ALL NAICS CODES, but MUST have at least one to compete in a commodity area.

The ONLY NAICS codes acceptable for this agreement are 327991, 332913, 333415, 335999, 336310 and 332510.

4. Past performance must be satisfactory. A “no record found” will be considered satisfactory.

EXIT: Once agreement has been signed

1. Contractor fails to provide competitive quotes, provides constant “no-quotes”, or if the contractor has a history of late or delinquent completion dates, the BPA may be terminated at the end of each review period.

2. If changes occur in the market price or any other pertinent factors occur, BPAs may not be renewed at the end of the term.

3. If a contractor does not respond to a request for quotation for a 6 month period, or provides constant “no-quotes”, then the BPA will not be renewed.

1. Fort Bragg is a closed post with access restrictions. All vehicles and personnel are subject to search and seizure of contraband and/or unauthorized Government property. Contractor vehicles (Contractor-owned and personal), Contractor personnel, and...