Hotels-TERMS AND CONDITIONS 07Jan22.pdf

TERMS AND CONDITIONS

(07 January 2022)

1. Description of Agreement: This Blanket Purchase Agreement (BPA) is a written instrument of understanding between your firm and the 182 Airlift Wing Peoria, Illinois. This agreement pertains to the acquisitions of non-personal service and/or supplies to furnish rooms and related services for the Peoria Illinois Air National Guard personnel participating in our supporting weekend Regularly Scheduled Drills (RSD’s), Split Regularly Scheduled Drills (SRSD’s), and Active Duty for Training as called for by the Contracting Officer or the Contracting Officer’s Representative (COR). This agreement shall run for a period of five (5) years, as an example, 01 February 2022 through 31 January 2027. The actual period of performance will be included in each awarded BPA Call. Over the RSD weekend approximately 250 to 300 nights of lodging are estimated to be required in Friday or Saturday night stays for a regularly scheduled drill. This will increase if additional days are necessary before or after the RSD.

The contractor or government shall elect to terminate this agreement by not less than a thirty (30) days written notice on company letterhead. The items required are as follows:

1.1. Rates – Rooms shall be at or below the local per diem rate, and may include the Hotel Operator’s Occupation

Tax or HOOT tax and TIFs, in place at the time of the BPA Call. The Federal Government is tax exempt.

Illinois State Law does allow the hotel to invoice for the state and local Hotel Owner’s Occupation Tax. The contractor may choose to not implement the HOOT tax if they are willing to not include it as part of the standardized rate. The standardized rate must include any additional fees, i.e. room processing fees for travel agencies. The rate may only be changed via a request on company letterhead once between 01 September and 30 September of each year. The room rate shall be guaranteed for a minimum of 1 calendar year for each hotel location. The contractor is not authorized to incorporate any applicable handling fees.

1.2. Security – The contractor shall ensure a safe and crime free environment. The sleeping rooms shall be secured and access limited to member occupants, cleaning staff, and management in case of emergencies.

1.3. Specific Amenities – All facilities and courtesies customarily extended to occupants without charge, i.e. pools, lounges, parking areas, Wi-Fi, etc., shall be also made available without additional charge to the Government under this BPA.

1.3.1. Room Requirements:

a) Rooms that require double occupancy shall contain two (2) beds.

b) Each room shall contain one television set (color preferred) in good working order, dresser space, not less than two drawers per occupant, all beds shall be equipped with innerspring or foam mattresses, box springs and all necessary linens, blankets, pillows, etc.

c) Each room shall have a private bath, tub, shower or both.

d) Bed linens shall be changed on a daily basis or as per the standards of the Hotel/Hotel industry.

e) Rooms are to be cooled by refrigerated air conditioning and adequately heated in season with an individual temperature control in each room.

f) Rooms shall be provided with daily maid service, to include, but not limited to: clean towels, soap and one clean drinking glass per occupant.

g) Rooms must be neat, clean, free from rodents, insects, in good repair and free from fire and health hazards.

h) Adequate unlimited parking facilities shall be provided at no extra cost to the occupants.

i) All hotels that place individuals in a common corridor room must have a sprinkler system installed and in proper working order (NFPA 101, Chapter 17).

1.4. Liability/ Miscellaneous Services – The Government will not be responsible for any miscellaneous charges/damages incurred by travelers. The contractor shall explain to each service member that miscellaneous charges (such as telephone charges, pay-per-view movies, room service, meals, etc.) are not covered by this BPA and shall be charged to and paid by the individual. The contractor shall provide information to the member on services available that are not inclusive.

1.5. Subcontracting – The contractor shall furnish lodging in their company’s own 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.

1.6. Illegal Acts – The contractor shall not knowingly condone illegal acts on the premises of the establishment.

1.7. Room Availability:

1.7.1. The contractor shall have the minimum double or single occupancy rooms, as noted below, set aside until each RSD BPA call is issued for that month. The current schedule for RSD’s and SRSD’s will be provided to the Contractor by the COR or the Contracting Officer. This schedule is issued prior to the beginning of the federal fiscal year (October). Rooms shall be set-aside for three different types of stays.

1.7.1.1. Regularly Scheduled Drill (RSD). RSDs shall require the Contractor to block rooms for a Friday and Saturday night block of rooms. RSD blocks shall consist of a minimum of 20 – 40 individuals for one or two nights. This would equate to an estimated 40 to 80 stays. The RSD block of rooms shall be held by the Contractor until a BPA call is issued for that month or the Contracting Office notifies the contractor that they may release the remaining rooms to the public. During the current COVID-19 event, all rooms shall be assigned as single. Once the COVID-19 pandemic event has been determined to have ended then the contractor will change to blocking 20 double rooms instead of 20 single rooms for each RSD. The Contracting Office may increase or decrease this number up to 1 week prior to the RSD. After the RSD BPA Call is issued or the Contracting Office notifies the contractor, then all rooms may be released to the public and Guard members are accommodated on an as-available basis.

1.7.1.2. Split Regularly Scheduled Drill (SRSD). SRSDs shall require a Saturday night SRSD block of rooms. SRSDs shall be negotiated with the contractor ahead of time on the required number of blocked rooms. The number of rooms will be minor compared to the RSDs. SRSD block rooms shall be notified at the same time as RSD rooms are reserved. The rooms shall not be required to be held once the RSD BPA Call is either issued or rooms are released. The Contracting Officer may request additional dates on an as needed basis. After the RSD BPA Call is issued or the COR or Contracting Office notifies the contractor, then all rooms may be released to the public and Guard members are accommodated on an as-available basis.

1.7.1.3. Three Day Drills (TDD). TDDs shall require Thursday, Friday and Saturday block of rooms. RSD blocks shall consist of a minimum of 20 - 40 individuals for two or three nights. This would equate to an estimated 80 to 120 stays. The RSD block of rooms shall be held by the Contractor until a BPA call is issued for that month or the Contracting Office notifies the contractor that they may release the remaining rooms to the public. The Contracting Office may increase or decrease this number up to 1 week prior to the RSD. After the RSD BPA Call is issued or the Contracting office notifies the contractor, then all rooms may be released to the public and Guard members are accommodated on an as-available basis.

1.7.1.3. Super Regularly Scheduled Drill (Super RSD). Super RSDs shall require the Contractor to block a Wednesday, Thursday, Friday, and Saturday night block of rooms. Super RSD blocks shall consist of a minimum of 20 – 40 individuals or 80 – 160 stays. The Super RSD block of rooms shall be held until a BPA call is issued for that month or the contractor is notified that they may release the remaining rooms to the public. Guard members will be accommodated on an as-available basis.

1.7.1.4. Special Circumstances Drills. Special circumstances drills shall require the Contractor to block aside a specific number of rooms as single rooms only. The minimum number of rooms blocked shall be 40 single or double occupancy rooms. The Special block of rooms shall be held until a BPA call is issued for that month or the contractor is notified that they may release the remaining rooms to the public or 3 days prior to the first arrival, whichever action occurs first.

1.7.2. Room Utilization.

1.7.2.1. Option 1 – Regularly Scheduled Drills (RSD) – The hotel is required to utilize double occupancy to the fullest extent possible once the COVID-19 pandemic event is concluded. Otherwise the contractor will utilize single occupancy only. The contractor shall assign all roommates. The contractor shall assist hotel staff in determining the reservation status of each member by providing an option on the “Reservation Listing”, (see Reservation Listing) or the roommate’s name. The contractor shall not make changes to the reservation listing without consulting with the Contracting Officer Representative’s (COR) Office. The contractor will develop a reservation process that utilizes double occupancy to the fullest extent possible.

The contractor will provide a single room to all Flight Status Aircrew. The Call Log will have all members on Flight Status already identified. The Government reserves the right to allow additional members to request a single room. This charge is not allowable at this time, but it may be negotiated between the Government and the Contractor at a later date.

1.7.2.2. Option 2 – Annual Training (AT). Some members will be performing their “Annual Field Training” and some will be performing “Extended Active Duty Training” at the Peoria Air National Guard and will be authorized consecutive nights lodging at the member’s expense. All reservations will be made by the individual Guard members and will be billed to the member’s personal or Government Travel Card. These members shall not have their room direct billed by the Contractor. The Contractor will be notified with as much notice as possible prior to those dates and the Government shall be accommodated with top priority.

1.7.3. If no double rooms are available, management shall designate single rooms in lieu of double rooms at no additional cost to the Government.

1.7.4. Rooms shall be made available to all personnel assigned regardless of gender, race, color, creed or national origin and the contractor shall affirmatively act to insure that all designated personnel are given identical consideration in assignment of room accommodations and use of public facilities provided for guests generally.

1.7.5. Reservation Procedures.

1.7.5.1. All reservations will be made by the Government. The Government shall only be charged for the rooms actually utilized on the BPA Calls. The hotel shall contact the COR for any member not utilizing the room that has been assigned. Members will not change rooms at the hotel. The hotel shall forward any requests to the Contracting Office.

1.7.5.2. Check-In/ Check-Out Procedures - Military members will show their military I.D. card at the time of check-in to obtain the Government rate. Personnel not possessing a current, valid military I.D. card at the time of check-in shall not be allowed to obtain a room at government expense. The Designated Representative will provide a current Reservation Listing on a monthly basis to the Contracting Office and the Contractor. The Reservation Listing is a current list of all personnel requesting a room at Government expense. The Contracting Officer will provide the Reservation Listing with the monthly BPA Call to the hotel. If an individual is not listed on the Reservation Listing, then they shall not be provided a room. If the hotel makes the decision to provide an individual with a room without checking with the Contracting Office, then the Hotel shall be responsible for the room charges for that individual. No one shall be allowed to get room keys for another person.

1.7.5.3. Cancellations/ Late Arrivals/ Early Departures – All cancellations will be processed through the Contracting Office or the COR. The Contracting Office or COR will contact the hotel no later than 1300 on the day of the arrival. The Contractor shall turn away any individual that arrives without a reservation number. Every attempt will be made to contact the hotel within 24 hours of any weather emergency or other national emergency cancellations.

1.7.5.4. Reservation Method Alternatives. The Contractor may offer up alternative reservation methods that may include electronic reservation methods. All alternative methods must be approved by the Contracting Officer.

1.7.5.5. Room Buy Out Alternative. The Government currently has no Room Buy Out Alternative that would allow a member to buy out the other half of the room and allow the member to have a stay by themselves or with family. However, if this type of reservation becomes authorized, then the contractor must be willing to accept the task of contacting the individual for payment with no costs or liabilities coming back to the Government for any additional charges.

1.7.5.5.1. Reserved.

1.7.6. Miscellaneous:

1.7.6.1. Contractor agrees the facilities provided may be inspected by billeting, fire protection, medical and contracting personnel at any time during the agreement period.

1.7.6.2. Contractor will ensure that each member staying each night signs the DA1379, US Army Components Unit Record of Reserve Training Form.

1.7.6.2. Department of Labor Information

1.7.6.2.1. Notice to Employees Working on Government Contracts must also be displayed in conspicuous places available to all employees and applicants for employment.

1.7.6.2.2. The “Equal Opportunity is the Law” poster must be displayed in conspicuous places available to all employees and applicants.

1.7.6.2.3. Employment of the Handicapped must be displayed in conspicuous places available to employees and applicants.

2.0. BPA Authorities.

2.1. Contracting Officer’s Authority. The Peoria ILANG Base Contracting Officer (hereafter BCO) or Peoria Contracting Officer (hereafter CO) are the ONLY persons 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 BCO or CO. In the event the contractor effects any such unauthorized change at the direction of any person other than the BCO or CO, 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 BCO or CO 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 Peoria ILANG.

3.0 Extent of Obligation. The Government is obligated only to the extent of authorized purchases actually made under the BPA Calls. This BPA DOES NOT obligate any funds. Funds will be obligated when Call Orders (aka “Calls”) are placed against this BPA by the BCO or CO. The Government is only obligated to the extent of authorized individual purchases (Calls) actually placed against this BPA. Under no circumstances will calls be authorized when placed after the expiration date of the Agreement or after that month has been invoiced.

4.0. BPA Call Ordering Process.

4.1. Request for Quote. The COR/ Ordering Officer will request the number of rooms available for that night. The Contractor agrees to provide no less than the minimum number of rooms called for in para. 1.7.1.1. As dates are identified for training that will require personnel to be placed in hotels, the Contractor shall request a quote from each hotel for a BPA call at the firm fixed price identified in in para. 4.2. The contractor shall respond within 48 hours of the contracting officer requesting rooms. The Contractor hotel rooms will be filled by the Contractor according to the lowest rate offered until all lodging requirements have been met.

4.2. Pricing - The prices to the Government shall be as low as 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.

4.2.1 Contractor shall indicate the BPA pricing offered per/ per night, for both double occupancy and single occupancy room rates. However, the contractor may offer a less expensive rate for either type of occupancy. The hotel rate for this BPA will be $______ plus a Hotel Operator’s Occupational Tax (HOOT) rate of 12-16% for a standard hotel rate of $_______ for each room whether it is a single or double occupancy.

4.2.2. Contractor shall not provide rates that exceed the Federal Government’s local per diem rate in place at the time of the BPA Call (Reservation). Prices shall be at or below prices offered to the contractor’s most favored customer(s), to include AAA, Senior Citizen, etc. This shall include any discounts offered for prompt payment. The Federal Government is tax exempt from sales taxes in Illinois.

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

3.3. Pricing Plans. For all pricing plans negotiated with the placement of this BPA, the following shall apply:

4.3.1 Pricing may decrease at any time without the Contracting Officer’s approval in even dollar amounts.

4.3.2. 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.

4.3.3. Price changes resulting in an increase to the agreed upon price plan shall only occur once annually.

4.3.4. If the Contractor and/ or the Contracting Officer do not agree on pricing then the BPA will not be utilized by the Government. This may require the Government to reassess the necessity of the BPA in less than 14 days.

4.3.5. 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 the 182nd AW personnel based off of predetermined rates for single and double rates for a 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 List, but shall not invoice for a higher dollar amount.

4.4. Room Occupancy. Each hotel’s available blocked rooms will be assigned until filled. Double occupancy rooms will consist of a room with two (2) beds and a private bath. Single occupancy rooms will consist of one (1) bed and a private bath.

4.5. The Contractor shall charge the Government only for rooms actually utilized. Any additional room charges, such as phone calls, movie charges, meals, etc. shall be charged to the individual(s) occupying the room.

5.0. Purchase Limitation. The dollar limitation for each individual purchase under the BPA shall not exceed $10,000.00 per day. The aggregate of all call orders issued against this BPA shall not exceed $250,000.00.

6.0 Authorized BPA Users. Any Peoria ILANG member entitled to billeting while on 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 when it is known by the member that lodging is required. Lodging requests placed against the BPA to make reservations for Peoria ILANG members on RSD status shall only be made by the Contracting Officer or the Contracting Officer’s Designated Government Representative. Peoria ILANG 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). This includes arriving without a reservation.

7.0. Government Point of Contacts. (POC).

7.1. Contracting Officers – A warranted contracting officer is authorized to change anything in this agreement on the Government’s behalf. All contractual issues will be coordinated with a warranted contracting officer within the 182nd Airlift Wing/ Mission Support Contracting Office, i.e. terms and condition changes, pricing changes, etc.

182nd Airlift Wing/ Mission Support Contracting (182 AW/ MSC) Base Contracting Officer, MSgt Benjamin Yeutson Phone: (309) 633-5204 benjamin.yeutson@us.af.mil

182nd Airlift Wing/ Mission Support Contracting (182 AW/MSC) Contracting Officer: Vacant Phone: (309) 633-5707

7.2. Contracting Officer’s Representative (COR) - An individual identified in writing to the hotel that will be authorized to discuss all non-contractual issues that arise, i.e. reservation, complaints, etc.

Office: 182nd Airlift Wing/ Force Support Squadron (FSS) Name: SMSgt Sarah Markham Phone: (309) 633-5242 sarah.markham@us.af.mil

Office: 182nd Airlift Wing/ Force Support Squadron (FSS) Name: SrA Steven Y. Cortes Phone: (309) 633-6116 Steven.cortes@us.af.mil

5.3. Individuals authorized to purchase under the BPA.

NAME OF INDIVIDUAL MAXIMUM AMOUNT OF BPA CALL

Benjamin B. Yeutson, Contracting Officer $25,000.00 Sarah E. Markham, Ordering Officer $10,000.00 Steven Y. Cortes, Ordering Officer $10,000.00

6.0. Invoicing Procedures.

6.1. An individual and summary invoice or folio shall be submitted by the Contractor for each BPA call that is issued by the COR or the Contracting Officer. Each BPA Call shall be no more than one night of stays. The invoice shall match the BPA Call or it will be rejected. If a Contracting Officer requests individual folios for each person that has stayed for a BPA call then the contractor shall provide each individual folio prior to payment. The submittal of individual folios shall be required on all days prior to payment.

6.2. Billing/Invoicing. A summary invoice shall be submitted by the Contractor at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries/services made during a billing period (ending on the last day of each month). A billing period is considered one day of stays. Summary invoices should identify all stays for the billing period. This information is needed for prompt payment. The Contracting Office has been designated as the office authorized to reconcile invoices for payment. Payment will be made via WAWF, but the Government reserves the right to only accept payment through the Lodging in Kind (LIK) GPC Card. Once the invoice has been submitted by the Contractor to the Contracting Office, the Contracting Office will notify the Contractor of any discrepancies with the billing. If there are no discrepancies, then the Contractor shall invoice the GPC for the BPA Call amount for that day’s stays. Prompt Payment will be authorized and the Contractor should expect payment within 14 days but no later than 30 days from the time the invoice is accepted within WAWF or by the COR.

6.3. The hotel shall resolve any discrepancies they have prior to the last day of the following month. Once an invoice has been submitted and accepted by the Contracting Office for a BPA Call, i.e. RSD weekend or a Non-RSD mailto:benjamin.yeutson@us.af.mil period, there will be no other charges applied for that time period. Missed invoices after the last day of the following month will not be accepted by the Government.

7.0. Performance Requirements Summary.

PWS

Paragraph

Task Performance Standard

Acceptable Quality Level (AQL)

Surveillance Method/ By Whom

1.2 The contractor shall provide

sleeping rooms that are secured and access limited to member occupants, cleaning staff, and management in case of emergencies.

The contractor provides limited access to member occupants, cleaning staff, and management 95% of the time within a year’s time period of stays.

The contractor provides access to other individuals no more than 5% of the stays in a year.

Customer complaint/ COR Monthly reports.

1.3.1 (g) The contractor shall provide rooms that are neat, clean, free from rodents, insects, in good repair and free from fire and health hazards.

The contractor provides neat, clean, free from rodents, insects, in good repair and free from fire and health hazards 95% of the time within a year’s time period of stays.

The contractor does not provide a safe, clean, free from rodents, insects, in good repair and free from fire and health hazards less than 5% of the time within a year’s time period of stays.

Customer complaint, annual inspection, Spot Checks.

1.7 The contractor provides the

minimum number of blocked rooms until no less than 14 days prior to the regularly scheduled drill each month.

The contractor provides the minimum number of blocked rooms 100% of each year’s time periods, unless a date is otherwise previously approved as part of this agreement.

The contractor provides the minimum number of blocked rooms 100% of each year’s time periods.

Monthly COR Reports

6.1 The contractor shall submit a

complete invoice prior to invoicing.

The contractor provides a complete invoice prior to invoicing in WAWF 95% of each year’s time period of stays by the end of each month.

The contractor does not provide the summary invoice by the end of each month in less than 5% of stays each year.

Monthly COR Reports

7.2. Lodging Comment Forms. The COR will forward any received lodging comment forms to the Contracting Officer within 3 business days. Lodging comment forms will be used to monitor complaints. The Contracting Officer will evaluate the services required to ensure compliance. Contractors will be notified within five (5) business days of receipt of comment form.

7.3. Inspections. The Government will consider the terms and conditions as being successfully met at a minimum when the facilities are inspected and found to be clean, safe, secure and fully-furnished rooms equipped to industry standards, FEMA certification requirements, free of insects, rodents, and other pests and not receiving more than five (5) substantial complaints from occupants within similar lodging durations. A hotel must not be an unauthorized hotel location to be considered an acceptable hotel location. An authorized hotel location must have been inspected by 182 Airlift Wing personnel within the past calendar year in order to allow personnel to utilize that hotel location.

7.3. Complaint Resolution. All complaints/ discrepancies shall be resolved within 60 days from the notice to the contractor of the discrepancy. The Contractor shall attempt to resolve the problem with the member first.

7.4. Evaluation Procedures. The COR, with assistance from the Contracting Officer, will review and validate performance criteria for accuracy. Monthly, the COR will review all the information collected and assess the number of deficiencies accumulated. With this data, the COR will determine if the Contractor’s performance is within standards. This information will be retained by the COR and used in formulating past performance evaluations for current and subsequent BPAs or contracts. For deficiencies not corrected within 60 days from the notice to the contractor of the discrepancy and to the Contracting Officer’s satisfaction, the Contracting Officer will make the final decision for continuation or termination of the BPA.

8.0. Government Furnished Items.

8.1. COR Appointment Letter. This letter will be updated upon any changes.

8.2. Reservation Listing. A listing will be provided each month of all individual’s staying in each double and single occupancy room.

8.3. Lodging Comment Form. A form that is provided to members utilizing lodging that have noted a discrepancy or problem with their stay. See Attachment 1 - Lodging Comment Form Example.

END OF TERMS AND CONDITIONS