DJA-18-AHDQ-R-0012_Lodging_Accommodations_for_Front_Royal_VA_(Posted_Dec_22).pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

DJA-18-AHDQ-R-0012

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

12/22/2017

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME

Jim Huff James.Huff@ATF.gov

b. TELEPHONE NUMBER (No collect calls)

(O) 2026489117 (F) 2026489659

8. OFFER DUE DATE / LOCAL

TIME

01/08/2018 01:00:00

CODE 15A000

ATF - ACQUISITIONS BRANCH

Jim Huff 99 New York Ave. NE Washington, DC 20226

9. ISSUED BY UNRESTRICTED OR X SET ASIDE: % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 721110

SIZE STANDARD: $0

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

A902080CODE15. DELIVER TO

CANINE TRAINING CENTER

CANINE TECHNICAL BRANCH

122 CAVALRY DR.

FRONT ROYAL, VA 22630

BRANCH CHIEF

CODE 15A00016. ADMINISTERED BY

ATF - Logistics & Acquisition Division 99 New York Ave NE

WASHINGTON, DC 20226

DIVISION CHIEF

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

, CA 94612-0000

A404040CODE18a. PAYMENT WILL BE MADE BY

ATF - Finance Branch 99 New York Avenue NE, #4.S-288 Washington, DC 20226

Finance Branch

(O) (202) 648-7860 Finance.Branch@ATF.gov

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Delivery Date: 03/01/2023

The Bureau of Alcohol, Tobacco, Firearms and Explosives contemplates a Multiple Award, but no more than two;

Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) contract(s) for Lodging Accommodations

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

James M. Huff

31c. DATE SIGNED

12/22/2017

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

DJA-18-AHDQ-R-0012 Page 1 of 52

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

DJA-18-AHDQ-R-0012 Page 2 of 52

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

Section B Supplies or Services and Prices/Costs 3 Contract Clauses

Section C Descriptions and Specifications Section D Packaging and Marking Section E Inspection and Acceptance 52.216-1 Type Of Contract 52.247-34 F.O.B. Destination (Nov 1991) Section G Contract Administration Data

ATF-14 ELECTRONIC INVOICING

ATF-16 QUARTERLY CONTRACTOR ACCOUNTS PAYABLE LIABILITY INQUIRIES

ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS

ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT

ATF-29 STATEMENT OF WORK / SPECIFICATIONS (Continued) Section H Special Contract Requirements (ATF & DOJ Clauses) ATF-41 Department Policy on Domestic Violence, Sexual Assault, and Stalking ATF-46 Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - Award (DEVIATION 2015-02) (March 2015) ATF-47 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Award (DEVIATION 2015-02) (March 2015) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.212-4 Contract Terms and Conditions--Commercial Items (Jan 2017) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Nov 2017) 52.212-3 Offeror Representations and Certifications--Commercial Items (June 2008) 52.216-18 Ordering 52.216-19 Order Limitations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.216-22 Indefinite Quantity 52.216-24 Limitation Of Government Liability 52.217-8 Option To Extend Services 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.243-1 Changes--Fixed Price

4 List of Attachments 5 Solicitation Provisions

52.209-7 Information Regarding Responsibility Matters (Jan 2011) 52.219-1 Small Business Program Representations (Apr 2011) ATF-43 Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - Solicitation (DEVIATION 2015-02) (March 2015) ATF-44 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Solicitation (DEVIATION 2015-02) (March 2015) Section L Instructions, Conditions and Notices to Bidders 52.216-27 Single or Multiple Awards 52.233-2 Service Of Protest 52.212-2 Evaluation - Commercial Items (Jan 1999) 52.217-4 Evaluation Of Options Exercised At The Time Of Contract Award 52.217-5 Evaluation Of Options Section M Evaluation Factors for Award

DJA-18-AHDQ-R-0012 Page 3 of 52

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Year

Lodging Accommodations

The Bureau of Alcohol, Tobacco, Firearms and Explosives contemplates a Multiple Award, but no more than two; Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) contract(s) for Lodging Accommodations

Line Period of Performance: 03/02/2018 - 03/01/2019

1.000000 YR $____________ $___________________

0002 OPTION PERIOD 1

Line Period of Performance: 03/02/2019 - 03/01/2020

1.000000 YR $____________ $___________________

0003 OPTION PERIOD 2

Line Period of Performance: 03/02/2020 - 03/01/2021

1.000000 YR $____________ $___________________

0004 OPTION PERIOD 3

Line Period of Performance: 03/02/2021 - 03/01/2022

1.000000 YR $____________ $___________________

0005 OPTION PERIOD 4

Line Period of Performance: 03/02/2022 - 03/01/2023

1.000000 YR $____________ $___________________

Section B Supplies or Services and Prices/Costs

SECTION B – CONTINUATION BLOCK

B.1 SUPPLIES / SERVICES BEING PROCURED

The Bureau of Alcohol, Tobacco, Firearms and Explosives contemplates a Multiple Award, but no more than two; Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) contract(s) for Lodging Accommodations with canines located in the Front Royal, VA area for the National Canine Training and Operations Center (NCTOC).

B.2 CONTRACT TYPE

This Indefinite Delivery Indefinite Quantity (IDIQ) contract will have a twelve (12) month Base Period and four (4) twelve (12) month Option Periods.

B.3 SCHEDULE

BASE PERIOD: 03/02/2018 thru 03/01/2019

OPTION YEAR ONE: 03/02/2019 thru 03/01/2020

OPTION YEAR TWO: 03/02/2020 thru 03/01/2021

OPTION YEAR THREE: 03/02/2021 thru 03/01/2022

OPTION YEAR FOUR: 03/02/2022 thru 03/01/2023

B.4 THIRD PARTIES

DJA-18-AHDQ-R-0012 Page 4 of 52

Direct award to the Hotel will be the only award(s) made. No third party contractor’s proposal will be accepted.

B.5 GOVERNMENT OBLIGATION

The contract ceiling is $1.1 million per award. The Government minimum guarantee under the base year and option years (if exer-cised) is $1000 over the life of the contract

B.6 TASK ORDER

Services will be delivered in response to funded task orders issued against this contract. Task orders issued against the contract shall serve as funding documents. Because this is an IDIQ requirement, the contract will not be the funding document.

B.7 PRICING SCHEDULE

BASE PERIOD:

CLIN DESCRIPTION UNIT Fixed Price per Day

0001 Lodging DAY ______________

Rate after the first thirty (30) days of Lodging should be DAY ______________ reduced to 55% below Per diem. This is not mandated, but (After 30 days per visit) note final pricing will be used for determination of award purposes.

Price must include Canine Occupation when applicable

OPTION PERIOD ONE:

CLIN DESCRIPTION UNIT Fixed Price per Day

1001 Lodging DAY ______________

Rate after the first thirty (30) days of Lodging should be DAY ______________ reduced to 55% below Per diem. This is not mandated, but (After 30 days per visit) note final pricing will be used for determination of award purposes.

Price must include Canine Occupation when applicable

OPTION PERIOD TWO:

CLIN DESCRIPTION UNIT Fixed Price per Day

2001 Lodging DAY ______________

Rate after the first thirty (30) days of Lodging should be DAY ______________ reduced to 55% below Per diem. This is not mandated, but (After 30 days per visit) note final pricing will be used for determination of award purposes.

Price must include Canine Occupation when applicable

OPTION PERIOD THREE:

CLIN DESCRIPTION UNIT Fixed Price per Day

3001 Lodging DAY ______________

DJA-18-AHDQ-R-0012 Page 5 of 52

Rate after the first thirty (30) days of Lodging should be DAY ______________ reduced to 55% below Per diem. This is not mandated, but (After 30 days per visit) note final pricing will be used for determination of award purposes.

Price must include Canine Occupation when applicable

OPTION PERIOD FOUR:

CLIN DESCRIPTION UNIT Fixed Price per Day

4001 Lodging DAY ______________

Rate after the first thirty (30) days of Lodging should be DAY ______________ reduced to 55% below Per diem. This is not mandated, but (After 30 days per visit) note final pricing will be used for determination of award purposes.

Price must include Canine Occupation when applicable

DJA-18-AHDQ-R-0012 Page 6 of 52

Section 3 - Contract Clauses

52.212-4 Contract Terms and Conditions--Commercial Items (Jan 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this con-tract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Gov-ernment may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exer-cise its post-acceptance rights--

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agree-ment on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reason-able control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this con-tract.

DJA-18-AHDQ-R-0012 Page 7 of 52

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, includ-ing costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the de-mand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

DJA-18-AHDQ-R-0012 Page 8 of 52

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisi-tion Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon ac-ceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particu-lar purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regu-lations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limita-tions on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

DJA-18-AHDQ-R-0012 Page 9 of 52

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following or-der:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Govern-ment's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Of-ficer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM in-formation that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect inform-ation within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see subpart 32.8, Assignment of Claims). Assignees shall be separately re-gistered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Sus-pension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requir-ing the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it ap-pearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

DJA-18-AHDQ-R-0012 Page 10 of 52

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (Jan 2017)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Reference

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

Clause Title Fill-ins (if applicable)

52.211-17 Delivery of Excess Quantities

52.202-1 Definitions

52.203-5 Covenant Against Contingent Fees

52.203-6 Restrictions On Subcontractor Sales To The Government

52.203-7 Anti-Kickback Procedures

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(Jul 2010)

52.222-35 Equal Opportunity for Veterans (Sep 2010)

52.222-35 Alt I Equal Opportunity for Veterans (Sep 2010)- Alternate I (Dec 2001) list: "[List term(s)]"

52.223-14 Toxic Chemical Release Reporting

52.244-6 Subcontracts for Commercial Items (MAR 2009)

52.249-1 Termination For Convenience Of The Government (Fixed Price) (Short

Form)

52.249-8 Default (Fixed-Price Supply & Service)

Clauses By Full Text

DJA-18-AHDQ-R-0012 Page 11 of 52

Section C Descriptions and Specifications

Section C

DEPARTMENT OF JUSTICE

BUREAU OF ALCHOL, TOBACCO, FIREARMS AND EXPLOSIVES

NATIONAL CANINE DIVISION

STATEMENT OF WORK

FOR

LODGING ACCOMODATIONS

BACKGROUND

The Department of Justice, Bureau of Alcohol, Tobacco, and Firearms & Explosives (ATF), National Center Division (NCD) is seeking lodging accommodations near the National Canine Division in Front Royal, Virginia. The NCD develops, delivers and facilitates the training of ex-plosives and accelerant detection canines for state, local, federal and international canine hand-lers. The NCD’s canine programs produce extremely reliable, mobile, accurate, and durable ex-plosives and accelerant detection tools, capable of assisting law enforcement and fire investigat-ors with the escalating threat faced by communities worldwide Hotel accommodations are re-quired to temporarily house the instructors and students attending these training courses.

Under 5 U.S.C. 5707a and 15 U.S.C. 2225, travel arrangements of agencies (as defined in 5 U.S.C. 5701), must be made through travel management processes designed to book commer-cial lodging in approved places of public accommodation, whenever available. Approved loca-tions of public accommodations are hotels, motels, and other locations of public accommoda-tion that are listed by the Administrator of the Federal Emergency Management Agency (FEMA) as meeting the requirements of the fire prevention and control guidelines described in section 29 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2225). Informa-tion on the FEMA Hotel Motel Fire-Safe list may be found at ht-tp:www.usfa.dhs.gov/applications/hotel/.

SCOPE

This contract provides for hotel accommodations for attendees of NCD’s explosives and accel-erant training courses. The rates for these accommodations must be equal to or less than the Government’s Per Diem Rate (as published by the General Services Administration).

OBJECTIVES

To obtain lodging accommodations for state, local, federal and international students attending NCD accelerant detection and explosives detection canine training courses. Courses will be held over a five-year period during the contract life and up to two hotels will be selected for the contract.

4.0 APPLICABLE DOCUMENTS

4.1 Compliance Documents

The following documents provide specifications, standards, or guidelines that must be complied with in order to meet the requirements of this contract:

Hotel and Motel Fire Safety Act of 1990 ( or current act); which may be viewed at ht-tp://cgtp.net/the-hotel-and-fire-safety-act-of-1990

Fire Administration Authorization Act of 1992 (or current act); which may be viewed at ht-tp://www.cfr.vlex.com/vid/102-80-90-fire-relevant-engineering-19788436

DJA-18-AHDQ-R-0012 Page 12 of 52

Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2225); which may be viewed at www.house.gov/legcoun/comp/FIREPREV.PDF

29 CFR 1910 of the Occupational Safety and Health Act (or current act); which may be viewed at http://www.osha.gov/pls/oshaweb/owasech.searchformdoctype

Americans with Disabilities Act, 42 U.S.C. Section 12101; which may be viewed at ht-tp://www.eeoc.gov/laws/statutes/ada.cfm

5.0 REQUIREMENTS

The Contractor shall operate their facility in strict conformance with all Federal, State, and Loc-al safety requirements and applicable provisions of the above stated compliance documents.

5.1 The requirements of ATF for lodging accommodations are as follows:

Lodging Facility

Hotel must be FEMA Certified and have passed State Fire Marshall’s safety inspection (Copies of these document must be submitted with proposal);

Lodging accommodations must be priced at or below the Government Per Diem rate. No dog fee will be charged; dog fee will be included in room rate;

Must be able to accommodate a maximum of 12 students/instructors at any given time for up to 12 weeks at a time.

There may be occasions when training courses are conducted concurrently and additional ac-commodations will be needed;

Must have easy access to and located within an 10-mile radius of the NCD;

Hotel must have at least one designated point of contact with authority to make decisions on be-half of hotel;

On-site washer/dryer units;

On-site “work-out” facility;

Must have staff personnel available 24 hours a day to assist with any emergency;

Must be “pest-free” (e.g. no rodent, roaches, ants, or the like) and the hotel/motel must sub-scribe to a routine pest control service. Rooms must be pest free and must use odor free chemic-als that are non-toxic to canines. No pest control items (i.e., glue traps, bait boxes, rodent pel-lets, etc.) are to be left in the rooms housing the canines that they could possibly ingest or come in contact with;

Must be equipped with a fax machine;

Should be located within 1mile walking distance of: full-service restaurants, bank & ATM, pharmacy store, supermarket, health club/gym;

Students and Instructors must be extended same privileges as non-government guests;

FEMA compliant with the Hotel/Motel Fire Safety Act – Public areas, and lodging accommoda-tion rooms will have smoke detectors, sprinkler systems, fire extinguishers, emergency alarm system.

All cleaning products and chemicals used in housekeeping must be safe and non-toxic to canines.

Must have Amenities of ATF’s assigned rooms

Rooms will be furnished and equipped according to the industry standard of the single occu-pancy room to include (at a minimum) a full bath with shower, bed, desk, color television, touch tone telephone, high speed internet service, a dresser or chest of drawers with mirror, bed-side table(s), an occasional table, (2) occasional chairs. All items of furniture must be clean, DJA-18-AHDQ-R-0012 Page 13 of 52 free of dust, dirt, and debris, and all items of furniture must be in good repair, functional, and sturdy;

Central air conditioning and heating that will provide ventilation necessary to maintain comfort;

Working microwave, refrigerator and coffee pot;

Programmable safe secured to the floor in each assigned room for storage of valuables;

Telephone (no cost for local and toll-free calls);

Color television with a digital/satellite system offering multiple/various channel selection for the students;

High-speed wireless data connection for internet connectivity in each room (hardwired or room set up with multi-computer hard-wired) to be included in room fee;

Provide daily housekeeping service;

Clean linens (changed a minimum of twice per week);

Clean towels daily;

Security – Must have at least one of the following: pass key entrance capabilities; dead bolt on accommodation entrance doors; peep holes; security cameras; or lighted public areas. A “Do Not Disturb” placard shall be provided to be used when the canine is in the room to prevent hotel staff from entering;

Rooms shall only be accessed from inside the hotel to prevent hotels with balcony access;

Rooms designated, as “No Smoking” must be free from residual odor and contamination caused by the previous use of tobacco products;

Sleeping rooms shall be furnished with adequate lighting (incandescent lamps of 75 watts min-imum) to include a bedside lamp for each bed, and a lamp on each table, dresser, and personal desk.

Noise - There shall be no undo sleep disturbing noises. For example, the sound of refrigerator or diesel trucks left to run all night, loud music or television, or a gathering of persons who are talking, laughing, or making similar noises that would be disturbing to a person’s ability to sleep.

Must have a conference room available to accommodate a maximum of 25 individuals; inclus-ive of audio/visual hookups at no additional charge and;

Ample free “near room” parking.

Normal hotel/motel support services such as message service, wake up calls, ice machine, and vending machines for beverages and snacks shall be provided.

Allow trained canines to be housed in the rooms with or without the students;

Allow canines to occupy rooms on a 24-hour per day basis for the duration of the contract peri-od;

Have the ability to have an outdoor grassy break area, away from the public area, for the canines to be walked and exercised;

Provide a breakout/hospitality room for students;

Willingly work with a language interpreter for concerns relating to foreign persons lodging at the hotel/motel;

Allow ATF to conduct on-site inspections of any proposed hotel to ensure all requirements are met prior to award and during the awarded period.

DJA-18-AHDQ-R-0012 Page 14 of 52

5.2 Cancellations – Whenever possible, a two-week advance notice will be provided in the case of “non-emergency” cancellations. However, the Government reserves the right to make changes 24 hours in advance without incurring any penalties or cost for cancellation. Should a student or instructor depart prior to the termination date of the purchase order, the Government will delete any lodging not required at the Contractor’s established check-out time.

5.3 Roster – ATF will provide a listing of students/instructors; changes to this listing may be required and made by ATF designated personnel only. The acceptance of changes if made by anyone other than the designated (to be identified under Section “G” of the subsequent contract) personnel could result in non-payment of changes for lodging arrangements.

6.0 PERIOD OF PERFORMANCE

The period of performance will be will be five years from the date of award of this contract.

7.0 PLACE OF PERFORMANCE

Within 10-mile radius of the National Canine Division in Front Royal, Virginia.

8.0 CONTRACTOR PERSONNEL

Qualified Personnel

The Contractor shall provide qualified skilled personnel to perform all requirements specified in this SOW.

The Government will NOT be held responsible if any class is cancelled and the Government cannot be charged for lodging NOT used. All dates and number of lodging rooms required are tentative and are subject to change or even cancelled within a twenty four (24) hour period

Section D Packaging and Marking

SECTION D

SECTION D - PACKAGING AND MARKING

Proposals

The preferred method for proposals to be submitted in response to this solicitation is via e-mail to James.Huff@atf.gov If mailed Delivery must be Post Marked and Received no later than the closed date specified in the solicitation. See Section L within solicitation DJA- 18-AHDQ-R-0012 for specific mailing instructions.

Except as specifically provided in an order, all postage and fees related to the submission of in-formation, including but not limited to forms, reports, supporting, supporting documentation, etc. shall be paid by the Contractor. The Government shall not be responsible for costs associ-ated with proposal preparation.

Section E Inspection and Acceptance

SECTION E

INSPECTION AND ACCEPTANCE

DJA-18-AHDQ-R-0012 Page 15 of 52

ATF, if necessary, will request an onsite inspection of any proposed hotel to ensure all require-ments are met prior to award.

ATF can request an onsite inspection at any time during the life of the contract to ensure the awarded hotel is remaining compliant the awarded contract.

52.216-1 Type Of Contract

The Government contemplates award of a Single or Multiple contract resulting from this solicitation.

(End of provision)

52.247-34 F.O.B. Destination (Nov 1991)

(a) The term "f.o.b. destination," as used in this clause, means--

(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capa-city. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is re-quired to complete delivery to consignee.

(b) The Contractor shall--

(1)(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

(End of clause)

Section G Contract Administration Data

SECTION G

DJA-18-AHDQ-R-0012 Page 16 of 52

CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION OFFICE

The resultant contract will be administered by:

Department of Justice Bureau of Alcohol, Tobacco Firearms and Explosives Logistic Acquisition Division 99 New York Avenue NE Washington, D.C. 20226

POC Jim Huff Contracting Officer james.huff@atf.gov PH# 202/648-9117

G.2 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

Cathy Petersen National Canine Division (NCD) 122 Calvary Drive Front Royal, VA 22630 Phone 202/648-6520 E-Mail catherine.petersen@atf.gov

Scope of Specific COR Responsibilities.

This designation is limited to the responsibilities and authority contained below and does not confer authority to grant any deviation from contract provisions. The COR shall be careful to ensure the he or she does not alter the terms and conditions of the contract. The specific responsibilities of the COR may include:

Pre Award:

1. Develop contract specifications or work statement to promote competitive procurement actions;

2. Assist in market research and technical evaluation of prospective contractor;

3. Coordinate actions relating to funding and scope of work;

Post Award:

4. Maintain the COR file.

5. Maintain a list of cleared contractor and subcontractor personnel (names and social security numbers.)

6. Document in writing technical instructions to the contractor;

7. Review and submit recommendations to the contracting officer on subcontracts.

8. Monitor the contractor's performance to assure that it is strictly within the scope of the contract.

9. Promptly review reports, approve and keep adequate inspection and testing reports.

10. Accept deliverables.

11. Refer matters that may affect the contract to the contracting officer;

12. When the contractor is known to be behind schedule, inform the contracting officer with the reasons; co-ordinate corrective action necessary to restore the contract schedule with the contracting officer.

13. Furnish the contracting officer a copy of Government/contractor reports and correspondence.

14. Request the contracting officer authorize Government-furnished property and furnish the CO with disposi-tion of Government--furnished property or contractor-acquired property;

15. Monitor contractual spending.

16. Review contractor invoices to ensure that they reflect accurately the work completed and deliverables received in accordance with the requirements of the contract. Certify acceptance under the contract. Submit invoice to the Financial Management Division, and provide a copy of the accepted contractor invoice to the contracting officer;

17. Formally request the contacting officer issue government desired changes in the work or services, and delivery schedule in a writ-ten modification before the contractor proceeds with the changes;

18. Report suspected fraud, bribery, conflicts of interest, and other improper conduct to the contracting officer.

19. Forward to the contracting officer any contractor request for public release of information regarding work being performed under the contract.

20. Notify the contracting officer of any inventions developed by the contractor during the performance of the contract.

21. When required, furnish the contracting officer with a formal request for contract termination.

1. Upon expiration of the contract attest in writing that the contractor has completed performance under the contract, has delivered all requirements and all goods and services are accepted.

DJA-18-AHDQ-R-0012 Page 17 of 52

2. Certify that the contractor employees have followed the proper checkout procedures when contractor personnel no longer require access to ATF facilities. The COTR must ensure that the contractor completes the separation check-list for their personnel, and submits it to the COTR. The COTR will certify it, maintain the original in the COTR file and provide a copy to the contracting officer.

Submit annual and final performance evaluation reports of contractor performance as required in the NIH database. A notice of satis-factory or unsatisfactory completion should be included with the final performance evaluation report.

ATF-14 ELECTRONIC INVOICING

ELECTRONIC INVOICING (Revised October 27,2008)

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) encourages contractors to invoice electronically. Invoicing electron-ically saves time, money, and physical storage space for both the Government and the contractor.

Each invoice must be a proper invoice in accordance with Federal Acquisition Regulations (FAR) 32.905(b). The contractor may sub-mit a combined invoice with each ATF contract/order number.The invoice must clearly identify the specific Contract Line Item (CLIN) or item number for which the contractor is seeking payment under the contract/order. If the invoice covers multiple CLINs or item numbers, the invoice must clearly identify specific amounts and activity applicable to each.

Electronic invoices must be submitted to the ATF Contracting Officer's Representative (COR)/POC named in Section G/Section 3.3 of this contract and Financial Management Division (FMD), Finance.Branch@ATF.gov. Electronic invoices will serve as the official ori-ginal copy. The e-mail subject line must contain the name of the ATF COR/POC named in Section G/Section 3.3 of this contract (i.e., John Doe Contract Invoice Oct 08). ATF will return to the vendor any invoices that do not contain the correct subject line information.

Contractors who are unable to submit electronic invoices may mail their invoices to the COR/POC named in Section G/Section 3.3 of this contract and FMD address provided below:

Bureau of Alcohol, Tobacco, Firearms & Explosives Attn: Finance Branch EXPEDITE CONTRACT…