47QMCB24R0001_Government-wide_TDY_Lodging_Solution 2.0_RFP_2023-01-03.pdf

FINAL REQUEST FOR PROPOSAL (RFP)

NAICS Code:

561599 All Other Travel Arrangements and Reservations Service

Solicitation No. 47QMCB24R0001 for

Governmentwide TDY Lodging 2.0 Solution

Date of Final RFP Issuance: January 03, 2024

Earl Oberholtzer Contracting Officer

U.S. General Services Administration Federal Acquisition Service

Center for Travel and Transportation (QMAC) Travel Acquisition Support Branch (QMACB)

1800 F Street, NW Washington, DC 20405

SECTION A - SOLICITATION/CONTRACT FORM

A.1 STANDARD FORM (SF) 1449 SOLICITATION/CONTRACT/ORDER FORM

COMMERCIAL ITEMS

SECTION B - 1449 Continuation pages

B.1 CONTINUATION PAGES OF THE SF 1449

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 CLAUSES INCORPORATED BY FULL TEXT

SECTION D - CONTRACT DOCUMENTS, EXHIBITS AND ATTACHMENTS

D.1 DESCRIPTION OF SERVICES

D.2 DEFINITIONS

D.3 ACRONYMS

Acronym

D.4 PRICING SCHEDULE

D.5 PERFORMANCE WORK STATEMENT

D.5.1 BACKGROUND

D.5.2 OBJECTIVES

D.5.3 SCOPE

D.5.4 SPECIFIC REQUIREMENTS/TASKS

D.5.4.1 Contractor Mandated Resources D.5.4.1.1 D.5.4.1.2 D.5.4.1.3 D.5.4.1.4 D.5.4.1.5

D.5.4.2 Contractor Availability for Other Use D.5.4.2.1

D.5.4.3 Contractor Role in Advancement and Management D.5.4.3.1 D.5.4.3.2 D.5.4.3.3 D.5.4.3.4 D.5.4.3.5 D.5.4.3.6 D.5.4.3.7

D.5.4.4 Lodging Contract Sourcing Service

47QMCB24R0001 | Government-wide TDY Lodging Contract Solution 2.0 | Request for Proposal (RFP) 2

D.5.4.4.1 D.5.4.4.2 D.5.4.4.3 D.5.4.4.4

D.5.4.5 TDY Lodging Inventory, Rates, Terms and Conditions D.5.4.5.1 D.5.4.5.2 D.5.4.5.3 D.5.4.5.4 D.5.4.5.5 D.5.4.5.6 D.5.4.5.7 D.5.4.5.8 D.5.4.5.9 D.5.4.5.10 D.5.4.5.11 D.5.4.5.12 D.5.4.5.13 D.5.4.5.14 D.5.4.5.15 D.5.4.5.16 D.5.4.5.17 D.5.4.5.18 D.5.4.5.19 D.5.4.5.20 D.5.4.5.21 D.5.4.5.22 D.5.4.5.23 D.5.4.5.24 D.5.4.5.25 D.5.4.5.26 D.5.4.5.27 D.5.4.5.28 D.5.4.5.29

D.5.4.6 Contractor Generated Plans/Reporting/Data Normalization D.5.4.6.1 Overview

47QMCB24R0001 | Government-wide TDY Lodging Contract Solution 2.0 | Request for Proposal (RFP) 3

D.5.4.6.2 SOLICITATION/IMPLEMENTATION EXTRACTS/DELIVERABLES

D.5.4.6.2.1 FedRooms® and DoD Preferred Implementation Status Report

D.5.4.6.3 ONGOING EXTRACTS/DELIVERABLES

D.5.4.6.3.1 Weekly: FedRooms® and DoD Preferred Accepted Property Listing D.5.4.6.3.2 Monthly: Accepted Hotels and GDS Audit Findings Report D.5.4.6.3.3 Monthly - FedRooms® and DoD Preferred Contract Sales Report D.5.4.6.3.4 Monthly FedRooms® and DoD Preferred Contract Cost Avoidance/Savings Reports D.5.4.6.3.5 Monthly - FedRooms® and DoD Preferred Property Level Benchmarking D.5.4.6.3.6 Monthly - Program At A Glance Information D.5.4.6.3.7 Quarterly - SmartPay & Voucher Data Analysis & Normalization

D.5.4.6.4 QUARTERLY REVIEWS AND DELIVERABLES

D.5.4.6.4.1 Quarterly - Small Business Sales Overview D.5.4.6.4.2 Quarterly - FedRooms® and DoD Preferred Performance Review

D.5.4.6.5 Annual Marketing & Communications Plan D.5.4.6.6 Annual FedRooms® and DoD Preferred Channel Distribution

D.5.4.7 Customer Satisfaction D.5.4.8 Associated Management and Administrative Tasks D.5.4.9 SmartPay D.5.4.10 Government Lodging Data

D.5.5 KEY PERSONNEL

D.5.5.1 KEY PERSONNEL REQUIREMENTS

D.5.5.2 SUBSTITUTION OF KEY PERSONNEL

D.6 QUALITY ASSURANCE

D.7 DELIVERABLE INSPECTION AND ACCEPTANCE CRITERIA

D.8 PERIOD OF PERFORMANCE

D.9 PLACE OF PERFORMANCE

D.10 DELIVERABLES

D.11 DELIVERABLES SCHEDULE

D.5.4.6.6 D.5.4.6.6 D.5.4.6.5

D.12 AUTHORIZED NEGOTIATORS

D.13 CONTACT FOR CONTRACT ADMINISTRATION

D.14 GOVERNMENT POINT(S) OF CONTACT

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D.15 CONFIDENTIALITY AND NONDISCLOSURE

D.16 CONDUCT OF CONTRACTOR PERSONNEL

D.17 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

D.18 PRIVACY ACT

D.19 ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.2 SOLICITATION PROVISIONS INCORPORATED BY FULL TEXT

E.3 PROPOSAL SUBMISSION INSTRUCTIONS

E.4 PROPRIETARY DATA

E.5 PROPOSAL FORMAT AND CONTENT

E.5.1 GENERAL

E.5.2 ADMINISTRATIVE FILE

E.5.3 TECHNICAL FILE

E.5.4 Past Performance

E.5.5 PRICE PROPOSAL FILE

E.6 SOLICITATION EVALUATION CRITERIA

E.7 BASIS OF AWARD

E.8 EVALUATION CRITERIA – GENERAL INFORMATION

E.8.1 FACTOR ONE – TECHNICAL

E.8.2 FACTOR TWO – PAST PERFORMANCE

E.8.3 FACTOR THREE – PRICE FUNDING MODEL

47QMCB24R0001 | Government-wide TDY Lodging Contract Solution 2.0 | Request for Proposal (RFP) 5

SECTION A - SOLICITATION/CONTRACT FORM

A.1 STANDARD FORM (SF) 1449 SOLICITATION/CONTRACT/ORDER FORM

COMMERCIAL ITEMS

All offerors shall complete Blocks 12, 17a, 17b, 30a, 30b and 30c of Attachment A – Standard Form 1449 and submit a signed copy electronically to the Contracting Officer at earl.oberholtzer@gsa.gov by the closing RFP deadline. Attachment A of this document is the SF 1449.

(END OF SECTION A)

SECTION B - 1449 Continuation pages

B.1 CONTINUATION PAGES OF THE SF 1449

The continuation pages of the SF 1449 are included with Attachment A of this RFP.

(END OF SECTION B)

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far

(End of clause)

52.204-13 System for Award Management Maintenance OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-21 Basic Safeguarding of Covered Contractor Information Systems NOV 2021

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services NOV 2023

52.227-14 Rights in Data - General MAY 2014

47QMCB24R0001 | Government-wide TDY Lodging Contract Solution 2.0 | Request for Proposal (RFP) 6 mailto:earl.oberholtzer@gsa.gov https://www.acquisition.gov/far https://www.acquisition.gov/far/part-52#FAR_52_212_4

52.237-3 Continuity of Services JAN 1991

(End of clause)

C.2 CLAUSES INCORPORATED BY FULL TEXT

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (DEC 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L.

115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

47QMCB24R0001 | Government-wide TDY Lodging Contract Solution 2.0 | Request for Proposal (RFP) 7 https://www.acquisition.gov/far/part-52#FAR_52_237_3

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

_X__(10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts.

(Dec 2023) ( Pub. L. 115–390, title II).

_X_ (11) (i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204–30.

_X_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C.

6101 note).

_X_ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

_X_ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (17) [Reserved] __ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C.

644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

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__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C.

644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

_X_ (20) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 15 U.S.C.

637(d)(2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 15 U.S.C.

637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2023) of 52.219-9.

__ (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C.

637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).

__ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2023)( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C.

637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

_X_ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Nov 2023) .

_X_ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_X_ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36 _X_ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

_X_ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

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_X_ (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C.

chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

__ (40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (44) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).

__ (47) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (50) 52.223-21, Foams (Jun2016) (E.O. 13693).

_X_ (51) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (52) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (NOV 2023) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

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__ (54) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

_X_ (55) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) ( 42 U.S.C. 5150).

__ (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) ( 31 U.S.C. 3332).

__ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (64) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

__ (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C.

637(d)(13)).

_X_ (67) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

_X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C.

chapter67).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

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___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).

_X_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

_X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O.

13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and

(d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

47QMCB24R0001 | Government-wide TDY Lodging Contract Solution 2.0 | Request for Proposal (RFP) 12

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C.

3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C.

4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by KasperskyLab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L.

115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(Dec 2023) ( Pub. L. 115–390, title II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C.

793).

(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

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(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).

(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).

(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O.

13706).

(xxii) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed six (6) months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within fifteen (15) days prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least thirty (30) days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years plus the time extended under 52.217-8, if any.

(End of clause)

252.239-7009 Representation of Use of Cloud Computing. (SEP 2015)

(a) Definition. “Cloud computing,” as used in this provision, means a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction. This includes other commercial terms, such as on-demand self-service, broad network access, resource pooling, rapid elasticity, and measured

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service. It also includes commercial offerings for software-as-a-service, infrastructure-as-a-service, and platform-as-a-service.

(b) The Offeror shall indicate by checking the appropriate blank in paragraph (c) of this provision whether the use of cloud computing is anticipated under the resultant contract.

(c) Representation. The Offeror represents that it—

_____ Does anticipate that cloud computing services will be used in the performance of any contract or subcontract resulting from this solicitation.

_____ Does not anticipate that cloud computing services will be used in the performance of any contract or subcontract resulting from this solicitation.

(End of Provision)

252.239-7010 Cloud Computing Services (JAN 2023)

(a)Definitions.As used in this clause—

“Authorizing official,” as described in DoD Instruction 8510.01, Risk Management Framework (RMF) for DoD Information Technology (IT), means the senior Federal official or executive with the authority to formally assume responsibility for operating an information system at an acceptable level of risk to organizational operations (including mission, functions, image, or reputation), organizational assets, individuals, other organizations, and the Nation.

“Cloud computing” means a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction. This includes other commercial terms, such as on-demand self-service, broad network access, resource pooling, rapid elasticity, and measured service. It also includes commercial offerings for software-as-a-service, infrastructure-as-a-service, and platform-as-a-service.

“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

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“Cyber incident” means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

“Government data” means any information, document, media, or machine readable material regardless of physical form or characteristics, that is created or obtained by the Government in the course of official Government business.

“Government-related data” means any information, document, media, or machine readable material regardless of physical form or characteristics that is created or obtained by a contractor through the storage, processing, or communication of Government data. This does not include contractor’s business records e.g. financial records, legal records etc. or data such as operating procedures, software coding or algorithms that are not uniquely applied to the Government data.

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

“Media” means physical devices or writing surfaces including, but not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which information is recorded, stored, or printed within an information system.

“Spillage” security incident that results in the transfer of classified or controlled unclassified information onto an information system not accredited (i.e., authorized) for the appropriate security level.

(b) Cloud computing security requirements. The requirements of this clause are applicable when using cloud computing to provide information technology services in the performance of the contract.

(1) If the Contractor indicated in its offer that it “does not anticipate the use of cloud computing services in the performance of a resultant contract,” in response to provision 252.239-7009 , Representation of Use of Cloud Computing, and after the award of this contract, the Contractor proposes to use cloud computing services in the performance of the contract, the Contractor shall obtain approval from the Contracting Officer prior to utilizing cloud computing services in performance of the contract.

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(2) The Contractor shall implement and maintain administrative, technical, and physical safeguards and controls with the security level and services required in accordance with the Cloud Computing Security Requirements Guide (SRG) (version in effect at the time the solicitation is issued or as authorized by the Contracting Officer) found at https://public.cyber.mil/ dccs/ dccs-documents/ unless notified by the Contracting Officer that this requirement has been waived by the DoD Chief Information Officer.

(3) The Contractor shall maintain within the United States or outlying areas all Government data that is not physically located on DoD premises, unless the Contractor receives written notification from the Contracting Officer to use another location, in accordance with DFARS 239.7602-2 (a).

(c) Limitations on access to, and use and disclosure of Government data and Government-related data.

(1) The Contractor shall not access, use, or disclose Government data unless specifically authorized by the terms of this contract or a task order or delivery order issued hereunder.

(i) If authorized by the terms of this contract or a task order or delivery order issued hereunder, any access to, or use or disclosure of, Government data shall only be for purposes specified in this contract or task order or delivery order.

(ii) The Contractor shall ensure that its employees are subject to all such access, use, and disclosure prohibitions and obligations.

(iii) These access, use, and disclosure prohibitions and obligations shall survive the expiration or termination of this contract.

(2) The Contractor shall use Government-related data only to manage the operational environment that supports the Government data and for no other purpose unless otherwise permitted with the prior written approval of the Contracting Officer.

(d) Cloud computing services cyber incident reporting. The Contractor shall report all cyber incidents that are related to the cloud computing service provided under this contract. Reports shall be submitted to DoD via http://dibnet.dod.mil/.

(e) Malicious software. The Contractor or subcontractors that discover and isolate malicious software in connection with a reported cyber incident shall submit the malicious software in accordance with instructions provided by the Contracting Officer.

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(f) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in the cyber incident report (see paragraph (d) of this clause) and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.

(g) Access to additional information or equipment necessary for forensic analysis.Upon request by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis.

(h) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (f) of this clause.

(i) Records management and facility access.

(1) The Contractor shall provide the Contracting Officer all Government data and Government-related data in the format specified in the contract.

(2) The Contractor shall dispose of Government data and Government-related data in accordance with the terms of the contract and provide the confirmation of disposition to the Contracting Officer in accordance with contract closeout procedures.

(3) The Contractor shall provide the Government, or its authorized representatives, access to all Government data and Government-related data, access to contractor personnel involved in performance of the contract, and physical access to any Contractor facility with Government data, for the purpose of audits, investigations, inspections, or other similar activities, as authorized by law or regulation.

(j) Notification of third party access requests. The Contractor shall notify the Contracting Officer promptly of any requests from a third party for access to Government data or Government-related data, including any warrants, seizures, or subpoenas it receives, including those from another Federal, State, or local agency.

The Contractor shall cooperate with the Contracting Officer to take all measures to protect Government data and Government-related data from any unauthorized disclosure.

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(k) Spillage.Upon notification by the Government of a spillage, or upon the Contractor’s discovery of a spillage, the Contractor shall cooperate with the Contracting Officer to address the spillage in compliance with agency procedures.

(l) Subcontracts. The Contractor shall include this clause, including this paragraph (l), in all subcontracts that involve or may involve cloud services, including subcontracts for commercial services.

(End of clause)

(END OF SECTION C)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS AND ATTACHMENTS

D.1 DESCRIPTION OF SERVICES

The Contractor shall provide all personnel, equipment, supervision, and any other items and non-personal services necessary to perform TDY Lodging contract services for the Federal Government as defined in this Performance Work Statement, except for those items specified as government furnished property and services. The Contractor shall perform to the standards within this RFP and any resulting contract.

D.2 DEFINITIONS

Availability - The number of vacancies for a specific type of accommodation for a specific set of dates.

Application Programming Interface (API) – A software intermediary that allows two applications to talk to each other.

Average Daily Rate (ADR) - A measure of the average rate paid for rooms sold. It is calculated by dividing room revenue by rooms sold.

Best Available Rate (BAR) - Also known as “Best Unrestricted Rate” (BUR) or “Best Flexible Rate” (BFR). This is the best non-negotiated rate available at the time of booking. BAR rates fluctuate with the market and are set at the start of the year, however each hotel has the capacity to change the rate (on a daily basis if they wish) to meet local conditions.

Benchmarking - Analysis and comparison of an organization’s negotiated or contracted hotel rates to similar size comparative organizations.

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Best in Class (BIC)- BIC solutions are rigorously vetted, well-managed Governmentwide solutions that help Governmentwide efforts in optimizing spend under management. The Governmentwide TDY Lodging solution, the backbone for FedRooms® and DoD Preferred, has been designated as a Best In Class (BIC) solution by the Office of Management and Budget.

Brand.com - A term used to refer to hotel companies’ (or other brands) first-party websites, which are used as a primary portal for consumers to book directly with said company.

Centrally Billed Account (CBA) - A travel card/account established by the Contractor at the request of the agency/organization. These may be card/cardless accounts.

Payments are made directly to the Contractor by the agency/organization.

Chain-Scales – Chain-scale segments are a method by which branded hotels are grouped based on the actual average room rates. Independent hotels, regardless of their average room rates, are included as a separate chain-scale category. The chain-scale segments are: Luxury, Upper upscale, Upscale, Upper midscale, midscale, Economy, and Independents.

Class - Class (e.g. luxury, upper upscale, upscale, upper midscale, midscale, economy) is an industry categorization which includes chain-affiliated and independent hotels. The class for a chain-affiliated hotel is the same as its chain-scale. An independent hotel is assigned a class based on its ADR, relative to that of the chain hotels in its geographic proximity. Hotels located in the same market and classified in the same chain-scale segment as the subject hotel are grouped with the subject hotel into one of seven market scale groups/class segments:

● luxury;

● upper upscale;

● upscale;

● upper midscale;

● midscale; and

● economy.

Commission - That payment that a travel agent receives from a supplier for selling transportation, accommodation or other services.

Contract Access Fee - reimburses GSA and DoD for the cost of developing and operating its respective contract vehicles.

Defense Travel Management Office (DTMO) – Serves as the single focal point for commercial travel within DoD with central oversight for travel programs, travel policy

47QMCB24R0001 | Government-wide TDY Lodging Contract Solution 2.0 | Request for Proposal (RFP) 21 and implementation, travel card program management, customer support and training, functional oversight of the Defense Travel System (DTS) - a fully integrated, automated, end-to-end travel management system that enables DoD travelers to create authorizations (TDY travel orders), prepare reservations, receive approvals, generate travel vouchers, and receive a split reimbursement between their bank accounts and the Government Travel Charge Card (GTCC) vendor. DTS operates at over 9,500 total sites worldwide. On average, DTS processes more than 25,000 transactions while approximately 100,000 unique users access it on a daily basis.

Defense Travel System (DTS) - A fully integrated, automated, end-to-end travel management system that enables DoD travelers to create authorizations (TDY travel orders), prepare reservations, receive approvals, generate travel vouchers, and receive a split reimbursement between their bank accounts and the Government Travel Charge Card (GTCC) vendor.

Distribution channels - The path through which travel related goods and services travel from the supplier/vendor to the consumer. Typical travel distribution channels are the Federal Government’s E-Gov Travel Service 2 (E2 Solutions and ConcurGov), ETSNext, Defense Travel System (DTS), and travel agents (TMCs).

DoD Preferred Commercial Lodging - is managed by the Defense Travel Management Office (DTMO) under section 642 of the FY21 National Defense Authorization Act which provides DoD the authority to direct travelers to utilize specific types of lodging. Key provisions of the Travel and Transportation Authorities are codified in the United States Code, Title 37, §451 et seq. DoD focuses primarily on a high level of quality for the program and participating hotels to ensure Duty of Care for DoD travelers. The program strategically sources commercial lodging properties that meet specific quality, safety, and security requirements and provide traveler conveniences and amenities at a rate that is a minimum of 10% below per diem. The number of properties selected for the program is determined by the estimated amount of lodging needed for DoD Personnel in an area.

https://www.travel.dod.mil/Programs/Lodging/DoD-Preferred-Commercial-Lodging/Beco me-a-DoD-Preferred-Hotel/ provides more information on the program.

Dynamic Pricing - A discounted rate off the BAR rate. Corporations can negotiate a fixed discount off the BAR if they have sufficient room night volume. The discounted rate fluctuates in line with BAR fluctuations. Also referred to as Dynamic Rates.

E-Folio - Travel-related purchase detail offered electronically and typically sent to an email account and retrieved through a computer or mobile device.

E-Gov Travel Services (ETS2) - Civilian agencies’ end-to-end travel management service (E2 Solutions and ConcurGov) that automates and consolidates the Federal travel process in a secure Web-centric environment.

47QMCB24R0001 | Government-wide TDY Lodging Contract Solution 2.0 | Request for Proposal (RFP) 22 http://www.businessdictionary.com/definition/path.html http://www.businessdictionary.com/definition/goods-and-services.html http://www.businessdictionary.com/definition/travel.html http://www.businessdictionary.com/definition/vendor.html http://www.businessdictionary.com/definition/consumer.html https://www.travel.dod.mil/Programs/Lodging/DoD-Preferred-Commercial-Lodging/Become-a-DoD-Preferred-Hotel/ https://www.travel.dod.mil/Programs/Lodging/DoD-Preferred-Commercial-Lodging/Become-a-DoD-Preferred-Hotel/

ETSNext - The next generation civilian agency end-to-end travel management service that consists of the Federal travel booking, authorization, and expense/voucher process in a secure Web-centric environment. Implementation begins in late 2024 as the existing ETS2 contract ends in 2027.

Extended Stay Lodging - Extended-stay properties or serviced apartments that focus on attracting guests for extended periods of time, typically more than five consecutive nights. These properties quote daily, weekly or monthly rates.

FedRooms® - FedRooms® provides Federal Travel Regulation (FTR)-compliant hotel rooms at or below per diem with standard amenities for federal government travelers.

Fiscal Year (FY) - October 1 through September 30 of every calendar year.

Franchisor - A company that sells franchises.

Franchisee - An individual or company buying or leasing a franchise.

Global Distribution System (GDS) - A reservation platform started by code sharing airline partners to enable reservations for airlines. Later on hotels, cars, and cruise companies came on board. There are 3 major GDS companies (Amadeus, Sabre, Travelport+/Galileo) that offer a comprehensive travel shopping and reservation platform to travel agents worldwide. Agents use one of these systems to book airline, car, hotel, and other travel arrangements for their customers. Online Travel Agents (OTA) also use one or more GDS to power some or all of the content on their site. Government booking tools (ETS2, ETSNext and DTS) currently utilize GDS for airline, car, and hotel inventory.

Government Rate - Generic room rates sold to Government buyers (Federal, state and local) that are established and managed by individual hotels. The Government does NOT manage these rates.

Green - Sustainable/environmental efforts and programs in the lodging industry which preserve natural resources.

Group rooms - Group rooms are sold in blocks of a minimum of ten rooms or more (e.g. government groups, group tours, domestic and international groups, association, convention and corporate groups).

Hotel Attachment - Booking a hotel for a traveler when they book a flight or rail ticket with an overnight stay.

47QMCB24R0001 | Government-wide TDY Lodging Contract Solution 2.0 | Request for Proposal (RFP) 23 https://www.gsa.gov/travel/plan-book/gsa-lodging/fedrooms

Hotel types - Hotel classifications are driven primarily by building structure and secondarily by service level. Hotel types are:

● All-suite: All guest rental units consist of one or more bedrooms and may include a separate living area. Many suites contain kitchenettes or mini-refrigerators.

Suite hotels often have no integrated dining facilities available; however, many offer complimentary breakfast.

● Boutique: These are hotels that appeal to their guests because of their unusual amenity and room configurations. They are normally independent and smaller than 200 rooms with a high rack rate. However, there are three chains whose hotels are automatically coded as boutique: W Hotels, Kimpton Hotels and Joie de Vivre Hotels.

● Conference: Lodging hotels that place major focus on conference operations and which meet guidelines of the International Association of Conference Centers.

● Convention: Hotels with a minimum of 300 rooms and large meeting facilities (minimum of 20,000 Square feet) and not part of the conference center group.

● Destination resorts: These are hotels that appeal to the leisure traveler, are located in resort markets, and are considered a destination in themselves. They have extensive amenities, multiple pools, multiple restaurants, and normally a beautiful physical hotel. If a hotel has the word “resort’ in its name and is part of a luxury or upper-upscale chain, it is automatically considered a destination resort.

● Extended stay: Hotel which have kitchenettes in room, including a stove-top burner. Extended stay hotels focus on attracting hotel guests for extended periods of time, typically more than 5 consecutive nights. These hotels quote daily and weekly rates.

● Full-service - Full-service hotels are generally mid-price, upscale or luxury hotels with a restaurant, lounge facilities and meeting space as well as minimum service levels often including bell service and room service. These hotels report food-and-beverage revenue.

● Gaming/casino: Lodging hotels that place major focus on casino operations.

● Golf: Hotel with a golf course on hotel property to be considered. Does not include a hotel which only has privileges on an off-property course.

● Hotel/motel: A hotel is an establishment that provides paid lodging on a short-term basis. A motel is a hotel designed for motorists and usually has a parking area for motor vehicles adjacent to guest rooms, which typically open to the parking lot rather than an interior corridor.

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