Terms and Conditions- BPA Propane.pdf

BLANKET PURCHASE AGREEMENT (BPA)

TERMS AND CONDITIONS

MISSION AND INSTALLATION CONTRACTING COMMAND – FT. BLISS, TX

Propane Gas

1. Description of agreement. This is a “Blanket Purchase Agreement” (BPA). It is established in accordance with Federal Acquisition Regulation (FAR) 12.201-1 (3) and 16.507-2 (3). A BPA is “a simplified method of filling anticipated repetitive needs for supplies or services by establishing ‘charge accounts’ with qualified sources of supply.” FAR 12.201-1(3).

2. Period of performance. This BPA will have a performance period of five (5) years, beginning with the date the agreement is signed. If the Government identifies your company as a qualified source of supply and chooses to establish a BPA with you, you will be authorized to provide propane gas, in accordance with the attached Schedule, when called by the Contracting Officer (KO) or their designated representative(s) during the period of 01 July 2026 through 30 June 2031. The BPA will be reviewed at least annually by the contracting office and may be terminated at any time within the five year period (subject to the 30-day notice requirement set forth immediately below) if the Contracting Officer determines that this is necessary.

3. Termination. This agreement may be terminated upon 30 days written notice by either party.

4. Extent of obligation. It is understood and agreed that this BPA obligates the government only to the extent that authorized calls are actually made against the BPA and only when delivery against such calls has been completed.

5. Competition. Each call under this BPA will be competed amongst all BPA holders. Quotes will be evaluated using the Price Only method. This means the call will be awarded to the vendor whose quote is the lowest priced of those which are technically acceptable (please see 52.212-2 on page 5 for the definition of technical capability). If additional competition is necessary, a Request for Quotes (RFQ) will be sent to vendors other than the BPA holders as required by FAR 12.201-1(3)(ii).

6. Purchase limitation. Individual calls under this agreement shall not exceed $250,000.00.

7. Individuals authorized to purchase under the BPA. Only the Contracting Officers at MICC- Fort Bliss are authorized to issue BPA Calls up to $250,000 to procure supplies under these BPAs.

The government is obligated only to the extent of authorized purchases actually made under the BPA. Only a Contracting Officer acting within the limits of his/her warrant may obligate the government. Any purchase made by government personnel acting without authority will constitute an unauthorized commitment and the vendor will risk non-payment from the government.

8. Call placement procedures. When the Government requires supplies under the BPA, a contracting officer will issue a request for quote with the Description of Agreement, delivery locations and any other relevant information. Deliveries will vary in size and delivery locations will vary, as described in the Description of Agreement. The delivery dates on BPA calls are independent of each other and may run concurrently. The Government will make every effort to allow sufficient time for vendor to respond to quotes. However, urgent requirements occur frequently, and vendors should be prepared to submit quotes within short time periods (sometimes as short as 24 hours) based on the urgency of the requirement. Submission of a quote for each call is not required; however, you must provide a response to each call. Your response may contain either a quote or a statement that you will not provide a quote for that particular call.

Failure to provide a response to five (5) calls under this BPA may result in termination of your BPA.

9. Call performance. A vendor who is seriously deficient in performance of one or more BPA call(s) may be excluded from further competition under this BPA, and the vendor’s BPA may be terminated, unless the Contracting Officer determines that the circumstances resulting in deficient performance were beyond the vendor’s control.

10. Qualified source of supply. The Government establishes BPAs with vendors it determines are qualified sources of supply capable of meeting its requirements. The Government determines whether a vendor is a qualified source of supply based in large part on information supplied by the vendor itself. If at any time the Government determines that a vendor is not, or is no longer, a qualified source of supply, or that the vendor misrepresented itself as a qualified source of supply, the vendor shall be excluded from further competition under this BPA, and the vendor’s BPA will be terminated.

11. Delivery tickets. Each delivery will be accompanied by a delivery ticket which will contain all of the following information (at a minimum):

a. Name of supplier.

b. BPA number.

c. Date of call and call number.

d. Name of person placing the call along with purchase number.

e. Itemized list of supplies/services furnished.

f. Quantity, unit price, and extension of each item, less applicable discount.

g. Date of delivery.

12. Invoices. A summary invoice shall be submitted at least monthly or upon expiration of the BPA, whichever occurs first, for all deliveries made during a billing period, identifying the delivery tickets covered therein, stating their total value, and supported by receipted copies of the delivery tickets.

13. Payment. Payment will be made in arrears upon receipt of a properly prepared invoice, and must cite the BPA number and call number. Payment will be made as stated in the instructions included in this agreement.

14. Correspondence. All correspondence concerning this BPA or a particular call shall be in writing and addressed to the Contracting Officer, with a copy to the Contracting Officer’s Representative. If the correspondence relates to a particular call, it should include the BPA call number.

TERMS AND CONDITIONS OF BLANKET PURCHASE AGREEMENT

This BPA 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, IAW FAR 52.107(b). Also, the full text of the clause may be accessed electronically at this address: https://www.acquisition.gov.

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-6 Alt I Restrictions On Subcontractor Sales to The

Government -- Alternate I

NOV 2021

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights NOV 2023 52.204-7 System for Award Management NOV 2024 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code

Reporting

JUL 2016

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

JAN 2025

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information

Regarding Responsibility Matters

OCT 2018

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-1 Instructions to Offerors - Commercial Products and Commercial Services

SEP 2023

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

https://www.acquisition.gov/

52.219-6 Notice of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns JAN 2025 52.219-28 Post-Award Small Business Program

Representation

JAN 2025

52.219-33 Nonmanufacturer Rule SEP 2021 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and

Remedies

JAN 2025

52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the

National Labor Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons OCT 2025 52.223-3 Hazardous Material Identification And Material

Safety Data

FEB 2021

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former

DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights

JAN 2023

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors FEB 2026 252.209-7004 Subcontracting With Firms That Are Owned or

Controlled By The Government of a Country that is a State Sponsor of Terrorism

FEB 2026

252.225-7001 Buy American And Balance Of Payments Program-

- Basic

FEB 2024

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.247-7023 Transportation of Supplies by Sea OCT 2024

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(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:

(i) Price

a. The Government will assess the prices of all acceptable offers to determine whether they are fair and reasonable. Award will be made to the offeror with the lowest evaluated price among the technically acceptable proposals.

b. Reasonableness: The existence of adequate price competition is expected to support a determination of reasonableness; a price is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business.

c. Realism: Analysis the government uses to ensure the quoter understands the requirement. Quoting unrealistically low in price may be considered indicative of a lack of understanding of the complexity and risk in the contract requirements.

Unrealistic offers may not be considered for award. The ability of the quoter to perform aspects of the anticipated contract from inception to completion will be considered as part of the overall "realism" evaluation.

d. Completeness: Completeness is compliance of the quoter with Addendum to

FAR Provision 52.212-1, Instruction to Offerors.

e. Unbalanced pricing: Exists when, despite an acceptable evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of price analysis techniques. Quotes that are determined to be unbalanced may be rejected if the lack of balance poses a significant risk to the Government.

(ii) Technical capability of the item offered to meet the Government requirement:

a. Offeror shall submit a copy of its National Propane Gas Association Certification for New Mexico and Texas.

b. Offeror must submit documentation demonstrating 3 to 5 years of experience providing propane deliveries.

c. Offeror must provide at least two contracts that show proof of performance in the last two years.

(iii) Past Performance

Process: The Government will conduct an initial evaluation of all proposals to determine price acceptability and whether the proposed prices are fair and reasonable. From the set of proposals found technically acceptable, the Government will then identify the offeror that most clearly demonstrates the capability to meet the requirements specified in the PWS. As part of this determination, the offeror must show the ability to mobilize and begin performance promptly upon contract award.

(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)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2018-

O0021) (JUN 2020)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, 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.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in a subcontract for commercial items. 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 (OCT 2015) (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 (Jul 2018) (Section 1634 of Pub. L. 115- 91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(viii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(ix) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(xii) 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.

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

(xiv)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).

(xv) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvii) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

(xxi) 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).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from MICC-Fort Bliss, 111 Pershing Road, Fort Bliss, Texas 79916

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

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):

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):

(End of clause)

5152.233-4000 AMC-LEVEL PROTEST PROGRAM (NOV 2008) (LOCAL

CLAUSE)

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. If you want to file a protest under the AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below. All other agency-level protests should be sent to the contracting officer for resolution.

HQ Army Material Command Office of Command Counsel 9301 Chapek Rd, Room 2-1SE3401 Ft. Belvoir, VA 22060-5527 Facsimile number (703) 806-8866 or 8875

Packages sent by FedEx or UPS should be addressed to:

HQ Army Material Command Office of Command Counsel Room 2-1SE3401 1412 Jackson Loop Ft. Belvoir, VA 22060-5527

The AMC-Level Protest procedures are found at:

http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp.

If internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures.

http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp