TERMS.AND.CONDITIONS-FUEL.BPA.docx

Terms and Conditions Fuel and Oil Supplies U.S. Army Corps of Engineers, Chicago District Period of Performance: June 2017 – June 2022

Note: These terms and conditions are informational, being provided for firms interested in becoming a Blanket Purchase Agreement (BPA) holder. The BPA will contain a complete set of terms and conditions that will be bilaterally executed.

1. In accordance with FAR 13.303, this Blanket Purchase Agreement (BPA) will be utilized for the purpose of ordering any combination of Fuel and Oil supply(s), as described in the scope of work, for the Corps of Engineers, Chicago District, for the following location:

Delivery: The diesel fuel shall be delivered to the US Army Corps of Engineers (USACE) Aquatic Nuisance Dispersal Barrier (ANSDB) project site located along the Chicago Sanitary Ship Canal, beneath and north of the 135th St, Bridge, both east and west banks, in Lockport/Romeoville, IL. The mailing address for the Fish Barrier is 790 E. Old Romeo Road, Lockport, IL 60441

2. DEFINITIONS:

USACE or Government- refers to the US Army Corps of Engineers, Chicago District.

ACCEPTANCE: Upon review and acceptance of this BPA Master, by a signature of your company and the Government, you will be required to furnish any combination of supplies described in the Scope of Work, when a Call Order is issued, by an authorized purchaser from the Government

3. GOVERNMENT OBLIGATION: The Government is obligated only to the extent of authorized calls actually placed against this BPA. Establishment of this BPA does not obligate the Government to make any purchases under this BPA.

4. AUTHORIZED PURCHASERS:

Only the authorized purchasers as described in this paragraph can purchase under this BPA. Only a Government Purchase Card (GPC) holder (i.e. for calls under $3,500) and/or a Contract Specialist from the US Army Corp of Engineers-Chicago District, Contracting Office is authorized to make purchases against this Master Agreement

5. BPA MINIMUM AND MAXIMUM PURCHASES:

a. The minimum order will be not less than fifty (50) gallons. The maximum dollar purchase per call order is: $150,000. The Contractor shall be able to deliver with at least eight (8) hours notification.

6. EFFECTIVE DATES/TERMINATION: This BPA is not effective until it is signed by a Government Contracting Officer. After the Contracting Officer signature, this BPA is in effect for five (5) years from date signed, unless replaced, extended, or terminated.

7. REVIEW OF AGREEMENTS: In accordance with FAR 13.303-6, the BPA is subject to a random annual review. Reviews are performed by the Contracting Office. Should a review reveal adverse findings, the Contracting Office will contact the Contractor in writing. The Government reserves the right to replace, extend, or terminate the BPA at any point, by providing written notice to the Contractor within 30 days of the action.

8. REQUEST FOR QUOTE (RFQ) PROCEDURES:

The Government will send an email to the Contractors’ Point of Contact (POC).

The email RFQ will contain the following at a minimum:

· Unique RFQ #

· RFQ Price Sheet (Excel format)

· Requirement description

· Applicable maps, links and or notes

· Response date, & time

· Government POC

If interested in quoting, the Contractor shall return a completed quote to the Government POC by the date and time specified, by email. The Contractor is not required to quote on every RFQ, and negative responses are not required, unless stated in the RFQ.

The Government will not evaluate/award prior to the response date and time stated in the RFQ.

An award decision will be made based on an evaluation of quote(s) submitted in response to the RFQ. Awards will be issued as “Call Orders” against the BPA Master.

9. INVOICES & PAYMENT INFORMATION: BPA call orders shall be invoiced/billed separately. Each call order will contain instructions concerning who to send invoices. If the total dollar value of the call order is below the Government’s micro-purchase limit the Government may choose to pay via Government credit card (VISA). The micro-purchase limit is currently, $3,500, but is subject to change. If the method of payment is by VISA, each task order will identify a point of contact for payment.

10. CLAUSE AND PROVISION AGREEMENT: The clauses and provisions included in the Master BPA are incorporated and applicable to all call orders placed against the BPA Master.

11. CONTRACTING OFFICERS REPRESENTATIVE (COR) (OPTIONAL):

A COR may be designated to a call order, should the Contracting Officer find it necessary due to the requirement. The Contractor shall accept instructions only from the Contracting Officer or a duly appointed representative (a COR). Only a warranted Contracting Officer acting within their delegated limits has the authority to issue modifications or otherwise change the terms and conditions of this agreement. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this agreement or make changes to any issued call orders, the contractor shall not proceed with the change and shall immediately notify the Contracting Officer.

12. SECURITY: All contractors and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.