47QMCB24R0001_AttachmentD_2024_DoDPreferred_Terms_and_Conditions_2023-08-30.docx

Required DoD Preferred 2024 Terms and Conditions of Participation

Please read the following Terms and Conditions of Participation in the DoD Preferred Commercial Lodging & Hotel Program, managed by the Department of Defense in partnership with the DoD Preferred contractor (currently, CW Government Travel, Inc.). This program is exclusive to participants whose properties are located in the Continental United States (CONUS) and will operate in our current participating temporary duty (TDY) locations (80), with the addition of sites in San Diego, CA and Colorado Springs, CO for 20232024.

Submission of rates and acceptance into the DoD Preferred program denotes Participant’s agreement with the terms below. Non-compliance will result in Participant’s suspension or removal from the DoD Preferred program; an administrative fee may be assessed for re-entry that could include DoD’s costs.

All decisions made by the Defense Travel Management Office (DTMO) regarding DoD Preferred participation are final and not subject to appeal. Submission of a bid constitutes acceptances of all Terms and Conditions.

DoD Preferred Commercial Lodging Program

1. DoD Preferred Rate Requirements:

· Rates must be at least 10% below the General Services Administration’s maximum lodging allowance (per diem) for each season. The 10% discount to the per diem rate is the minimum discount that will be considered for participation in the program; however, in a number of markets a greater discount to per diem may be necessary for acceptance based on all rate discount submissions in the market.

· When the per diem rate for the traveler’s TDY location differs from the per diem rate for the property’s physical location, then per diem is based on the traveler’s TDY location.

· Rates should be offered for standard room types. For purposes of the DoD Preferred program, a standard room, which typically makes up the majority of the rooms in the property, will have either one or two beds, can accommodate two travelers, and will have the furnishings and amenities that are most commonly found at that property. Rooms with premium views or with upgraded accommodations do not need to be included as standard rooms. If the property is marketed as an “All-Suite” property, the smallest suites, at a minimum, will be considered to be standard rooms.

· Last Room Availability (LRA) is required for inclusion in this program. The DoD Preferred rate must be available to DoD travelers if a standard room is available. The percent of standard rooms offered to DoD Preferred will be a factor in property selection. All properties will need to provide both the number of standard rooms in the property as defined above and the number of rooms/suites that are being included in this program.

· Rates must be loaded in the Global Distribution System (GDS, e.g. Sabre and Worldspan) at the negotiated rate and must also be at or below the published Best Available Rate (BAR), published government and other publicly available rates for federal government travelers on official business. Detailed Rate loading instructions will be provided with the notification of acceptance into the program.

2. Rates are valid from January 1, 2024 through December 31, 2024. The property has the option to load rates through March 31, 2025 as long as the rates loaded are at least 10% below per diem or the actual percentage discount off per diem offered to and accepted by DoD Preferred. If the property is not accepted in the 2025 DoD Preferred program, then all DoD Preferred rates must be removed from the GDS as of January 1, 2025.

3. Properties are allowed a maximum of 25 blackout days in 5 blackout periods with no more than 5 consecutive blackout days from January 1, 2024 through December 31, 2024. Properties are not required to have the DoD Preferred rate available on blackout dates. Properties may not offer a DoD Preferred rate for a blackout date that is higher than the DoD Preferred rate accepted on the Request For Proposals (RFP).

4. A one-time adjustment may be made as of October 1, 2024 if the local per diem rate changes on that date, but the percentage discount offered may not be reduced below the original negotiated discount percentage. The property must immediately contact hotels@dodpreferred.com with any new rate being offered or the property will be removed from the program. Requests for rate adjustments must be submitted in writing to hotels@dodpreferred.com. DoD Preferred rates may not be increased over the negotiated rate without appropriate DTMO DoD Preferred program written authorization, e.g. if the negotiated rate offered is 15% below per diem, then the new rate offered must be the same 15%, or lower.

5. Cancel policy must be 4:00 p.m. day of arrival or later without additional cost or penalty. Cancel policy must match the cancel policy of other rates at the property if less restrictive than the DoD Preferred standard. A no-show charge not to exceed the cost of one room night at the DoD Preferred rate may be charged if a reservation is not canceled by the negotiated DoD Preferred cancel policy time on the day of arrival.

6. Participating properties must agree to extend the DoD Preferred rate when requested by a direct call to the property or in person if the DoD standard room type defined in paragraph 1 is available. Participating properties may ask for proof of DoD official travel including identification and presentation and/or use of Government Travel Charge Card or a single use SmartPay3 virtual account number for payment. The property owner or management company must ensure that all staff handling traveler check-in and check-out know that photocopying any government issued ID is illegal.

7. Properties in the DoD Preferred program are subject to in-person site visits to verify adequacy, including safety/security, financial protections, traveler amenities, and convenience. Lodging property standards can be found at: Lodging | Become a DoD Preferred Hotel | Defense Travel Management Office

8. Guestroom amenities must include complimentary internet, cable or satellite TV, and individual temperature controls.

9. All guestrooms must be equipped with an iron, ironing board, full length mirror, hairdryer, and workspace.

10. All DoD Preferred properties must offer non-smoking rooms.

11. All DoD Preferred properties must have a restaurant on-site or a safely walkable offsite restaurant(s) within 2 city blocks.

12. All DoD Preferred properties must have well-lit hallways, well-lit parking lots and public spaces, deadbolts, safety chains and door viewers; the property must have a fire evacuation plan in place; primary guestroom access should be through interior entrances (or through secure controlled-access for central courtyard style exterior entrances). All DoD Preferred properties must maintain hard goods and soft goods in all sleeping rooms, public areas and on-site dining facility furnishing/fixtures in good working order and to high quality standards.

13. No minimum stay requirements, day of week restrictions or deposits to guarantee room may be applied. An early departure fee may not be applied if the guest checks out by the property’s posted check-out time.

14. Participating properties accepted in DoD Preferred may not apply minimum age requirements to DoD military and civilian personnel who book a reservation through DTS (Defense Travel System) or MyTravel or present a GSA SmartPay3 Travel Charge Card or a single use SmartPay3 virtual account number to be used for payment upon check-in.

15. No additional fees may be added for parking, health club, late check-out, etc., unless guests utilize these services, authorize the fee, and there is such a fee for other guests. No resort fees, urban destination charges, daily destination fees, marketing destination fees or other add-on fees or hidden fees can be included in or otherwise associated with DoD Preferred rates. No additional fees can be charged to DoD Preferred travelers for use of the in-room safe.

16. In major metropolitan locations, free or reduced parking at the property or at a safely walkable facility within 1 city block will be a factor in property selection. If the parking facility is not within 1 city block or is not safely walkable, then complimentary valet parking will be a factor in property selection.

17. Participating properties must respond to customer service issues/concerns, immediately if the guest has not checked out. After check out, the hotel must respond within 5 business days of notification. The response must document the issue, the issue resolution and the corrective action taken to avoid reoccurrence in the future.

18. Participating properties must maintain a current listing on FEMA’s National Master List of certified hotels compliant with the Hotel and Motel Fire Safety Act of 1990 (P.L. 101-391). Participating properties must ensure that the property name on FEMA’s National Master List is correct and matches the exterior signage at the property.

19. Participating properties must be compliant with the Americans with Disabilities Act (ADA) and related Federal laws, like the Virginia Graeme-Baker Act (pool suction entrapment avoidance) and similar state laws.

20. Participating properties must possess a minimum American Automobile Association (AAA) Approved and/or 2 Crown Northstar Travel Media (NTM) rating.

21. Participating properties must provide security 24 hours each day through video monitoring of the property or must have staff on property 24/7 trained in security protocols in case of emergency.

22. Participating properties in the United States must be compliant with Kari's Law (FCC 19-76) and Section 506 of the Ray Baum’s Act which requires multi-line telephone systems to have a default configuration that permits users to directly initiate a call to 911 without dialing any additional digit, code, prefix, or post-fix and provides a 911 caller’s dispatchable location as further implemented in Federal Communications Commission’s Title 47 of the Code of Federal Regulations.

23. The DTMO requires that all properties wanting to be considered for the DoD Preferred program have taken the appropriate steps to train all personnel on recognizing and reporting human trafficking. Properties accepted in the 2024 DoD Preferred program should be prepared to provide (upon request) the steps taken to train all personnel on recognizing and reporting human trafficking (the use of force, fraud, or coercion to induce a person to provide labor or perform a sex act).

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25. Participating properties and their employees will not solicit or otherwise participate in any arrangement or scheme that includes potential fraud. Participating properties will promptly report to the Government at dodhra.mc-alex.dtmo.mbx.lodging-data@mail.mil any issues related to potential fraud. Participating properties will similarly report any solicitations to engage in such conduct.

26. The DTMO requires that all properties wanting to be considered for the DoD Preferred program have instituted enhanced cleaning and safety standards designed to protect employees and guests from exposure to the COVID-19 virus. All properties submitting bids for the 2024 DoD Preferred program will be required to respond to supplemental COVID-19 questions as part of the bid process.

27. The DTMO highly recommends that all properties wanting to be considered for the DoD Preferred program have established goals to embrace sustainability and diversity initiatives. All properties submitting bids for the 2024 DoD Preferred program will be required to respond to supplemental Sustainability and Diversity questions as part of the bid process.

28. Participating properties must agree to accept the official government-issued SmartPay3 Travel Charge Card (VISA) as a form of payment as well as a SmartPay3 virtual account number for a single payment. To the maximum extent possible and where the technology exists, the participating properties need to collect and submit level 3 credit card industry standard data to their merchant acquiring bank or credit card processor.

29. Participating properties must load rates in both the Sabre and Worldspan GDS. Rates must be loaded accurately and pass rate audits in order for properties to be listed in the Defense automated booking systems, currently DTS (Defense Travel System) and MyTravel. Participating properties who do not comply with the rate loading requirements and deadlines will be removed from the program without prior notification.

30. The property owner or management company will make every effort to communicate the tax exemption status of DoD travelers to local property management and personnel in states where the GSA SmartPay3 Travel Charge Card is exempt from state taxes. This includes, but is not limited to, distributing GSA-sponsored messaging and communication materials. For exemption status by State, please visit: https://www.gsa.gov/travel/plan-book/state-tax-exemption-information-for-government-charge-cards. As State exemption status may change, it is recommended that the vendor verify exemption status on a regular basis.

· Where applicable, the property will provide State Tax exemption forms to DoD travelers upon check-in.

· Where applicable, the property agrees to refund state and local taxes paid when the stay was exempt from state and local taxes.

31. Upon acceptance, participating properties will be sent rate loading instructions.

32. DoD Preferred participating properties are required to provide notification of all renovation/construction projects planned for the program year to hotels@dodpreferred.com. Upon notification, participating properties will be asked to provide specific detailed information about the renovation/construction project and the potential impact to DoD travelers. Properties undergoing renovation may temporarily receive lower customer satisfaction scores as a result. Providing information on the details of the renovation keeps the DTMO informed that renovations are in process at the property. The DTMO will review the information provided and confirm whether the property will be allowed to continue to receive DoD travelers during renovation/construction period.

33. If the property experiences an unexpected mechanical or operational failure or experiences an instance of uncontrollable natural forces (e.g. an act of God) such that the property is unable to host travelers or to provide the expected quality of stay or amenities, the property must immediately notify hotels@dodpreferred.com and provide pertinent information like:

· What happened?

· When did it start?

· How many DoD Preferred travelers are impacted?

· What is the timeline for resolution?

34. All DoD Preferred participating properties are required to have an established protocol in place if a traveler reports bed bugs. At a minimum, this must include:

· Taking the room out of service

· Moving the guest to another comparable room

· Having the room inspected by a qualified technician from a licensed pest control company and treated if necessary

· After confirmation of infestation, offer to treat guest’s possessions if necessary

· Emailing a copy of the inspection report certifying that the room is pest free to hotels@dodpreferred.com before the room is returned to service

35. All DoD Preferred participating properties must be registered in the System for Award Management (SAM) at: https://sam.gov.This will need to be provided in the RFP along with a current expiration date.

36. All DoD Preferred participating properties are required to comply with Section 889 of the National Defense Authorization Act for Fiscal Year 2019 that contains two prohibitions: 1. The first prohibition, set forth in Section 889(a)(1)(A), took effect August 13, 2019, and prohibits the Government from buying and using covered telecommunications equipment or services from named Chinese companies and their subsidiaries or affiliates. 2. The second prohibition, set forth in Section 889(a)(1)(B), is effective August 13, 2020, and prohibits the Government from contracting with any entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system on or after August 13, 2020, unless an exception applies or a waiver has been granted. This disclosure can be made in the SAM registration.

37. Nothing in the terms and conditions of this participation agreement shall be construed as granting DoD Preferred participating properties any right, title or interest in or to any DoD customer-provided data or information provided by DoD personnel through the Defense Travel System, MyTravel, or otherwise relating to a stay at the participating property. Information participating properties obtain about U.S. Government (USG) personnel traveling for official business is Controlled Unclassified Information (CUI) that is solely owned by the USG. Of note, CUI is defined in 32 C.F.R. 2002.4 as “information the Government creates or possesses, or that an entity creates or possesses for or on behalf of the Government, that a law, regulation, or Government-wide policy requires or permits an agency to handle using safeguarding or dissemination controls.” The USG can direct the destruction of USG data.

38. In the event a participating property is contemplating a sale of its business to a foreign national, foreign government, or entities effectively owned or controlled by a foreign government, the participating property must first provide written notification to DoD as soon as possible before DoD customer data is shared. Such notice should be 30 days in advance of the completion of any such sale. Participating properties may not share DoD customer data with a foreign national, foreign government or entities effectively controlled by a foreign government, without the express written permission from the DoD. The DoD may require the participating property to return or delete customer data, including personally identifiable information, or otherwise prohibit the release of such information. At all times, DoD retains the right to retrieve DoD customer data.

39. Participating properties will:

Secure all data concerning USG personnel and provide protection of the data in accordance with the Privacy Act of 1974, 5 U.S.C. § 552a, as amended, and Health Insurance Portability and Accountability Act, at all times. Not share the data with any non-U.S. citizens, including contractors, or with any U.S. citizen contractors who do not obtain proper clearance or meet the access and handling requirements. Ensure that there is no unauthorized disclosure of USG information.

Neither publish nor release any information concerning USG personnel or use it for marketing or other unauthorized purposes without prior DoD written approval. The data or information derived from the data shall not be disclosed, released, revealed, shown, sold, rented, leased, loaned, duplicated or disseminated without the written consent of the DoD. Data and information derived from it may not be maintained outside the United States. Data provided will not be used to extract information concerning individuals for any purpose.

Abide by all applicable DoD security rules, regulations, policies, and guidance governing certification and accreditation, security management relating to the exchange of data, personnel identity protection, and proper disposition of IT equipment, as appropriate. Ensure that unclassified, sensitive data transmitted through a commercial or wireless network are encrypted and data storage is conducted in accordance with Federal law, including the provisions of the Office of Management and Budget (OMB) and National Institute of Standards and Technology (NIST) guidance, and make certain that its contractors and partners similarly comply. For example, see Federal Information Processing Standards (FIPS) 140-2 and 140-3 certified cryptography, NIST SP 800-53, Revision 4, Security and Privacy Controls for Federal Information Systems and Organizations; and NIST SP 800-61, Revision 2, Computer Security Incident Handling Guide. This also applies to all portable storage devices, including but not limited to, laptops, CDs, DVDs, and backup tapes. If cloud storage is used, then such storage must be compliant with DoD and Federal requirements (e.g., FedRAMP).

Notify DTMO within one (1) hour of discovering the breach or potential breach via hack, loss of control, theft of data, or otherwise, concerning U.S. Government personnel by calling the DTMO Incident Response Team at (571) 372-1287 and emailing dodhra.mc-alex.dtmo.list.it-security@mail.mil

Walk Policy

40. If unable to honor all confirmed DoD Preferred reservations, the property shall, at its expense (including payment of any difference in room cost, taxes, and fees per night), secure the traveler a comparable room at another participating DoD Preferred property, provide transportation to the new property if the traveler does not have a rental vehicle and pay for one phone call. If another DoD Preferred property is not available, the property, at its expense (including payment of any difference in room cost, taxes, and fees per night), will secure a comparable room at a comparable, FEMA-approved property, and provide transportation to and from the referral property. In either case, if the original property cannot accommodate the traveler for the balance of the original reservation, then the original property will be required to pay the room cost, taxes, and fees for the entire stay at the new property.

Participation Fee Requirements

41. A 1.50% participation fee must be paid to CW Government Travel, Inc. on DoD Preferred consumed room nights booked through all distribution channels. Failure to report production and remit the 1.50% participation fee will result in removal from the program. If property belongs to a chain or parent company, the national government sales representative can confirm if the DoD Preferred production reporting and participation fee payment are handled by the chain or parent company. The 1.50% participation fee for DoD Preferred consumed room nights must be reported and paid to CW Government Travel separately from FedRooms consumed room nights. Payment of the participation fees is due 30 days after production has been reported. All check payments must be sent to the address on the invoice and the W-9 provided. Checks sent to other addresses cannot be applied to DoD Preferred invoices. The DoD Preferred contractor can also accept a variety of electronic fund transfers as well as credit card payments. Hotels may contact dodreporting@dodpreferred.com for more information on payment options.

42. The DoD Preferred production reporting is due by the 20th of every month beginning with the first month following notification of acceptance into the program; production reporting should be sent to dodreporting@dodpreferred.com. Complete instructions and the reporting template will be provided upon acceptance into the program. The required data elements are:

· Check-In Date

· Check-Out Date

· Total Amount Paid

· Room Rate Paid

· GDS Confirmation Number

· Sabre GDS Code

Suspension and Removal

Reasons for suspension and/or removal from the DoD Preferred program include, but are not limited to the following conditions:

43. Hotels can be suspended or removed from the program when data is not reported on time

44. Failure to abide by the “DoD Preferred Rate Guarantee” that all accepted DoD Preferred rates are loaded in the GDS (Sabre and Worldspan) at or below the rate offered when entering the program and competitive with other rates offered by the property, the cancellation policy is 4:00 p.m. day of arrival or later and no upgraded or additional DoD Preferred rates are available through any booking channel.

45. Accepted properties not abiding by these terms and conditions will be placed on “Suspended” status and asked to correct the infraction. If the issue is not resolved within 5 business days, the property may be removed from the program and must remove all rates identified as DoD Preferred in all distribution systems.

46. Participating properties with negative customer service reports are subject to immediate suspension from the DoD Preferred program pending full investigation. Properties will be notified of the customer service issue and will have the opportunity to respond and provide an explanation of any corrective action in writing. The written response will be reviewed, and the property will be notified if the suspension will be lifted or if the property will be removed from DoD Preferred.

47. Failure to report, and/or failure to report timely, production each month and pay the 1.50% participation fee may result in removal from the program. Participating properties must resolve all discrepancies within 30 days of notification to avoid removal.

48. Participating properties reporting zero room nights for four consecutive months may be removed from the program.

49. Any property may be removed from the DoD Preferred program without prior notification. Participating properties are responsible for reporting and remitting payment of all DoD Preferred room nights through the date of GDS rate removal. Non-Compliance with any of the terms and conditions will result in suspension or removal from the program. An administrative fee that covers DoD’s costs may be assessed against any vendor that is suspended, removed, for re-entry into the program.

DoD Preferred Contact Information

While the DoD Preferred contractor (CW Government Travel, Inc.) will be first point of contact for all issues related to the DoD Preferred RFP, the rates offered, negotiations, rate loading, and suspension and removal from the program, all decisions are made by the government. Questions can be sent to hotels@dodpreferred.com.

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