RFP HSCG80-12-R-P45A28.pdf

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted to:

COMMANDANT (CG-9131)

U S COAST GUARD

OMBUDSMAN PROGRAM FOR AGENCY PROTESTS

2100 2ND ST SW STOP 7112

WASHINGTON DC 20593-7112

The Ombudsman Hotline telephone number is 202.372.3695.

HSCG80-12-R-P45A28 1 of 13

USCGC KISKA (WPB 1336)

Dining and Lodging Combined Synopsis/ Solicitation

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.6, supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued.

Solicitation number HSCG80-12-R-P45A28 is issued as a Request for Proposal (RFP). HSCG80-12-R- P45A28 and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-58. The requirement is being solicited as a 100% Set-Aside for Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program, using Simplified Acquisition Procedures per FAR Subpart 13. The Small Business Size Standard for NAICS 721110 is $30 million.

This requirement is for a firm-fixed price contract. The anticipated award date is on or about July 12, 2012. The period of performance is 121 calendar days from July 25, 2012 through November 23, 2012.

The government intends to award from this solicitation to the responsible vendor whose proposal conforming to the solicitation provides the best value.

Along with your proposal, you must submit a COMPLETE copy of the Dining Menu that will be used for the 121-day period that encompasses ALL Dining Requirements specifically outlined in paragraphs 3.4.2, 3.4.3, and 3.4.4. The vessel will be located at Pier 41 Sand Island Access Road, Honolulu, HI 96817

Refer questions to Louis Romano, Contracting Officer at (757) 628-4651 or Louis.J.Romano@uscg.mil.

Proposals must arrive no later than 2:00 p.m. (Eastern Time) July 2, 2012. Quotations may be e-mailed to Louis Romano (Louis.J.Romano@uscg.mil) or faxed to (757) 628-4630 or 628-4676. The Women-Owned Small Business (WOSB) Program Certification WOSB Forms (5 pages) must be submitted to the Contracting Officer no later than 2:00 p.m. (Eastern Time) June 25, 2012.

The proposals for the following Work Items (including appropriate gratuities for Housekeepers and wait staff) should be broken down and provide unit and extended prices as follows:

20 Breakfasts at quoted price of _____ times 121 days equals an amount of: $__________

20 Lunches at quoted price of ____ times 121 days equals an amount of: $__________

20 Dinners at quoted price of ____ times 121 days equals an amount of: $__________

8 Double Rooms at quoted price of ____ times 121 days equals an amount of: $__________

4 Single Rooms at quoted price of ____ times 121 days equals an amount of: $__________

For a total job price of: $__________

HSCG80-12-R-P45A28 2 of 13

Dining and Lodging Combined Synopsis/ Solicitation

1. SCOPE

1.1 Intent. This work item describes the requirements for the Contractor to provide temporary dining and lodging for Coast Guard personnel.

1.2 Government-furnished property.

None.

2. APPLICABLE DOCUMENTS

COAST GUARD DRAWINGS

None.

COAST GUARD PUBLICATIONS

None.

OTHER REFERENCES

AAA/CAA -http://www.aaanewsroom.net/Main.asp?CategoryID=9&SubCategoryID=22& Hotel and Motel Fire Safety Act of 1990 (PL101-391)

FORBES (formerly MOBIL) Travel Guide - http://www.forbestravelguide.com/

3. REQUIREMENTS

3.1 Lodging requirements. The Contractor shall provide quality temporary lodging, for 20 Coast Guard personnel within a 15-mile radius of Pier 41 Sand Island Access Road, Honolulu, HI 96817.

3.1.1 Occupancy particulars. Provide 8 double occupancy and 4 single occupancy rooms for Coast Guard personnel.

3.1.2 Commencement and completion. Ensure that lodging shall commence with check-in on 25 July 2012 and terminate on 23 November 2012 at normal check-out time.

3.2 Regulations and standards. The Contractor shall ensure that all lodging facilities provided shall meet the following minimum standards:

• Meet the Hotel and Motel Fire Safety Act of 1990 (PL101-391) and be listed on the Hotel-Motel Master List (see 4.1 (Hotel and Motel Fire Safety Act of 1990 (PL101-391))).

• Lodging Facility shall be within 15 miles of the Dry-dock location.

• Facility shall meet at a minimum the requirements of either three stars for a Mobil Travel Guide rating, three diamonds for an American Automotive Association (AAA) rating or Cranley Rating Level six (6).

• Full indoor laundry facility on premises with 24/7 guest access.

• Full access and use of a workout facility or fitness center in designated exercise room w/ dedicated equipment specialized for the use of working out (e.g. treadmill, rowing machine, elliptical machine, weight machine, free weights etc.). Facility shall be either on the lodging facility http://www.aaanewsroom.net/Main.asp?CategoryID=9&SubCategoryID=22&

http://www.forbestravelguide.com/

HSCG80-12-R-P45A28 3 of 13

Dining and Lodging Combined Synopsis/ Solicitation premises or within walking distance (not to normally exceed ½ mile or 5 minute commute via vehicle).

• Access to internet in all rooms.

• Full maid service and cleaning.

• Iron and Ironing Board in every room

• Full Bath

• Microwave and refrigerator in every room.

• Berthing facility room entrances shall be accessible only by internal hallway(s). The berthing facilities internal hallway(s) shall have locked exterior doors, accessible by key-holding facility guests only. Internal hallway(s) shall be accessible by the berthing facility’s lobby. The berthing facilities lobby shall be manned by a front desk attendant 24 hours a day and 7 days a week.

3.3 Parking. The Contractor shall ensure that the lodging facility must have parking available for a minimum of 3 vehicles during the entire duration of the stay.

3.4 Dining requirements. The Contractor shall provide healthy, appetizing, and nutritious dining, including 3 meals a day and wait staff gratuities, for up to 20 Coast Guard personnel within a 5 mile radius of the crew’s primary lodging location and within a reasonable distance (not more than 5 miles) of the shipyard location for lunch.

3.4.1 Commencement and completion. Dining shall commence with lunch on 25 July 2012 and terminate with breakfast on 23 November 2012 .

3.4.2 Breakfast. Each breakfast shall include:

• A choice of two whole fresh fruits.

• A choice of three fruit juices.

• A choice of whole or low fat milk.

• A choice of two cereals.

• Eggs cooked to order.

• Pancakes, French toast or waffles.

• Bacon or another breakfast meat.

• A choice of potatoes or grits.

• A choice of toast or pastry.

• A choice of coffee or tea.

• Butter, margarine, syrup and jelly or jam.

3.4.3 Lunch and dinner. Each lunch and dinner shall include a choice of three different hot entrées.

Entrée choices shall vary in a manner not to repeat within a 3-day period. Daily entrée choices shall include the following;

Poultry (baked and grilled options shall be available upon request, in lieu of battered and/or fried).

Beef or pork Fish or shellfish (baked and grilled options shall be available upon request, in lieu of battered and/or fried).

HSCG80-12-R-P45A28 4 of 13

A choice of soup or salad, with crackers & regular &/or low fat dressing. Soup choices shall not repeat within a 3-day period.

A choice of potatoes or pasta with accompanying sauces.

A choice of two vegetables.

Water and a choice of beverages.

A choice of breads; and a choice of butter or margarine.

A choice of three different desserts or whole fresh fruit.

3.4.4 Take-out meals. The Contractor shall substitute carry-out meals for up to 3 Coast Guard personnel, for breakfast, lunch and dinner, when designated by the COTR. The Contractor shall coordinate pick up times and location with the COTR. Lunch carry-out meals shall include either hot meals as detailed in paragraph 3.4.4 or a box lunch which shall include:

• A choice of sandwiches with three different options of deli meat on a choice of breads or wraps (including choice of condiments).

• A bag of chips.

• Potato, pasta or garden salad with dressing.

• A choice of two desserts including fresh whole fruit as one option.

• A choice of beverages to include soda, diet soda, bottled water & juices.

3.5 Dining Facility. The Contractor shall provide a dining area that is used solely for the purpose of dining, and shall be available to the crew for no less then 3 hours per meal.

3.6 Commercial Dining Standard. Meet, at a minimum, the requirements of three stars for a Forbes (formerly Mobil) Travel Guide rating or three diamonds for an American Automobile Association (AAA) rating.

4. NOTES

4.1 Hotel and Motel Fire Safety Act of 1990 (PL101-391). Information on the Safety Act and the Master Hotel list can be found at http://www.usfa.fema.gov/applications/hotel/.

4.2 Rating criteria. Rating criteria can be found at the following websites:

• AAA/CAA - http://www.aaanewsroom.net/Main.asp?CategoryID=9&SubCategoryID=22& Select “Diamond Ratings.”

• FORBES (formerly MOBIL) Travel Guide - http://www.forbestravelguide.com/

CONTRACT CLAUSES

(1) FAR 52.252-2, Clauses Incorporated by Reference (Feb1998)

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 the full text available. Also, the full text of a clause may be accessed electronically at https://www.acquisition.gov/far/.

http://www.usfa.fema.gov/applications/hotel/ http://www.aaanewsroom.net/Main.asp?CategoryID=9&SubCategoryID=22&

http://www.forbestravelguide.com/ https://www.acquisition.gov/far/

HSCG80-12-R-P45A28 5 of 13

(2) The provision at FAR 52.212-1, Instructions to Offerors - Commercial Items (Feb 2012) applies.

(3) FAR 52.212-2, Evaluation--Commercial Items (Jan 1999)

Evaluation and Award: The government intends to award a contract resulting from this solicitation to the responsible offeror whose quote conforming to the solicitation provides the best value to the government.

(4) Quotes shall include a completed copy of the provision at 52.212-3, Offeror Representations and

Certifications—Commercial Items (Apr 2012)

(5) FAR 52.212-4 Contract Terms and Conditions – Commercial Items (Feb 2012) applies to this acquisition.

(6) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2012)

(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.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 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).

http://www.arnet.gov/far/current/html/52_212_213.html#wp1179194

HSCG80-12-R-P45A28 6 of 13

X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Feb 2012) (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’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note).

___ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

___ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (10) 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).

___ (11) [Reserved]

___ (12) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

X (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

___ (15) (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.

HSCG80-12-R-P45A28 7 of 13

___ (iv) Alternate III (July 2010) of 52.219-9.

___ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C.

644(r)).

X (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C.

637(a)(14)).

___ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (19) (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 (June 2003) of 52.219-23.

___ (20) 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).

___ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

X (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

X (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

X (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

X (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C.

4212).

HSCG80-12-R-P45A28 8 of 13

X (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

X (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

X (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (34) 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.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

X (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

___ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a- 10d).

___ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (May 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103- 182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, and 112-42).

___ (ii) Alternate I (Mar 2012) of 52.225-3.

___ (iii) Alternate II (Mar 2012) of 52.225-3.

___ (iv) Alternate III (Mar 2012) of 52.225-3.

___ (41) 52.225-5, Trade Agreements (May 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

HSCG80-12-R-P45A28 9 of 13

X (42) 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).

___ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (45) 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)).

___ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

X (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).

___ (48) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

___ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

___ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C.

552a).

___ (51) (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.]

X (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C.

351, et seq.).

X (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.).

HSCG80-12-R-P45A28 10 of 13

___ (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).

X (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 this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

HSCG80-12-R-P45A28 11 of 13

(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)

HSCG80-12-R-P45A28 12 of 13

(7) FAR 52.222-42 – Statement of Equivalent Rates for Federal Hires (May 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage -- Fringe Benefits 07041 - Cook I $22.54 - See below* 07042 - Cook II $27.19 - See below* 07070 - Dishwasher $15.30 - See below* 07260 - Waiter/Waitress $17.09 - See below* 11240 - Maid or Houseman $13.47 - See below* 99050 - Desk Clerk $13.69 - See below* 99030 - Cashier $11.17 - See below*

* Fringes are as follows:

1. Holidays: New Year's Day, Martin Luther King's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day, and Inauguration Day (when applicable).

2. Annual Leave: Two hours of annual leave each week for an employee with less than three years service; three hours of annual leave each week for an employee with three but less than fifteen years of service; and four hours of annual leave each week for an employee with fifteen or more years of service.

3. Sick Leave: Two hours of sick leave each week for all employees.

4. Life insurance, health insurance, workers' compensation, and Federal Insurance Compensation Act (for temporary employees) at 7 percent of basic hourly rate.

5. Retirement: 7.0 percent of basic hourly rates for employees hired through December 31, 1985.

Retirement at 0.8 percent for employees hired on January 1, 1986, or after.

6. Medicare: 1.45 percent of basic hourly rates for all employees.

7. Social Security: 6.2 percent of basic hourly rates for employees hired on or after January 1, 1986, up to a maximum gross annual salary of $80,400.

(End of clause)

Department of Labor, Employment Standards Administration, Wage and Hours Division, Washington, D.C. 20210, Register of Wage Determinations Under the Service Contract Act, by direction of the

HSCG80-12-R-P45A28 13 of 13

Dining and Lodging Combined Synopsis/ Solicitation

Secretary of Labor, Division of Wage Determinations, Wage Determination No: 1996-0259, Revision No:

25, Date of Revision: 06/17/2011 State: Hawaii. Copies of this Wage Determination will be provided upon request.

No other additional contractual terms and conditions are applicable. No Defense Priorities and Allocations System (DPAS) rating are assigned.