solicitation_package_with_attachments.pdf

Federal Law Enforcement Training Center Off Center Lodging

HSFLGL-15-B-00003

Section A - Notes to Offerors Section B - Pricing Section C - Contract Clauses Section D - Documents Attachments Section E - Provisions

Section A - Notes to Offerors

COMBINED SYNOPSIS/SOLICITATION: OFF CENTER LODGING SERVICES,

FLETC, GLYNCO, GA

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

This commercial item acquisition will be full and open competition with a geographical restriction. The associated North American Industry Classification System (NAICS) code is 721110. This acquisition may result in multiple awards.

System for Award Management. By submission of a bid, the bidder acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the bidder does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered bidder. Bidders may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.sam.gov.

This is a 100% full and open competition with geographical area restrictions for an area within thirteen (13) miles from the Federal Law Enforcement Training Center (FLETC) Front Gate. The address for the front gate is 1131 Chapel Crossing Road, Glynco (Brunswick), Georgia. No hotel/motel will be considered for an award if the hotel/motel complex is outside of the (13) mile restriction mentioned above.

Services are for Off Center Lodging as detailed in the Performance Works Statement (PWS) found in SECTION D.

This solicitation will be a two Step Seal Bid as ouline in Federal Acquisition Regulation (FAR) Subpart 14.5. Step 1 consisits of the summission of a technical proposal as outlined in SECTION E. Failure to comply with the terms and conditions listed in SECTION E will cause a bid package to be considered unacceptable and will not be evaluated or considered for an award. No pricing is to be submitted at this Step. Step 2 consists of submission of sealed prced bids by only those bidders who submitted acceptable technical proposals in Step 1.

All questions concerning this acquisition must be submitted by April 21, 2015.

Questions will be answered via an amendment posted on FedBizOp. Questions are to be submitted to erin.wofford@dhs.gov.

Acceptance of an award certifies that the firm will comply with FAR 52.222-50, Combating Trafficking in Persons, by notifying all employees and subcontractors at all levels.

Pricing Schedule for each CLINs are detailed in SECTION B. Note: exception to line item structure in Section B may result in a bid not considered for an award.

The period of performance of this contract will be a base period of the date of contract award to January 31, 2016, unless extended through an exercise of option. The contract will contain a base period and four (4) one (1) year 12 month option periods. The Government may unilaterally exercise at its discretion the option periods. The Government shall not exceed a total duration of the contract, including options of 66 months (inclusive of extension authorized under FAR 52.217-8).

In accordance with FAR 16.504, the minimum guarantee for any resultant award(s) will be 24 nights for single occupancy. The maximum limitation for resultant award(s) is listed below under FAR 52.216-19.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-80.

Section B - Pricing

CLIN Description Quantity Unit Unit Price Amount 0001 Base Period - Single

Occupancy in accordance with the attached scope of work.

1 NT

0002 Base Period - Double Occupancy in accordance with the attached scope of work.

1 NT

1001 Option Period 1 - Single Occupancy in accordance with the attached scope of work.

1 NT

1002 Option Period 1 - Double Occupancy in accordance with the attached scope of work.

1 NT

2001 Option Period 2 - Single Occupancy in accordance with the attached scope of work.

1 NT

2002 Option Period 2 - Double Occupancy in accordance with the attached scope of work.

1 NT

3001 Option Period 3 - Single Occupancy in accordance with the attached scope of work.

1 NT

3002 Option Period 3 - Double Occupancy in accordance with the attached scope of work.

1 NT

4001 Option Period 4 - Single Occupancy in accordance with the attached scope of work.

1 NT

4002 Option Period 4 - Double Occupancy in accordance with the attached scope of work.

1 NT

Total Amount for All Line Items:

Section C - Contract Clauses

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far

(End of clause)

52.202-1 Definitions. (NOV 2013)

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (MAY 2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010)

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

52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

52.212-4 Contract Terms and Conditions - Commercial Items. (MAY 2014)

52.215-19 Notification of Ownership Changes. (OCT 1997)

52.219-8 Utilization of Small Business Concerns. (OCT 2014)

52.219-14 Limitations on Subcontracting. (NOV 2011)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (MAY 2008)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011)

52.225-14 Inconsistency between English Version and Translation of Contract. (FEB 2000)

52.227-1 Authorization and Consent. (DEC 2007)

52.229-3 Federal, State, and Local Taxes. (FEB 2013)

52.232-1 Payments. (APR 1984)

52.232-8 Discounts for Prompt Payment. (FEB 2002)

52.232-9 Limitation on Withholding of Payments. (APR 1984)

52.232-11 Extras. (APR 1984)

52.232-17 Interest. (MAY 2014)

52.232-18 Availability of Funds. (APR 1984)

52.232-23 Assignment of Claims. (MAY 2014)

52.233-1 Disputes. (MAY 2014)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

52.242-13 Bankruptcy. (JUL 1995)

52.244-6 Subcontracts for Commercial Items. (MAR 2015)

52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

52.246-25 Limitation of Liability - Services. (FEB 1997)

52.249-8 Default (Fixed-Price Supply and Service). (APR 1984)

52.253-1 Computer Generated Forms. (JAN 1991)

3052.205-70 Advertisements, Publicizing Awards, and Releases. (SEP 2012)

3052.242-72 Contracting officer's technical representative. (DEC 2003)

52.204-1 Approval of Contract. (DEC 1989)

This contract is subject to the written approval of Chief, Glynco Operations Branch and shall not be binding until so approved.

(End of clause)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (MAR 2015)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(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) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

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

_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L.

111-117, section 743 of Div. C).

_X__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite- Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

_X__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) 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).

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (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).

___ (15) (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.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C.

637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (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 (Oct 2014) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C.

637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

_X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C.

4212).

_X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

___ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O.

13627).

___ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (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.)

_X__ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

_X__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

_X__ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

_X__ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (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, 108-77, 108-78, 108-286, 108- 302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (44) 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).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (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 Labor Standards (May 2014) (41 U.S.C.

chapter 67.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29

U.S.C.206 and 41 U.S.C. chapter 67).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-- Requirements (May 2014) (41 U.S.C. chapter 67).

___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C.

chapter 67).

___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.

13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(May 2014) (42 U.S.C. 1792).

_X__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.

5112(p)(1)).

___ (10) 52.222-55, Minimum Wages Under Executive Order 13658 Dec 2014)(Executive Order 13658).

(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)

52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award through January 31, 2020.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1 night for single occupancy per order, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $507,360.00;

(2) Any order for a combination of items in excess of $507,360.00; or

(3) A series of orders from the same ordering office within 60 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section. days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) days days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after May 30, 2020..

(End of clause)

52.217-8 Option to Extend Services. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days..

(End of clause)

52.217-9 Option to Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar daysbefore the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

(End of clause)

52.232-19 Availability of Funds for the Next Fiscal Year. (APR 1984)

Funds are not presently available for performance under this contract beyond September 30, 2015. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30, 2015, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

3052.204-71 Contractor employee access. (SEP 2012)

(a) "Sensitive Information", as used in this clause, means any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Pub. L. 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee);

(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, part 1520, as amended, "Policies and Procedures of Safeguarding and Control of SSI," as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee);

(3) Information designated as "For Official Use Only," which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person's privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and

(4) Any information that is designated "sensitive" or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.

(b) "Information Technology Resources" include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites.

(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All Contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.

(d) The Contracting Officer may require the Contractor to prohibit individuals from working on the contract if the Government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.

(e) Work under this contract may involve access to sensitive information.

Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. For those Contractor employees authorized access to sensitive information, the Contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance.

(f) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.

(End of clause)

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 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 3009.108-7000 through 3009.108- 7003;

[__] it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108- 7003, but it has submitted a request for waiver pursuant to 3009.108-7004, 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 3009.108-7000 through 3009.108- 7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

(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.

(End of Clause)

3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items. (SEP 2012)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: [The Contracting Officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.]

(a) Provisions.

_____3052.209-72 Organizational Conflicts of Interest.

_____3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.

_____3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protege Program.

(b) Clauses.

_____3052.203-70 Instructions for Contractor Disclosure of Violations.

_____3052.204-70 Security Requirements for Unclassified Information Technology Resources.

_____3052.204-71 Contractor Employee Access.

_____Alternate I

_____3052.205-70 Advertisement, Publicizing Awards, and Releases.

_____3052.209-73 Limitation on Future Contracting.

[X] 3052.215-70 Key Personnel or Facilities. (A POC for contract for the Government to contact for contract questions, issues, and room request has to be provided.)

_____3052.216-71 Determination of Award Fee.

_____3052.216-72 Performance Evaluation Plan.

_____3052.216-73 Distribution of Award Fee.

_____3052.217-91 Performance. (USCG)

_____3052.217-92 Inspection and Manner of Doing Work. (USCG)

_____3052.217-93 Subcontracts. (USCG)

_____3052.217-94 Lay Days. (USCG)

_____3052.217-95 Liability and Insurance. (USCG)

_____3052.217-96 Title. (USCG)

_____3052.217-97 Discharge of Liens. (USCG)

_____3052.217-98 Delays. (USCG)

_____3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair.

(USCG)

_____3052.217-100 Guarantee. (USCG)

_____3052.219-70 Small Business Subcontracting Plan Reporting.

_____3052.219-71 DHS Mentor Protege Program.

_____3052.228-70 Insurance.

_____3052.228-90 Notification of Miller Act Payment Bond Protection. (USCG)

_____3052.228-91 Loss of or Damage to Leased Aircraft. (USCG)

_____3052.228-92 Fair Market Value of Aircraft. (USCG)

_____3052.228-93 Risk and Indemnities. (USCG)

_____3052.236-70 Special Provisions for Work at Operating Airports.

_____3052.242-72 Contracting Officer's Technical Representative.

_____3052.247-70 F.o.B. Origin Information.

_____Alternate I

_____Alternate II

_____3052.247-71 F.o.B. Origin Only.

_____3052.247-72 F.o.B. Destination Only.

(End of clause)

Contractor Quality Control

In accordance with FAR 52.246-4, Inspection of Services – Fixed Price, the Contractor shall establish and maintain a complete Quality Control Program (QCP) that is acceptable to the Contracting Officer, to assure the requirements of the contract are provided as specified. This program shall be submitted to the Contracting Officer (CO) ten days after contract award for approval.

GOVERNMENT QUALITY ASSURANCE (QA)

a. In accordance with FAR 52.246-4 “INSPECTION OF SERVICES-FIXED- PRICE,” each phase of the services rendered under this contract is subject to Government inspection during the Contractor’s operations and after completion of the tasks. After each inspection, the Contractor will be advised of any unsatisfactory condition(s) for which he/she is responsible. The Contractor shall correct such deficiencies promptly and, by written report to the Contracting Officer, shall address corrective/preventative actions taken. The Government’s Quality Assurance Surveillance Program is not a substitute for Quality Control by the Contractor.

b. The Contracting Officer’s Representative (COR) may check the Contractor’s performance and document any noncompliance, but only the Contracting Office may take formal action against the Contractor for unsatisfactory performance. The COR will be designated at contract award. A resume of COR duties and authority will be furnished to the Contractor at time of award. The Contractor shall sign an acknowledgement of the COR appointment letter.

c. The COR will investigate and validate all customer complaints. All complaints will be provided to the hotel/motel point of contact. Only complaints that are not in compliance with this contract will count as defects. If the compliant is serious enough to pose a threat to human safety (physical and health); then the person shall be moved to another room without cost to the Government. If the issue cannot be satisfied by moving the person to another room in the hotel/motel, the Government may move the person to another hotel/motel without any cost occurred to the Government. The hotel/motel responsible for the violation maybe responsible for cost incurred if an individual has to be moved to another hotel/motel. If more than two (2) complaints are validated that are not in compliance with this contract, the hotel/motel’s invoice will be deducted by five percent (5%).

Rolling Admission

The Government reserves the right to determine whether it would be appropriate to announce a new competition for the purpose of adding additional IDIQ holders or removing current IDIQ holders. Periodically, the Government will assess the quality of performance by each IDIQ holder and the current trend of the Government’s need. Based on these criteria, if it is in the best interest of the Government, the Contracting Officer may announce a new competition to add additional IDIQ holders or the removal of current IDIQ holders.

Section D - Documents Attachments

1. REQUIREMENTS

1.1 Scope of Work:

a. The contractor shall furnish facilities, supervision, and labor to provide commercial lodging accommodations for students and Government employees that are training at the FLETC.

b. The lodging establishment shall be located within thirteen (13) miles from the FLETC, Glynco, GA. front gate.

c. Rooms at a minimum shall include:

1. Lodging accommodations shall be in compliance with all Federal, state, and local regulations.

2. Bed(s) with linens

A. One (1) King, One (1) Queen or two (2) full double bed(s) to include mattress(es), box spring(s), mattress covers, bedspreads, sheets and pillow cases that are free of dirt, stains, holes, odors, and bedbugs.

3. Bathroom A. Shall contain a working toilet, shower, and tub.

B. Shower curtain or door.

C. Linens for at least a one (1) night stay (i.e. bath towels, washcloths, and hand towels).

D. Paper supplies for at least a one (1) night stay (i.e. toilet paper).

E. Complimentary items for at least a one (1) night stay.

Items are to include but are not limited to soap and shampoo.

F. All areas shall be free of mold, mildew, dirt, stains, and odor.

4. Working sink and a mirror. Sink is to be free of mold, mildew, dirt, stains, and odor. Mirror is to be free of mold, mildew, dirt, stains, and streaks.

5. Working hair dryer.

6. Working iron and ironing board.

7. All windows are to have window dressings (blinds/curtains) that are free of all dirt, dust, mold, mildew, holes, stains, and odor.

8. All walls and flooring are to be free of dirt, dust, mold, mildew, holes, stains, odor, and foreign debris.

9. Working safe in room or a secure area in the hotel to place valuables.

10. Rooms cannot be in any phase of remodeling.

11. Dresser or chest of drawers.

12. Bedside table with lamp.

13. Working color TV with remote control and basic cable/satellite package.

14. Working alarm clock with battery back-up.

15. Closet or cubical space for hanging clothes.

16. Individual climate control in each room for air conditioning and heating to be working and free of dust and mold.

17. Working micro fridge or refrigerator to be clean and free of mildew and mold.

18. Working microwave clean and free of mildew and mold.

19. Housekeeping services to maintain overall room cleanliness; flat surfaces to be free of dust, replace soiled linens, towels, and wash cloths, floors to be vacuumed and free of foreign objects, dirt, dust and odors.

d. Pet fees are the responsibility of the guest rather than the Government.

e. Common areas (lobby, hallways, stairs, and elevators) are to be free of dirt, dust, odors, foreign objects, mold, and mildew.

1.2 Personnel:

Contractor shall: Provide a point of contact (POC) to the Contracting Officer (CO) ten calendar days after award. This POC will be contacted by the Government for questions, request for proposals, contract concerns; and customer complaints. Please note that questions or concerns may occur at night, after hours, and on Federal holidays. More than one (1) POC may be provided.

1.3 Other Requirements:

a. Advertisement/Signage: The Contractor shall not place any signage in public view referencing in any way the Federal Law Enforcement Training Center (FLETC) or the FLETC Students who are lodged on the premises. Any signage for information purposes of the FLETC guests shall be placed in specific rooms being utilized by FLETC guests. The anonymity of FLETC guests shall be maintained at all times. Contractors who knowingly display signage or share information with individuals who do not have a need to know may incur penalties in the form of Contract Discrepancy Reports (CDR’s) and then risk the termination of their contract. Area hotels/motels shall not make reference to the FLETC or its students in any form of advertising (i.e., print media, internet, television, radio, etc.).

b. Security: Contractor shall:

Ensure at all times the personal security, as well as safety of the FLETC students. Periodic checks will be done by the Contracting Officer’s Representative

(COR) on security and safety.

1.4 Pest Control.

a. The Contractor shall provide pest control services for all rooms occupied by Government guests at least once per month and/or when requested by the Government during the duration of the guest’s stay. Notification shall be provided to occupant(s) prior to monthly spraying, and/or after Government request(s) for special spraying has been accomplished. Contractor shall provide a copy of the Pest Control Record to the CO and/or COR upon request.

b. All pest control companies and their employees shall be licensed and certified in accordance with the “Georgia Structural Pest Control Act,” Chapter 620-3.

The Contractor shall use only those pesticides that comply with the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C.135 et seq.) as amended by the Federal Environmental Pesticide Control Act of 1972, Public Law 92-526 (86 Stat. 973).

1.5 Ordering Of Work

a. The Government will compete all delivery orders. When the Government has a requirement for off center lodging, the CO will contact each contractor(s) via email for room availability and prices (If the contractor choses, prices may be discounted from the established contract price for individual delivery orders). This request will include the arrival/departure dates and how many rooms are needed. The contractor(s) shall respond to the CO via an email within 24 hours of receiving the request. The only exception would be emergency situations in which the contractor(s) will have one (1) hour to respond to the CO.

b. After contractor responses are received, the CO will evaluate the responses. All requirements will be competed among all awardee(s) based on availability, performance on the contract, and price. The contractor deemed to provide the best value to the Government will receive the delivery order.

c. Indefinite Quantity Services to be furnished under this contract are to be furnished at such times as ordered by the issuance of delivery orders utilizing an Option Form 347 (Section J Attachment 3). All orders issued hereunder are subject to the terms and conditions of this contract. This contract shall control in the event of conflict with any order. All oral orders will be followed up with a written delivery order within one

(1) working day.

d. Delivery Orders may be modified/ordered by the CO only. Modifications to Delivery Orders will be issued on a Standard Form 30. Delivery Orders may be modified/ordered orally by the CO in emergency circumstances. Oral Modifications will be confirmed by issuance of a written modification on a SF 30 within two (2) working days from the time of the oral communication modifying the order. The CO reserves the right to decrease the number of FLETC guests within the check-in period of the services provided without incurring any penalty or cost for the decrease in the number of rooms indicated on the delivery order.

e. Whenever possible, a two-week advance notice will be provided in the case of cancellations. However, the Government reserves the right to make changes 72 hours in advance without incurring any penalty or cost for CANCELLATION OR RELOCATION of a class of FLETC’s On-Center Lodging (Dorms or Lease Dorms). If cancellations are made due to non-conformance with contract requirements, no notice shall be required and the Contracting Officer will not be liable for additional cost. If the Government cancels after the 72 hour notification window; then the contract may invoice for one (1) night for the amount of rooms ordered.

f. FLETC students shall be allowed early/late check-in and check-out without incurring any penalty or additional cost to the Government.

g. The day after check-in the Contractor shall submit to the COR via email the name(s) of any occupant(s) who has/have checked into the hotel/motel. This information is to be captured on the summary sheet (Section J, Attachment 2). The contractor shall continue to provide updates to the guests check-in and out throughout the scheduled time of the class’s arrival and departure, as well as all room assignment changes, etc. The information provided shall include a confirmation of the number of rooms actually being occupied by FLETC guests. All rooms reserved but not used due to “No Shows” may be released the day after scheduled check in.

h. The Contractor shall notify the COR within 24 hours when a FLETC occupant departs early. If a room is discovered empty by housekeeping or other hotel staff, the hotel/motel is obligated to check with the COR to determine if check-out is required. The hotel/motel will submit an email to indicate early check-out of guests.

Exceptions will be if the COR has previously notified the Contractor of the early departure date.

i. The Government will only pay for the actual nights that occupants were in residence at the hotel/motel. The only exception is when there is a “no show.” Hotels may invoice for “no shows” for one night. “No shows” must be annotated on the summary sheet. Accurate summary sheets signed by the individual occupant(s) at check-in and check-out shall be attached to all invoices. Summary sheets will be compared to the invoice and used to validate each invoice.

j. All communications (verbal and written) must identify the contract number, delivery order number, class name, and class number.

k. In accordance with FAR 16.504, the FLETC’s Task Order and Delivery Order Ombudsman is as listed below:

Marcus L. Hill, Assistant Director Mission and Readiness Support Directorate 1131 Chapel Crossing Road, Building 94

Glynco, Georgia 31524 Phone: 912-267-2231 Email: marcus.hill@fletc.dhs.gov

1.6. LIABILITY

The Government shall not be liable for damages caused by the persons occupying the rooms covered under this contract, or any other expense incurred by these persons other than those prescribed in the provisions of this contract. The Contractor shall be responsible for notifying the COR if damages occur and are found prior to checkout. The Contractor is responsible for obtaining payment from each individual for incidentals such as long distance phone calls, room service, laundry services, damages, any unauthorized guests, etc.

The Government will not be responsible for the cost of any extra-nights lodging incurred by the occupants arriving earlier than the contracted arrival day or departing later than the contracted departure date unless notified and approved by the CO in advance. The Government will not be responsible for additional occupancy charges or fees incurred by the occupant or guests or family of the occupants.

Attachment Number

Attachment Title

Number of Pages

1 Not Used 2 Attachment 2 1 3 Attachment 3 2 4 Attachment 4 2 5 Attachment 5 2

Section E - Provisions

52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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.