B-1 Combined Sysnopsis Solicitation 01 MAY 2021.pdf

UTAH NATIONAL GUARD (UTNG) COMBINED SYNOPSIS/SOLICITATION FOR LODGING

SERVICES BLANKET PURCHASE AGREEMENT

# W911YP-21-R-0010

1.0 Synopsis.

This is a combined synopsis solicitation 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; proposals are being requested and a separate written solicitation will not be issued. This solicitation is issued as a request for proposal (RFP). This acquisition is utilizing NAICS code 721110 Hotels (except Casino Hotels) and Motels with the small business size standard being $35M.

This acquisition currently has no Defense Priorities and Allocations System (DPAS) ratings. This requirement is subject to availability of funding per FAR 52.232-18.

1.1 Eligibility for Award.

Offerors must have a current registration in the System for Award Management (SAM) at https://www.sam.gov as of the date of award determination to be eligible for award. Offeror must maintain a current registration in SAM for the entire duration of the BPA in order to eligible for BPA calls and to facilitate disbursement of payments. Offeror shall ensure all representations and certifications are current in SAM as a condition of award.

1.2 Set Aside.

Any awards resulting from this solicitation will be made using a cascading set-aside order of precedence as follows:

In accordance with FAR Subpart 19.502-2 Total Small Business Set-Aside Procedures, any awards under this solicitation will be made on a competitive basis first to small business concerns in accordance with

FAR 19.502-2.

If there are no acceptable offers from small business concerns for a specific locality, the set-aside shall be withdrawn and the requirement, if still valid, will be made on the basis of full and open competition considering all offers submitted by responsible business concerns.

1.3 Evaluation.

Award of a BPA shall be made on the basis of Lowest Price Technically Acceptable (LPTA) evaluation criteria considering the base period. An award of BPA will be made to the contractor(s) who offer the lowest rate pricing that does not exceed the maximum allowable GSA locality rates for lodging. The Contractor’s offer shall demonstrate through their offer that they will meet or exceed the technical requirements stated within the Performance Work Statement. Issuance of BPA calls shall be made on the basis of established rates from a contractor that is most advantageous to the Government, can service the location of the requirement, and whom has the capability to fulfill the requirement within the time period necessary.

1.4 Orders.

Upon issuance of a Blanket Purchase Agreement, the Contractor may process orders under this BPA through the issuance of a BPA call or may process orders utilizing a Government Purchase Card (GPC) when authorized.

The BPA call may include a Delivery Schedule which will break out the units serviced by a particular call, points of contact for the requirement, location of requirement, projected dates of services and projected numbers of rooms authorized by the call. A BPA call may be issued to support the organizational requirements over a multiple month period of performance.

1.5 Payment by Government Purchase Card (GPC).

Purchases under this Blanket Purchase Agreement may be made by Government Purchase Card (GPC) as an alternate form of payment when authorized. Terms established by Contractor’s Blanket Purchase Agreement shall be the same. Advancement of charges is not authorized. Contractor shall not charge the Government prior to delivery of goods or rendering services. Charges shall be made on or after the day of delivery and consolidated into one charge for the total amount.

1.6 Invoices.

An itemized invoice shall be submitted electronically through Wide Area Workflow (WAWF) located at https://piee.eb.mil/piee-landing/ for each BPA call received when services are performed. If the BPA call covers multiple units and/or multiple months of performance; The Contractor is authorized to submit multiple invoices against the BPA call by Contract Line Item Number (CLIN). When the Contractor is submitting an invoice in WAWF, it is critical that the Contractor does not check final invoice against a Contract Line Item Number or the BPA call unless it is the final invoice they will submit against that particular BPA call. Failure to do this may result in delay of payment. In addition, draft paper invoices will be emailed to the “Authorized Caller” and Contracting Officer Representative (COR) that initiates the services with the Contractor. This is to clear up any discrepancies prior to the invoice being entered into WAWF and to help facilitate receipt of services by the Government. Paper Invoices shall contain the following minimum information:

1) Contractor Name, address, and phone number.

2) BPA Call number (if applicable).

3) Date(s) of delivery.

4) Purchase Request reference number (if applicable)

5) Quantities delivered, unit cost, and total cost.

6) Invoice total amount due.

7) The Utah National Guard is a federal government entity, and as such is exempt from all local, state, and federal taxes, including but not limited to sales taxes. Any charges or invoicing that includes taxes shall be disputed/declined by Government, if charged or invoiced by Contractor.

1.7 Electronic Invoicing through Wide Area Workflow (WAWF).

To meet compliance with DFARS 252.232-7003, Electronic Submission of Payment Requests, all Contractors must submit requests for payment (invoices) through WAWF. Additional information and registration for WAWF can be completed online at https://piee.eb.mil/piee-landing/. Payment will be made by DFAS office designated in the BPA. All payments will be made by electronic transfer of funds (EFT). The Government will make payment through WAWF upon satisfactory completion of work and proper invoice that permits certification for payment.

1.8 Payment.

Upon verification of invoices / charges submitted through WAWF by authorized UTNG personnel, the invoice will be paid by Electronic Funds Transfer (EFT) IAW the Prompt Payment Act as the primary form of payment, but may be made by GPC when authorized.

1.9. Submission of Proposals

1.9.1. The Government anticipates making award without discussions. Therefore, Offeror should submit their best and final offer to include any alternate proposals. The Contractor must ensure that all components of their pricing and technical proposal are included in their submission. The Government reserves the right to make an award of BPA(s) solely on initial proposals received. Offerors bear the burden of ensuring that proposals (and any authorized amendments and samples) reach the designated office on time and should allow a reasonable time for e-mail transmissions to be completed. All pages of the proposal must reach the office before the deadline specified in this solicitation. The Contractor bears the risk of non-receipt of mailed or electronically transmitted proposals and should confirm receipt. Late or incomplete proposals will not be considered.

1.9.2. All questions must be addressed to the Contracting Officer in writing by email. Close of Questions will be on the solicitation will be May 20, 2021 at 3:00 p.m. MST. All proposals are due NLT May 31, 2021 at 3:00 p.m. MST by email or posting on beta.SAM.gov. Questions and proposals can be emailed to John B. Merlette at john.b.merlette.civ@mail.mil. E-mailed proposals must be in adobe acrobat (.pdf) format. Proposals can also be delivered as hard copy, via commercial carrier, postal service, or personal delivery to 12953 S Minuteman Dr. Draper, Utah 84020. Please direct all mailed proposal submissions to John Merlette, Purchasing and Contracting. Please email any tracking numbers for mailed proposals.

Business hours are Monday through Thursday 7:00 a.m. through 5:00 p.m.

PERFORMANCE WORK STATEMENT (PWS)

FOR

Lodging Services

2.0 General:

2.1 Scope: The contractor shall provide all personnel, lodging rooms, and quality control necessary, except as specified in Paragraph 4.0 as Government Furnished, to perform Lodging Services, as defined in this PWS.

2.2 Background: The United States Property and Fiscal Office (USPFO) for Utah intends to establish multiple Blanket Purchase Agreements (BPA’s) for lodging services to support units throughout the State of Utah for training requirements throughout the year. The Government’s intent is to establish BPA’s to facilitate UTNG units training cycle throughout the State of Utah for a base period of five (5) years. The Government is obligated only to the extent of authorized purchases actually made under this BPA. The master BPA will not obligate any funds. Funds will be obligated by the individual BPA calls or GPC purchases (when authorized) made against this master BPA. There will be no minimum purchase required under this BPA.

2.3 Period of Performance (PoP): The Period of Performance shall be a five (5) year base with an option to extend services for up to 6 months.

2.4 General Information:

2.4.1 Place and Performance of Services: Place and Period of Performance shall be contained in each BPA call or coordinated with the Contractor prior to performance when using the GPC. The contractor shall provide services as specified in each order.

2.4.1.1 Reserved

2.4.1.2 Reserved

2.4.1.3 Reserved

2.4.2 Recognized Holidays: The following are recognized United States (US) holidays. The contractor will typically not perform services on these days unless a unit’s mission requires performance:

2.4.2.1 New Year’s Day: January 1st

2.4.2.2 Martin Luther King, Jr.’s Birthday

2.4.2.3 President’s Day

2.4.2.4 Memorial Day

2.4.2.5 Independence Day: July 4th

2.4.2.6 Labor Day

2.4.2.7 Columbus Day

2.4.2.8 Veteran’s Day: November 11th

2.4.2.9 Thanksgiving Day

2.4.2.10 Christmas Day: December 25th

2.4.3 Reserved

2.4.4 Quality Assurance (QA): The Government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government will do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality level(s) or defect rate(s). If minimum standards are not being met by the contractor, the Contracting Officer will discuss the non-conforming supplies or services with the contractor and attempt to remedy the situation. If non- conforming supplies or services continue and remedies fail to bring the contractor into conformance with the minimum standards stated within the QASP and terms and conditions of the BPA, the UTNG may at its option terminate the BPA with the contractor.

2.4.5 Reserved

2.4.6 Activity Authorized to Issue BPA Calls: All calls placed against this contract vehicle will be authorized and approved through the G4 Office.

2.4.7 Reserved

2.4.8 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the KO in accordance with FAR Subpart 42.5. The KO, COR and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the KO will apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced. The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

2.4.9 Contract Manager (CM): The contactor shall designate a CM who shall ensure performance under this agreement. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO. The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this BPA. The CM shall work through the COR, to resolve issues, receive technical instructions, and ensure adequate performance of services.

The CM shall ensure that contractor employees do not perform any services outside the scope of the agreement without an official modification issued by the KO. The CM shall ensure contractor employees understand that services performed outside the scope of the agreement are performed wholly at the expense of the contractor.

2.4.10 Reserved

2.4.11. Combating Trafficking in Persons: The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the BPA; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the BPA. The Contractor shall notify its employees of the United States Government’s zero tolerance policy, the actions that will be taken against employees for violations of this policy. The contractor shall take appropriate action, up to and including termination, against employees or subcontractors that violate the US Government policy as described at FAR 22.17.

2.4.12 Reserved

2.4.13 Reserved

2.4.14 Organizational Conflicts of Interest (OCI): The contractor and subcontractor personnel performing services under this BPA may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCIs, as defined in FAR Subpart 9.5. The contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO. In the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may impose other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.

2.4.15 Reserved

3.0 Definitions and Acronyms:

3.1 Definitions:

3.1.1 Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this agreement refers to the prime.

3.1.2 Contracting Officer (KO): A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

3.1.3 Contracting Officer Representative (COR): An employee of the U.S. Government designated by the KO to monitor contractor performance. Such appointment will be in writing and will state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

3.1.4 Defective Service: A service output that does not meet the standard of performance associated with the PWS.

3.1.5 Deliverable: Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

3.1.6 Quality Assurance: The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

3.1.7 Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

3.1.8 Quality Control: All necessary measures taken by the Contractor to ensure that the quality of an end product or service shall meet contract requirements.

3.1.9 Subcontractor: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

3.2 Acronyms:

AEI Army Enterprise Infostructure AR Army Regulation AT/OPSEC Antiterrorism/Operational Security BI Background Investigation BPA Blanket Purchase Agreement CM Contract Manager CMRA Contractor Manpower Reporting Application COR Contracting Officer Representative DA Department of the Army DD254 Department of Defense Contract Security Classification Specification DFARS Defense Federal Acquisition Regulation Supplement DoD Department of Defense FAR Federal Acquisition Regulation GFP/M/E/S Government Furnished Property/Material/Equipment/Services GPC Government Purchase Card HQDA Headquarters, Department of the Army HSPD Homeland Security Presidential Directive IA Information Assurance IS Information System(s) KO Contracting Officer LIK Lodging In Kind NGB National Guard Bureau OCI Organizational Conflict of Interest PII Personally Identifiable Information PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program SSN Social Security Number TE Technical Exhibit USD(I) Under Secretary of Defense for Intelligence

4.0 Reserved

5.0 Contractor Furnished Property, Materials, and Equipment (CFP/M/E):

5.1 General: The contractor shall furnish everything required to perform these services as indicated in Paragraph 2.1.

6.0 Requirements:

6.1 Standards.

6.1.1. All work under this contract shall conform to applicable Industry standards, State and Federal Health Regulations, Environmental Regulations as well as military regulations and bulletins. Work not meeting these standards shall be corrected by the Contractor at no additional cost to the Government.

6.2 Terms of BPA.

6.2.1. The contractor shall provide lodging accommodations to the Utah National Guard (UTNG) on an as needed basis. The performance standard and requirements for these services include the following responsibilities:

6.2.1.1. Contractor will provide single and double occupancy hotel or motel room accommodations upon issuance of a BPA call or use of a Government Purchase Card (GPC) when authorized on an as needed basis.

6.2.1.2. Single occupancy non-smoking rooms shall be provided to UTNG personnel as specified by the authorized caller. Single occupancy smoking allowable rooms are permissible when requested.

6.2.1.3. Double occupancy non-smoking rooms shall be provided to UTNG personnel as specified by the authorized caller. Double occupancy smoking allowable rooms are permissible when requested.

6.2.1.4. BPA Calls. Lodging BPA calls may be initiated orally or by informal correspondence. Only a KO, COR, authorized caller(s) designated in this BPA or GPC cardholder are authorized to direct UTNG personnel to occupy the Contractor’s facility. The KO, COR, authorized caller, GPC cardholder or designated UTNG unit representative shall provide the contractor with a listing of all personnel authorized to utilize lodging at the Governments expense (rooming list).

Authorized Callers will be revised as necessary by the KO.

A sign-in roster will be provided to the hotel for UTNG personnel to sign in and will be used to verify charges shown on the invoice.

6.2.1.5. Individuals are not authorized lodging under this BPA until such authorization is presented to the Contractor. Rooms will be provided to only those individuals that appear on the rooming list provided by the KO, COR, authorized caller or a designated unit representative.

6.2.1.6 ASSIGNMENT OF QUARTERS/ROOMS: UTNG personnel should not be billeted under this agreement without presenting proper identification to the Contractor. The Contractor must be adequately manned to provide a 24-hour check in and checkout service, 7 days a week. Individuals of the same sex, designated for double room occupancy, shall be billeted in rooms with at least two beds. If these rooms are not available, single rooms shall be utilized

6.3. Coordination of Services:

6.3.1. Reservation of rooms to include dates of service, quantities ordered, check-in/checkout times, complimentary breakfast times (if available), etc shall be coordinated between the Contractor and the ordering unit POC, which may be the Contracting Officer’s Representative (COR), unit supply personnel, or other designated Government employee. At no time shall the Contractor accept any changes that will exceed the authorized lodging rates or the terms and conditions in the BPA unless authorized by the Contracting Officer.

6.3.2 Quantities of lodging rooms reserved are generally based on preliminary estimates which are subject to change as the government’s requirement changes or becomes more certain. Projected dates of services to be performed are subject to change during the month. A Twenty-Four (24) hour notice is the default minimum time frame to adjust accommodations with the Contractor from ordering points of contact, to include cancellation, and decreases or increases to rooms required. The Contractor may propose a different notice requirement for ordering, changes or cancellation.

Minimum notice to reserve room accommodations is days/hours:________

Minimum notice of to cancel rooms is days/hours with no charge to the Government:________

Minimum required notice period for increases to numbers of rooms is days/hours:________ ___

Minimum required notice period for decreases to numbers of rooms is days/hours:________

6.3.3 Contractor reserves the right to charge the following amount for rooms cancelled with inadequate notice or no show reservations for the first night only on multiple day reservations only if the contractor is at maximum capacity and unable to resell the room(s): $____ per room with no-shows/late cancellation for first night only. Future night reservations for no-shows will automatically be cancelled. ___

6.3.4 Service Locations: The Contractor must be able to service a minimum of one location/locality. If the Contractor has multiple hotels/motels either through a chain/partnership or subcontracting relationship and is able to service multiple locations please notate those below.

Yes/No Service Location Minimum Maximum Logan

Brigham City

Ogden

North Salt Lake

West Jordan

Draper HQ

Tooele

Wendover

Dugway

Lehi

American Fork

Orem

Springville

Spanish Fork

Nephi

Camp Williams

Price

Vernal

Manti

Mt. Pleasant

Richfield

Beaver

Cedar City

Saint George

Blanding

Other locations as identified

6.4. Room Availability

Please list the number of rooms your establishment has available by location:

_____________ Non Smoking Double Occupancy (Min Two Doubles)

_____________ Non Smoking Single Occupancy (One Double/Queen/King)

_____________ Smoking Double Occupancy (Min Two Doubles)

_____________ Smoking Single Occupancy (One Double/Queen/King)

6.5. Room Amenities

The contractor shall furnish the following:

6.5.1 Living Space: Single and double occupancy room will contain adequate net living and sleeping areas. The contractor shall not assign more than one person per bed unless specifically authorized.

6.5.2 Rooms will accommodate an environment of good light and sound attenuation.

6.5.3 Windows will be provided with blackout lining, shades, or blinds. If drapes are provided, they must screen out the light.

6.5.4 Sufficient electrical outlets shall be available and in good working condition.

6.5.5 Entrance doors to rooms shall have interior security locks, either deadbolt or double locking mechanisms. Each room occupant will be provided with a room key.

6.5.6 Bathrooms will contain a shower and/or tub combination with a washbasin, a properly functioning toilet, and a mirror. Additionally, bathrooms shall have adequate lighting and grounded electrical outlets for use of electrical razors, hair dryers etc. The shower or shower/tub combination will have shower doors or curtains.

6.5.7 The contractor shall provide have telecommunication devices if not in the room than in the immediate area.

6.5.8 A television in the room is desirable; if not available due to location, have information as to where television is available to patrons.

6.5.9 Rooms shall have adequate heating and cooling capabilities for comfortable climate control during all seasons.

6.5.10 Double occupancy rooms shall have a minimum of two double sized beds unless specified otherwise. Single occupancy rooms shall have a minimum of one double sized bed unless specified otherwise. All bedding must be clean and in good condition and free from damage or conditions rendering it unusable.

6.5.11 Furnishing and Equipment: The contractor’s rooms shall be clean and in good repair. The following minimum furnishings are required:

a. Lamp --1 per desk or writing table

b. Adequate clothes storage drawers and closet space

c. Desk or writing table with chair

d. Trash container

e. Bed(s) and clean bedding materials

6.5.12 Additional desirable amenities:

a. Radio

b. Working tables and chairs

c. Restaurant within the facility

d. Refrigerators or ice machines

e. Chair, occasional

f. Alarm clock

g. Iron/Ironing Board

h. 24-hour wake up service

i. Messaging Service

6.5.13 CUSTODIAL/SANITATION SERVICES: Daily custodial services shall include, but is not limited to, room cleaning, bed making, linen change (as required), adequate quantities of soap, adequate quantities of clean bath towels and clean hand towels, sanitized drinking glasses, facial tissues, and a cloth bath mat.

6.5.14 LINEN SERVICE: Linen service shall be provided a minimum of once a week or when occupancy changes, whichever occurs first. Additional blankets shall be made available if requested by occupant. All linen, blankets, and towels shall be clean and freshly laundered without any objectionable odors, and be in good repair, free from tears, rips, holes, stains, and extensive wear.

6.5.15 COMMON USE AREAS: The contractor shall keep all hallways, corridors, grounds, and other adjacent areas under the contractor's control in a clean, neat, and safe condition.

6.5.16 "DO NOT DISTURB" SIGNS: All rooms shall have such signs available. Contractor's employees shall respect them when displayed.

6.5.17 FIRE NOTIFICATION: The contractor shall ensure proper fire notification and evacuation plans are in place and evacuation procedures are accessible in rooms or common areas.

6.5.18 INFORMATION SERVICES: Customer service representatives or written information shall be available to explain to occupant’s miscellaneous charges not covered by this Performance Work Statement, i.e., telephone charges or cable charges.

6.5.19 Charges for incidental products or services, including but not limited to telephone calls, internet service, movie rentals, food, drinks, room service, pet charges, laundry or dry cleaning are not authorized to be charged to the Government. It is the responsibility of the Contractor to secure payment of incidental or other charges at the time of check-in by a cash or credit card deposit of one or more of each room’s occupants. Absence security for incidental services by the room occupant, Contractor is authorized and encouraged to “lock out” services that may generate extra charges.

6.6. Authorized Changes.

6.6.1. Changes to the BPA must be made through the Utah National Guard Purchasing and Contracting Office. Contact Information for the Contracting Officer is: USPFO for Utah, Attn: John Merlette, 12953 S Minuteman Dr. Draper, Utah 84020. Phone 801-432-4145, Email:john.b.merlette.civ@mail.mil.

7.0. Pricing of BPA

7.1. Rates may not exceed the maximum allowable GSA locality rates for lodging. Economic price adjustments may be requested if GSA locality rates adjust higher. A Contractor may propose lower rates during the PoP of the BPA to be more competitive and increase utilization.

Base Period (5 Years)

Item 0001: Non Smoking Double Occupancy (Min Two Doubles) $_______(per room) Item 0002: Non Smoking Single Occupancy (One Double/Queen/King) $________ (per room) Item 0003: Smoking Double Occupancy (Min Two Doubles) $_______(per room) Item 0004: Smoking Single Occupancy (One Double/Queen/King) $________ (per room)

8.0 Applicable Publications: Publications applicable to this PWS are listed below:

Publication (Chapter/Page)

Date of Publication

Mandatory or Advisory

Website

Federal Acquisition Regulation 1/19/2021 Advisory https://www.acquisition.gov/?q=browsefar

Defense Federal Acquisition Regulation Supplement

1/15/2021 Advisory http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index .html

AR 530-1

Operations Security

09/26/2014 Advisory http://armypubs.army.mil/ProductMaps/PubForm/AR.as px

AR 525-13

Antiterrorism

12/09/2019 Advisory http://armypubs.army.mil/ProductMaps/PubForm/AR.as px

DoDI 5400.11

Department of Defense Privacy and Civil Liberties Programs

1/29/2019 Advisory https://www.esd.whs.mil/Directives/issuances/dodi/

DoD 5400.11-R Department of Defense Privacy Program

05/14/2007 Advisory https://www.esd.whs.mil/Directives/issuances/dodm/

DoD 5220.22-M National Industrial Security Program

Operating Manual

02/28/2006 (Change 2:

05/18/2016)

Advisory http://www.dtic.mil/whs/directives/corres/pub1.html

AR 381-12

Threat Awareness and Reporting

Program (TARP) (Section II, ¶ 2-4.b)

06/01/2016 Advisory http://armypubs.army.mil/ProductMaps/PubForm/AR.as px

DoD 5200.2-R, Department of Defense Personnel Security Program

10/29/2020 Mandatory https://www.esd.whs.mil/Portals/54/Documents/DD/issu ances/dodm/520002m.PDF?ver=YMf- 3XVWDdl4IodzbSsLnA%3D%3D

HSPD-12 BI, Homeland Security Presidential Directive

8/27/2004 Mandatory https://www.dhs.gov/homeland-security-presidential-directive-12

Joint Travel Regulation 1/1/2021 Mandatory https://www.defensetravel.dod.mil/Docs/perdiem/JTR.p df

DoD Lodging Adequacy Standards 12/18/2020 Mandatory https://www.defensetravel.dod.mil/Docs/ILP_Lodging_ Standards.pdf

TECHNICAL EXHIBIT 1

Performance Requirements Summary (PRS)

This PRS includes performance objectives the Government will use to determine contractor performance and will compare contractor performance to the Acceptable Quality Level (AQL).

Performance Objective

Performance Standard Acceptable Quality Levels (AQL)

Surveillance Method / By Whom

6.3 Delivery/Availability

The contractor shall ensure rooms are available by required time that has been coordinated between the Contractor and Government.

Meets the standard 95% of the time.

Random monitoring / COR

6.3.2 Quantities The contractor shall ensure

rooms are delivered in agreed upon quantities that comply with the terms and conditions stated in the Master BPA.

Meets the standard 95% of the time.

Random monitoring / COR

6.5.13-6.5.14 Cleanliness

The contractor shall ensure that all that all rooms are clean and serviceable as outlined in the Master BPA

Meets the standard 98% of the time.

Random monitoring / COR

1.5; 1.6 & 1.7 Administrative

The contractor shall ensure that it properly invoices

Meets the standard 98% of the time.

100% Inspection / COR correct quantities and rates for services performed.

2.4.9 & 6.2 Performance

Overall Performance by the Contractor. Contractor resolves any performance issues in an effective and timely manner.

Meets the standard 95% of the time.

Random monitoring / COR

9.0. Provisions and Clauses:

The following Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) provisions and clauses are applicable to this solicitation:

52.203-3 – Gratuities (Apr 1984)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014)

52.203-12 Limitation on Payments To Influence Certain Federal Transactions (Jun 2020)

52.203-13 Contractor Code of Business Ethics and Conduct.

Contractor Code of Business Ethics and Conduct (Jun 2020)

(a) Definitions. As used in this clause—

Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.

Full cooperation-

(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors’ and investigators' request for documents and access to employees with information;

(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require-

(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or

(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and

(3) Does not restrict a Contractor from-

(i) Conducting an internal investigation; or

(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.

United States, means the 50 States, the District of Columbia, and outlying areas.

(b) Code of business ethics and conduct.

(1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall-

(i) Have a written code of business ethics and conduct; and

(ii) Make a copy of the code available to each employee engaged in performance of the contract.

(2) The Contractor shall-

(i) Exercise due diligence to prevent and detect criminal conduct; and

(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.

(3)

(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed-

(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or

(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor’s disclosure as confidential where the information has been marked "confidential" or "proprietary" by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization’s jurisdiction.

(iii) If the violation relates to an order against a Government wide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.

(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:

(1) An ongoing business ethics awareness and compliance program.

(i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor’s standards and procedures and other aspects of the Contractor’s business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual’s respective roles and responsibilities.

(ii) The training conducted under this program shall be provided to the Contractor’s principals and employees, and as appropriate, the Contractor’s agents and subcontractors.

(2) An internal control system.

(i) The Contractor’s internal control system shall—

(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with Government contracts; and

(B) Ensure corrective measures are promptly instituted and carried out.

(ii) At a minimum, the Contractor’s internal control system shall provide for the following:

(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system.

(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor’s code of business ethics and conduct.

(C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor’s code of business ethics and conduct and the special requirements of Government contracting, including-

(1) Monitoring and auditing to detect criminal conduct;

(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal control system, especially if criminal conduct has been detected; and

(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of criminal conduct identified through this process.

(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.

(E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper conduct.

(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of any Government contract performed by the Contractor or a subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation.

(2) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies’ contracting officers.

(3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the contract.

(4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause.

(G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions.

(d) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that exceed the threshold specified in FAR 3.1004(a) on the date of subcontract award and a performance period of more than 120 days.

(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(End of clause)

52.204-2 Security Requirements (Aug 1996)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.204-9 Personal Identity Verification for Contractor Personnel (Jan 2011) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

52.204-24 Representation Regarding Certain Telecommunication and Video Surveillance Services or Equipment (Oct 2020) 52.204-26 Covered Telecommunications Equipment or Services – Representation (Oct 2020) 52.212-1 Instructions to Offerors – Commercial Items (Jun 2020) 52.212-3 Offeror Representations and Certifications – Commercial Items (Jan 2021)

Alternate I (Oct2014).

52.212-4 Contract Terms and Conditions – Commercial Items (Oct 2018) 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders – Commercial Items

As prescribed in 12.301(b)(4), insert the following clause:

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-

COMMERCIAL ITEMS (JAN 2021)

(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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 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 items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), 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 (JUN

2020) (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.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (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).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

_X_ (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 (MAR

2020) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-4.

__ (13) [Reserved]

__ (14) (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.

__ (15) (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_ (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 (JUN 2020) (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 (JUN 2020) of 52.219-9

__ (18) (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.

_X_ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (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 (MAR 2020) (15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV

2020) (15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (MAR 2020) (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 (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR

2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN2020) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

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

_X_ (31) (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_ (32) (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_ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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).

__ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 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.)

__ (37) (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.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (40) (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.

__ (41) (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.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY

2020) (42 U.S.C. 8259b).

__ (43) (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_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

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

__ (48) 52.225-1, Buy American-Supplies (JAN2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (JAN 2021)(41 U.S.C.chapter83, 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.