Atch 2 - Terms and Conditions_final_3 Jun 25.docx

TERMS AND CONDITIONS PREPRICED BLANKET PURCHASE AGREEMENT

1. Description of Agreement

1.1 The District of Columbia Air National Guard (DCANG) has a primary requirement for commercial lodging and associated support services to house military members on Regularly Scheduled Drill (RSD) status. RSD status may fall on any day of the month for select individuals, but generally the requirement for lodging exists over the course of one (1) weekend per month. Over these “RSD weekends”, approximately 65 rooms will be required in the Joint- Base Andrews area and 10 rooms will be required for the DC Armory areas. Required nights of lodging for eligible personnel may occasionally increase or decrease significantly, depending on mission requirements. Due to Antiterrorism/Operational Security (AT/OPSEC) requirements, only limited dates for known required lodging will be provided in this Performance Work Statement (PWS) for predetermined RSD training periods; additional dates shall be provided at the time of any resultant award to an interested party who provides a successful offer. Additionally, requirements may exist for lodging outside of the primary “RSD Weekends” throughout the course of any given month. The contractor shall provide lodging upon request by the Government. The objective of this agreement is to provide commercial lodging and associated (authorized) services for the DCANG in the Capital Region while achieving the best terms, conditions and pricing.

1.2 This Agreement may be modified or may be canceled in its entirety by either party upon thirty (30) days written notice to the other party, except that this Agreement may be canceled by the Government at any time if the parties fail to agree upon any deletion, amendment, or addition to this Agreement which is required by statute, executive order, the FAR, and/or this supplement. No deletion, modification, addition to, or cancellation of this Agreement shall affect any other contracts therefore entered into between the parties in which this Agreement or portion thereof has been incorporated by reference.

1.3 This Agreement shall be reviewed, as a minimum, annually before the anniversary of its effective date, and revised to conform to all requirements of statutes, executive orders, the Federal Acquisition Regulation (FAR), or this supplement. This revision shall be evidenced by an agreement modifying this BPA or by the issuance of a superseding BPA.

2. Extent of Obligation

2.1 The Government is obligated only to the extent of authorized purchases actually made under the BPA by authorized individuals.

2.2 Contracting Officer’s Authority. The DCANG Contracting Officer (KO) is the ONLY person authorized to direct changes in any of the requirements under this BPA and notwithstanding any provisions contained elsewhere in this BPA, said authority remains solely with the KO. In the event the contractor effects any such unauthorized change at the direction of any person other than the KO, implementation of such change shall be considered made without authority and solely at the risk of the contractor.

2.3 Contractor’s Authority. The contractor shall not accept any instructions issued by Government personnel other than those given by the KO or the Contracting Officer’s Designated Government Representative acting within the limit of his/her written authority. The contractor shall not in any way represent that he/she is a part of the U.S. Government or that he/she has any authority to contract or procure supplies under the account of the United States of America or the DCANG.

2.4 Payment shall be authorized for any military member checking into Contractor provided commercial lodging with an advanced authorized reservation being made for the individual on RSD status ONLY, by the authorized Contracting Officer’s Designated Government Representative in the 113th Force Support Squadron.

2.5 Calls made under this BPA are tax exempt from Maryland and Virginia State, Municipal, or other taxes. Taxes shall not be included on any invoice. State Tax Exempt certificate provided upon request.

2.6 The extent of the Government’s obligation shall be limited to ROOM CHARGES ONLY. Any additional room charges (e.g., telephone calls, valet services, room service, parking service, pay-per-view television services) shall be collected directly from the military member at the time of check out.

3. Purchase Limitation

3.1 The term of this BPA shall be five (5) years from date of the signature or a BPA total dollar value cap of $1,539,039.53 whichever occurs first. Additionally, no single “call” or “order” shall exceed $250,000.00. The BPA shall be reviewed on an annual basis by the 113th Contracting Office staff to assess contractor performance and to determine whether this agreement remains in the best interest of the DC Air National Guard.

4. Pricing Arrangement

4.1 The BPA is priced.

4.2 Pricing may decrease at any time without the Contracting Officer’s approval.

4.3 Additional services above and beyond those minimum requirements identified in the associated Performance Work Statement may be added by the contractor to any rate plan at any time, provided that any additional services provided do not increase the price of that plan.

4.4 Price changes resulting in an increase to the agreed upon price plan require written approval of the Contracting Officer. The Contractor shall submit requests for price adjustment in writing with an explanation for the change. The Contracting Officer will review the request and make a determination if the change is fair and reasonable. If determined fair and reasonable, a modification to the BPA will be issued to incorporate the new price list. Prices are not effective until the modification is issued. The only authorized rates for invoicing purposes that the contractor is permitted to use are the rates identified on the price list that is in place at the time that a request for lodging is placed by the Contracting Officer or the Contracting Officer’s Designated Government Representative. The contractor may invoice at rates lower than those rates on the price list but shall not invoice for a higher dollar amount.

4.5 Contractor shall provide rates at or below the Federal Government’s local per diem rate in place at the time of the BPA Call (Task Order). Prices should be at or below prices offered to the contractor’s most favored customer(s); to include discounts offered for prompt payment. The Federal Government is tax exempt.

4.6 If the Contractor and/or Contracting Officer do not agree on pricing, this BPA shall not be utilized.

5. Individual Authorized to Purchase Under the BPA

5.1 All calls will be issued as a Task Order by the Contracting Officer using the contract writing system. Authorization for placing and administering Task Orders under this BPA is solely the responsibility of the Contracting Officer. This authority may only be re-delegated to other 113th Contracting Office Staff personnel who possess the appropriate warrant.

5.2 Reservations will be made by the Contracting Officer or the Contracting Officer’s Designated Government Representative.

5.3 A list of Contracting Officer’s Designated Government Representative will be provided. If a reservation is not made by an individual listed on the authorized list, the reservation will be at the sole responsibility of the contractor.

6. Ordering Instructions

6.1 The Contracting Officer will issue task orders on a quarterly basis based on estimates provided by the 113th Force Support Squadron. Each task order will be valid for three months covering three RSD periods. However, the Government reserves the right to adjust the frequency of task order issuance as necessary.

6.2 The Contracting Officer’s Designated Government Representative shall provide the contractor with a list of names (roster) of DCANG members on RSD status who require lodging for each month. The listed names are subject to changes upon notification from the Contracting Officer or the Contracting Officer’s Designated Government Representative. For RSDs, call sheets (roster) will be provided to the contractor no later than 1 week prior to any regularly scheduled RSD. For training periods or RSDs that are made up outside of the primary UTA weekend, the dates of required lodging and the names of the individual(s) requiring lodging shall be provided to the contractor by the Contracting Officer or the Contracting Officer’s Designated Government Representative immediately upon notification of the requirement. It is incumbent upon the member or member’s Supervisor to notify the Contracting Officer or the Contracting Officer’s Designated Government Representative of this requirement in a timely manner to ensure that lodging can be secured for the member over the dates that are required.

6.3 While there is no stated minimum number of rooms that are required to be reserved for members for any given task orders, the individual task order limit of $250,000 shall not be breached in any case where lodging is required.

6.4 Members who are not listed on the Call Sheet for the month in which the Task Order is issued are not authorized a room without an email/phone authorization from the Contracting Officer or the Contracting Officer’s Designated Government Representative.

7. Invoices

7.1 All payment and acceptance actions shall be accomplished through Wide Area Workflow (WAWF).

7.2 Required invoice documentation shall be sent to the Contracting Officer’s Designated Government Representative not later than 7 business days after the performance period has ended.

7.3 The Contracting Officer’s Designated Government Representative is responsible for reviewing the invoice for accuracy and for ensuring that invoices are properly and accurately documented through WAWF procedures.

7.4 Invoices shall be submitted through WAWF upon conclusion of service/performance each month. Vendor will submit a summary document into the WAWF system identifying the following minimum information:

7.4.1 Name of vendor.

7.4.2 BPA number.

7.4.3 Date(s) of performance.

7.4.4 Task Order number.

7.4.5 Itemized list of supplies and/or services furnished (call sheets ”roster”).

7.4.6 Quantity, unit price, and total price of each month/CLIN.

8. Additional Considerations

8.1 SUBCONTRACTING. The contractor shall furnish lodging in his or her establishment or at a location agreed to by the Contracting Officer. The contractor shall not subcontract to any other establishment, or any other location not specified in the BPA without prior written approval from the Contracting Officer. Establishments proposed for subcontracting shall meet all of the terms, conditions, and specifications of services in this BPA.

8.2 ILLEGAL ACTS. The contractor shall not knowingly condone illegal acts on the premises of the establishment.

8.3 QUALITY ASSURANCE. The Contracting Officer’s Designated Government Representative will monitor the contractor’s performance and may use command surveys to solicit feedback from occupants to ensure terms, conditions and specifications of services are met.

8.4 EVALUATION OF CONTRACTOR PERFORMANCE. The Government may issue out command surveys from the command team to 113th Wing personnel who have occupied rooms of the facility. The comments from the surveys will be evaluated against the requirements of the BPA.

9. Government Furnished Items

9.1 A copy of the Blanket Purchase Agreement.

9.2 A copy of Appointment Letter identifying all designated Contracting Officer’s Designated Government Representatives who are authorized to request lodging. This will be updated and provided to the contractor on an as-needed basis.

9.3 If a BPA is established and pricing accepted, a Price List identifying predetermined rates for single and double rooms for a predetermined period of time shall be provided to the contractor. This will be updated and provided to the contractor on an annual or “as needed” basis.

9.4 Call Sheets (rosters) to the Contractor shall be provided by the Contracting Officer’s Designated Government Representative / 113th Force Support Squadron as requests for lodging are issued.

10. Glossary

Base Contracting Officer (BCO): a.k.a. Contracting Officer, CO, KO = the ONLY Government official with the authority to modify, change, cancel or otherwise deviate from the contract (agreement) in any manner.

Blanket Purchase Agreement (BPA): Agreement between the Government and a contractor; it is not a contract.

Call: An order or award against the BPA that creates an obligation.

Call Number: The order or award number associated with each individual Call.

Call Sheet: The list, a.k.a. “roster” that is provided by the Contracting Officer’s. Designated Government Representative to the commercial lodging provider that identifies all personnel authorized under the BPA who require lodging.

Contracting Officer’s Designated Government Representative: Designated 113th Force Support Squadron member(s) who are appointed in writing by the Contracting Officer to make lodging requests/reservations.

Defense Federal Acquisition Regulation Supplement (DFARS): DoD Supplement to the FAR governing the implementation of this BPA.

Department of Defense (DoD): Agency under which the DCANG operates.

Deficiency: Refers to a material failure to meet a government requirement.

Federal Acquisition Regulation (FAR): Federal regulation governing the implementation of this BPA.

Government Purchase Card (GPC): A charge card used by the Federal Government to pay for supplies and services.

Hotel/Motel Room: Referred to as contract housing, billeting, troop housing, or reservation(s) in the document.

Modification (MOD): A written change to a contract or agreement that can be unilaterally or bi-laterally agreed to by both parties.

District of Columbia Air National Guard (DCANG): The organization offering this agreement. Referred to as 113th Wing or Government in this document.

Obligation: A definite commitment that creates a legal liability of the government for the payment of goods and services ordered or received.

Regularly Scheduled Drill (RSD): Referred to as Guard Drill, Guard Status, or Weekend Drill Status in this document.