Attachment_2_BPA_Network_Materials_Terms_of_Agreement.docx

Product Service Codes (PSC)/Federal Supply Codes (FSC)

PSC Code: 9999 Miscellaneous

FSC Code: 99 Miscellaneous Items

1. DESCRIPTION OF AGREEMENT: This Blanket Purchase Agreement (BPA) is entered into under the authority of FAR 13.303 Blanket Purchase Agreements. A Firm Fixed Price (FFP) BPA is offered for the purchase of network materials in accordance with the Statement of Work (SOW) and with the Contractors Approved Price List when and if called by the Contracting Officer or their designated representative(s) during the delivery of period specified.

This Agreement, IAW FAR 13.303-6(b) and 16.702(1)(3), shall be reviewed, at a minimum, annually before the anniversary of its effective date, and revised to conform with any requirements of Statues, Executive Orders, or the Federal Acquisition Regulation (FAR) and this Supplement. Such revisions shall be evidenced by an agreement modifying this BPA or by the issuance of a superseding BPA.

EXTENT OF OBLIGATION: It is understood and agreed that this BPA obligates the Government only to the extent that authorized Calls/Orders are actually made against it and then only when delivery against such Calls/Orders has been accepted and completed.

To be eligible and responsive for award, prime and all subcontractors must be registered at the time the quote is submitted and approved at time of award in Joint Contingency and Expeditionary Services (JCXS). U.S. companies must also be registered and approved in JCXS and System for Award Management (SAM) by the award date. In addition, all subcontractors at all tiers who will be contracted by the prime during the life of the contract shall also be registered and approved in JCXS and SAM by the award date. The contractor is required to submit a listing of all proposed subcontractors, at all tiers, to the contracting officer by the quotation date. If no subcontractors are expected to perform during the life of the contract, the prime must submit a negative response to the contracting officer before the award date. Failure to be registered in JCXS and SAM at the prime and subcontractor levels and failure to inform the contracting officer of the names of all subcontractors (or provide a negative reply) may deem the Quoter non-responsive and ineligible for award

2. PRICING: Prices to the Government are in accordance with the price list submitted by the contractor and approved by the contracting officer. Prices to the Government shall be as low or lower than those charged the supplier’s most favored customer for comparable quantities under similar terms and conditions, in addition to any discounts for prompt payment. Although pricing is quantity of one (1) each the Government reserves the right to request network materials in bulk quantity.

3. BPA ESTIMATED AMOUNTS AND ORDERING PERIOD: The Government estimates, but does not guarantee, that the total volume of purchases through this agreement may be $4,000,000.00 per year. The Government is obligated only to the extent of authorized purchases actually made under the BPA issued pursuant to this Agreement. Purchases are subject to the availability of funds.

4. ORDERING PERIOD: The agreements will be valid for a period of five (5) years from the date that the Master Agreement is established. Calls/Orders will be placed against the BPA as supplies are required. All prices shall remain valid during the ordering period. The Government reserves the right to request revalidation of prices on an annual basis.

5. PURCHASE (CALL/ORDERS) LIMITATION: No individual purchase Call/Order placed against this agreement shall exceed $1,500,000.00.

6. NOTICE OF INDIVIDUALS AUTHORIZED TO PLACE CALLS/ORDERS: The Contracting Officer will release, upon award of Calls/Orders, a list of Government individuals authorized to place Calls/Orders under that Call/Order. This list will be updated at least quarterly due to Government personnel rotation. The list will include restrictions, if any, regarding the Ordering Officer’s authorization to place a Call/Order to the limit identified in paragraph 5. No person other than those on the list of government individuals authorized or the PCO may place a Call(s)/Order(s). Each Call/Order will contain a Project Name and number that shall be used for Calls/Orders placed for individual projects.

7. BPA CALLS/ORDERS: It is the Governments intent to rotate the Calls/Orders to the Contractors that have been awarded a BPA. All Calls/Orders will be placed in writing. The materials list is not exclusive and may be expanded based on Government needs. Any additional items to be included in the BPA will be sent to all BPA holders for pricing prior to being added to the BPA Materials List.

8. DELIVERY TICKETS: Each delivery will be accompanied by a delivery ticket which will contain all of the following information (as a minimum):

a. Name of supplier. BPA number.

b. Date of call and Call/Order number.

c. Name of US Government individual placing the calls/orders.

d. Itemized list of equipment furnished.

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

f. Date of delivery

g. Location of delivery

h. Point of Contact for Delivery

i. Project Name and Number

9. INVOICES: An itemized invoice shall be submitted at least monthly and upon expiration of the BPA, for all deliveries made during a billing period identified in the Call/Order, identifying the delivery tickets covered therein, stating their total value, and supported by receipted copies of the delivery tickets.

a) Invoices will be submitted electronically using the Wide Area Workflow system https://wawf.eb.mil for contractors who are mandated to register in System for Award Management (SAM) https://www.sam.gov.

b) Invoices will be submitted manually IAW DFARS 252.232-7002(a)(1)(ii) for Contractors who are mandated to be registered via Joint Contingency Contracting System (JCCS) https://www.jccs.gov/jccscoe/

10. CONTRACTING OFFICER REPRESENTATIVE: The person designated on the Call/Order by the Contracting Officer or Ordering Officer after the BPA Call/Order is finalized is the representative of the Contracting Officer for the purpose of technical supervision, inspection and acceptance of deliveries.

11. INSPECTION: All materials received under this agreement will be inspected by a Government representative identified in the Call/Order prior to acceptance.

12. The Government reserves the right to cancel this BPA at any time, and is bound only to the extent that the Contractor must be given 10 days written notification prior to exercising this right.

13. No deletion, modification, addition to, or cancellation of this agreement shall affect any Calls/Orders previously agreed to between the parties.

14. On-Ramps and Off-Ramps:

a) On/Off ramp provisions are a strategy that the Government intends to use as flexibility to add or remove vendors from Multiple Award Agreements. On/Off ramp provisions provide an opportunity to ensure the Agency maintains access to the latest or best value solutions for rapidly evolving requirements. The strategy is used to increase competition, opportunities for competition, and expand the vendor base for supplies included in this BPA. The Government reserves the right to establish additional BPAs without additional solicitation for this effort as part of On-Ramp procedures, if it is determined to be in the best interest of the Government. The Government may elect to issue a solicitation for on-ramping, or may merely establish additional BPAs with additional vendors. All BPAs and Price Lists submitted shall be evaluated using the same evaluation criteria as set forth in the solicitation.

b) The Government will utilize Off-Ramp provisions at its discretion. The use of the Off Ramp provision enables the Government to discontinue agreements with vendors to ensure the Agency maintains access to the latest or best value solutions for rapidly evolving requirements. Examples when this strategy might be used could be for poor performance, lack of participation, security concerns, or changes in base access rights/capabilities. The strategy is used to preserve competition, opportunities for competition, and preserve the vendor base for supplies and services included in this BPA. The Government reserves the right to cancel BPAs without additional notification as part of Off-Ramp procedures, subject to paragraph 12, if it is determined to be in the best interest of the Government. Any contractor that is off-ramped shall not be entitled to compete for future Calls/Orders or receive any further Call/Order awards under this agreement. However, any contractor that is off-ramped during Call/Order performance shall be responsible to continue performance on existing orders in accordance with the terms and conditions of the orders, including order option periods, if exercised.

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