Attachment 1 - LODGING BPA T AND Cs.pdf

Attachment 1 1 April 2021

TERMS AND CONDITIONS

BLANKET PURCHASE AGREEMENT (BPA)

North Dakota Air National Guard (NDANG)

1400 32nd Ave. North, Fargo, ND

58102-1051

1.0 GENERAL.

1.1 Background. The 119th Wing (WG), North Dakota Air National Guard (NDANG) currently has a

Blanket Purchase Agreement (BPA) for lodging to support UTA training requirements for members conducting training in Fargo, ND. This BPA was established to support the NDANG Unit Training

Assembly (UTA) Troop Housing Program that is currently being operated and managed by the

NDANG Services Flight. The program primarily exists for unit members who are located outside of the local commuting distance in the Fargo, ND area who require lodging to attend UTAs. This BPA serves as the NDANG’s formal agreement for commercial lodging (“troop housing” or “billeting”) over UTA periods, also known as “Guard Drill” or “Weekend Training” (hereafter UTA). It is the intention of the NDANG to continue utilizing BPAs as the primary contracting tool for the required housing services to maintain continuity, auditable material control, and streamlined billing procedures for the contractor. The terms and conditions are set forth herein. Please note that the Federal

Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation System (DFARS) apply to this BPA, predominantly FAR Part 12, FAR 13.303, and DFARS 213.303.

1.2 Description of Agreement. The NDANG has a primary requirement for commercial lodging and associated support services to house NDANG members on UTA status in the Bismarck, ND and

Minot, ND area. UTA 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 “UTA weekends” and throughout any given month, 30 to 40 nights of lodging are typically required in the

Minot, ND area and 4-6 nights of lodging are typically required in the Bismarck, ND area. Required nights of lodging for eligible personnel may occasionally increase or decrease significantly, depending on mission requirements. Due to AT/OPSEC requirements, only limited dates for known required lodging will be provided in this Statement of Work for predetermined UTA training periods; additional dates shall be provided at the time of any resultant award to an interested party who provides a successful offer. Initial dates required for lodging under this contemplated BPA for Minot, ND are Thursday, June 24th, 2021 until Friday, July 2nd, 2021, the initial dates for required loding under this contemplated BPA for Bismarck, ND are Wednesday, June 2nd, 2021 until Sunday, June 6th, 2021. Additionally, requirements may exist for lodging outside of the primary “UTA

Weekends” throughout the course of any given month. The contractor shall provide lodging upon request by the Government. The Government will establish a BPA with the responsible business whose quote, conforming to the solicitation and associated Statement of Work (SOW) will be most advantageous to the Government using the “Best Value” method (see FAR 15.101). If a business’s quote is found to be technically acceptable in accordance with this solicitation, price and past performance may be the determining factor. The objective of this agreement is to provide commercial lodging and associated (authorized) services for the NDANG in the local Minot, ND and Bismarck, ND areas while achieving the best terms, conditions and pricing. Additionally, the NDANG seeks to streamline invoicing, billing, payment, ordering and delivery processes while standardizing existing reporting and analytical methods for audit and asset management. The payment vehicle for UTA

Troop Housing shall be the method that is most advantageous to the government with regard to administrative requirements. The primary method of payment shall be through Wide Area Work Flow

(WAWF).

1.3 Modifications and Cancellation. 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, the Agreement shall affect any contracts therefore entered into between the parties in which this Agreement or portion thereof has been incorporated by reference.

2.0 BPA AUTHORITIES.

2.1 Contracting Officer’s Authority. The NDANG 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.

2.2 Contractor’s Authority. The contractor shall not accept any instructions issued by Government personnel other than those given by the KO or Authorized Users 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 NDANG.

3.0 TERMS OF THE BPA.

3.1 The Period of Performance of this BPA shall be five years, 1 June 2021 – 31 May 2026, or a BPA total dollar value cap of $250,000.00, whichever occurs first. Additionally, no single “call” or “order” shall exceed $25,000.00. 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, or the

FAR and this Supplement. This revision shall be evidenced by an agreement modifying this BPA or by the issuance of a superseding BPA.

3.2 DISTANCE: Hotels/Motels shall be within 30 road miles of Minot Air Force Base, 475 Summit

Driver, Minot AFB, ND 58705 and 10 road miles of Fraine Barracks, 430 Fraine Barracks Road, Bismarck, ND 58504.

4.0 EXTENT OF GOVERNMENT (NDANG) OBLIGATION.

4.1 Payment shall be authorized for any NDANG member checking into Contractor provided commercial lodging with an advanced authorized reservation being made for the individual on UTA status ONLY, by an Authorized User.

4.2 The NDANG is tax exempt from ND State, Municipal, or other taxes. Taxes shall not be included on any invoice. The ND State Tax Exempt number is E-2001 (ND State Tax Exempt certificate provided upon request).

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

4.4 Reservations that are made for unit members whom are accompanied by immediate family and require double occupancy. The Government shall only pay half of the negotiated room cost for the unit member. One half of the total room charges shall be invoiced to the government, free of any taxes, at the conclusion of the billing cycle. The remaining balance shall be collected from the individual at time of check out and paid by personal credit card or cash. The remaining balance paid by the member for their requested accommodations may also be subject to applicable taxes in accordance with hotel policies.

5.0 OBLIGATION OF FUNDS.

5.1 This BPA DOES NOT obligate any funds. Funds shall be obligated when Call Orders (aka “Calls”) are placed against this BPA by the Base Contracting Officer. The government is only obligated to the extent of authorized individual purchases (Calls) actually placed against this BPA.

6.0 PRICING.

Pricing under this BPA shall be subject to the following requirements:

6.1 Contractor shall indicate the BPA pricing offered per room/per night, for both single and double room occupancies for the Minot, ND area and Bismarck, ND area.

6.2 Contractor shall provide rates at or below the Federal Government’s local per diem rate in place at the time of the BPA Call (reservation). 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.

6.3 Contractor shall continuously review and refresh pricing to remain competitive.

6.4 For all pricing plans negotiated with the placement of this BPA, the following shall apply:

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

6.4.2 Additional services above and beyond those minimum requirements identified in the associated statement of work 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.

6.4.3 Price changes resulting in an increase to the agreed upon price plan require written approval of the Contracting Officer.

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

6.4.5 The Contracting Officer’s approved Price Lists shall be provided on a separate document.

The Price List shall identify a priority listing of properties to lodge 119th WG personnel based off of predetermined rates for single and double rooms for a predetermined period of time. The only authorized rates for invoicing purposes that the contractor is permitted to use are the rates identified on the Approved Price List that is in place at the time that a request for lodging is placed by the Contracting Officer or an Authorized User. The contractor may invoice at rates lower than those rates on the Approved Price List, but shall not invoice for a higher dollar amount.

7.0 AUTHORIZED BPA USERS.

7.1 Any NDANG member who qualifies to secure lodging under the 119th Lodging Program while on Unit

Training Assembly (UTA) status may utilize the program. However, it is the sole responsibility of the member to provide sufficient notice to the Contracting Officer or another “Authorized User” when it is known by the member that lodging is required. Lodging requests placed against the BPA to make reservations for NDANG members on UTA status shall only be made by the Contracting Officer or another “Authorized User” who has been identified on the approved “Authorized User” appointment letter. These Authorized users shall be specifically identified members of the 119th Services Flight, as the 119th Services Flight oversees the 119th Lodging Program. NDANG members are NOT authorized to make their own reservations. Any member making their own reservations shall pay for the costs incurred at their own expense (THIS EXPENSE SHALL NOT BE PAID BY THE U.S.

GOVERNMENT).

8.0 INDIVIDUALS AUTHORIZED TO PLACE ORDERS AGAINST THIS BPA.

8.1 See Contracting Officer’s Authorized Users appointment letter provided separately.

9.0 CALL / PURCHASE LIMITATION.

9.1 Individual call orders issued against this BPA shall NOT exceed $25,000.00. The aggregate of all call orders issued against this BPA shall not exceed $250,000.00. (see FAR 13.303-5(b)).

10.0 BPA CALL ORDERS.

10.1 Call Orders will be placed against this BPA individually (aka “Calls”). A BPA Call Order number is a 13-digit sequential alpha -numeric identifier of each order placed. The Call Order number can be found in box 4 of the associated STANDARD FORM 1449 for each associated monthly Call. Each

Call Order number shall correspond to a single billing cycle’s transactions. Billing cycles shall begin on the first of the month, and conclude on the last day of the month, with limited exceptions. For example, all nights of lodging provided by the Contractor throughout February, 2021 (1st – 28th of the month) shall correspond to Call W50S8821F0001 (example Call Order number). All requests for lodging made by Authorized Users to the Contractor throughout the month of February shall be included in February’s billing cycle. Sequentially, all nights of lodging provided throughout the month of March, 2021 (1st – 31st of the month) shall correspond to Call # W50S8821F0002, and so

on. Alternative billing cycle dates may be used at the discretion and approval of the Contracting

Officer.

10.2 Authorization for placing and administering Call Orders under this BPA is solely the responsibility of the Contracting Officer up to the $25,000.00 Call Limit. This authority may only be re-delegated to other 119th Contracting Office Staff personnel who possess the appropriate warrant.

11.0 CALL ORDER PROCEDURES.

11.1 Call Orders shall be issued on a monthly basis. As training dates are identified that require NDANG members on UTA status to be housed in commercial lodging, Authorized Users (primarily one central

Point of Contact from the 119th Wing Services Flight) will compile this information (names of members and dates of lodging required) to provide a request to the contractor in which the 119th WG has entered into a BPA with for commercial lodging. This request may also be made by the

Contracting Officer. When requests for lodging are issued, the Contracting Officer shall assign a

“Call Order Number” for each month in which lodging is required. The names of the individuals and dates of lodging required for each member shall be placed on a “Call Sheet” by the 119th Wing

Services Flight, which is submitted to the Contractor when either:

11.1.1 all known requirements for lodging have been identified, or

11.1.2 the maximum Call Limit ($25,000.00) has been reached.

11.2 There is no stated minimum number of rooms that are required to be reserved for NDANG members for any given Call Order that is issued; however, the individual Call Limit of $25,000.00 shall not be breached in any case where lodging is required.

11.3 The central POC from the 119th Wing Services Flight shall provide the contractor with a list of names of NDANG members on UTA status who require lodging for each call. The listed names are subject to changes upon notification from the Contracting Officer or other Authorized Users. For UTAs, call sheets will be provided to the contractor no later than 1 week prior to any regularly scheduled UTA.

For training periods or UTAs 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 another Authorized User immediately upon notification of the requirement. It is incumbent upon the member or member’s Supervisor to notify the Contracting

Officer or other Authorized User of this requirement in a timely manner to ensure that lodging can be secured for the member over the dates that are required.

11.4 NDANG members whom are not listed on the Call Sheet for the month in which the Call Order is issued are not authorized a room without an email/phone authorization from the Contracting Officer or other Authorized User.

12.0 INVOICE REQUIREMENTS.

12.1 Invoices / folios shall be provided for each Call Number placed against this agreement and shall contain the following information:

12.1.1 Contractor’s name, telephone number and physical address

12.1.2 The appropriate BPA number (e.g., W50S88-21-A-0001)

12.1.3 The BPA Call Number issued by the 119th WG (e.g., W50S8821F0001)

12.1.4 Dates of billing cycle (e.g. 1 to 28 FEB 2021)

12.1.5 Itemized list of individuals staying in contract quarters, to include the date(s) that were utilized. If subcontractors are authorized by the Contracting Officer, Summary Invoices for each property, complete with member’s names and individuals dates of lodging for the billing cycle at each property, shall be submitted to the central POC at the 119th Wing

Services Flight.

12.1.6 Quantity, unit price, extended price of each reservation less all applicable discounts offered. If subcontractors are authorized by the Contracting Officer, One single dollar amount for one single payment shall be provided as a cumulative total of all subcontractor’s invoices throughout the billing cycle. Multiple invoices for the same billing cycle are not authorized.

12.1.7 Required invoicing documentation shall be sent to the central POC at the 119th WG

Services Flight not later than 7 Business days after the billing cycle has ended. This information shall be faxed to 701-451-2685 or emailed to:

usaf.nd.119-wg.mbx.uta-lodging-office@mail.mil

12.1.8 The primary method of invoicing shall be through Wide Area Work Flow (WAWF). One invoice shall be submitted for payment for each associated monthly Call Order and each invoice shall be appropriately identified as “Final Invoice”.

12.2 The 119th Wing Services Flight is responsible for reviewing the invoice for accuracy and for ensuring that invoices are properly and accurately documented through WAWF.

12.3 The contractor is expected to correct deficiencies brought to its attention by the Government or otherwise known by the contractor in as expedient of a manner as possible. The contractor shall prepare and submit invoices in accordance with paragraph 12.1.

13.0 PAYMENT METHOD.

13.1 The primary method of payment shall be through Wide Area Work Flow (WAWF).

mailto:usaf.nd.119-wg.mbx.uta-lodging-office@mail.mil

14.0 ADDITIONAL CONSIDERATIONS.

14.1 The following shall apply to all BPAs established by the 119th WG:

14.1.1 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, as well as the associated Statement of Work for UTA Troop Housing.

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

14.1.3 QUALITY ASSURANCE. The 119th Wing Services Flight 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. In any case where contractor performance is not being met, the Contracting Officer may request a change of venue that meets contractor performance requirements (e.g. replacement of an existing property).

14.1.4 EVALUATION OF CONTRACTOR PERFORMANCE. The Government may issue out command surveys from the command team to 119th WG & 219th SF personnel whom have occupied rooms of the facility. The comments from the surveys will be evaluated against the requirements of the BPA.

14.1.5 NO SHOWS: The military will be responsible for, and guarantee payment of quarters reserved but not used. The contractor must provide a list of no-shows to the 119th Wing

Services Flight by 10:00 a.m. the day after the occurrence. The 119th Wing Services

Flight will notify the contractor by check out time the same day, if the person will occupy contract quarters over the course of any additional nights. The military lodging office will be responsible for enforcing policy concerning no-shows. The contractor may elect to offer no charge to the Government for “no shows”; however, this decision shall not be made at a financial detriment to the contractor.

15.0 GOVERNMENT FURNISHED ITEMS.

15.1 The US Government will provide the following in support of this BPA:

15.1.1 A copy of the Blanket Purchase Agreement.

15.1.2 A copy of Appointment Letter identifying all Authorized Users who are authorized to issue lodging requests against the BPA. This will be updated and provided to the contractor on an as-needed basis.

15.1.3 If a BPA is established and pricing is accepted, a Price List identifying a priority listing of properties based off of 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. The Price List shall include single and double occupancy rates for each property included in the BPA in the

Bismarck, ND and Minot, ND area.

15.1.4 Call Sheets (rosters) to the Contractor shall be provided by the central POC at the 119th

Wing Services Flight as requests for lodging are issued.

15.1.5 Known dates of UTA training periods in which lodging is required for 119th WG & 219th

SF Members.

16.0 SYSTEM FOR AWARD MANAGEMENT.

16.1 In order to award a BPA to a contractor, the contractor must first be registered in the System for

Award Management website (https://www.sam.gov) and maintain their registration currency by renewing the registration annually. The Contractor shall provide their CAGE code, DUNS Number, and Federal Tax ID Number with their quote.

Glossary

1) Authorized Users

The Contracting Officer or other individuals identified on an “Authorized User” appointment letter who are authorized to obligate the government via BPA Calls. Authorized Users, in addition to 119th Wing

Contracting personnel, shall be from the 119th Wing Services Flight as this office oversees the 119th Wing

Lodging Program.

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

3) Blanket Purchase Agreement (BPA)

Agreement between the Government and a contractor; it is not a contract.

4) Call

An order or award against the BPA that creates an obligation. Call Orders are issued monthly.

5) Call Number

The 13 digit number (i.e. W50S8821F0001) associated with each individual Call.

6) Call Sheet

The list, a.k.a. “roster” that is provided by the central POC from the 119th Wing Services Flight to the commercial lodging provider that identifies all personnel authorized under the BPA who require lodging.

7) Defense Federal Acquisition Regulation Supplement (DFARS)

DoD Supplement to the FAR governing the implementation of this BPA.

8) Department of Defense (DoD)

Agency under which the NDANG operates.

9) Deficiency

Refers to a material failure to meet a Government requirement.

10) Federal Acquisition Regulation (FAR)

Federal regulation governing the implementation of this BPA.

11) Hotel/Motel Room

Referred to as contract housing, billeting, troop housing, or reservation(s) in the document.

12) Modification (MOD)

A written change to a contract / agreement that can be uni-laterally or bi-laterally agreed to by both parties.

13) North Dakota Air National Guard (NDANG)

The organization offering this agreement. Referred to as 119th Wing, 119 WG, or Government is this document.

14) Obligation

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

15) Unit Training Assembly (UTA)

Referred to as Guard Drill, Guard Status, or Weekend Drill Status in this document.