Sol_140G0222Q0149.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

GDB

DENVER CO 80225-0046

204 DENVER FEDERAL CENTER

PO BOX 25046

USGS OAG DENVER ACQUISITION BRANCH

0006366836 CODE 16. ADMINISTERED BYCODE

X

X

X

213115

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORGDB

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/28/2022 1700 ED

07/22/2022

303-236-9331Donald Downey (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140G0222Q0149

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 2 0040581934OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Denver CO 80225 Box 25046 Denver Federal Center

MS 939

USGS Central Energy Team

15. DELIVER TO

DENVER CO 80225-0046

204 DENVER FEDERAL CENTER

PO BOX 25046

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$8.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USGS OAG DENVER ACQUISITION BRANCH

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

THIS IS A BLANKET PURCHASE AGREEMENT (BPA); NOT A

CONTRACT. This BPA is not a contract, the Government is not obligated to place any orders, and the vendor is not obligated to accept any orders. The BPA can be canceled by either party at any time. A BPA is not enforceable against either party. An enforceable contract exists only when the Government places a call against the BPA and the vendor accepts that call.

The Solicitation's Period of Performance Dates (Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Donald Downey

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

are estimated. The actual period will begin on the date of award and end five years later.

VENDOR UEI NUMBER: ___________________

VENDOR POC EMAIL: _____________________

Delivery: 08/31/2027

Period of Performance: 09/01/2022 to 08/31/2027

00010 When ordered by the Government, the contractor shall perform Thin Section Preparation Services in accordance with Attachment 1 Performance-based

Work Statement, priced in accordance with

Attachment 2 Price Schedule.

Product/Service Code: B599

Product/Service Description: SPECIAL

STUDIES/ANALYSIS- OTHER

USGS POCs:

CONTRACT: Don Downey, ddowney@usgs.gov

303-236-9331.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

BLANKET PURCHASE AGREEMENT (BPA) Page 3 of 22

140G0222Q0149

TABLE OF CONTENTS

CLAUSES

SECTION A. SCHEDULE OF SUPPLIES/SERVICES 5

SECTION B. SUPPLIES OR SERVICES AND PRICES/COSTS 6

SECTION C. DESCRIPTIONS/SPECIFICATION/STATEMENT OF WORK 8

SECTION D. PACKAGING AND MARKING 9

SECTION E. INSPECTION AND ACCEPTANCE 10

SECTION F. DELIVERIES AND PERFORMANCE 11

SECTION G. BPA CALL/PURCHASE ORDER/CONTRACT ADMINISTRATION 12

SECTION H. SPECIAL REQUIREMENTS 14

SECTION I. CONTRACT CLAUSES 14

SECTION J. LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 26

SECTION K. REPRESENTATIONS, CERTIFICATIONS, AND OTHER BPA REQUIREMENTS 27

BLANKET PURCHASE AGREEMENT (BPA) Page 4 of 22

SECTION A. SCHEDULE OF SUPPLIES/SERVICES

The requirements in this BPA apply to BPA Calls/Orders.

Vendors shall include Attachment 2 Price Schedule Template completed for their price proposals/quotes.

BLANKET PURCHASE AGREEMENT (BPA) Page 5 of 22

SECTION B. SUPPLIES OR SERVICES AND PRICES/COSTS

The requirements in this BPA apply to BPA Calls/Orders.

NOTE: The BPA is not a contract, the Government is not obligated to place any orders, and the vendor is not obligated to accept any orders. The BPA can be canceled by either party at any time. A BPA is not enforceable against either party. An enforceable contract exists only when the Government places a call against the BPA and the vendor accepts that call.

B.1. Schedule of Supplies/Services

Offers shall include a price schedule with their proposal by using the attached Sample Price Schedule in MS Excel format.

The period of performance under this BPA may extend from Date of Award for five years. The prices, rates, terms and conditions established in this BPA are based on current market conditions at the time of BPA award. In the event that the Contractor's prices, rates, terms or conditions change, the Contractor shall provide the Government with a minimum of 30 days’ notice. A revision to existing prices, rates, terms and conditions are subject to negotiations. Once the Government has been notified, the Government shall review the proposed changes, and following discussions with the contractor, shall modify this agreement accordingly. No changes shall be recognized unless they have been incorporated via a bilateral modification to this BPA.

The Government is obligated only to the extent of authorized purchases actually made under this BPA. Individual purchases under this agreement shall not exceed the dollar thresholds established in paragraph 2.0.

2.0 INDIVIDUALS AUTHORIZED TO MAKE CALLS:

The following individuals are authorized to place calls against this BPA:

2.1 Micro-Purchase Calls (calls less than $10,00.00 Limit Per Transaction may be paid by Government purchase/charge card):

To Be Determined (TBD)

2.2 BPA Call/Orders (calls at or above $10,000.00 and less than $250,000.00 Limit Per Transaction: (Contracting Officer):

By issuance of a Form 347 BPA Call Purchase Order from

1. Donald Downey, Contracting Officer (CO) or

2. Any warranted CO from the Denver Acquisition Branch.

And paid via the U.S. Treasury’s Internet Payment Platform (IPP) system.

3.0 INSTRUCTIONS FOR PLACING CALLS:

The authorized caller shall contact the BPA contractor by telephone, email, online, or in person and place the order. The following information is given to the contractor by the authorized caller:

a. Authorized caller's name, phone number, and mail code;

b. BPA number and the call number assigned by the authorized caller;

BLANKET PURCHASE AGREEMENT (BPA) Page 6 of 22

c. The analysis services required and results due date.

d. Authorized callers are required to ask the contractor to state any offered discounts for their supply or service on their monthly summary invoice.

e. Authorized callers shall inform the contractor that the BPA number and call number is to appear on their monthly or summary invoice.

4.0 Payment Terms

Payments may be made via Government Purchase Card or Treasury’s Invoice Payment Platform (IPP).

4.1 Payment for Calls less than the Micro-Purchase Threshold may be paid by Government Purchase Card.

4.2 Requests for Payments for Calls at or above the Micro-Purchase Threshold shall be processed in accordance with the Treasury’s IPP invoicing system.

B.2. Contract Type

This is a Blanket Purchase Agreement (BPA), rather than a contract.

The BPA Calls/Purchase Orders will be the funded, Firm Fixed-Price, contracts.

The date of contract award is the date the BPA Call/Purchase Order is issued to the contractor by the Contracting Officer (CO).

BLANKET PURCHASE AGREEMENT (BPA) Page 7 of 22

SECTION C. DESCRIPTIONS/SPECIFICATION/STATEMENT OF WORK

The requirements in this BPA apply to BPA Calls/Orders.

See 140G0222Q0149 Attch 1 Performance-based Work Statement (PWS) with Quality Assurance Surveillance Plan

(QASP)

C.1. GS0339 Green Acquisition (JUL 2018)

The USGS is committed to promoting the natural environment and protecting the health and well-being of people. In the performance of work under this contract, the Contractor shall exert its best efforts to provide services in a manner that will promote the natural environment and protect health and well-being. Green purchasing or environmentally preferable contracting includes the initiatives described below:

Alternative Fuels and Vehicles are described at http://www.afdc.energy.gov/afdc/

Biobased Products are described at http://www.biopreferred.gov/

Energy efficient products are described at http://energystar.gov/products for Energy Star products and at http://www.eere.energy.gov/femp/procurement for FEMP designated products

Environmentally Preferable Computers are described at http://www.epeat.net

Non-Ozone Depleting Products are described at http://www.epa.gov/Ozone/snap/index.html

Recycled Products are described at http://epa.gov/cpg

Water efficient products are described at http://epa.gov/watersense/ http://www.afdc.energy.gov/afdc/ http://www.biopreferred.gov/ http://energystar.gov/products http://www.eere.energy.gov/femp/procurement http://www.epeat.net/ http://www.epa.gov/Ozone/snap/index.html http://epa.gov/cpg http://epa.gov/watersense/

BLANKET PURCHASE AGREEMENT (BPA) Page 8 of 22

SECTION D. PACKAGING AND MARKING

Packing and Marking instructions if required will be provide with each BPA Call/Purchase Order.

BLANKET PURCHASE AGREEMENT (BPA) Page 9 of 22

SECTION E. INSPECTION AND ACCEPTANCE

The requirements in this BPA apply to BPA Calls/Orders.

The Performance-based Work Statement (PWS) with Quality Assurance Surveillance Plan (QASP) applies to all BPA calls and orders.

BLANKET PURCHASE AGREEMENT (BPA) Page 10 of 22

SECTION F. DELIVERIES AND PERFORMANCE

The requirements in this BPA apply to BPA Calls/Orders.

F.1. Period of Performance:

This BPA will be valid for 5 years (From the date of award for five years) unless cancelled with a 30-day written notice from either the contractor or the Government.

Each BPA Calls/Purchase Order will have its contractual Period of Performance.

F.2. Place of Performance: Quotes/Proposals will include the laboratory(ies) Location(s)

F.3. GS0919 Legal Holidays (Jan 2021)

The following legal holidays are observed by this Government agency:

New Year's Day January 01 Martin Luther King's Birthday 3rd Monday in January Presidents Day 3rd Monday in February Memorial Day Last Monday in May Juneteenth (Freedom Day) June 19 Independence Day July 04 Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veterans Day November 11 Thanksgiving Day 4th Thursday in November Christmas Day December 25

When a holiday falls on Saturday or Sunday, it is observed on the adjacent Friday or Monday, respectively.

In addition to the holidays listed above, the contractor agrees to observe leave days or closures designated by Federal Statute, Executive Order, or Presidential Proclamation.

BLANKET PURCHASE AGREEMENT (BPA) Page 11 of 22

SECTION G. BPA CALL/PURCHASE ORDER/CONTRACT ADMINISTRATION

The requirements in this BPA apply to BPA Calls/Orders.

Contract Administration Requirements

G.1. DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Internet Payment Platform (IPP) (September 2011)

If/when BPA Call/Orders are placed the invoicing must be via IPP. This clause does not apply to micropurchase calls when payment is made by Government Charge/Purchase Cards.

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Internet Payment Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Contractor-generated Itemized Invoice.

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in CCR) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Clause)

G.2. GS1435 Unilateral Deobligation of Unexpended Funds (SEP 2018)

The contractor shall submit all invoices under the award no later than 90 calendar days after the period of performance has expired, unless a request for extension has been submitted to the Contracting Officer. After 120 days has passed since the expiration of the performance period, the government reserves the right to issue a unilateral modification deobligating any unexpended funds, and to initiate closeout procedures.

G.3. 52.000S-5079 Technical Liaison - Technical Direction (Oct 1997)

(a) The performance required herein shall be subject to the technical direction of the Technical Liaison (TL) as identified below. As used herein, "technical direction" is defined as direction to the contractor that fills in details, suggests possible lines of approach, or otherwise supplements the scope of the work set forth herein and shall not constitute a new assignment, and does not supersede or modify any article or clause of this contract.

(b) The Technical Liaison is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes

BLANKET PURCHASE AGREEMENT (BPA) Page 12 of 22 or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government. Only a warranted Contracting Officer is authorized to obligate funds on this or any other contract action.

(c) The contractor shall immediately notify the Contracting Officer in writing if the Technical Liaison has taken an action (or fails to take action) or issues direction (written or oral) that the contractor considers to exceed the above limitations.

(d) The Technical Liaison assigned for this contract is:

TBD

(e) Only the Contracting Officer may designate a different Technical Liaison.

BLANKET PURCHASE AGREEMENT (BPA) Page 13 of 22

SECTION H. SPECIAL BPA REQUIREMENTS

The requirements in this BPA apply to BPA Calls/Orders.

H.1. GS1346 Compliance with Occupational Safety and Health Act -- Government-Owned Facilities/Equipment (Apr 2003)

Performance of work hereunder shall comply with the provisions of the Occupational Health and Safety Act of 1970, as amended (OSHA). If, at any time during the performance of this contract, the Government-furnished facilities and/or equipment do not conform to OSHA standards, the contractor must so notify the Contracting Officer, in writing, including a recommendation of the corrective action needed.

(End of clause)

H.2. GS1440 Wage Determination Applicable (July 2001)

In the performance of this contract, the contractor shall comply with the requirements of U.S. Department of Labor (DOL) Wage Determination (WD) for the county/state of laboratory location. The wage determination is incorporated into each BPA Call/Purchase Order contract. The DOL WDs are found at https://sam.gov/content/wage-determinations .

(End of clause)

H.3. Incorporation of Contractor Proposal into Government Contract

After BPA Call/Purchase Order Contract Award and the issuance of Notice to Proceed, the Contractor is required to perform in accordance with its proposed project schedule and technical approach, including proposed key personnel.

During performance, any variance in the project schedule, plan and methodology, or key personnel, as proposed and incorporated into the resultant contract will require advance government approval.

SECTION I. CONTRACT CLAUSES

The clauses in this BPA apply to BPA Calls/Orders.

I.1. 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/

52.204-7 System for Award Management. (Oct 2018) 52.204-12 Unique Entity Identifier Maintenance (Oct 2016) 52.204-13 System for Award Management Maintenance. (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-17 Ownership or Control of Offeror (Aug 2020) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) https://sam.gov/content/wage-determinations http://farsite.hill.af.mil/

BLANKET PURCHASE AGREEMENT (BPA) Page 14 of 22

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2021) 52.232-39 Unenforceability of Unauthorized Obligations. (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. ((Nov 2021)

(End of clause)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (May 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

_x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).

_x_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

x__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub.

L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

_x_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_x_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_x_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

_x_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

BLANKET PURCHASE AGREEMENT (BPA) Page 15 of 22

__ (13) [Reserved] _x_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2021) of 52.219-9.

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) ( 15 U.S.C.

657f).

_x_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) ( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) ( 15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) ( 15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

_x_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_x_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).

_x_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_x_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_x_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_x_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

_x_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

_x_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

_x_ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

_x_ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

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__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_x_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (Nov 2021) ( 41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) ( 41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108- 286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

_x_ (50) 52.225-5, Trade Agreements (Oct 2019) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C.

4505, 10 U.S.C. 2307(f)).

_x_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C.

3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

_x_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).

_x_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_x_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

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__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).

_x_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

_x_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-

235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

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(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) ( 41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

PROVISIONS

I.3. 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far/

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

52.212-1 Instructions to Offerors—Commercial Items. (Jul 2021)

52.212-3 Offeror Representations and Certifications—Commercial Items. (Feb 2021)

52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan—Certification. (Aug 2009)

52.225-24 Notice of Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials Under Trade Agreements. (Jan 2021)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran— Representation and Certifications. (Jun 2020)

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(End of provision)

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52.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Award Based on Best Value via a Comparative Evaluation

Comparative Evaluation. In accordance with Federal Acquisition Regulations (FAR) Part 13 - Simplified Acquisition Procedures, the Government may perform a comparative evaluation (comparing solicitation responses to each other) to select the contractor that is best suited and provides the best value, considering the evaluation factors in this solicitation.

Basis of award will be based upon price and other factors.

Non-Price Evaluation Factors:

(a) Response Packages submitted in response to this solicitation will be evaluated for non-price merit for Best Value to the Government based upon the following non-price or non-cost factors, which are of equal importance.

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Factor (A) Technical Performance: Respondents must be established in the required services business. Respondents must provide a narrative, not to exceed two pages, describing their capabilities to perform the services described in the Work Statement.

Factor (B) Past Performance: Respondents shall submit not less than two references for services performed during the past three years. Each reference shall include: the company or agency name, address, contract or order number, point(s) of contract phone number and email address(es). References provided may be contacted by the Government. Their statements will be used in the evaluation of the offeror’s quotation. In addition, any information obtained by the Government from references outside of the offeror’s quotation may also be used, in a similar manner, in the technical evaluation of the offeror’s quotation to the extent appropriate. Past performance information provided by references, from Government records, or from other than the sources identified by the offeror may be used in the evaluation under any or all applicable evaluation factors.

Contractor Performance Assessment Reporting System (CPARS) reports and Federal Awardee Performance and Integrity Information System (FAPIIS) records will be used as a source of past performance information in the source selection process, in addition to any other past performance information required under this solicitation. All past performance information will be used for both the responsibility determination and the best value decision.

Award Determination:

The award of this requirement shall be made using the procedures found in the FAR Part 13 - Simplified Acquisition Procedures.

Award shall be made to the vendor whose response package, conforming to this solicitation, is determined to be the most advantages to the government, cost or price and the other non-cost or non-price factors listed above. In determining which response package offers the greatest value or advantage to the Government, overall non-price merit will be considered more important than price or cost. The degree of importance of price or cost as an evaluation factor will increase with the degree of equality in the non-price merits of the response packages. Between acceptable response packages with a significant difference in non-price merit, a determination will be made as to whether the additional non-price merit or benefits reflected by a higher priced response package warrants payment of the additional price or cost.

Technical and past performance, when combined, (Non-price Merit) are of greater value/importance, when compared to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

SECTION J. LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

Attachment 1 – Performance-based Work Statement (PWS)

Attachment 2 – Price Schedule Template

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SECTION K. REPRESENTATIONS, CERTIFICATIONS, AND OTHER BPA REQUIREMENTS

K.1. The USGS requires contractor registration in the System for Award Management (www.sam.gov) include completed representations and certifications; before an award can be made to the contractor.

K.2. GS1115 Payment By Government-wide Commercial Purchase Card. (JUL 2001)

(a) Payments under this agreement will be made as described in clause FAR 52.232-36, Payment by Third Party.

The third party and charge card referred to in that clause is the Government issued purchase/charge card. The particular account number to be charged will be provided to the Contractor separately.

(b) If this agreement includes ordering provisions, each order will be charged to the specific charge account number provided at the time the order is placed. The card number is not shown on the order form but will be provided separately at the time the order is placed. The contractor will not accept or process an order unless and until an authorization and account number is received from the cardholder for that specific order.

K.3. GS1131 Unilateral Deobligation (MAY 2013)

The contractor shall submit all invoices under this award’s BPA Calls no later than ninety (90) calendar days after the period of performance has expired, unless a request for extension has been submitted to, and granted by, the Contracting Officer. After 120 calendar days have passed after the expiration of the period of performance, the Contracting Officer reserves the right to issue a unilateral modification deobligating any unexpended funds, and to initiate closeout procedures.

K.4. Interpretation of Blanket Purchase Agreement (BPA) Requirements

No interpretation of any clause or provision of this BPA, including applicable specifications, shall be binding on the Government unless furnished or agreed to in writing by the Contracting Officer.

K.5. Obligation of Funds

No funds are obligated by this agreement. All funds shall be obligated by individual BPA Calls citing applicable fiscal year and accounting data when issued, or, by Government Purchase Card.

K.6. GS0912 Effective Periods of Blanket Purchase Agreement (BPA) –

Prices are based on BPA Call date.

(a) The effective period(s) for placing orders under this agreement is/are as follows:

Agreement Periods Effective Period

Year One-Base Year From Date of Award for one year

Year Two From first day after Year One Base Year, for one year

Year Three From first day after Year Two, for one year

Year Four From first day after Year Three, for one year http://www.sam.gov/

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Year Five From first day after Year Four, for one year

(b) The government will review this Agreement annually to determine the need to continue the agreement and the price reasonableness of the pricing.

K.7. GS0715 Place of Inspection (JUL 2001)

Government inspection of delivered items will be performed at destination by the USGS Technical Liaison (TL) or Technical Contracting Officer’s Representative (COR) or an authorized inspector.

K.8. BPA Terms and Conditions

The terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Vendor’s invoice, the provisions of this BPA will take precedence.

K.9. BPA Estimated Value

The total amount of all orders placed under this agreement is estimated to be less than the Department of Interior (DOI)’s FAR Deviation of the Simplified Acquisition Threshold, $250,000.00.

There are no minimum amounts to be applied to this agreement. The Government is not obligated to place orders and the vendor is not obligated to accept any orders.

NOTE: The BPA is not a contract, the Government is not obligated to place any orders, and the vendor is not obligated to accept any orders. The BPA can be canceled by either party at any time. A BPA is not enforceable against either party. An enforceable contract exists only when the Government places a call against the BPA and the vendor accepts that call.