RFQ Docs.doc

HSBP1011Q0091

SECTION I SCHEDULES

I.1 SCHEDULE OF SUPPLIES/SERVICES

Total Funded Value of Award:

I.2 DELIVERY SCHEDULE

Customs and Border Protection

1300 Pennsylvania Avenue N W

Washington, DC 20229

BID SCHEDULE (see pages that follow) Note: Quoters are to submit pricing via the included EXCEL automated BID SCHEDULE in lieu of completing the table that follows.

US Customs & Border Protection

International Affairs

Lodging, Conference Space & Catering Quotation

Note: Quote/Vendor to enter responses and prices in GREEN cells only; Sheet will calculate totals. Yellow cells for CBP use; No entry in PINK cells

Quoter/Vendor Name, POC, Email, Phone:

Describe any Renovations to Occur during the stay (Enter NONE or provide details):

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

If paid within ---- > days after receipt of invoice

Hotel Additional Comments and/or Above-Standard Amenities Offered to CBP:

* Note: Unit prices are to include all direct costs, indirect costs/overhead, fee/profit, service charges and gratuity. No price increase will be allowed for service charges/gratuity or other charges inadvertently omitted once order/contract has been fully signed/accepted. CBP does not ordinarily pay sales tax, lodging, tourism, occupancy, or resort fees, etc. relative to payments made directly from US Treasury via purchase order. Any such taxes/fees for which CBP is liable for, are to be included in the unit prices above. A tax exemption form will be completed and submitted by CBP if requested and provided by the hotel.

** Note: Quantities shown are maximum and resulting price for these items shall be a ceiling, beyond which the Contractor proceeds at its own risk. Contractor shall invoice only for services actually provided up to the ceiling amount.

*** Note: Porterage Charge: Include only if hotel policy is for hotel to collect this charge in lieu of guests' offer of gratuity to staff on individual basis for services rendered. Price should include costs for round trip.

CBP intends to issue a purchase order that will 1) provide for reservations for all lodging requirements, 2) provide security for all rooms until arrival, provide for reservations and security for the required conference room, and 4) facilitate EFT/Direct Deposit payment for those rooms, conference room, and catering charges to be covered under the order as indicated above. No additional security for the required lodging rooms is to be offered/provided until guest check-in. Credit card images/impressions will be taken from all guests (or cash) for security to cover incidentals, and for those guests to be paying for lodging with credit cards - the associated lodging costs. No additional security is offered for the conference room and catering requirements (i.e., no credit card image to be made available). Payment for the lodging, conference room, and catering charges covered by the purchase order will be made in approximately 30 days upon receipt of an invoice via EFT. Deposit payments are not available or offered. If unable to agree to these terms, please do not submit a quotation.

Note: Quoters are to submit pricing via the included EXCEL automated BID SCHEDULE in lieu of completing above.

Lodging Room Requirements - Mexico IBIT Event 7/2011

Week Beginning 7/17/2011

23-Jul

Qty of Rooms via Credit Card (CC)

Qty of Rooms via Purchase Order (PO)

Total Nightly Rm Requirements

Check Out

[End of Section]

SECTION II - STATEMENT OF WORK

SERVICES TO BE PROVIDED:

The US Customs and Border Protection (CBP) of the Department of Homeland Security (DHS), is acquiring lodging accommodations in accordance with the specifications, terms, and conditions below, for the purpose of conducting an International Border Interdiction Training Program (IBIT) event for Mexico. The party of participants for this event will be comprised of representatives from foreign governments, all working on official US Government business. CBP will pay the Contractor for costs for accommodations as specified below. Conference Room rental and catering are also required.

Hotel Minimum Requirements

CBP requires a high quality "full service" hotel (i.e., with daily room cleaning services), with a 3 star/diamond rating (or higher) from two (2) or more of Orbitz, Travelocity, Expedia, and/or AAA, or that we have determined are equivalent , equipped and providing services/amenities as follows (Minimum Requirements):

· Contractor shall provide single sleeping rooms (single King size bed requested) for specified number of government officials with allowance for late check-in to accommodate international travelers. The single standard lodging accommodations shall include a private room with a private bath. In addition to normal hotel unit furnishings, television with basic cable television services, in-room local and long distance telephone capabilities and room wake-up service or in-room alarm clock should be provided. Daily room cleaning is required.

· CBP desires to obtain suitable accommodations at or below the GSA lodging rate corresponding to the locale of the selected contractor. CBP realizes however that market conditions may result in hotels not being able to offer such rates as needs arise and thus are requested to offer best possible rates for each requirement. For GSA rates, see:

http://www.gsa.gov/portal/category/21287

· Dining Facilities in Hotel Proximity: During the time that the guests are in the hotel, CBP is responsible for ensuring that regular needs are met during business and non-business hours. The hotel must have a full-service restaurant or dining facility, open for breakfast and dinner (Lunch desired but not required), seven days per week, either inside the hotel or no more than 300' from its main entrance. To reduce the logistical burdens associated with arranging meals during non-course hours, 5 or more additional eating facilities or restaurants must be within a short walking distance (.4 mile or less) from the hotel.

A variety of restaurants is preferred because the diversity of nationalities participating in the events implies the possibility of dietary restrictions/needs.

· Courtesy Van Transportation: Contractor shall provide/or assist with local transportation to/from local eateries and shopping, within the surrounding areas of Contractor’s establishment.

· Business Center: Contractor shall be equipped with a Business Center (or otherwise have available) which includes the following:

Copier

Fax Machine

IBM Compatible “Windows” PC with “Office” type software, fully compatible with Microsoft Office 2000, with current virus protection, and broad-band internet access

Note: High-speed Internet access in individual hotel rooms and in public/common spaces is highly desirable, but not required.

The Contractor shall afford access for the event participants/guests to the business center on a 7:00am – 7:00pm basis (24 hour basis is preferred) and provide assistance to all guests concerning operation of computers and all other office equipment in the business center.

· Fitness Center/Facilities for Guests: The hotel must be equipped with a fitness center equipped with an assortment of devices (i.e., treadmill, bike, stepper, etc.) and ideally an indoor pool. Use of these facilities/ services shall be offered to the guests at no additional cost. Alternately, the hotel may offer access to an off-site facility in conjunction with round-trip transportation (again on a no-cost basis).

· Laundry Facilities: Contractor shall provide information on hours of operation and cost to guest on matters concerning laundry facilities onsite or in local area of their establishment.

· Front Desk Service: Assist with check in and checkout procedures. The Contractor shall verify all guests against the rooming list (to be provided before date of arrival by the CBP Ordering Official – See Item A.5 below).

· Setting: Hotel must be well maintained and present a safe atmosphere for guests, isolated from major thoroughfares/highways, heavy traffic, and the noise that accompanies them. Hotel must be located in a safe and quiet environment, defined as a location where guests can walk outside in the area of the facility and able to do so with a reasonable sense of personal security. Hotels with exterior entrance to sleeping rooms will not be considered.

· No Significant Renovations and/or Construction on the Property and in immediate area: CBP seeks a quality hotel that is able to provide a high quality experience for its participants and guests, free of adverse conditions that may interfere with the conduct of CBP’s event or otherwise adversely affect the participants/guests while at the hotel.

IMPORTANT NOTE: CBP requires a high quality lodging experience for its guests and cannot tolerate renovations at or near the hotel that interfere with this requirement. Hotels with ongoing renovations at the hotel or in the immediate vicinity may not be considered for individual event requirements while such renovations are in progress.

· Parking Facilities: Contractor shall provide a required number of parking spaces (See BID SCHEDULE). The Hotel must also accommodate loading/unloading of a large bus that CBP will provide, with the loading/unloading zone no more than 150' from its main entrance. CBP’s bus (chartered) will be transporting the guests/participants to and from the hotel for various activities and must be able to maneuver in and around the hotel to pick up and drop off members of the party.

· Locale: CBP requires a suitable hotel, located in the McAllen, Mission, Pharr areas, no more than 5 miles (driving distance) from the entrance to McAllen-Miller International Airport (South Bicentennial Blvd.).

Note requirement for proximity to local restaurants above. Hotels located within this area afford the greatest convenience to CBP and its guests for this event.

· Conference Room facilities with food and beverage service - see below for specific requirements.

Conference Facility & Related Services:

CBP requires a conference room, set up with a “classroom” layout, with head table, seating for 20 (or quantity specified in the order) participants (See Bid Schedule for dates). The space/facility provided must be co-located at the hotel for the convenience of the guests/participants. The space provided should square enough to provide for good listening ability and vision of speaker for all participants. There should be no visual obstructions (i.e., columns, etc.); 1000 + sq. ft. or more is desired. Wired high-speed internet access is required in the conference room for the use of CBP. The CBP Project Coordinator will provide guidance as appropriate regarding room set-up and food service requirements (within the limits of this order/contract). CBP will provide any/all audio-visual equipment needed for this event at the Hotel Conference Facility with exception of Projection Screen to be provided by the hotel. The room and its contents shall remain secure and undisturbed from the time of initial room setup and until CBP removes its displays and equipment at the end of the event. This includes weekends and after hours.

The Contractor shall provide and serve a luncheon daily in the Conference Room. The menu is to be varied over the 3 week period with no repeated main course (or main entree) items. The menu shall include a variety of “hot plate” luncheons and sandwich combinations. The following examples are intended to illustrate acceptable meals that may be provided but the Contractor is in no way limited to serving the meals listed. Pork products shall not be served. Sample daily dessert items are also included to illustrate items that would be acceptable. Each meal shall include beverages as listed below. The menu shall alternate daily between a hot plate lunch and sandwich lunch.

Sample Sandwich Lunches:

· Tuna Salad sandwich served with corn chips, salsa, pickle spear and choice of toppings on select bread

· Prime Rib Panini sandwich, with thin sliced beef and Swiss cheese, served with homemade corn chips, salsa, pickle spear and choice of toppings

· Tex-Mex Chicken Sandwich, with grilled chicken breast with Tex-Mex seasonings, served with red onion, lettuce, tomato, seasonings, chips, salsa

· Reuben Sandwich, with thin sliced corned beef, sauerkraut, melted Swiss cheese, homemade dressing on grilled rye bread, with chips or fries

· Classic Burger, with 1/3 lb. fresh ground beef, grilled, served with lettuce, tomato, red onion, choice of toppings, roll, fries

· Breaded chicken fillet sandwich, served with lettuce, tomato, red onion, choice of toppings, roll, fries

· Sub Sandwich, with assorted meats, cheeses, vegetables, choice of toppings, chips, and pickle wedge

Sample Hot Plate Lunches:

· Sautéed Chicken Breasts with cream sauce, seasoned wild rice pilaf, green vegetable

· Grilled Roast Beef with mushroom sauce, herb-roasted potatoes, steamed broccoli

· Spaghetti and Meatballs, toasted garlic bread

· Grilled Salmon fillet, fresh herb and cheddar scalloped potatoes, green beans amandine

· Salisbury Steak, seasoned wild rice, green beans with sliced mushrooms

· Chicken strips, served with choice of dressing, fries

· Breaded chicken wings, served with choice of toppings, served with fries

· Pizza Buffet, with assorted varieties of fresh pizza slices Sample Dessert Items:

· Cookies, brownies, cake, pie, fruit, ice cream novelties Daily Beverage Offerings:

· Bottled Water, cold teas (sweetened and unsweetened), lemonade The Contractor shall provide and invoice for the quantity of meals specified by the CBP Project Coordinator for each catering requirement, within the quantity specified in the BID SCHEDULE. If requirements for these services increase to a quantity beyond that in the BID SCHEDULE, the Contracting Officer must authorize the Contractor to provide and a modification to the order would follow to increase the quantity and relating funding.

Room Cancellation/Attrition:

CBP desires an agreement with the Contractor as follows:

1) Cancellation of entire event on or before 4:00pm local time, date prior to scheduled date of arrival of the party – No costs or liability incurred

2) Reduction or cancellation of one or more rooms after 6:00pm local time, scheduled date of arrival – ideally no costs or liability, but at most, room rate for one night only for each room reduced/canceled

3) Reduction of quantity of days for conference room utilization/requirement on or before 4:00pm local time, date prior to scheduled date of arrival of the party – No costs or liability incurred

4) Reduction of quantity of days for catering/food/beverage/requirement on or before 4:00pm local time, date prior to scheduled date of arrival of the party – No costs or liability incurred (beyond costs for services actually provided) Note: The statement and policy above is “desired” but not required. Vendors are afforded an opportunity to quote cancellation charges in their proposal and such charges are considered in the evaluation of quotations.

Incidental Services Ordered by Participants/Guests:

CBP will pay for charges related to room rate charge (and conference space with catering) only. Costs for incidental services ordered/acquired by the participants/guests (i.e., room service, telephone charges, entertainment, laundry, mini-bar, etc.) are the responsibility of the guest(s) that ordered and received.

Rooming List:

TBD

[End of Section]

SECTION III - CONTRACT CLAUSES

A.1

CONTRACTOR’S PREPARATION OF INVOICE:

CBP requests that the invoice be prepared in a logical and chronological sequence and that backup data accompany the invoice. The vendor shall complete its accounting of the event within two weeks of the conclusion, and submit its invoice in accordance with the instructions contained herein.

[End of Clause]

A.2

CONTRACTING OFFICER'S AUTHORITY (MAR 2003)

The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. In the event the Contractor effects any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. The Contracting Officer shall be the only individual authorized to accept nonconforming work, waive any requirement of the contract, or to modify any term or condition of the contract. The Contracting Officer is the only individual who can legally obligate Government funds. No cost chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer.

The Contracting Officer for this contract is:

Arthur S. Cooper III

Contracting Officer

US Customs & Border Protection

150 Westpark Way

FICD – Suite 200 Euless, Texas 76040-3721 Arthur.cooper@dhs.gov 817-868-8660 (v)

817-545-1288 (f)

[End of Clause]

A.3

CBP PROJECT COORDINATOR

The Project Coordinator is the individual representing the interests of US Customs & Border Protection for this contract. The Project Coordinator has no authority to obligate the US Government, but will provide on-site coordination and assistance as needed during this event. The Coordinator will otherwise provide assistance to the Contracting Officer and Contractor regarding this contract, as appropriate.

The Project Coordinator for this contract is:

Nikki J. Thomas International Officer

International Operations/Mexico Division

Office of International Affairs

U.S. Customs and Border Protection

Washington, D.C.

202-344-2939 (tel)

202-903-1000 (bb)

202-325-4150 (fax) nikki.thomas@dhs.gov [End of Clause]

A.4

SUBMISSION OF INVOICES AND PAYMENT INFORMATION

The invoice document should be clearly annotated/marked as being an “INVOICE.” Submit one consolidated original invoice to the CBP Project Coordinators (see item A.3 above) with a copy to the Contracting Officer (see item A.2 above). Email transmission is preferred.

To constitute a proper invoice, the invoice shall include all of the items required by FAR 32.905 as follows:

Content of invoices. (1) A proper invoice must include the following items:

(i) Name and address of the contractor.

(ii) Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of mailing or transmission.)

(iii) Contract/Order number (see header – upper left of each page of this document) and contract line item number).

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(vi) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(viii) Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice only if required by agency procedures. (See FAR 4.9 for TIN requirements.)

In addition, a copy of each invoice/voucher document shall be submitted to the following addresses:

michelle.woods@dhs.gov

CBPINVOICES@DHS.GOV

InaACQUISITIONTEAM@dhs.gov

[End of Clause]

A.5

AUTHORIZATION AND PERFORMANCE (12/03)

(a) The Contractor warrants that:

· It has obtained authorization to operate and do business in the country or countries in which this contract will be performed.

· That it has obtained all necessary licenses and permits required to perform this contract, and

· That it shall comply fully with all laws, decrees, labor standards, environmental protection requirements, and regulations of said country or countries during the performance of this contract.

(b) If the party actually performing the work will be a subcontractor or joint venture partner, then such subcontractor or joint venture partner agrees to the requirements of paragraph (a).

[End of Clause]

Note: The Contractor and Contracting Officer agree that despite the use of the term “contract” in the text of the following clauses, that the clauses will apply to orders/calls placed under this order.

A.6

FAR 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):

http://www.acqnet.govCS_1356

__________CS_1357

__________CS_1358

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER

DATE

TITLE

52.212-4

JUN 2010

CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS

52.232-11

APR 1984

EXTRAS

[End of Clause]

A.7 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (APR 2011)

(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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

[] Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78)

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

[Contracting Officer check as appropriate] [] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

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

[] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

[] (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (JUL 2010) (Pub. L. 111-5).

[X] (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

[] (7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole Source Award(JAN 2011) (15 U.S.C. 657a).

[] (8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (9) [Reserved] [] (10) (i) 52.219-6, Notice of Total Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

[] (ii) Alternate I (OCT 1995) of 52.219-6.

[] (iii) Alternate II (MAR 2004) of 52.219-6.

[] (11) (i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

[] (ii) Alternate I (OCT 1995) of 52.219-7.

[] (iii) Alternate II (MAR 2004) of 52.219-7.

[] (12) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637(d)(2) and (3)).

[] (13) (i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (15 U.S.C. 637(d)(4).

[] (ii) Alternate I (OCT 2001) of 52.219-9.

[] (iii) Alternate II (OCT 2001) of 52.219-9.

[] (iv) Alternate III (JUL 2010) of 52.219-9.

[] (14) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

[] (15) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (16)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

[] (ii) Alternate I (JUN 2003) of 52.219-23.

[] (17) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (DEC 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[] (18) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[] (19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004).

[X] (20) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C. 632(a)(2)).

[] (21) 52.219-29, Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (APR 2011).

[] (22) 52.219-30, Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (APR 2011).

[X] (23) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (24) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JUL 2010) (E.O. 13126).

[X] (25) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

[X] (26) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

[] (27) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

[X] (28) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

[] (29) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

[] (30) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[] (31) 52.222-54, Employment Eligibility Verification (JAN 2009). (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.)

[] (32)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products 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.)

[] (33) 52.223-15, Energy Efficiency in Energy--Consuming Products (DEC 2007) (42 U.S.C. 8259b).

[] (34)(i) 52.223-16, IEEE 1689 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

[] (ii) Alternate I (DEC 2007) of 52.223-16.

[X] (35) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (SEP 2010) (E.O. 13513).

[X] (36) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d).

[X] (37)(i) 52.225-3, Buy American Act Free Trade Agreements--Israeli Trade Act (JUN 2009) (41 U.S.C. 10a–10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108–77, 108–78, 108–286, 108–302, 109–53, 109–169, 109–283, and 110–138).

[X] (ii) Alternate I (JAN 2004) of 52.225-3.

[] (iii) Alternate II (JAN 2004) of 52.225-3.

[] (38) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (39) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (40) 52.226-4, Notice of Disaster or Emergency Area set-Aside (NOV 2007) [] (41) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) [] (42) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

[] (43) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

[X] (44) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).

[] (45) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332).

[] (46) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).

[] (47) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (48)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (APR 2003) of 52.247-64.

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

[Contracting Officer check as appropriate.] [] (1) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq).

[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq).

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq).

[] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (NOV 2007) (41 U.S.C. 351, et seq.).

[] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

[X] (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L. 110-247).

[] (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

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

(viii) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

[] Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (NOV 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

[End of clause] A.8

COMPLIANCE WITH THE HOTEL AND MOTEL FIRE SAFETY ACT OF 1990 (PL101-391)

The Hotel and Motel Fire Safety Act of 1990 (PL101-391) was passed into law by Congress to save lives and protect property by promoting fire and life safety in hotels, motels and other places of public accommodation. The law mandates that federal employees on travel must stay in public accommodations that adhere to the life safety requirements in the legislation guidelines. PL101-391 also states that federally funded meetings and conferences cannot be held in properties that do not comply with the law. PL101-391 is applicable to all places of public accommodation, and requires that such properties are equipped with:

· hard-wired, single-station smoke detectors in each guestroom in accordance with the National Fire Protection Association (NFPA) standard 72;

· an automatic sprinkler system, with a sprinkler head in each guest room in compliance with NFPA standards 13 or 13R. Properties three stories or lower in height are exempt from the sprinkler requirement.

US Fire Administration (USFA) has been charged with carrying out responsibilities related to the National Master List under the Hotel and Motel Fire Safety Act of 1990. In addition to compiling, maintaining and publishing the National Master List, USFA is also responsible for taking steps to encourage states to promote the use of automatic sprinkler systems and automatic smoke detection systems.

Note: The Contractor must be fully compliant with the requirements above and must be listed at http://www.usfa.fema.gov/applications/hotel/ in order to be eligible for award.

[End of Clause]

A.9

CCR REGISTRATION

To be eligible for order/contract award, the Contractor must be registered at www.ccr.gov and have “Active” status. The Contractor further agrees to receive payment by electronic funds transfer (EFT).

A.10

TAXPAYER IDENTIFICATION NUMBER

Please include taxpayer identification number on all invoices submitted

A.11

HSAR 3052.242-71 DISSEMINATION OF CONTRACT INFORMATION (DEC 2003)

The Contractor shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. An electronic or printed copy of any material proposed to be published or distributed shall be submitted to the Contracting Officer.

[End of Clause]

A.12

FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

United States law will apply to resolve any claim of breach of this contract.

[End of Clause]

A.13

APPLICABLE NAICS CODE(S):

The following code(s) are applicable to this acquisition:

Note: The current small business standard for firms defined by the above NAICS codes 721110 and 721120 is $30.0 million (11/2010). Others are $7.0 million. To confirm the small business standard, go to:

http://www.sba.gov/content/determining-business-size http://www.sba.gov/sites/default/files/Size_Standards_Table.pdf [End of Clause]

A.14

STATE AND LOCAL TAX EXEMPTION

The Contracting Officer will provide documentation or completed forms as required by the Contractor to document its tax exempt status with regard to charges incurred under this order, upon receipt of such appropriate and forms from the Contractor. This exemption applies to locally imposed accommodation or tourism fees. Lodging charges, or similar as well, which shall not be paid by CBP.

[End of Clause]

A.15

COMPLIANCE POSTER REQUIREMENTS

This agreement includes several regulatory requirements (see FAR Clauses 5.212-4 and 52.212-5 incorporated above) which require the posting of informational posters for the benefit of employees working for the Contractor. The Department of Labor (DOL) provides information on poster requirements and links for downloading the required posters at its website:

http://www.dol.gov/elaws/firststep/q2.htm?fs=C0000000000000000000000000000000000 The Contractor is advised to carefully review the FAR Clauses incorporated into this agreement and the DOL website for information regarding compliance issues and to obtain the posters applicable to this agreement and post as required.

Note: In the event that downloading is not possible or desirable, the website has information on ordering the required posters.

[End of Clause]

A.16

CONTRACT TYPE (OCT 2008)

This is a FIRM FIXED PRICE contract, order, or BPA.

[End of Clause]

A.17

CONTRACTOR POC INFORMATION:

TBD

[End of Clause]

[End of Section] [End of Order] SECTION IV – OFFEROR REPRESENTATIONS AND CERTIFICATIONS (The following pages will not be included in the actual order/contract document, but will be incorporated into the contract by reference)

A.18

HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES

(JUN 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

"Expanded Affiliated Group" means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting "more than 50 percent" for "at least 80 percent" each place it appears.

"Foreign Incorporated Entity" means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

"Inverted Domestic Corporation." A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)--

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held--

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

"Person", "domestic", and "foreign" have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395 (b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of…