Attachment 3- BPA Terms and Conditions NV.docx

TERMS AND CONDITIONS

BLANKET PURCHASE AGREEMENT (BPA)

Nevada Air National Guard (NVANG) 1776 National Guard Way Reno, NV 89502

1.0 GENERAL.

1.1 Background. The 152AW, Nevada Air National Guard (NVANG) currently has a contract with a single location for lodging to support the Unit Training Assembly (UTA)/Regularly Scheduled Drill (RSD) training requirements for members conducting training in Reno, NV. This contract was established to support the NVANG UTA/RSD Troop Lodging Program that is currently being operated and managed by the NVANG Services Flight. The program primarily exists for unit members who are located outside of the local commuting distance in the Reno, NV area who require lodging to attend UTA/RSDs. It is now the intention of the NVANG to establish a Blanket Purchase Agreement (BPA) as the primary contracting tool for the required lodging 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 Federal Acquisition Regulation (FAR) Part 13.303-1, FAR Part 12 and DFARS Part 213.303 apply to this BPA.

1.2 Description of Agreement. The NVANG has a primary requirement for commercial lodging and associated support services to house NVANG members on UTA/RSD status. UTA/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 “UTA/RSD weekends”, 2 to 4 nights of lodging for approximately 120 room nights are typically required in the Reno, NV 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/RSD 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: 01-02 May 2020 and 05-06 June and 12-13 June 2020. Additionally, requirements may exist for lodging outside of the primary “UTA/RSD 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 price, which is deemed technically acceptable. If a business’s quote is found to be technically acceptable in accordance with this solicitation and SOW, price may be the determining factor. The objective of this agreement is to provide commercial lodging and associated (authorized) services for the NVANG in the local Reno., NV area while achieving the best terms, conditions and pricing. Additionally, the NVANG 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/RSD Troop Lodging 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).

This is a Small Business Set Aside under the National American Industry Classification System (NAICS) code 721110, “Hotels (except Casino Hotels) and Motels.” There shall be no third party contractors.

Attachment 1 8 February 2020

DISTANCE: Hotel shall be within 10 driving miles of 1776 National Guard Way Reno, NV 89502-4415

2.0 BPA AUTHORITIES.

2.1 Contracting Officer’s Authority. The NVANG 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 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 NVANG.

3.0 TERMS OF THE BPA.

3.1 The term of this BPA shall be two (2) years from date of the signature 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. The BPA will be reviewed on an annual basis by the 152AW Contracting Office staff to assess contractor performance and to determine whether this agreement remains in the best interest of the 152AW/ Nevada Air National Guard.

4.0 EXTENT OF GOVERNMENT (NVANG) OBLIGATION.

4.1 Payment shall be authorized for any NVANG member checking into Contractor provided commercial lodging with an advanced authorized reservation being made for the individual on UTA/RSD status ONLY by the Contracting Officer.

4.2 The NVANG is tax exempt from NV State, Municipal, or other taxes. Taxes shall not be included on any invoice. The NV State Tax Exempt number is 88-600289 (NV State Tax Exempt certificate provided upon request).

4.3 The extent of the Government’s (NVANG) 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 NVANG personnel at the time of check out.

4.4 Regardless of rank, members are not allowed to be accompanied by his/her immediate family, with the exception of married military members of the 152nd AW. It is the responsibility of the hotel to inform the 152nd AW of members who violate this mandate.

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 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 Reno, NV area.

6.2 Room rate should remain the same Sunday to Saturday.

6.3 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. GSA rates can be reviewed at https://www.gsa.gov/travel/plan-book/per-diem-rates.

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

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

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

6.5.2 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.

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

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

6.5.5 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 152AW 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. 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 NVANG member entitled to billeting while on UTA/RSD status is an “Authorized BPA User”. It is the sole responsibility of the member to provide sufficient notice to the Contracting Officer or the Contracting Officer’s Designated Government Representative from the FSS Services Flight when it is known by the member that lodging is required. Lodging requests placed against the BPA to make reservations for NVANG members on UTA/RSD status shall only be made by the Contracting Officer or the Contracting Officer’s Designated Government Representative from the FSS Services Flight. NVANG 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 The Contracting Officer is the only authorized individual placing calls against this BPA with the input and coordination provided by the FSS Services Flight.

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 simplified acquisition threshold IAW 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 an alphanumeric identifier of each order placed. Contractors shall bill monthly for the lodging nights for each particular month identified in each call. For example, all nights of lodging provided by the Contractor throughout May 2020 (1st-31st of the month) shall correspond to the alphanumeric order number identified in the first call issued. Sequentially, all nights of lodging provided throughout the month of May 2020 (1st-31st) of the month) may correspond to the first call or the following one depending on the demand.

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 152AW Contracting Office Staff personnel who possess the appropriate warrant.

11.0 CALL ORDER PROCEDURES.

11.1 Call Orders may be issued on a monthly basis based on demand (one call may satisfy several months). As training dates are identified that require NVANG members on UTA/RSD status to be housed in commercial lodging, the Contracting Officer’s Designated Government Representative from the FSS Services Flight will compile the names of members and dates of lodging required to provide a request to the contractor. This request may also be made by the Contracting Officer. When requests for lodging are issued, the Contracting Officer shall assign a “Call Number” for each month(s) 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 Contracting Officer, which is submitted to the Contractor when either all known requirements for lodging have been identified

11.2 There is no stated minimum number of rooms that are required to be reserved for NVANG 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 Contracting Officer or Contracting Officer’s Designated Government Representative from the FSS Services Flight shall provide the contractor with a list of names of NVANG members on UTA/RSD status who require lodging for each call. The listed names are subject to changes upon notification from the Contracting Officer. For UTAs, call sheets shall 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/RSD 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 Contracting Officer’s Designated Government Representative from the FSS Services Flight no later than 72 hours prior to the date lodging is required. It is incumbent upon the member or member’s Supervisor to notify the Contracting Officer or the Contracting Officer’s Designated Government Representative from the FSS Services Flight 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 NVANG 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.

12.0 DELIVERY TICKET / INVOICE REQUIREMENTS.

12.1 All shipments under this agreement shall be accompanied by delivery tickets or Invoices/folios for each Call Number 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. W50S8C-20-A-plus 4 digits)

12.1.3 The BPA Call Number issued by the 152AW (e.g. W50S8C-20-F/P- plus 4 digits)

12.1.4 Dates of purchases

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 Contracting Officer’s Designated Government Representative from the FSS Services Flight.

12.1.6 Quantity, unit price, extended price of each reservation less all applicable discounts offered.

12.1.7 Required invoicing documentation shall be sent to the Contracting Officer and 152AW Services Flight not later than 10 Business days after the billing cycle has ended. In accordance with FAR Clause 52.232-1 Payments, the contractor must submit copies of the original invoice to the authorized purchaser as identified in the individual Call Order. This information shall be emailed to:

usaf.nv.152-aw.list.fal-msc-contracting@mail.mil

12.1.8 The primary method of invoicing shall be through Wide Area Work Flow (WAWF).

12.1.9 A summary invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value, and supported by receipt copies of the delivery tickets.

12.2 The Contracting Officer / Contracting Officer’s Designated from the FSS Services Flight are 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).

14.0 ADDITIONAL CONSIDERATIONS.

14.1 The following shall apply to all BPAs established by the 152AW:

14.1.1 CANCELLATIONS/LATE ARRIVALS/EARLY DEPARTURES

14.1.1.1 Cancellation Policy. Room cancellations require notice of 2 days or more in advance of check-in time at no additional fees or charges. If cancelled after the 2 days time period before arrival day, rooms may invoiced or partially invoiced for, provided the room cannot be sold, filled or recovered in some fashion.

14.1.1.2 For purposes of this BPA if the first check-in date is Friday, the final roster will be due Wednesday before end of day. If the first check-in date if Thursday, the final roster will be due by Tuesday before end of day.

14.1.1.3 Non final roster personnel. Members not listed on the final roster are not authorized a room without an email/phone authorization from the call officer or the contracting officer.

14.1.2 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.

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

14.1.4 QUALITY ASSURANCE. The Contracting Officer’s Designated Government Representative from the FSS 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.

14.1.5 EVALUATION OF CONTRACTOR PERFORMANCE. The Government may issue out command surveys from the command team to 152AW personnel whom have occupied rooms of the facility. The comments from the surveys shall be evaluated against the requirements of the BPA.

14.1.6 Americans with Disabilities Act (ADA). The Contractor shall be in compliance with Federal, State and Municipal Health Codes, and in full regulatory compliance with ADA requirements.

14.1.7 Certificate of Occupancy. The contractor shall be in possession of a current, valid certificate of occupancy.

14.1.8 Federal Emergency Management Agency (FEMA). The Contractor shall maintain a current certification on the FEMA National Master List and be in full compliance with the Hotel and Motel Fire and Safety Act of 1990 throughout the term of the BPA.

14.1.9 The Contracting Officer has determined that the Service Contract Act is not applicable for Calls that may be issued against this BPA. A signed copy of the stand-alone 52.222-52 provision will be held by the contract administrator.

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 If a BPA is established and pricing 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 the Reno, NV area.

15.1.3 Call Sheets (rosters) shall be provided to the Contractor by the Contracting Officer or the Contracting Officer’s Designated Government Representative from the FSS Services Flight as requests for lodging are issued.

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.

17 CONTRACTOR MANPOWER REPORTING APPLICATION: The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Air Force collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/ Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk at http://www.ecmra.mil/

18 REPORTING REQUIREMENTS

18.1 Complete, accurate and timely Call Registers are important in order for the KO to meet the Contract Action Report (CAR) requirements for each and every call regardless of dollar value, to include actions by GPC under the MPT against a BPA (see DFARS PGI 204.606).

18.2 152AW Services Flight shall submit a BPA Call Register for each BPA to the KO not later than (NLT) the 5th of each month. Information from the Call Registers will be used to validate for each BPA NLT the 10th of each month.

18.3 All BPAs shall be reviewed annually by the KO or an individual delegated by the KO to ensure authorized procedures are followed, there is a continued need for the BPA, any changes needed are completed and recordkeeping is completed. KOs, working with their customers when applicable, must maintain awareness of changes in the market conditions, source of supply, and other pertinent factors which may warrant making new arrangements with different suppliers or modifying existing arrangements (i.e. increase or decrease in forecasted need). The KO shall develop a checklist which covers important compliance areas tailored to the specific BPA.

Glossary

1) Base Contracting Officer (BCO) Also known as: 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.

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

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

4) Call Number The alphanumeric order associated with each individual Call (e.g. W50S8C-20-F/P- plus 4 digits).

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

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

7) Department of Defense (DoD) Agency under which the NVANG operates.

8) Deficiency Refers to a material failure to meet a Government requirement.

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

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

11) Modification (MOD) A written change to a contract or agreement that can be unilaterally or bilaterally agreed to by both parties.

12) Nevada Air National Guard (NVANG) The organization offering this agreement. Referred to as 152AW, or Government is this document.

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

14) Unit Training Assembly (UTA) Referred to as Guard Drill, Guard Status, Regularly Scheduled Drill, or Weekend Drill Status in this document.