Prepriced BPA Agreement .pdf

TERMS AND CONDITIONS

PREPRICED BLANKET PURCHASE AGREEMENT

1. NEGOTIATION AUTHORITY: The issuance of individual calls under this Blanket Purchase Agreement (BPA) will be made under the authority of 10 USC 2304 (g).

2. DESCRIPTION OF AGREEMENT: This agreement is offered for the purchase of the services covered by the APPROVED PRICE LIST, when and if called for by the Contracting Officer (KO) or a designated representative, during the delivery period specified.

The Contractor shall provide the service(s) as specified by the KO or designated representative during the period specified on cover page.

(a) This Agreement, including Paragraphs a and b hereof, may be modified or may be canceled in its entirety by either party upon thirty (30) calendar days written notice to the other party, except that this Agreement may be canceled by the Wyoming National Guard (WYNG) at any time if the parties fail to agree upon any deletion, amendment or addition to this Agreement which is required by statute, Executive order, the FAR and/or this Supplement. No deletion, modification, addition to, or cancellation of, this Agreement shall affect any contracts therefore entered into between the parties in which this Agreement or portion thereof has been incorporated by reference.

(b) This Agreement shall be reviewed, as a minimum, annually before the anniversary of its effective date, and revised to conform to all requirements of statues, Executive orders, or the FAR and this Supplement. This revision shall be evidenced by an agreement modifying this BPA or by the issuance of a superseding BPA.

3. PERIOD OF PERFORMANCE: 01 OCT 2021 – 30 SEP 2023.

4. EXTENT OF OBLIGATION: The WYNG is obligated only to the extent of authorized calls actually placed against this BPA and shall not be liable in any manner in the event no calls are made.

5. GOVERNMENT LIABLITY: The Contractor shall notify the KO if any individual attempts to change the arrangement without prior approval.

6. PRICING: The Contractor hereby warrants that the prices to the WYNG shall be as low as or lower than those charged to the Contractor’s most favored customer, in addition to any discounts for prompt payment.

The Contractor will furnish the KO a price list for items/services he proposes to furnish under this Agreement. The listing must be identified with the BPA number, and must be for a specific period (not to exceed 12-months). No price changes may be made unless approved by the KO. If prices are expected to change frequently, the Contractor must provide monthly price lists to prior to the effective date of the change. Call will be made for only the items that appear on the APPROVED PRICE LIST. Negotiation or solicitation for prices and additional requirements will be conducted by the KO only.

Price lists will not be effective until signed by the KO.

7. PURCHASE (CALL) LIMITATION: No individual purchase (call) placed against this agreement shall exceed $25,000. BPA Ceiling is $700,000.

8. NOTICE OF INDIVIDUALS AUTHORIZED TO PLACE CALLS: A list of individuals authorized to place calls under this agreement, identified by office and phone number, will be furnished the Contractor by the KO by separate letter. Calls received by the Contractor from personnel not so listed will not be honored.

9. DELIVERY TICKETS: All services provided under this agreement will be accompanied by one Delivery Ticket or Sales Slip which shall contain the following minimum information:

(1) Name of Supplier

(2) BPA Number and Call Number

(3) Date of Purchase (Call)

(4) Itemized list of unit/personnel receiving meals/ ingredieants

(5) Quantity, Unit Price and Extension of each item less applicable discounts

(6) Name of Individual Placing Call

(7) Submit invoices to: (See WAWF Clause)

10. INVOICES: An itemized invoice shall be submitted to the KO within ten (10) days after a large group (i.e. RSD weekend). Only one (1) itemized invoice will be allowed per month and no more than two (2) itemized invoices on last month upon expiration/cancellation of this BPA. Copies of sales slips are required to support invoices.

11. SALES TAX: All orders placed under this agreement are instruments of the United States of America and that the supplies or services ordered thereon are for the exclusive use of an agency of the United States of America. (Federal Acquisition Regulation, Part 29)

The Federal Government is NOT liable for State and Local Taxes.

12. CALLS: A call is defined as the placing of a request (orally or written) for meals/ ingreadieants a specified number of Soldiers. Only the persons listed on the Ordering Officer Letter or the KO may make requests.

Calls (purchases) will be made orally or by informal correspondence. Contractor personnel receiving such calls verbally should assure themselves that sufficient information is obtained to prepare the delivery ticket as required.

13. NOTICE OF INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THIS BPA

AND DOLLAR LIMITATIONS: A list of individuals authorized to purchase under this agreement will be identified by name on the Ordering Officer Letter. This list will be revised as needed to provide the most current information, and will be signed by the

KO.

14. BPA ADMINISTRATION: All issues regarding the terms and conditions, payment and collection of debts should be referred to the KO at (307) 772-5278 or by email at ng.wy.wyarng.mbx.uspfo-p-and-c-contract-actions@mail.mil .

15. AUTOMATIC CANCELLATION PROVISIONS: When the KO or designated representative has requested a service(s) and it is found that services are no longer required, a 24 hour notice will relieve the WYNG from incurring any costs and the reservation is automatically canceled, without penalty.

16. COVID-19: If services are no longer necessary and training events are ordered to be cancelled due to COVID-19 breakouts, all impacted requests will be canceled immediately without penalty.

17. DESIGNATED REPRESENTATIVE: The person(s) designated on the list furnished by the KO (see para 6 of this agreement) is/are the representative(s) of the KO for the purpose of technical supervision, inspection and acceptance under this BPA.

18. MEALS WILL INCLUDE (at a minimum):

a. Meals must include the following: a protein, a starch, a vegetable, and a grain.

b. All meals must contain a minimum of 700 kCals.

c. Vendors must be able to accommodate special dietary requirements including but not limited to the following: vegetarianism, lactose intolerance, food allergies, and religious preferences.

19. Fresh Ingredients will include (at a minimum): Orders should be placed a week’s notice (or time approved by KO) and delivered NLT 24-48 hours. The intent of these ingredients are to be used by local WYNG chefs/cooks for off-site meals. Fresh ingredients include: Produce, Meats, Vegetables, Grains, Dairy, etc.

20. NOTIFICATION REQUIREMENTS: The WYNG will notify the vendor no later than 30 days prior to the food requirement with the date(s), location(s), and anticipated headcount for the meal(s).

The WYNG will provide the vendor updated information no later than 10 days prior to the meal requirement.

The WYNG will confirm the meal numbers the day of the requirement.

21. INSPECTION: An inspection of any and all services received under this agreement may be conducted. If so, the Subsistence Standards are as follows:

a. Fast Food is not authorized.

b. Pizza is not authorized.

c. Meals that only include a sandwich, chips, and a dessert are not authorized.

d. Meals must include a drink.

e. Food must be stored, transported, and served in compliance with all health sanitation requirements.

22. WITHDRAWAL OF AGREEMENT:

(a) Withdrawal of this BPA may be effected by either party, giving the other party written notice of intent to withdraw, thirty (30) calendar days prior to the effective date of withdrawal.

(b) The above will not relieve either party from performance or acceptance of those calls which were issued and accepted prior to the effective date of withdrawal, unless otherwise agreed to by the parties herein.