New_Mexico_National_Guard-Lodging_BPA_Terms_&_Conditions_v.2.pdf

W912J3-17-T-1004

TERMS AND CONDITIONS PREPRICED BLANKET

PURCHASE AGREEMENT

1. NEGOTIATION AUTHORITY: The issuance of individual calls under this blanket purchase agreement will be made under the authority of 10 USC 2304 (g).

DESCRIPTION OF AGREEMENT: The Agreementor shall provide single occupancy hotel rooms subject to availability, if and when called for by the Contracting Officer or Government

Designated Representative during the period specified. Hotel facilities shall be located within a 15 mile radius of 150th Special Operations Wing (SOW), 2251 Air Guard Rd SE Kirtland Air Force

Base, NM 87117.

(a) This Agreement, including Paragraphs a and b hereof, 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 contracts therefore entered into between the parties in which this Agreement or portion thereof has been incorporated by reference.

(b) This Agreement shall be reviewed, as a minimum, annually before the anniversary of its effective date, and revised to conform to all requirements of statues, 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.

2. EXTENT OF OBLIGATION: The Government is obligated only to the extent of authorized calls actually placed against this blanket purchase agreement and shall not be liable in any manner in the event no calls are made.

3. PRICING: The Agreementor hereby warrants that the prices to the Government shall be as low as or lower than those charged to the Contractor’s most favored customer, in addition to any discounts for prompt payment. The Agreementor will furnish the Contracting Officer (see

BPA Price Listing) a price list in 1 copy for lodging services proposed to be furnished under this Agreement. The listing must be identified with the BPA number, and must be for a specific period, i.e. 1 AUG 17 through 31 JULY 18. No price changes may be made unless approved by the Contracting Officer. If prices are expected to change frequently, the

Contractor must provide monthly price lists to arrive in the Contracting office prior to the effective date of the change. Call will be made for only the items that appear on the

APPROVED PRICE LIST. Negotiation or solicitation for prices and additional requirements will be conducted by the Contracting Officer only.

4. PURCHASE (CALL) LIMITATION: No individual purchase (call) placed against this agreement shall exceed $50,000.00. Total Calls placed against this agreement shall not exceed

$150,000.00. For the purposes of this BPA, a call order is defined as the aggregate total of room nights in a billing period. The billing period is the first day through the last day of each month. If a room reservation crosses from one month into another, the appropriate billing period shall be based on the check-out date.

5. NOTICE OF INDIVIDUALS AUTHORIZED TO PLACE CALLS: A list of individuals authorized to place calls under this agreement, identified by office, phone number and email, will be furnished to the Agreementor by the Contracting Officer by separate letter. Calls received by the Agreementor from personnel not so listed will not be honored.

6. INVOICES: All shipments or deliveries under this agreement will be accompanied by an Invoice which shall contain the following minimum information:

(1) Name of Hotel

(2) Blanket Purchase Agreement Number and Call Number (such as W912J3-

17-T-1004-0001, W912J3-17-T-1004-0002, etc.). The last four digits represent the call number.

(3) Date of Purchase (Call)

(4) Itemized list of Services Furnished; i.e. Number of hotel rooms charged for occupancy with respective guest names per each room

(5) Price/per night-less applicable discounts

(6) Dates of Lodging

(7) Name of Authorized Individual Whom Placed Call

Submit invoices via email to: All individuals authorized to place calls under this agreement as indicated in the letter furnished by the Contractor.

A summary invoice shall be submitted within 5 days of completion of each call or upon expiration of this Blanket Purchase Agreement, whichever occurs first, for all deliveries made during a billing period.

7. METHOD OF PAYMENT: The Primary method of payment for the New Mexico Air

National Guard will be made via the Government Purchase Card (Visa Credit Card). Only one credit card payment will be authorized per week and will be charged in bulk after services have been rendered. Under no circumstances can the credit card invoices exceed the amount of the Call (order). If the contractor invoices exceeds the amount of the Call

(order), the Government is not responsible for those expenses, those expenses shall be covered by the contractor.

The secondary method of payment for the New Mexico Air National Guard will be made via Electronic Funds Transfer (EFT), invoices must be submitted via Wide Area Work

Flow. Orders for the Air Guard that utilize WAWF, will include the contract clause DFARS

252.232-7006 – Wide Area Work Flow Payment Instructions. The invoice can be submitted only after services have been rendered. Under no circumstances can the invoices exceed the amount of the call (order). If the contractor invoices exceeds the amount of the Call (order), the Government is not responsible for those expenses, those expenses shall be covered by the contractor.

The Primary method of payment for the New Mexico Army National Guard will be made via Electronic Funds Transfer (EFT), invoices must be submitted via Wide Area Work

Flow. Orders for the Army Guard will include the contract clause DFARS 252.232-7006 –

Wide Area Work Flow Payment Instructions. The invoice can be submitted only after services have been rendered. Under no circumstances can the invoices exceed the amount of the call (order). If the contractor invoices exceeds the amount of the Call (order), the

Government is not responsible for those expenses, those expenses shall be covered by the contractor.

PROVISIONS AND CLAUSES: The following clauses and provisions are incorporated by reference and by full text. FAR and DFARS clauses and provisions can be read in their full text at http://farsite.hill.af.mil/. The clauses are to remain in full force in any resultant contract or agreement. It is the contractor’s responsibility to become familiar with the applicable provisions and clauses.

PROVISIONS INCORPORATED BY REFERENCE

52.204-7 System for Award Management

52.204-16 Commercial and Government Entity Code Reporting

52.204-17 Ownership or Control of Offeror

52.204-22 Alternative Line Item Proposal

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

252.203-7005 Representation Relating to Compensation of Former DoD Officials 252.204-7004 Alternate A, System for Award Management

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

PROVISIONS INCORPORATED BY FULL TEXT

52.212-3 Alt I Offeror Representations and Certifications—Commercial Items Alternate I 52.252-1 Solicitation Provisions Incorporated by Reference: http://farsite.hill.af.mil

52.252-5 Authorized Deviations in Provisions: Defense Federal Acquisition Regulation Supplement (48 CFR, Chapter 2)

CLAUSES INCORPORATED BY REFERENCE

52.203-19 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements 52.204-10 Reporting Executive Compensation and First Tier Subcontract Awards

52.204-13 System for Award Management Maintenance

52.204-18 Commercial and Government Entity code Maintenance 52.204-19 Incorporation by Reference of Representations and Certifications 52.204-21 Basic Safeguarding of Covered Contractor Information Systems 52.209-6 Protect the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

52.219-6 Notice of Total Small Business Set-Aside

52.219-28 Post-Award Small Business Program Representation

52.222-3 Convict Labor 52.222-21 Prohibition of Segregated Facilities

52.222-26 Equal Opportunity

52.222-41 Service Contract Labor Standards

52.222-50 Combating Trafficking in Persons

52.222-55 Minimum Wages Under Executive Order 13658

52.222-62 Paid Sick Leave Under Executive Order 13706

52.223-18 Encouraging Contractor Policy to Ban Text Messaging While Driving

52.225-13 Restrictions on Certain Foreign Purchases

52.232-36 Payment by Third Party

52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.233-3 Protests After Award

52.233-4 Applicable Law for Breach of Contract Claim

252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.204-7003 Control of Government Personnel Work Product

252.204-7012 Safeguarding of Unclassified Controlled Technical Information 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support 252.225-7048 Export-Controlled Items http://farsite.hill.af.mil/

252.232-7009 Mandatory Payment by Government wide Commercial Purchase Card 252.232-7010 Levies on Contract Payments 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel 252.244-7000

Subcontracts for Commercial Items

252.247-7023 Transportation of Supplies by Sea

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 Instructions to Offeror--Offeror's shall provide a capability statement, (one-or-two page document that outlines your company’s capabilities, experience, in accordance with the Performance Work Statement). Offeror's shall also complete all the Price Listing.

52.212-2 Evaluation--Commercial Item: The evaluation procedure(s) to be used are:

-Lowest Price & Technical Capability (Quotes that are in adherence to the

PWS).

Contract Terms and Conditions -- Commercial Items

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders – Commercial Items ( Deviation 2013-00019) (JAN 2017)

52.222-36 Equal Opportunity for Workers with Disabilities

52.222-42 Statement for Equivalent Rates for Federal Hires

52.252-2 Clauses Incorporated by Reference: http://farsite.hill.af.mil

52.252-6 Authorized Deviations in Clauses: Defense Federal

Acquisition Regulation Supplement (48 CFR, Chapter 2)

252.232-7006 Wide Area Work Flow Payment Instructions