QMA BOA - DRAFT.pdf

Agreement

Section 1 - GSA Emergency Acquisition Basic Ordering Agreement

Purpose. GSA’s Office of Acquisition Operations (QMA) has entered into an agreement with the Federal Emergency Management Agency (FEMA) to assist in the rapid procurement and delivery of supplies and services both in anticipation of and response to emergencies as defined in FAR 2.101. To that end, QMA has established a Basic Ordering Agreement (BOA) with qualified vendors to:

● Provide authorized federal agencies, state, local and tribal governments with an ordering vehicle that minimizes the administrative burden in locating and soliciting quality products from qualified vendors

● Provide vendors offering emergency supplies and services and managed solutions with an enhanced opportunity to compete for emergency acquisitions and support emergency response efforts

● Ensure the rapid delivery of procured materials, equipment and services during periods of uncertainty by pre-positioning delivery and other terms and conditions

BOA Characteristics.

● Initial Participation: The QMA BOA Initial Offering will invite interested qualified vendors to express their desire to participate in the QMA BOA. GSA will consider all vendors expressing interest, and will enter into agreements with a sufficient number to meet its anticipated mission needs, and based upon vendors capability to deliver emergency response supplies and services, experience with product and service compliance and meeting delivery dates, small business status, and geographic location for maximum coverage of the United States.

● BOA Effective Date: Upon selection for participation, BOAs will remain effective until December 31, 2026. BOAs can be rescinded at any time by either party--the vendor or BOA CO--by written notice to the other party with 30 day notice, unless another reason for rescission occurs in accordance with the terms of the BOA.

● Annual Review: FAR 16.703(c)(2) requires that all BOAs be reviewed at least annually, and the BOA CO will accomplish the following meet this requirement at a minimum:

○ Ensure BOA participating vendors have an active registration in the System for Award Management, no active exclusions, and that Point of Contact information is up to date.

○ Review BOA orders awarded to participating vendors to ensure performance conforms to BOA and individual order quality, cost and delivery requirements

○ Evaluate BOA participant pool to ensure that BOA is effective in providing all the supplies, services and managed solutions as applicable in meeting authorized user needs, and schedule an On-Ramping Invitation if appropriate.

○ Report participating vendor performance into the Contractor Performance Assessment Reporting System (CPARS) for all vendors receiving orders under this BOA

○ Review and update QMA BOA Acquisition Plan, Market Research Report, and other supporting documents for authorized users to rapidly submit Requests for Emergency Support

● On-Ramping Invitation: Based on the availability of qualified vendors to meet authorized user needs for emergency supplies and services or based on other factors, the BOA CO may initiate an On-Ramping Invitation at any time. This event will allow non-participating vendors to express their desire in being included in the QMA BOA, and the BOA CO will consider all interested vendors for inclusion at that time. On-Ramping Invitations will be publicized in the Contract Opportunities section of the Government Wide Point of Entry (currently www.beta.sam.gov/content/opportunities).

● Authorized Users: Authorized users are identified in GSA Order OGP 4800.2l. For questions related to an ordering individual, organization or agency authorization to use the QMA BOA, participating vendors should contact the BOA CO for assistance.

● Limitations: FAR 16.703 describes Basic Ordering Agreement description, application and limitation. Participating vendors are reminded that a BOA is not a contract award, nor is it a promise from the government to place orders with participating vendors. The purpose of establishing the QMA BOA is to ensure authorized users can quickly obtain emergency response products and services, and the government cannot guarantee that participating vendors will ever receive orders under the BOA.

Section 2 - QMA BOA Vendor Qualifications

Overview. A BOA is not a contract, and does not bind the government to place orders with those vendors entering into the agreement; rather it outlines the process that authorized users and BOA vendors will follow when a user intends to place an order for emergency supplies or services with a participating vendor.

Scope of QMA BOA. The QMA BOA is meant to be a single destination for emergency supplies and services, with the following offerings considered in scope:

● Supplies: Appendix XXX lists the emergency supplies that GSA has procured in previous efforts in support of FEMA’s emergency responses. It should not be considered all inclusive, but rather indicative of the types of supplies that federal agencies will require in support of emergency operations. In selecting BOA participants, the government will prefer those vendors that offer a wide array of emergency supplies to ensure that http://www.beta.sam.gov/content/opportunities https://www.gsa.gov/cdnstatic/OGP%20Order%2048002I%20Eligibility%20Determination.pdf participants are capable of meeting authorized users requirements in terms of quantity, quality and delivery.

● Services: The government may require service providers to support emergency operations, including but not limited to temporary transportation services, emergency vehicle rentals, equipment rentals, portable toilet services, catering services, environmental remediation, facility restoration, waste disposal, and sanitation or cleaning services. In selecting BOA participants, the government will make every effort to maximize the types of services available to authorized users by including as diverse a group of vendors to participate in the BOA as practicable.

● Managed Emergency Solutions: The QMA BOA would like to include vendors that are capable of providing total managed solutions for emergency response, including a wide array of products and services together, to minimize the administration required to individually award myriad contracts in response to large scale emergencies.

Orders placed with BOA participants may cross all three categories of emergency acquisition categories, and the government will seek to maximize BOA participation among vendors capable of providing more than one scope category.

Vendor Qualifications for BOA Participation. The government seeks to establish a comprehensive network of supply and service and managed solution providers across the United States that are able and willing to rapidly respond to order requests, expedite delivery, and manage shipped supplies. GSA will consider the following qualifications when inviting vendors to participate in the QMA BOA:

● Capability: Participating vendors will be those able to provide a wide variety of supplies and services similar to those described in Attachment XXX, certify their ability to meet the QMA BOA emergency delivery requirements, and meet the responsibility requirements described in FAR 9.104-1. Additionally, orders placed under this BOA have very rigid delivery requirements, most notably:

○ Redirection of shipped supplies in transit: authorized users may require that shipments be re-routed in response to dynamic emergency environments, and participating vendors must have the ability to re-direct shipments upon notification from the authorized user placing an order

○ Accelerated delivery time frames: the standard shipping terms for supply/product orders placed against the QMA BOA require

■ at least 30% of the total quantity of items delivered within 24 hours of order placement, and

■ at least 60% of the total quantity of items delivered within 48 hours of order placements, and

■ complete fulfilment of the total quantity of items no longer than 72 hours

○ Real time tracking via Global Positioning System (GPS) or similar method for all shipments of emergency supplies

● Experience: Participating vendors will have demonstrated experience in providing conforming products or services within agreed upon timeframes, and preferable experience in supporting emergency acquisitions. GSA will use all information available, especially that in CPARS, in considering vendor experience for participation in the BOA

● Small Business Size: GSA wants to include small businesses to the maximum extent practicable in supporting emergency acquisitions, and to that end wants to allow small businesses to compete amongst other small businesses if possible for orders under this BOA. Preference will be given to small businesses in selecting vendors for participation in the BOA.

● Geographic location: FAR 18 requires that preference for emergency acquisitions be given to local area businesses, and GSA will ensure that participating vendors are able to provide emergency products and services in their local areas and regions to the greatest extent possible. In selecting vendors for participation, GSA will seek to maximize vendor availability across the United States.

● Eligibility: Participating vendors must be actively registered in the System for Award Management with an All Awards purpose of registration. Vendors must have zero (0) active exclusions throughout participation in the QMA BOA. Should a vendor receive an active exclusion, their participation in the BOA will be revoked and they will not be eligible to compete for emergency acquisition orders.

Section 3: QMA BOA Ordering Procedures

Requests for Emergency Support (RES) Process: Authorized users will use the following process when issuing a RES from QMA BOA participating vendors:

1. Acquisition Planning and Market Research. The BOA CO has accomplished an Acquisition Plan and Market Research Report for authorized users to include in their contract files for contract actions anticipated using the QMA BOA. These forms are available at XXXXXXX and are updated at least annually. GSA recommends making the following considerations when forming an acquisition strategy for emergency products or services:

○ Consider local area vendors: FAR 18 urges the use of local area businesses to the greatest extent practicable for emergency purchases

○ Consider small business participation: The provided Market Research Report lists the small business participating vendors and some of the items and services that they can provide, and the BOA CO recommends setting aside purchases for small businesses alone as often as possible.

○ Consider competing every RES: FAR 18 provides many flexibilities to streamline the acquisition process when responding to an emergency. The QMA BOA ordering process has been designed to allow rapid responses from participating vendors while promoting competition, and the BOA CO asks authorized users to compete requirements to the greatest extent possible in supporting your emergency response.

2. RES Format: Authorized users will draft a RES for participating vendors to use to submit their pricing using the Optional Form 347 (OF-347). In drafting your RES, please complete the following fields on the OF-347:

○ Block 1: Date of RES

○ Block 2: Indicate QMA BOA

○ Block 3: Leave blank

○ Block 4: Funding document ID number

○ Block 5: Authorized user contracting/procurement activity name and address.

Authorized Users should specify how vendors should submit RES-Quotes in this block, whether it's via email, fax, or other portal

○ Block 6a-f: Shipping location information

○ Block 7a-f: Leave blank

○ Block 8a: Select Purchase Order, leave reference block blank

○ Block 9: Add your Line of Accounting, other fund site information

○ Block 10: Identify the organization providing funding, if different from block 5

○ Block 11: Identify small business set aside category if applicable

○ Block 12: Should be Destination

○ Block 13a, b: Should identify government, government

○ Block 14: Bill of Lading number: Authorized users will note delivery requirements in this field, as follows:

i. STANDARD: entered for standard delivery terms under the BOA:

1. at least 30% of the total quantity of items delivered within 24 hours of order placement, and

2. at least 60% of the total quantity of items delivered within 48 hours of order placements, and

3. complete fulfilment of the total quantity of items no longer than 72 hours

ii. NON-STANDARD: entered for delivery terms that are not standard under the BOA, with total order fulfilment occurring on or before a specified date.

○ Block 15: Delivery Date

i. STANDARD delivery terms: Enter the date of the order in block 15.

Fulfilment will be determined based upon the date entered (30% of ordered supplies delivered within 24 hours of date in block 15).

ii. NON-STANDARD delivery terms: Enter the date that ordered supplies must be received no later than. If services are ordered, enter the start date of contract performance in block 15.

○ Block 16: Leave blank

○ Block 17: Attach continuation pages as required and indicate they are attached in 17(b) if applicable,

i. (a) - Use 1 number for each supply item or service required. Numbers should be sequential and can conform to authorized user agency standards (0001, 0002, 0003, etc.; 1, 2, 3, etc.)

ii. (b) - Identify the supply item or service required. For supplies, ensure “or suitable substitute” is included in description unless a brand name justification has been approved. For services, please provide a work statement and indicate it is attached in block 17b.

iii. (c) - Indicate the quantity. For supplies, this should be the number of units required. For services, this should be 1. If a Labor Hour or Time and Materials contract type is anticipated, list the number of hours (the BOA CO does not recommend using the QMA BOA for these contract types, and the Acquisition Plan and Market Research Report provided will not support this decision).

iv. (d) - Provide the unit of issue applicable to the supplies or service.

v. (e), (f), (g), (h), (i) - leave blank

○ Block 18: Leave blank

○ Block 19: Leave blank

○ Block 20: Leave blank

○ Block 21:

i. (a) - Indicate the individual or organization that will be reviewing submitted invoices and authorizing payments.

1. If an electronic invoicing system will be used, indicate in block 21(a) that invoice submission instructions are provided as an attachment

2. If a Government Purchase Card will be the payment method, indicate the card holder’s name in block 21(a) followed by “ - P-Card Holder”

ii. (b) - Provide the street address for the invoice office

1. If an electronic invoicing system will be used, leave blank

2. If a Government Purchase Card will be the payment method, provide card holder contact information in block 21(b), including email address and phone number.

iii. (c) - Provide the City of the invoice office

1. If an electronic invoicing system will be used, leave blank

2. If a Government Purchase Card will be used, leave blank unless additional space is required for card holder contact information

iv. (d) - Provide State of invoice office

1. If an electronic invoicing system will be used, leave blank

2. If a Government Purchase Card will be used, leave blank

v. (e) - Provide the Zip Code for the invoice office

1. If an electronic invoicing system will be used, leave blank

2. If a Government Purchase Card will be used, leave blank

○ Block 22: Leave blank

○ Block 23: Provide authorized user contracting officer or individual authorized to enter into a contract with a participating vendor.

3. Authorized Users will submit RES to XXXXXXXXX (email address, website, whatever).

Response times and dates for participating vendors to submit their RES-Quotes will be automatically calculated using the following criteria:

○ For RES submissions that occur during normal business hours (7:00am - 5:00pm, Eastern time), participating vendors will have X hours to submit quotes in response to each RES.

○ For RES submissions that occur after hours (5:01pm - 6:59am, Eastern Time), participating vendors will have Y hours to submit quotes in response to each

RES.

4. Participating vendors will submit RES-Quotes to authorized users [Need to establish a submission method, website, email, something] in accordance with the instructions provided in the RES block 5. Participating vendors must ensure that RES-Quotes include the following elements at a minimum:

○ Block 7

i. (a) - Participating vendors must include the name of a Point of Contact that can accept orders placed against the BOA for each RES-Quote submitted.

ii. (b) - (f): Participating vendor information is included and should mirror System for Award Management registration.

○ Block 8: Participating vendors must include a RES-Quote number in the block following “REFERENCE YOUR:”. This number should be included on all included attachments, as applicable.

○ Block 16: Specify any discount terms, if applicable.

○ Block 17:

i. (b) - unless specified as a “brand-name product or item peculiar to one manufacturer”, participating vendors can propose suitable substitute products in response to RES. These items must be at least equal in quality, performance, and possess equivalent salient characteristics to those specified in the RES, and for each suitable substitute product quoted, participating vendors must:

1. Attach a product description that contains sufficient detail to allow a technical reviewer to determine that the suitable substitute is indeed capable of performing at least as well as the item listed, and

2. Indicate the substitution in block 17(b) by removing the information listed in the RES, beginning the description with “SUB--”, and listing the quoted suitable substitute description and part number.

ii. (e) - list the unit price for each product quoted. Pricing anticipated under the QMA BOA is fixed price, and no separate price elements are required.

iii. (f) - calculate the total price of the number of items multiplied by the unit price. Authorized users may verify this calculation is correct, but participating vendors should be aware that errors in this calculation may be used as the basis for authorized users to select another vendor for order award.

iv. (h) and (i) - calculate the total price for the RES-Quote by adding each total amount in block 17(f). Authorized users may verify this calculation is correct, but participating vendors should be aware that errors in this calculation may be used as the basis for authorized users to select another vendor for order award.

○ If necessary, participating vendors may attach additional documents to the RES-Quote, and are asked to reference a RES-Quote number and any other information necessary to ensure that authorized user’s can easily understand the nature of the supplies or services being quoted.

5. RES-Quote Evaluation will occur immediately when the response time for RES-Quote submission expires.

○ Price evaluation: Each RES-Quote will be evaluated on a total price basis using the “lowest priced, technically acceptable” methodology unless specifically addressed differently in an individual RES. If an authorized user includes an evaluation different than the one described below, participating vendors are required to comply with any instructions in the RES for submission and evaluation of RES-Quotes.

○ RES-Quotes will be ranked according to total price as described in block 17(i), with the lowest priced RES-Quote reviewed for technical acceptability first. If acceptable, an order will be placed with the participating vendor submitting that lowest priced, technically acceptable quote.

i. If GSA is serving as the authorized user on behalf of FEMA or other federal executive agency, the GSA contracting officer will transmit the lowest priced RES-Quote to the POC identified by FEMA or other agency for technical review. If no response is received by the GSA contracting officer from the POC within XXXX, the RES-Quote will be determined technically acceptable by default, and an order placed with the vendor that provided it. Any issues arising from the order and delivery of non-conforming supplies or services in an instance where a POC fails to perform a technical acceptability determination will be the sole responsibility of the agency where the POC resides.

○ If the lowest priced RES-Quote is determined to be technically unacceptable, the next lowest priced RES-Quote will be sent for review until a technically acceptable RES-Quote is identified or all quotes are determined unacceptable.

○ In the event all RES-Quotes are determined unacceptable, the authorized user is permitted to contact one, some or all of the participating vendors submitting RES-Quotes to provide guidance on revising a RES-Quote and re-submitting it for review. The evaluation process will begin again with the one, some or all revised RES-Quotes until a technically acceptable RES-Quote receives an order or the RES is cancelled.

○ Notice of Order Placement. For each order placed, the authorized user must notify each participating vendor submitting an RES-Quote the following information:

i. Name of participating vendor receiving the order

ii. description of any suitable substitute product ordered, if applicable

iii. total price of the order

6. Order Placement. Authorized users will place awards for quoted supplies and/or services with the participating vendor that represents the lowest priced, technically acceptable solution to the RES by accomplishing the following:

○ Executing the order. Authorized users will sign the OF-347 in block 22 and include their name in block 23.

○ Sending the signed, executed order to the selected participating vendor. Until a signed OF-347 is received, participating vendors are reminded that no binding contract has been executed. Only a signed OF-347 is a contract under the QMA BOA, and participating vendors must not begin performance or delivery until they have received a signed OF-347 from an authorized user.

○ RES-Quote feedback. In the event an authorized user selects an evaluation method other than lowest priced, technically acceptable, they must allow participating vendors an opportunity to learn why their RES-Quote was not selected for an order. Feedback should be given in person if possible, and with the intention of helping participating vendors in submitting improved RES-Quotes for future efforts.

7. Order Acceptance. Participating vendors should indicate acceptance of the order in one of the following ways:

○ Written acceptance. The participating vendor notifies the authorized user that the order has been accepted and work has commenced, or

○ Shipment confirmation. As real time delivery tracking is a requirement for all orders placed under the QMA BOA, participating vendors can demonstrate order acceptance by providing the authorized user the tracking information for the ordered supplies.

8. Order Fulfillment. Orders will be considered fulfilled when the government inspects and accepts the delivered supplies or performed services.

○ Inspection and Acceptance. Government personnel inspecting that delivered supplies or performed services conform to the order and any attachments and accepting deliveries or services must do so in writing, including the following methods:

i. Complete the receiving report on the OF-347. The back of the OF-347 allows government personnel to indicate inspection, acceptance and receipt has occurred, to include the date of receipt and of acceptance.

ii. Provide other written confirmation of inspection and acceptance. Any document format confirming inspection and acceptance can be used, provided it includes at a minimum the following elements:

1. Date of delivery/performance completion

2. Date of acceptance, or for services the date that a performed service was determined to be in accordance with the order

3. If delivery or service is rejected, the date the rejection occurred and a detailed description of why the delivery or performance was not consistent with the terms of the order

4. Individual responsible for inspection and acceptance printed name and signature

○ Non-conforming deliveries or services. Under normal circumstances, the government prefers to resolve performance issues or non-conforming deliveries by re-performance or return and replacement at no additional cost. Due to the emergency nature of the supplies and services sought under the QMA BOA, this may not always be possible or preferred, however. Non-conforming deliveries or service performance will be addressed between the parties to the order--the authorized user and the participating vendor--if and when these issues occur, and will be handled in accordance with FAR 52.212-4(d) - Disputes.

9. Invoicing and Payment. Methods for submitting invoices, purchases with Government Purchase Cards, and payment instructions are likely to vary with each order, and will be specified on each individual order. For orders placed by GSA authorized users, the following invoice instructions will apply:

○ FEDPAY: GSA uses the FEDPAY Internet Invoice system for invoicing and payments related to QMA BOA orders. Participating vendors will need to establish a FEDPAY account to submit invoices and receive payments, and can do so at the FEDPAY website at https://fedpay.gsa.gov/, or by phone at 816-926-7287.

https://fedpay.gsa.gov/