70LGLY19QGLB00054.pdf
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Federal Law Enforcement Training Center Off Center Lodging
70LGLY19QGLB00054
Notes to Offerors
COMBINED SYNOPSIS/SOLICITATION: OFF CENTER LODGING SERVICES, FLETC,
GLYNCO, GA
This is a combined synopsis/solicitation for lodging of students as a Request for Quotes (RFQ) for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued.
This commercial item acquisition will be full and open competition with a geographical restriction. The associated North American Industry Classification System (NAICS) code is
721110. This acquisition may result in multiple awards.
System for Award Management. By submission of a bid, the bidder acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the bidder does not become registered in the SAM database in the time prescribed by the
Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered bidder. Bidders may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.sam.gov.
This is a 100% full and open competition with geographical area restrictions for an area within
78 driving miles from the Federal Law Enforcement Training Center (FLETC) Front Gate. The address for the front gate is 1131 Chapel Crossing Road, Glynco (Brunswick), Georgia. No hotel/motel will be considered for an award if the hotel/motel complex is outside of the 78 driving mile restriction mentioned above.
Services are for Off Center Lodging as detailed in the Requirements listed below.
All questions concerning this acquisition must be submitted by June 5, 2019; 2:00 pm ET.
Questions will be answered via an amendment posted on FedBizOp. Questions are to be submitted to Sheila.Henley@fletc.dhs.gov with a cc to Erin.Wofford@fletc.dhs.gov.
This RFQ documents and incorporated provisions and clauses are those in effect through Federal
Acquisition Regulation (FAR) Circular: FAC 2005-101.
Acceptance of an award certifies that the firm will comply with FAR 52.222-50, Combating
Trafficking in Persons, by notifying all employees and subcontractors at all levels.
Any resultant awards will be subject to the Service Contract Act. Wage Determination 1998-
0294, Revision 37, dated 7/3/18 has been attached for your reference. Employees must be paid the rate listed on the attached Wage Determination when performing work under any resultant award. This applies only to the time the employee spends performing work under any resultant award. These rates must be incorporated into the nightly rate quoted. For questions on how to determine what an employee is to be paid, please contact Department of Labor.
https://www.sam.gov/ mailto:Sheila.Henley@fletc.dhs.gov
Requirements and Dates
The Government has a requirement for needing an estimated 4,301 rooms during the months of
July 1, 2019 to September 30, 2019 for lodging students. This number is subject to change based on class changes and cancellations. The number of rooms will be broken down by class. The classes range from 24 students to 48 students; however, may be smaller or larger than 24 or 48.
The classes will be arriving and departing at different times. For example, there may be two (2) classes of 24 students arriving on 1/7/18 and departing on 1/12/18; four classes of 24 to 48 students arriving on 1/7/18 and departing on 1/13/18; and then six classes of 24 to 48 students arriving on 1/14/18 and departing on 1/27/18. The Government understands that availability will change due to changes and public use. Due to this, the Government will check with the quoter to see if the number of rooms quoted for a certain time period are still available before any resultant award(s). Hotels/motels will have 24 hours to respond to this email request for availability.
Please submit a completed form ATTACHMENT 1 – HOTEL SERVICES AND PRICES to
Sheila.Henley@fletc.dhs.gov with a cc to Erin.Wofford@fletc.dhs.gov no later than 2:00 pm, ET, June 10, 2019. A separate Attachment 1 can be submitted for each month. If a different format is used to provide a quote the information on Attachment 1 must be include in the form.
Note: If you are quoting for a hotel that requires a toll to get to (i.e. Jekyll Island); then the hotel is responsible for reimbursing the students on the day of arrival and then supplying passes that will cover the reminding dates of the students stay. This fee should be included in your per night rate.
Note: If you are quoting for a hotel that has additional fees other than hotel room (i.e. parking etc); then this fee must be included in your night rate.
Note: If you are quoting as a third party; then provide a written statement from the Owner or
General Manager of the hotel that gives you permission to quote for their hotel. This written statement must also include a point of contact (POC) at the hotel that is authorized to make changes in the event of emergencies and the third party cannot be reached; along with a statement that the POC is aware and knowledgeable of the terms and conditions of this RFQ; and the POC understands that only a Contracting Officer can make changes to any order. If a site visit is required the third party and the POC will be notified beforehand.
1. REQUIREMENTS
1.1 Scope of Work:
a. The contractor shall furnish facilities, supervision, and labor to provide commercial lodging accommodations for students and Government employees that are training at the
FLETC.
b. The lodging establishment shall be located within 78 miles from the FLETC, Glynco, GA. front gate.
mailto:Erin.Wofford@fletc.dhs.gov
c. Rooms at a minimum shall include:
1. Lodging accommodations shall be in compliance with all Federal, state, and local regulations.
2. Bed(s) with linens
A. One (1) King, One (1) Queen or two (2) full double bed(s) to include mattress(es), box spring(s), mattress covers, bedspreads, sheets and pillow cases that are free of dirt, stains, holes, odors, and bedbugs prior to student check-in.
B. All linens with the exception of bedspreads shall be changed at a minimum of once per week.
3. Bathroom
A. Shall contain a working toilet, shower, and tub.
B. Shower curtain or door.
C. Linens for at least a one (1) night stay (i.e. bath towels, washcloths, and hand towels).
D. Contractor shall ensure clean bathroom linens are in the room at student check-in.
E. Paper supplies for at least a one (1) night stay (i.e. toilet paper).
F. Complimentary items for at least a one (1) night stay. Items are to include but are not limited to soap and shampoo.
G. All areas shall be free of mold, mildew, dirt, stains, and odor.
4. Working sink and a mirror. Sink is to be free of mold, mildew, dirt, stains, and odor. Mirror is to be free of mold, mildew, dirt, stains, and streaks.
5. Working hair dryer.
6. Working iron and ironing board.
7. All windows are to have window dressings (blinds/curtains) that are free of all dirt, dust, mold, mildew, holes, stains, and odor.
8. All walls and flooring are to be free of dirt, dust, mold, mildew, holes, stains, odor, and foreign debris.
9. Rooms cannot be in any phase of remodeling.
10. Bedside table with lamp.
11. Working color TV with remote control and basic cable/satellite package.
12. Working alarm clock with battery back-up.
13. Closet or cubical space for hanging clothes.
14. Individual climate control in each room for air conditioning and heating to be working and free of dust and mold. The air conditioning unit shall be activated prior to student check-in to ensure air circulation.
15. Working micro fridge or refrigerator to be clean and free of mildew and mold.
16. Table or a desk, as well as a lamp and a chair. Table/desk shall have sufficient space to hold a laptop and shall be suitable for studying purposes.
17. Housekeeping services shall be provided on a daily basis, Monday through
Friday, excluding Holidays to maintain overall room cleanliness; flat surfaces to be free of dust, replace soiled linens, towels, and wash cloths, floors to be vacuumed and free of foreign objects, dirt, dust and odors.
18. Rooms are to be free of pest such as cockroaches, spiders, ants, bed bugs, etc.
d. Pet fees are the responsibility of the guest rather than the Government.
e. Common areas (lobby, hallways, stairs, and elevators) are to be free of dirt, dust, odors, foreign objects, mold, and mildew.
1.2 Other Requirements:
a. Advertisement/Signage: The Contractor shall not place any signage in public view referencing in any way the Federal Law Enforcement Training Center (FLETC) or the
FLETC Students who are lodged on the premises. Any signage for information purposes of the
FLETC guests shall be placed in specific rooms being utilized by FLETC guests. The anonymity of FLETC guests shall be maintained at all times. Contractors who knowingly display signage or share information with individuals who do not have a need to know may incur penalties in the form of Contract Discrepancy Reports (CDR’s) and then risk the termination of their contract.
Area hotels/motels shall not make reference to the FLETC or its students in any form of advertising (i.e., print media, internet, television, radio, etc.).
b. Security: Contractor shall:
Ensure at all times the personal security, as well as safety of the FLETC students.
Periodic checks will be done by the Contracting Officer’s Representative (COR) on security and safety. The COR for this order is Angel “Tony” Melendez. His email address is angel.melendez@fletc.dhs.gov.
c. Purchase Orders may be modified/ordered by the CO only. Modifications to
Purchase Orders will be issued on a Standard Form 30. Purchase Orders may be modified/ordered orally by the CO in emergency circumstances. Oral Modifications will be confirmed by issuance of a written modification on a SF 30. The CO reserves the right to decrease the number of FLETC guests within the check-in period of the services provided without incurring any penalty or cost for the decrease in the number of rooms indicated on the delivery order.
d. The Government reserves the right to make changes 24 hours in advance without incurring any penalty or cost for CANCELLATION OR RELOCATION of a class of FLETC’s
On-Center Lodging (Dorms or Lease Dorms). If cancellations or relocations are made due to non-conformance with contract requirements, no notice shall be required and the Contracting
Officer will not be liable for additional cost. If the Government cancels after the 24 hour notification window; then the contract may invoice for one (1) night for the amount of rooms ordered.
e. FLETC students shall be allowed early/late check-in and check-out without incurring any penalty or additional cost to the Government.
f. The Contractor is required to verify the occupant(s) FLETC identification badge for class name and number upon check-in. The Contractor shall not make copies of the student badges or any other ID (driver’s licenses, etc.). However, the Contractor is allowed to make copies of the “Check-in Information” sheet. If the Contractor allows the occupant to check in without verification of the class name and number and the occupant is unauthorized, the FLETC will not be responsible for the reimbursement of the cost of the hotel/motel/apartment services.
g. The day after check-in no later than 9:30 am, the Contractor shall submit to the
COR, and CO via email the name(s) of any occupant(s) who has/have checked into the hotel/motel. This information is to be captured on the summary sheet that will be attached to all orders. The contractor shall continue to provide updates to the guest’s check-in and out throughout the scheduled time of the class’s arrival and departure, as well as all room assignment changes, etc. The information provided shall include a confirmation of the number of rooms actually being occupied by FLETC guests.
h. The Contractor shall notify the COR within one (1) hour when a FLETC occupant departs early. If a room is discovered empty by housekeeping or other hotel staff, the hotel/motel is obligated to check with the COR to determine if check-out is required. The hotel/motel will submit an email to indicate early check-out of guests. Exceptions will be if the
COR has previously notified the Contractor of the early departure date.
i. The Government will only pay for the actual nights that occupants were in residence at the hotel/motel. The only exception is when there is a “no show.” Hotels may invoice for “no shows” for one night. “No shows” must be annotated on the summary sheet.
Accurate summary sheets signed by the individual occupant(s) at check-in and check-out shall be attached to all invoices. Summary sheets will be compared to the invoice and used to validate each invoice.
j. The COR and/or CO will let the Hotels/Motels know when “No Shows” rooms can be released. NOTE: The Government will not be able to authorize room release in the summary sheet is not submitted to the proper person(s) in the time specified in paragraph g above. The Government is not responsible for paying an extra night for “No Shows” if the contractor fails to be in compliance with the requirement of paragraph g above.
k. The Government shall not be liable for damages caused by the persons occupying the rooms covered under this contract, or any other expense incurred by these persons other than those prescribed in the provisions of this contract. The Contractor shall be responsible for notifying the COR if damages occur and are found prior to checkout. The Contractor is responsible for obtaining payment from each individual for incidentals such as long distance phone calls, room service, laundry services, damages, any unauthorized guests, etc.
l. The Government will not be responsible for the cost of any extra-nights lodging incurred by the occupants arriving earlier than the contracted arrival day or departing later than the contracted departure date unless notified and approved by the CO in advance. The
Government will not be responsible for additional occupancy charges or fees incurred by the occupant or guests or family of the occupants.
m. Hotels that require a tolls to get to (i.e. Jekyll Island); then the hotel is responsible for reimbursing the students on the day of arrival and then supplying passes that will cover the reminding dates of the students stay.
NOTE: The COR for this acquisition is Angel (Tony) Melendez.
1.3 Pest Control
a. The Contractor shall provide pest control services for all rooms occupied by Government guests at least once per month and/or when requested by the Government during the duration of the guest’s stay. Notification shall be provided to occupant(s) prior to monthly spraying, and/or after Government request(s) for special spraying has been accomplished.
Contractor shall provide a copy of the Pest Control Record to the CO and/or COR upon request.
b. All pest control companies and their employees shall be licensed and certified in accordance with the “Georgia Structural Pest Control Act,” Chapter 620-3.
The Contractor shall use only those pesticides that comply with the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C.135 et seq.) as amended by the Federal
Environmental Pesticide Control Act of 1972, Public Law 92-526 (86 Stat. 973).
52.212-1 Instructions to Offerors - Commercial Items. (OCT 2018)
Addendum to 52.212-1:
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition are 721110, $32.5 million.
(b) Submission of Offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on form ATTACHMENT 1 – HOTEL SERVICES AND PRICES.
If using an alternative form than Attachment 1, the offeror’s proposal shall include contractor’s name, contractor’s address, DUN#, point of contact (POC), POC phone number, hotel rates, numbers of rooms, dates of available, and reps and certs or the statements as indicated in 52.212-3. Offeror Representations and Certifications –
Commercial Items. Offerors are cautioned that any noncompliance with the terms and conditions of the RFQ may cause their proposal to be determined unacceptable.
Offerors shall submit an electronic copy of its proposals via email to
Sheila.Henley@fletc.dhs.gov with a cc to Erin.Wofford@fletc.dhs.gov, no later than June 10, 2019, 2:00 P.M. (ET). All submissions shall include solicitation number mailto:Erin.Wofford@fletc.dhs.gov
70LGLY19QGLB00054, in the subject line of the e-mail. Mail offers can be sent to the following address: Federal Law Enforcement Training Center; Attn: Sheila Henley, PRO, Bldg.
93; 1131 Chapel Crossing Road; Glynco, GA 31524. NOTE: If you plan to have your offer delivered note that FLETC is a secure facility. You will have to fill out a request before you can receive access. This takes several days to complete. Allow for proper time and contact Sheila
Henley for the forms that have to be filled out.
52.212-2 Evaluation-Commercial Items (OCT 2014) - The provision at 52.212-2 Evaluation-
Commercial Items applies to this acquisition. All offers will be evaluated on equivalency of specification, location, availability, and price in that order. Location – hotels closer to the
FLETC will be evaluated first. A site visit may be required to ensure hotel meets the minimum requirements of this RFQ before being considered for any resultant award(s).
52.212-3. Offeror Representations and Certifications – Commercial Items (October 2018) -
All offerors are to include a complete copy of the provisions at 52.212-3 Offeror Representations and Certifications – Commercial Items unless this information is listed in your SAM registration.
Then a written statement that this information is listed in SAM will be acceptable.
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):
www.acquisition.gov/far
(End of clause)
52.212-4 Contract Terms and Conditions - Commercial Items. (OCT 2018)
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011)
52.225-14 Inconsistency between English Version and Translation of Contract. (FEB 2000)
52.232-8 Discounts for Prompt Payment. (FEB 2002)
52.233-1 Disputes. (MAY 2014)
52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)
52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)
3052.205-70 Advertisements, Publicizing Awards, and Releases. (SEP 2012)
3052.242-72 Contracting officer's technical representative. (DEC 2003)
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive
Orders - Commercial Items. (OCT 2018)
(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 items:
(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 and
Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov
2015)
(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws
108-77, 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 items:
[Contracting Officer check as appropriate.]
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (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) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract
Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-
117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery
Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C.
6101 note).
___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility
Matters (Oct 2018) (41 U.S.C. 2313).
___ (10) [Reserved]
___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011)
(15 U.S.C. 657a).
___ (ii) Alternate I (Nov 2011) of 52.219-3.
___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small
Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (ii) Alternate I (Jan 2011) of 52.219-4.
___ (13) [Reserved]
___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.
644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.
637(d)(2) and (3)).
___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Nov 2016) of 52.219-9.
___ (v) Alternate IV (Aug 2018) of 52.219-9.
___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-
Aside (Nov 2011) (15 U.S.C. 657f).
___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15
U.S.C. 632(a)(2)).
___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically
Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C.
637(m)).
___ (24) 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
(Dec 2015) (15 U.S.C. 637(m)).
_X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan
2018) (E.O. 13126).
_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X__ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
___ (ii) Alternate I (Feb 1999) of 52.222-26.
_X__ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
___ (ii) Alternate I (July 2014) of 52.222-35.
_X__ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29
U.S.C. 793).
___ (ii) Alternate I (July 2014) of 52.222-36.
___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations
Act (Dec 2010) (E.O. 13496).
_X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).
___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (35) (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.)
___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (Jun 2016) (E.O.13693).
___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration
Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
___ (38) (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.
___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014)
(E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
_X__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42
U.S.C. 8259b).
___ (41) (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.
___ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while
Driving (Aug 2011) (E.O. 13513).
___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).
___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
___ (ii) Alternate I (Jan 2017) of 52.224-3.
_X__ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May
2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 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 (May 2014) of 52.225-3.
___ (iii) Alternate II (May 2014) of 52.225-3.
___ (iv) Alternate III (May 2014) of 52.225-3.
___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C.
3301 note).
_X__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the
Department of the Treasury).
___ (50) 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. 2302 Note).
___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42
U.S.C. 5150).
___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area
(Nov 2007) (42 U.S.C. 5150).
___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)
(41 U.S.C. 4505), 10 U.S.C. 2307(f)).
___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.
4505, 10 U.S.C. 2307(f)).
_X__ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award
Management (Oct 2018) (31 U.S.C. 3332).
___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for
Award Management (Jul 2013) (31 U.S.C. 3332).
___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.
637(d)(12)).
___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels
(Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
___ (iii) Alternate II (Feb 2006) 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 items:
[Contracting Officer check as appropriate.]
___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)
_X__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter
67.).
___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29
U.S.C. 206 and 41 U.S.C. chapter 67).
___ (4) 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).
___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards --
Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (6) 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).
___ (7) 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).
___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O.
13658).
___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.
13706).
___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May
2014) (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, 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 items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41
U.S.C. 3509).
(ii) 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)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and
Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).
Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29
U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(xi) 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.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter
67).
(xiii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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 E.O.
13627).
(xiv) 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.)
(xv) 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)
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017)
(E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 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. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.
(May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph
(e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels
(Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
3052.209-70 Prohibition on contracts with corporate expatriates. (JUN 2006)
)a) Prohibitions.
Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of
Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.
(b) Definitions. As used in this clause:
Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the
Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting 'more than 50 percent' for
'at least 80 percent' each place it appears.
Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.
Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)-
(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;
(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held-
(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or
(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and
(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.
Person, domestic, and foreign have the meanings given such terms by paragraphs
(1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.
(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.
(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:
(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or
(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6
U.S.C. 395(b)(1).
(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.
(3) Certain transfers disregarded. The transfer of properties or liabilities
(including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.
(d) Special rule for related partnerships. For purposes of applying section 835(b) of the
Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.
(e) Treatment of Certain Rights.
(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:
(i) warrants;
(ii) options;
(iii) contracts to acquire stock;
(iv) convertible debt instruments; and
(v) others similar interests.
(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.
(f) Disclosure. The offeror under this solicitation represents that (Check one):
[__] it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108-
7003;
[__] it is a foreign incorporated entity that should be treated as an inverted domestic
7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or
[__] it is a foreign incorporated entity that should be treated as an inverted domestic
7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.
(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.
(End of Clause)
3052.204-71 Contractor employee access. (SEP 2012)
(a) "Sensitive Information", as used in this clause, means any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an
Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:
(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical
Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Pub.
L. 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of
Federal Regulations, part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the
Department of Homeland Security (including the PCII Program Manager or his/her designee);
(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal
Regulations, part 1520, as amended, "Policies and Procedures of Safeguarding and Control of
SSI," as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the
Transportation Security Administration or his/her designee);
(3) Information designated as "For Official Use Only," which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person's privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and
(4) Any information that is designated "sensitive" or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.
(b) "Information Technology Resources" include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites.
(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer.
Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All Contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.
(d) The Contracting Officer may require the Contractor to prohibit individuals from working on the contract if the Government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.
(e) Work under this contract may involve access to sensitive information. Therefore, the
Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. For those Contractor employees authorized access to sensitive information, the Contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance.
(f) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.
(End of clause)
Contractor Quality Control
In accordance with FAR 52.246-4, Inspection of Services – Fixed Price, the Contractor shall establish and maintain a complete Quality Control Program (QCP) that is acceptable to the
Contracting Officer, to assure the requirements of the contract are provided as specified. This program shall be submitted to the Contracting Officer (CO) ten days after contract award for approval.
GOVERNMENT QUALITY ASSURANCE (QA)
a. In accordance with FAR 52.246-4 “INSPECTION OF SERVICES-FIXED-
PRICE,” each phase of the services rendered under this contract is subject to Government inspection during the Contractor’s operations and after completion of the tasks. After each inspection, the Contractor will be advised of any unsatisfactory condition(s) for which he/she is responsible. The Contractor shall correct such deficiencies within 24 hours after notification and, by written report to the Contracting Officer, shall address corrective/preventative actions taken.
The Contractor shall provide in writing a plan to the Contracting Officer outlining the steps and estimated time of completion for any unsatisfactory conditions that cannot be resolved within the
24 hours after notification. The Government’s Quality Assurance Surveillance Program is not a substitute for Quality Control by the Contractor.
b. The Contracting Officer’s Representative (COR) may check the Contractor’s performance and document any noncompliance, but only the Contracting Office may take formal action against the Contractor for unsatisfactory performance. The COR will be designated at contract award. A resume of COR duties and authority will be furnished to the Contractor at time of award. The Contractor shall sign an acknowledgement of the COR appointment letter.
c. The COR will investigate and validate all customer complaints. All complaints will be provided to the hotel/motel point of contact. Only complaints that are not in compliance with this contract will count as defects. If the compliant is serious enough to pose a threat to human safety (physical and health); then the person shall be moved to another room without cost to the Government. If the issue cannot be satisfied by moving the person to another room in the hotel/motel, the Government may move the person to another hotel/motel without any cost occurred to the Government. The hotel/motel responsible for the violation maybe responsible for cost incurred if an individual has to be moved to another hotel/motel. If more than two (2) complaints are validated that are not in compliance with this contract, the hotel/motel’s invoice will be deducted by five percent (5%).
ATTACHMENT 1 - HOTEL SERVICES AND PRICES
CONTRACTOR BUSINESS NAME:
CONTRACTOR DOING BUSINESS AS (OR FOR)
COMPLETE ADDRESS:
DUN#
POINT OF CONTACT:
TELEPHONE:
Representation and Certifications are registered in SAM: (Yes/No)
ITEM DESCRIPTION
HOTEL
RATE
ROOMS
AVAILABLE
DATES
AVAILABLE
SINGLE
OCCUPANCY
DOUBLE
OCCUPANCY
SIGNATURE, TITLE, DATE
WD 98-0294 (Rev.-37) was first posted on www.wdol.gov on 07/10/2018
FL/HH/MS
REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR
THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION
By direction of the Secretary of Labor | WAGE AND HOUR DIVISION
| WASHINGTON, D.C. 20210
Daniel W. Simms Division of Wage | Wage Determination No: 1998-0294
Director Determinations | Revision No: 37
| Date Of Revision: 07/03/2018
Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Service Contract
Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts
State: Georgia
Area: Georgia Counties of Brantley, Glynn, Pierce
**Fringe Benefits Required Follow the Occupational Listing**
OCCUPATION CODE - TITLE FOOTNOTE RATE
Food & Lodging:
07041 - Cook I 11.33
07042 - Cook II 13.43
07070 - Dishwasher 8.67
07130 - Food Service Worker 9.35
07260 - Waiter/Waitress 8.67
11060 - Elevator Operator 8.67
11210 - Laborer, Grounds Maintenance 9.35
11240 - Maid or Houseman 9.35
99030 - Cashier 9.35
99050 - Desk Clerk (see 1) 9.35
Halfway House & Residential Community Treatment:
01011…
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