BPA_Terms_ _Conditions_(V2)_EXHIBIT_B_-_Pesticide_BPA_16-Q-0076_03_MAR_16.docx

FORT RILEY DIRECTORATE OF PUBLIC WORKS PESTICIDE AND ADJUVENTS BLANKET PURCHASE AGREEMENT

BUY TERMS AND CONDITIONS (EXHIBIT B)

03 MARCH 2016

1. Description of Agreement. The U.S. Government has an ongoing requirement to purchase various types of pesticides and adjuvants in indefinite quantities at non-regular ordering intervals as part of the Fort Riley Pest Management Plan. The Contracting Officer has authorized the establishment of a supply Blanket Purchase Agreement (BPA) with an ordering period of 5 years from the date of agreement award in order to meet this identified need. The qualified Contractor(s) shall provide pesticides and adjuvants in accordance to the specifications prescribed in Exhibit A, in the quantities required, within a defined delivery time frame, if and when requested by the Contracting Officer (or the authorized representative of the Contracting Officer). The estimated annual cumulative value for Calls placed against this BPA is approximately $110,000.00, based on usage rates for the past several years. The total value for all five years of the BPA shall not exceed $550,000.00. All quantities represented in the solicitation and resulting BPA are estimated quantities and/or dollar amounts.

2. Extent of Obligation. The Government is obligated only to the extent of authorized purchases or “Calls” actually made under the Blanket Purchase Agreement. The Contractor shall indemnify the Government for any liability producing act or omission by the Contractor, its employees and agents occurring during BPA performance. This agreement may be discontinued at any time, upon 30 days' written notice by either party. Discontinuing or modifying this agreement shall not affect any prior calls incorporated in the basic agreement. The agreement shall be reviewed semi-annually, but may be reviewed and possibly revised more frequently in order to conform to applicable acquisition regulations and emerging needs of the U.S Government. The semi-annual review allows the U.S. Government to maintain awareness of changes in market conditions, sources of supply, and other pertinent factors that may warrant making new arrangements with different suppliers or modifying existing arrangements

3. Key BPA Representatives.

i. Contracting Officer (CO/KO). Mr. Larry Graham; E-mail: larry.d.graham12.civ@mail.mil; Commercial Phone: 785-239-5226. The contracting officer is the only individual that can make changes to the Blanket Purchase Agreement and subsequent Calls. Government representatives other than the KO are NOT authorized to take any action that alters the contract. Any change to the contract will be made in writing via contract modification by the Contracting Officer. Any questions, disputes should be directed to the KO.

ii. Contract Specialist (CO/KS). CPT Jerry Andes II, E-mail: jerry.o.andes.mil@mail.mil; Commercial Phone: 785.239.5847 is the BPA administrator. All questions or concerns in regard to the administration of the agreement shall be addressed to the KS prior to contacting the KO. The KS is not authorized to act on behalf of the KO, exercise authority not eligible under the law, or change any of the terms and conditions of the BPA and/or subsequent call(s).

iii. Blanket Purchase Agreement Caller (BPAC). Mr. Jerold Spohn, Email:

jerold.w.spohn.civ@mail.mil or Commercial Phone: 785-239-2006. The BPAC serves as the KO’s direct liaison and monitors all technical (quality) provisions of the contract. The BPAC is the KO’s direct POC for requirements determination, specifications, as well as clarification and interpretation of technical requirements under the BPA as required. The BPAC ensures that the U.S. Government receives supplies that are compliant with the terms and conditions of the BPA and for each individual Call. The BPAC notifies the KS or KO of any deficiencies that cannot be corrected through communication with the Contractor. The BPAC is not authorized to act on behalf of the KO, exercise authority not eligible under the law, or change any of the terms and conditions of the BPA and/or subsequent call(s).

iv. Contractor Representative (CR) / BPA Holder (BPAH). For the purpose of this Agreement the terms CR and BPAH can be used interchangably. The CR/BPAH directly submits offers for or is awarded, or reasonably may be expected to submit offers for or be awarded a Call for supplies competed under this BPA. The winning BPAH shall adhere to the terms and conditions of this agreement and shall provide all supplies in accordance with the awarded Call.

4. Purchase Limitation. The dollar limit for each call shall not exceed $30,000.00. The total amount ordered under this agreement shall not exceed $110,000.00 within one calendar year, or $550,000 over the life of the BPA, however, the annual and overall 5-year value is amendable due to fluctuating market conditions if so determined by the Contracting Officer. Contractors shall provide an initial price list (Bid Schedule) to the Contracting Officer at in response to the solicitation. Additionally, an updated price list (Bid Schedule) shall be provided to the Contracting Officer, every six months thereafter during the semi-annual review or whenever an authorized change to the BPA affects pricing data, for the duration of the BPA. An individual BPA is considered complete when the purchases under it equal its total dollar limitation, if any, or when its stated time period expires.

5. Period of Performance. This BPA is expected to be utilized to support the acquisition of mission critical pesticide supplies for five (5) years after finalization of this BPA with the winning Contractor(s).

6. Individuals Authorized to Purchase Under the BPA. The following individual is authorized to purchase under this agreement for the dollar limitation identified:

The End User Customer Point of Contact for this BPA is Mr. Jerold W. Spohn, Agronomist; Installation Pest Management Coordinator of the Fort Riley Directorate of Public Works – Conservation Branch.

7. Ordering Procedures for BPA Calls. The Fort Riley Contracting Office will be competing each Call among all BPAHs. Each BPAH’s response will be evaluated in accordance with the selection criteria as part of with the selection process described in Paragraphs 8 &9. The successful BPAH, who is able to provide the requested Lowest Price, Technically Acceptable (LPTA) supplies accordance with the BPA terms and conditions will be awarded the BPA Call. All restricted use pesticides will be obtained under Mr. Jerold Spohn’s DoD Pesticide Handling Certification. This document will be provided to all BPAHs at time of agreement award. At the request of the Contracting Officer each agreement holder shall submit an annual price list. The pricelist is valid for one year and shall be approved by the Contracting Officer on an annual basis. The contractor shall provide to the Contracting Officer a pricelist indicating the contractor's prices on an annual basis. The Contracting Officer shall approve the pricelist annually based on a price, fair and reasonableness determination. The contractor warrants that the prices charged to the Government under this BPA shall be as low as or lower than those charged the contractor's most favored customer for comparable quantities under similar terms and conditions, in addition to any discounts applied for prompt payment. The approved pricelist shall be distributed to the authorized caller list, the contractor and maintained in the BPA file documentation. The Contracting Officer will verify the current pricelist prior to placing calls to the contractor. No call shall be placed by the Government or accepted by the contractor under this agreement outside of the approved effective period or for a product not on the approved pricelist. In addition, no call shall be placed or accepted where the delivery cannot be reasonably provided on or before the expiration or termination of the BPA.

Any purchases made pursuant to this agreement will be based the following:

8. Selection Evaluation Criteria. All proposed products shall be in accordance with the specifications prescribed in Exhibit A and the delivery terms stated in the request for quote for each call. Review Paragraph 10 (Delivery Terms) for more information regarding anticipated delivery terms for Calls placed against this BPA.

9. Selection Evaluation Process. Each BPAH shall submit a sample label and a Safety Data Sheet (SDS) for each proposed product for Government review prior establishment of the agreement, prior to awarding an Call or anytime a vendor desires to change the proposed chemical. The selection, inspection, and acceptance of supplies ordered under this BPA will consist of an evaluation of each item’s chemical composition, physical state of matter of the substrate (Ex. Powder, Crystals, Liquid, etc.), and packaging size and type. The evaluation focuses on each product’s information label to determine if the item meets selection criteria as prescribed in Exhibit A. The BPAC reviews and evaluates each proposed bid schedule for technically acceptability. In most cases, the KO will award the Call to the BPAH with the LPTA bid schedule. However, there may be instances when an emergency Call is required and the delivery schedule of a technically acceptable product is more important than the price. The U.S. Government will provide specific selection criteria and evaluation process information as part of each Request for Quote submitted to the BPAHs. Quotes for supplies selected for examination that fail to meet the selection criteria will be rejected and returned to the contractor at no cost to the government.

10. Delivery Terms. Upon notification of Call, the Contractor shall deliver the type and quantity of supplies requested to the Fort Riley Directorate of Public Works Receiving Warehouse, ATTN: Jerold Spohn, at 368 Carter Avenue, Fort Riley, Kansas 66442. Typically, the delivery date can be expected to be within 30 business days After Receipt of Order (ARO), but may be vary between 3-30 days depending upon the needs of the U.S. Government.

i. Hours of Operation. Normal business hours are from 07:30 a.m. to 4:30 p.m., Monday thru Friday, with the exception of scheduled Federal Holidays or Training Holidays. Additional days of non-delivery may exist, but the U.S. Government will identify these dates to the winning BPA Call Vendor at the time of individual Call.

ii. Disputes. All issues concerning the acceptance and delivery of requested supplies shall be handled directly between the COR and the Contractor designated representative. Contractor shall notify the Contracting Officer in writing in addition to any verbal notification of any apparent conflict between compliance with the directives, rules and regulations identified in this agreement. The Contracting Officer will review all BPA CALL conflicts and make the final resolution.

11. Delivery Tickets. All shipments under the agreement shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:

12. Invoices. The Contractor shall invoice in accordance with DFARS 252.232-7003, “Electronic Submission of Payment Requests and Receiving Reports.” The Contractor shall submit their payment request electronically using the Wide Area Workflow (WAWF). The WAWF website is located at https://wawf.eb.mil. There is no charge to use WAWF. Contractors shall register to use WAWF at this website and ensure an electronic business point of contact (POC) is designated in the System for Award Management (SAM) at https://www.sam.gov. Contractor training is available at the website Home Page, under “about WAWF”. Contractors may contact the WAWF Customer Support for assistance toll free at 866-618-5988; commercial: 801-605-7095; Fax commercial: 801-605-7453 or CSCASSIG@CSD.DISA.MIL. An itemized invoice shall be submitted for all calls as an attachment in WAWF. The terms and conditions included in this agreement apply to all purchases made pursuant to this agreement. In the event of an inconsistency between the provisions of this agreement and the supplier’s invoice, the provisions of this agreement will take precedence. Under the Prompt Payment Act, any discount offered to the Government is based on the invoice date, not the actual data of receipt in the proper paying office. It is emphasized that once a discount is offered the invoice be addressed to the proper paying office and mailed promptly. The timely submission of a proper invoice in compliance with the contract terms is the key to processing invoices with prompt payment discounts. If the paying office is unable to take the vendor offered discount under the Prompt Payment Act, it is to be remembered that the invoice payment due date reverts to the 30th day after the invoice is received or 30 days after the Government acceptance of supplies delivered and services performed by the contractor, whichever is later. In addition, discounts that do not meet the cost-effective criterion are scheduled for Net (30 days) payment.

The Contractor hereby acknowledges understanding of the proceeding BPA Buy Terms and Conditions by printing, signing and dating in the space below:

Contractor Name: ____________________

Contractor Signature: _________________

Date Signed: ________________________

Company Contact Information (Address, Phone #, & E-mail): ______________________________________________________________________________