Lodging.09-6RB999.doc

Solicitation No. HSCG89-09-R-6RB999 Page 7 of 29

I. ADDENDA – SCHEDULE OF SUPPLIES/SERVICES

Per the attached requirement statement HSCG89-09-R-6RB999 dated December 8, 2008; USCG Sector Portland currently has 130 reserve personnel assigned. The known average numbers of personnel drilling per week / month are:

First weekend – Nine (09)

Second weekend – Fifty-One (51)

Third weekend – Forty-Six (46)

Fourth weekend – Twenty-Three (23)

Average Monthly Total = 129

BASE PERIOD: 01 FEBRUARY 2009 THROUGH 30 SEPTEMBER 2009

The Contractor shall provide Hotel Accommodations for eligible U.S. Coast Guard Reserve Personnel performing Inactive Duty for Training Drills. The services shall be in accordance with Attachment A, Performance Requirement Statement. Lodging Rates must be the Joint Travel Regulation (JTR) Per Diem Rate or lower for the Portland, Swan Island, Oregon Areas.

Estimated

Item

Price per

Max Annual

Total Price

No.

Description

Room Type

Requirement 0001A

Single room

65 Ea x 12 Mo

0001B

Double room

65 Ea x 12 Mo

TOTAL BASE PERIOD CLINS 0001A AND 0001B

OPTION YEAR #1: 1 OCTOBER 2009 THROUGH 30 SEPTEMBER 2010

Total Price

No.

Description

Room Type

Requirement 1001A

Single room

1001B

65 Ea x 12 Mo

TOTAL BASE PERIOD CLINS 1001A AND 1001B

OPTION YEAR #2: 1 OCTOBER 2010 THROUGH 30 SEPTEMBER 2011

Total Price

No.

Description

Room Type

Requirement 2001A

Single room

2001B

65 Ea x 12 Mo

TOTAL BASE PERIOD CLINS 2001A AND 2001B

OPTION YEAR #3: 1 OCTOBER 2011 THROUGH 30 SEPTEMBER 2012

Total Price

No.

Description

Room Type

Requirement 3001A

Single room

3001B

65 Ea x 12 Mo

TOTAL BASE PERIOD CLINS 3001A AND 3001B

OPTION YEAR #4: 1 OCTOBER 2012 THROUGH 30 SEPTEMBER 2013

Total Price

No.

Description

Room Type

Requirement 4001A

Single room

4001B

65 Ea x 12 Mo

TOTAL BASE PERIOD CLINS 4001A AND 4001B

PRICING SUMMARY

Total Base Period

Total Option Year 1

Total Option Year 2

Total Option Year 3

Total Option Year 4

Grand Total Items 0001A through 4001B

II. ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions – Commercial Items (OCT 2008), BY REFERENCE (See SF1449, Block 27a):

1. Paragraph (a) Inspection/Acceptance: In addition to the remedies outlined in this clause, if the Contractor fails to correct the unacceptable conditions, the Government reserves the right to deduct the amount of the value of the unacceptable services consistent with the Performance Requirement Summary, Attachment B.

2. Paragraph (g), Invoice: In addition to the requirements outlined in this clause, the Contractor shall submit not more than one (1) invoice at the conclusion of services performed for each individual month. The original invoice and one (1) copy of each invoice shall be forwarded to the following addresses:

Original:

Contracting Officer (fcp-1) Copy:

Commanding Officer

Maintenance & Logistics Command Pacific U.S Coast Guard Sector Portland

Coast Guard Island, Bldg 54C 6767 North Basin Avenue

Attn: Jocelyn Brox-Chester Portland, OR 97217

Alameda, CA 94501-5100 Attn: TBD Inquiries regarding payment must be directed to the Customer Service Representative, Chesapeake, VA at 804/523-6940 or email cscall@fincen.uscg.mil.

The Coast Guard began making payments using the Central Contractor Registration (CCR) System run by the Department of Defense. In order to receive payment, Contractors must be registered in this System. For more information on CCR, and to register online, Contractors may visit the CCR website at www.ccr.dlsc.dla.mil. The Data Universal Numbering System (DUNS) number is the primary identifier in the CCR. Therefore, to facilitate payment, it is in the Contractor’s best interest to ensure the DUNS number is recorded on every invoice submitted t the U.S. Coast Guard for payment.

3. Paragraph (p) LIMITATION OF LIABILITY is replaced by the following: The Contractor shall be liable for and shall at all times defend, indemnify and hold harmless the Government, its officers, enlisted personnel, agents and employees from and against any and all loss, damage or injury, including property damage, personal injury and death, which may be sustained by any person or persons, whether they be employees, agents or representatives of the parties hereto, or third persons, as a result of the Contractor’s performance of this contract. The Contractor also shall be liable for and shall at all times defend, indemnify and hold harmless the government, its officers, enlisted personnel, agents and employees from and against any and all public or private environmental claims or liabilities arising from the Contractor’s performance of this contract; public or private environmental claims or liabilities shall include but not be limited to civil and criminal penalties, natural resource damages, response costs, cleanup and remediation, damage to government and third party property, and any other third party liability.

In the event any such claim or demand is made upon the Government, its officers, enlisted personnel, agents or employees, or in the event any suit therefore is instituted, the Government shall give immediate notice of such claim or suit to the Contractor and will refrain from any payment or demand with respect to such claim or suit without first allowing the Contractor a reasonable opportunity to resolve the claim. The Contractor’s liability under this clause shall include reimbursement to the Government, its officers, enlisted personnel, agents and employees for any judgments, payments or litigation expenses occasioned to them in connection with claims, demands or suits of which notice has been given by the Government.

The Contractor releases the Government, its officers, enlisted personnel, agents and employees from any liability for any loss, damage or injury, which may be sustained by the Contractor in the performance of this contract.

Notwithstanding any other provisions of this clause, the Contractor shall not be liable for or required to defend, indemnify, hold harmless or release the Government, its officers, enlisted personnel, agents and employees for any judgments, payments or expenses arising out of and to the extent of the gross negligence, willful misconduct or criminal acts of the Government, its officers, enlisted personnel, agents or employees.

III. 52.212-5 Contract Terms and Conditions Required to Implement Statutes DEC 2008 or Executive Orders—Commercial Items.

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

(2) 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) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

_X_ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (4) [Reserved]

___ (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (6)(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_ (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (8)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (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.

_X_ (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (10) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

_X_ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sept 2005) (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.

_X_ (12) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (13) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

_X_ (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)).

_X_ (16) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

_X_ (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (19) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

_X_ (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

_X_ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

_X_ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

_X_ (24)(i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts).

__ (ii) Alternate I (Aug 2007) of 52.222-50.

__ (25)(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)).

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

__ (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (27)(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.

__ (28) 52.225-1, Buy American Act—Supplies (June 2003) (41 U.S.C. 10a-10d).

__ (29)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (30) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (31) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (34) 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)).

__ (35) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (36) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (37) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (38) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

__ (39) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (40)(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.).

The following is for information only, it is not a wage determination.

Employee Class Grade Monetary Wage Fringe Benefits __ (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) (Nov 2006) (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 (Feb 2002) (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 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007) (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 (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

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

(vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

(viii) 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.).

(ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(x) 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)

Alternate I (Feb 2000). As prescribed in 12.301(b)(4), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause.”

IV. HSAR 3052.209-70 (48 CFR Chapter 30) PROHIBITION ON CONTRACTS WITH CORPORATE EX-PATRIATES (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 the acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, 6 U.S.C. 395(b)(1).

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

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

(d) Special Rule for Related Partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73;

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

V. 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):

1. Federal Acquisition Regulation (FAR): http://www.arnet.gov/far/

2. Department of Homeland Security: http://www.dhs.gov/interweb/assetlibrary/DHS_HSAR_DEC_2003.pdf

1. FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 06)

2. FAR 52.216 ORDERING (OCT 1995)

(a) 1 February 2009 through 30 September 2009 1 October 2009 through 30 September 2010 1 October 2010 through 30 September 2011 1 October 2011 through 30 September 2012 1 October 2012 through 30 September 2013

3. FAR 52.216 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order 1 room 2 days lodging

(b) Maximum order:

(1) $ 25,000.00

(2) $50,000.00

(3) 20 calendar days

(d) 5 calendar days

4. 52.216-21

REQUIREMENTS (OCT 1995)

(f) 30 September of each year

5. FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

(a) within _10_ calendar days prior to expiration of the contract.

6. FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) within 25 days of expiration of the contract; and extend at least 60 days before the contract expires.

(c) shall not exceed five years.

7. FAR 52.232-18 Availability of Funds. (Apr 1984)

8. FAR 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

VI. THE FOLLOWING HOMELAND SECURITY ACQUISITION REGULATION CLAUSES ARE INCORPORATED BY REFERENCE:

3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract (DEC 2003)

3052.222-90 local hire (USCG) (JUN 2006)

3052.223-90 Accident and Fire Reporting (DEC 2003)

3052.242-71 dissemination of contract information (dec 2003)

3052.242-72 Contracting Officer’s Technical Representative (DEC 2003)

VII. GENERAL CLAUSES AND TERMS AND CONDITONS:

1. CONTRACT ADMINISTRATION: The Contracting Officer or the authorized representative located at the Maintenance and Logistics Command Pacific (fcp-1), Coast Guard Island, Bldg. 54C, Alameda, CA 94501-5100, telephone number (510) 437-5913 will be the Contract Administrator for this contract.

2. EXERCISE OF OPTION(S): The Coast Guard may unilaterally exercise its option(s) to extend the period of performance under this contract under FAR 52.217-9, Option to Extend Term of Contract, or exercise its option(s) for continuing performance for any service under FAR 52.217-8, Option to Extend Services. Exercise of option(s) may be subject to the Availability of Funds clause, FAR 52.232-18.

3. PLACE OF PERFORMANCE: The Contractor shall provide the services required by this contract at their facilities. The Contractor’s Facility must be within a 5 mile radius of Swan Island, Oregon.

4. PERIOD OF PERFORMANCE:

CLINS 0001A thru 4001B:

Base Period: 1 February 2009 – 30 September 2009

Option Year 1: 1 October 2009 – 30 September 2010

Option Year 2: 1 October 2010 – 30 September 2011

Option Year 3: 1 October 2011 – 30 September 2012

Option Year 4: 1 October 2012 – 30 September 2013

5. REPORTS AND WRITTEN DELIVERABLES: The Contractor shall submit all reports and written deliverables as specified herein.

6. LICENSES AND PERMITS: The Contractor shall be responsible for obtaining any necessary licenses and permits, giving all notice and complying with any applicable federal, state, and municipal laws, codes, ordinances, and regulations in connection with the business carried on under this contract.

7. OTHER GOVERNMENT CONTRACTS OR AGREEMENTS:

The Government may undertake, award, or obtain or enter into, other contracts or agreements for the purpose of augmenting these services. The Contractor shall cooperate fully with such other Contractors, augmentees and Government employees. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other Contractor, augmentee, or Government employees, or with the proper execution of Government business.

8. MODIFICATION PROPOSALS - PRICE BREAKDOWN

The Contractor, in connection with any proposal submitted for a contract modification, shall furnish a price breakdown, itemized as required by the Contracting Officer. Unless otherwise directed, the breakdown shall be in sufficient detail to permit an analysis of all material, labor, equipment and all other costs. The proposal shall cover all work involved in the modification, whether such work was deleted, added or changed. Any item claimed for subcontracts shall be supported by a similar price breakdown. In addition, if the proposal includes a time extension, a justification therefore shall also be furnished. The proposal, together with the price breakdown and time extension justification, shall be furnished by the date specified by the Contracting Officer.

9. CONTRACTOR PERFORMANCE EVALUATIONS

a. In accordance with FAR Subpart 42.15, Contractor Performance Information, the contractor's performance will be evaluated throughout the contract period. The results will be compiled and reported in a Contractor Performance Report for use by this agency and other government agencies for future source selection decisions. The report will be compiled jointly by the Contracting Officer's Technical Representative (COTR) and the Contracting Officer. The Contracting Officer will forward the report to the contractor for comments. In the case of a contract with option years, an interim report will be completed.

b. The areas to be evaluated are: 1) Quality of Product or Service; 2) Business Relations; 3) Timeliness; and, 4) Meeting SDB Subcontracting Requirements.

c. Each area will be evaluated using the following scale: Excellent, Good, Fair,, Poor and Unsatisfactory.

d. The National Institute of Health (NIH) Contractor Performance System (CPS) shall be used for all performance evaluations. Copies of the reports will be maintained either in the CPS or in hard copy in the official contract file. At this time the CPS does not currently contain an electronic means to retain the level above the Contracting Officer’s review. Therefore, a hard copy of that review will be maintained in the official contract file.

e. The results of the report will be provided to the contractor who will be given a period to thirty (30) days to review and provide comments. All comments will be considered by the Contracting Officer and reviewed in accordance with FAR 42.1503. The report will be marked "Source Selection Information" and safeguarded ‘for official use only’ in accordance with Federal Acquisition Regulation Part 3.104. Since there is a limitation of 2000 characters for each area evaluated, there may be an occasion that all evaluations and comments be manually addressed and maintained in the official contract file. If this is the case, each area will be annotated to contact the cognizant Contracting Officer for all evaluation documentation.

Contractors are highly encouraged to register with the NIH. Registration may be accomplished on-line at https://cpscontractor.nih.gov/. By registering the contractor will receive timely notice of government inputs into the database and the opportunity to respond on-line to all government comments.

10. DELIVERY ORDERS:

1. Delivery Orders shall be placed by a Contracting Officer at USCG Sector Portland located at 6767 North Basin Avenue, Portland, Oregon not exceeding $2,500.00.

2. The Contracting Officer at U. S. Coast Guard Integrated Support Command, 1519 Alaskan Way, South, Seattle, Washington, will place all orders exceeding $2,500.00 but will not exceed $25,000.00.

3. The Contracting Officer at U. S. Coast Guard Maintenance and Logistics Command Pacific (MLCPAC) (fcp), located at Coast Guard Island, Building 54C, Alameda, California 94501-5100, will place all orders exceeding the limitations of $25,000.00.

4. Delivery Orders placed against the Contract shall be issued on an Optional Form 347, Order for Supplies or Services, and shall contain the following information:

(1) Date of Order

(2) Contract Number and Task Order Number

(3) Item Number and Description

(4) Delivery or Performance Date

(5) Complete Accounting and Appropriation Data, and

(6) Any Other Pertinent Information.

5. Services for emergency lodging may be ordered telephonically. The Contracting Officer will provide a Delivery Order Number at the time of the order and will confirm the order in writing within 5 days.

VIII. LIST OF ATTACHMENTS:

1.

Attachment A, Performance Requirement Statement undated, 9 Pages.

2.

Attachment B, Performance Requirement Summary (PRS), undated, 2 Pages.

IX. ADDENDA TO FAR PROVISION 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN 2006):

1. The offeror must complete and return the original solicitation documents, in particular, the following: (a) Standard Form 1449, (sign and date blocks 30.a, b., and c.); (b) Addenda to SF-1449, Schedule of Supplies/Services; (c) FAR 52.212-3 ‘Offeror Representations and Certifications – Commercial Items” (fill in appropriate blocks). No Internet or facsimile offers are authorized. All Offerors must be registered with the Central Contractors Registry (CCR) per FAR 204-7, Central Contractor Registration. Offerors who are not registered with CCR may be considered nonresponsive and will not be considered in the evaluation.

2. Paragraph (c), Period of acceptance of Offer: 30 calendar days is changed to 60 calendar days.

3. Paragraph (g), The Government intends to award multiple Firm-Fixed Price Requirements Type Contracts. Funds will be obligated on each individual delivery order.

4. Paragraph (j) Data Universal Numbering System (DUNS): Offeror shall insert their DUNS number in Block 17a of the SF-1449.

5. Requirements for Submission of Proposals and Content. Initial proposals must be original and submitted by mail or hand delivery. Facsimiles of initial proposals will not be accepted. Revisions required after the initial proposal may be submitted by facsimile or e-mail. Offerors are required to submit their initial proposals in two separate parts as follows:

a. Part I – Price Proposal:

Complete Standard Form 1449, Blocks 30a, 30b, and 30c; Addendum –Schedule of Supplies/Services, page 2 through 3 of the Solicitation; FAR clause 52.212-3, Offeror’s Representations and Certifications-Commercial Items (JUN 2008). Include the Required Responsibility information. Before the Government can award a contract, it must make a positive determination of the offeror’s responsibility. The following information is to be submitted as part of the Pricing Proposal:

1. Company checking/savings account. Provide the name and address of your financial institution(s), account number(s), and the name, title and telephone number of the individual at those institutions that you have authorized in writing to release information.

2. Names, addresses, and telephone numbers of suppliers, with whom you regularly do business.

3. Letter(s) of credit. Provide copies of all company letters of credit. If none, so state.

4. List other solicitations that are still pending in which your firm is the apparent low or successful offeror or bidder. Discuss how you would handle all such contracts if awarded this contract and other contract(s). Provide any other information you feel may be relevant.

5. Other: Provide any additional information that you feel is relevant to your firm’s responsibility as a potential Government Contractor.

b. Part II – Technical Proposal – Submit Two Copies of Part II

The page limit for Part II is no more than 7 pages. Offeror can provide literature, brochures and any other documents necessary. Pages may be printed or typewritten. Both sides of paper may be used if legible. Each side counts as one page under the limit. Number all pages. Please use a font of 10 or 12. Fold out pages, 11 x 17 –inches are permissible when used for diagrams, charts or graphic material. Single-space the text with margins of 1-inch (right, left, top, bottom).

1. Past Performance: Past Performance will be evaluated using the traveler’s reviews/comments for each potential offeror by using the website www.tripadvisor.com/hotles.

2. Crime Rate Area: Crime Stats and Statistics will be evaluated using the Portland Police web at http://www.portlandonline.com/police/index.cfm

3. Hotel Ratings: The potential offeror’s ratings will be evaluated based on the website at www.tripadvisor.com/hotels.

X. FAR 52.212-2

EVALUATION – COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award multiple contracts resulting from this solicitation to the responsible offerors conforming to the solicitation will be more advantageous to the Government, price and other factors considered. Offerors are reminded that the Government intends to evaluate and award without discussions, thus, initial proposals should contain the offeror’s best terms from a price and technical standpoint.

The following factors shall be used to evaluate offers:

1. Price – Price will be evaluated in accordance with FAR 15.4.

2. Past Performance – will be evaluated based on the highly rated traveler’s reviews

3. Crime Rate Area – will be evaluated based on the lowest Portland Crime Statistics

4. Hotel Ratings will be evaluated for three star ratings or higher.

(b) Proposals that are unrealistic in terms of price will be deemed reflective of an inherent lack of technical competence or indicative of a failure to comprehend the complexity and risk of the proposed contract. Such proposals may be rejected as unacceptable without further discussion. In addition, the Government reserves the right to eliminate from consideration those proposals so deficient in information as to require a major re-write or revision in order to become acceptable.

(c) Basis for Award: The Government intends to award multiple Indefinte Delivery / Indefinte Quantity Requirements Type contracts resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

(d) Past Performance, Crime Rate and Hotel Ratings are of equal importance. Past Performance, Crime Rate and Hotel Ratings when combined are approximately equal to price in determining which proposal offers the best value to the Government.

(e) Options: The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(f) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

XI. 52.212-3 Offeror Representations and Certifications—Commercial Items. JUN 2008

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

(a) Definitions. As used in this provision—

“Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(1) Whose management and daily business operations are controlled by one or more women.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (m) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it __ is, __ is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it __ is,__ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it __ is, __ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it o is, o is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o is, o is not a women-owned small business concern.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it __ is a women-owned business concern.

(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.]

(i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it o is, o is not an emerging small business.

(ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows:

(A) Offeror’s number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror’s average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

(9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It __ is, __ is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It __ has, __ has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern…