V--HOPTEL PROGRAM- STANDROOM RATES
Department of Veterans Affairs, Charleston VAMC | Published October 29, 2015 - Deadline November 10, 2015
This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
(ii) The solicitation number is VA247-16-Q-0045 and is issued as a Request for Quotation (RFQ)
(iii) The provisions and clauses incorporated into this solicitation document are those in effect through Federal Acquisition Circular 2005-52, November 2, 2011. Provisions and clauses incorporated by reference have the same force and effect as if they were given in full text. The full text of the Federal Acquisition Regulations (FAR) and Veterans Affairs Acquisition Regulations supplement (VAAR) can be accessed on the Internet at http://www.arnet.gov/far (FAR) and http://vaww.appc1.va.gov/oamm/vaar (VAAR)
(iv) This solicitation is issued as a total Small Business set aside. The North American Industry Classification System (NAICS) code is 721110 and the size standard is $32.5 million.
(v) This requirement is for one year.
Period of Performance: 12/01/2015-11/30/2016
Item Description Est Unit of Unit Total Qty Measures Price Price
001 STANDARD ROOM RATE 5020 EA $______ $______
(rate of each room)
GRAND SUM TOTAL $___________
(vi) The following is a detailed description of the requirements for this solicitation:
Ralph H. Johnson VA Medical Center
STATEMENT OF WORK
1. GENERAL: The Hoptel Program has been designed to reduce Government spending and duplication of efforts in administrative support services. The Ralph H. Johnson Hoptel Program realizes significant savings through partnering, standardization, streamlining, prudent acquisition strategies, reorganization, economies of scale, or consolidation, and an overall sound business approach to the delivery of products and services. As of today, the Ralph H. Johnson Hoptel Program provides more than 290 hotel rooms per month to Veterans that meet the criteria standards in Medical Center's CPM 136-14-04
2. BACKGROUND: The Department of Veterans Affairs (VA) is mandated to establish a program for providing temporary lodging under section 221(a) of the Veterans benefits and health Care Improvement Act of 2000 (Public Law 106-419). These statutory provisions regarding temporary lodging have been codified as Title 38 United States Code (U.S.C.) 1708 and are administered by VHA. Statutory provisions allow VA to use appropriated funds for temporary lodging or hoptel services, including non-VA facilities (i.e. motels, hotels, etc.). NOTE: Federal Regulations on temporary lodging were published on February 21, 2014.
3. PERIOD OF PERFORMANCE: 12/01/2015-11/30/2016
4. PLACE OF PERFORMANCE: Charleston County, Charleston, SC
5. DAYS AND HOURS OF OPERATION: Five days a week, check in time will be between 3pm and 7pm daily. Veterans arriving after 7pm will be required to call in advance to keep their room open.
6. PERFORMANCE REQUIREMENTS:
1. The Contractor shall furnish rooms to the VA beneficiaries authorized by the Ralph H. Johnson VAMC. The Contractor shall furnish all standard supplies/services included as the minimum room requirements. These rooms will be used on a short-term basis for the VA Hoptel Program. Availability of 20 rooms times 251 days on a year (5020 rooms)
2. Hotel cleanliness will be required to meet specific minimum standards to include washing all bedding including comforters daily, room will be free of mildew/mold and non-smoking rooms will be smoke free. Standard items in the room will be maintained and in good repair. Carpet will be visibly clean and free of stains. The facilities outside of the rooms, including hallways, entry ways and grounds should also be clean and in good repair. The interior facilities should be free of pests. Additionally, the hotel will provide a safe and secure environment for the Veterans, including door locks that function properly and video surveillance of the common areas.
3. HVAC units should be clean and well maintained.
4. Repairs need to be made to items owned by the Hotel/Motel in a timely manner. Items that can be repaired/replaced on site (i.e. furniture) should be repaired/replaced immediately. Items that need parts ordered or specialty service should be removed from the room as practical (example: it is not practical to remove damaged countertops) and repaired as soon as parts/services are available.
5. Visible signage in rooms specifying costs for certain incidents such as the removal of hotel/motel property (i.e. pillows and towels) and charges for smoking in non-smoking rooms.
6. It is preferred that the hotel has one of the following quality ratings:
o First class or higher per the Official Hotel Guide;
o Three crowns or higher per the OAG Business Travel Planner;
o Three diamonds or higher per AAA; or
o Three stars or higher per the Forbes Travel Guide.
7. The hotel shall be compliant with the Hotel and Motel Fire Safety Act of 1990 15 U.S.C. 2201 et seq, (Public Law 101-391), and must hold a FEMA certification number. The hotel shall be compliant with Americans w/Disabilities Act, 42 U.S.C. Section 12101 et seq. (ADA). Additionally, the hotel shall abide by all state and federal regulations that govern the proper operation of such an establishment.
8. Rooms will include at a minimum a microwave or kitchenette, miniature refrigerator, coffee pot, television and telephone.
9. Maintain environmental reports from annual inspections with incidental inspections occurring upon discrepancy. Pest control inspection reports showing that there are no issues with pests on the premises. Pest control shall include bed bugs, cockroaches, terminates, ants, rodents, flies, mosquitoes, fleas, spiders, wildfire, ticks, beetles, gnats, silverfish, earwigs, stinging pests, stink bugs, millipedes, weevils, fruit flies, and mites. Additionally, the hotel must maintain all other inspection reports as required by state and federal laws and regulations for such an establishment.
10. Provide complimentary standard personal care items in all rooms, additional items (i.e. tooth brush, tooth paste, razors, deodorant, body soap and shampoo) available upon request free of charge. ALL extra amenities will be the responsibility of the patient (i.e. room service, pay-per view movies, etc.) local calls available at no cost.
11. Provide a hot breakfast/continental breakfast free of charge.
12. Provide concierge service to assist older or handicapped patients.
13. Provide free Wi-Fi and Wi-Fi access free of charge.
14. The hotel must not be above complaint thresholds stated in the Quality Assurance Surveillance Plan for more than three (3) consecutive months.
15. Daily stay reports for all Veterans that stayed the prior night should be submitted to the COR by 10am on the next business day via email.
16. The C&A requirements do not apply, and a Security Accreditation Package is not required
17. Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.
18. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.
19. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).
20. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.
21. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.
22. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.
23. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.
24. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.
25. The term "security incident" means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.
26. To the extent known by the contractor/subcontractor, the contractor/subcontractor's notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.
27. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.
28. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.
a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.
b. The contractor/subcontractor shall provide notice to VA of a "security incident" as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.
c. Each risk analysis shall address all relevant information concerning the data breach, including the following:
(1) Nature of the event (loss, theft, unauthorized access);
(2) Description of the event, including:
(a) date of occurrence;
(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;
(3) Number of individuals affected or potentially affected;
(4) Names of individuals or groups affected or potentially affected;
(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;
(6) Amount of time the data has been out of VA control;
(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);
(8) Known misuses of data containing sensitive personal information, if any;
(9) Assessment of the potential harm to the affected individuals;
(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and
(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.
d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:
(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;
(3) Data breach analysis;
(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;
(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and
(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.
e. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:
(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;
(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;
(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and
(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document - e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]
f. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.
29. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.
30. The establishment must be within 15 miles of the Ralph H. Johnson VAMC, 109 Bee Street,
Charleston SC 29401.
7. INVOICES: The Contractor will furnish with invoice signed documented proof that services have been rendered in accordance with this contract. Room charges are only for actual room use (Contractor shall not bill the Government for no-show even if prior notification has not been received). Invoices shall be submitted monthly in arrears. Invoices shall not exceed the authorized contract rate. Invoices for room rates shall not include tax, as the Federal Government is tax exempt.
All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
Department of Veterans Affairs
Financial Services Center
PO Box 149971
Austin TX 78714-9971
Vendor e-Invoice Set-Up Information: Vendor shall contact OB10 at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have questions about the e-invoicing program or OB10, please contact the FSC at the phone number or email address listed below:
OB10 e-Invoice setup information: 877-489-6135 email: VA.Registration@ob10.com
FSC e-Invoice Contact Information: 877-353-9791 email: firstname.lastname@example.org
8. Payment: All payments by the Government to the contractor will be made in accordance with FAR 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management. Payment will be made monthly in arrears upon receipt of a properly prepared invoice. Payment shall be rendered for actual room charges only (Contractor shall not billed the Government for no-show even if prior notification has not been received). Payment for actual used room shall not include tax, as the Federal Government is tax exempt.
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(vii) The estimated Performance Period is 12/01/2015-11/30/2016.
(viii) 52.212-1 Instructions to Offerors - commercial Items, apply to this solicitation with the following addendum, FAR 52.216-18 Ordering; VAAR 852.236-76 Correspondence; VAAR 852.237-70 Contractor Responsibilities; VAAR 852.270-1 Representatives of Contracting Officers; VAAR 852.273-70 Late offers.
(ix) 52.212-2, Evaluation - Commercial Items: FAR provision 52.212-2 applies to this solicitation. The Government anticipates awarding a single contract resulting from this solicitation to the lowest priced technically acceptable offer that conforms to all solicitation requirements. Award without discussions is contemplated and all offerors are encouraged to submit their best offer with their initial submission. Submitted offers shall not exceed 25 single-sided pages and any pages beyond this amount will be removed and not evaluated. To be considered technically acceptable for award each offeror must provide with their submitted quote/offer:
1. Documentation that confirms that company has the required business licenses/permits/registration to operate a hotel in the State of South Carolina.
2. Documentation that confirms that company has the required business licenses/permits/registration to operate a hotel in the County of Charleston, State of South Carolina.
3. Documentation that confirms that company has the State required insurance coverage and surety bonds to operate a hotel in the State of South Carolina, Charleston County.
4. Documentation that confirms that hotel has pest control services to include but not limited to services for bed bugs, cockroaches, termites, ants, rats & rodents, flied, mosquitoes, fleas, spiders, wildlife, ticks, beetles, gnats, silverfish, earwigs, stinging pests, stink pugs, millipedes, weevils, fruit flies, mites, crickets, bees, kissing bugs, lice, moth, and spiders and the rate in which pest control services are rendered.
5. Documentation of hotel's Certificate of Inspection to include but limited to inspection of fire alarm system, smoke detectors & carbon monoxide detectors and sprinkler systems.
6. Documentation that confirms the company is a registered small business in the System for Award Management (SAM) located https:// www.sam.gov
(End of Evaluation Criteria)
(x) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS- Offeror's are to include a COMPLETED COPY OF PROVISION 52.212-3 WITH THE FAXED AND WRITTEN QUOTE, a copy of the provision may be attained from http://www.arnet.gov/far; if not provided, the offer may not be considered for award. These pages will not be counted against the 25 page limitation of the submitted offer. Alternately, the offeror may submit a statement that their Reps and Certs are visible at SAM.GOV.
(xi) 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS--apply to this solicitation with the following addendum; VAAR 852.203-70 Commercial Advertising, VAAR 852.232-72 Electronic Invoice Submission of Payment Requests.
(xii) 52.212-5 CONTRACTS TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS--the following FAR clauses identified at paragraph b of FAR 52.212.5 are considered checked and are applicable to this acquisition: 52.204-10, 52.209-6, 52.219-8, 52.219-27, 52.219-28, 52.222-3, 52.222-17, 52.222-19, 52.222.21, 52.222-26, 52.222-36, 52.222-39, 52.222-41, 52.222-42, 52.222-43, 52.222-44, 52.222-50, 52.222.55, 52.223-18, 52.225-1, 52.225-13, 52.232-33, 52.232-34. The full text of the referenced FAR clauses may be accessed electronically at https://www.acquisition.gov/far/.
ADDITIONAL CLAUSES AND/OR PROVISIONS
52.203-98, PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (FEB 2015) --(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (FEB 2015) --(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause.
52.209-5 -- CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that --(i) The Offeror and/or any of its Principals --(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation); and (C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and (D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (1) Federal taxes are considered delinquent if both of the following criteria apply: (i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principal," for the purposes of this certification, means an officer; director; owner; partner; or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
52.216-1-- TYPE OF CONTRACT (APR 1984) -- The Government contemplates award of a Firm-Fixed-Price, Requirements contract resulting from this solicitation.
52.219-6 -- NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)--(a) Definition. "Small business concern," as used in this clause, 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 size standards in this solicitation. (b) Applicability. This clause applies only to--(1) Contracts that have been totally set aside or reserved for small business concerns; and (2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).*(c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected. (2) Any award resulting from this solicitation will be made to a small business concern. (d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.
52.222-52-- EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR CERTAIN SERVICES-CERTIFICATION (MAY 2014) -- (a) The offeror shall check the following certification: CERTIFICATION The offeror [ ] does [ ] does not certify that- (1) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (2) The contract services are furnished at prices that are, or are based on, established catalog or market prices. An "established catalog price" is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public. An "established market price" is a current price, established in the usual course of ordinary and usual trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; (3) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (4) The offeror uses the same compensation (wage and fringe benefits) plan for all service employees performing work under the contract as the offeror uses for these employees and for equivalent employees servicing commercial customers. (b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(d)(3) that the Service Contract Labor Standards statute- (1) Will not apply to this offeror, then the Service Contract Labor Standards clause in this solicitation will not be included in any resultant contract to this offeror; or (2) Will apply to this offeror, then the clause at FAR 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements, in this solicitation will not be included in any resultant contract awarded to this offer, and the offeror may be provided an opportunity to submit a new offer on that basis. (c) If the offeror does not certify to the conditions in paragraph (a) of this provision- (1) The clause of this solicitation at 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements, will not be included in any resultant contract to this offeror; and (2) The offeror shall notify the Contracting Officer as soon as possible if the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation. (d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision.
52.233-2 -- SERVICE OF PROTEST (SEP 2006) --(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:
Network Contracting Office 7
Department of Veterans Affairs
Ralph H Johnson VAMC
325 Folly Road, 3rd Floor, STE 300
Charleston, SC 29412
Telephone: (843) 789-6448
Facsimile: (843) 789-6406
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
52.237-1 -- SITE VISIT (APR 1984) --Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.
52.237-3--CONTINUITY OF SERVICES (JAN 1991)--(a) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another contractor, may continue them. The Contractor agrees to (1) furnish phase-in training and (2) exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor. (b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency. (c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor. (d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract.
52.249-4 -- TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (SERVICES) (SHORT FORM) (APR 1984) --The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Government shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination.
52.249-8 -- DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984) -- (a) (1) The Government may, subject to paragraphs (c) and (d) of this clause, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to -- (i) Deliver the supplies or to perform the services within the time specified in this contract or any extension; (ii) Make progress, so as to endanger performance of this contract (but see subparagraph (a)(2) of this clause); or (iii) Perform any of the other provisions of this contract (but see subparagraph (a)(2) of this clause). (2) The Government's right to terminate this contract under subdivisions (a)(1)(ii) and (1)(iii) of this clause, may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the Contracting Officer) after receipt of the notice from the Contracting Officer specifying the failure. (b) If the Government terminates this contract in whole or in part, it may acquire, under the terms and in the manner the Contracting Officer considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the Government for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated. (c) Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor. (d) If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted supplies or services were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. (e) If this contract is terminated for default, the Government may require the Contractor to transfer title and deliver to the Government, as directed by the Contracting Officer, any (1) completed supplies, and (2) partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights (collectively referred to as "manufacturing materials" in this clause) that the Contractor has specifically produced or acquired for the terminated portion of this contract. Upon direction of the Contracting Officer, the Contractor shall also protect and preserve property in its possession in which the Government has an interest. (f) The Government shall pay contract price for completed supplies delivered and accepted. The Contractor and Contracting Officer shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The Government may withhold from these amounts any sum the Contracting Officer determines to be necessary to protect the Government against loss because of outstanding liens or claims of former lien holders. (g) If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Government. (h) The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by law or under this contract.
52.252-2--CLAUSES INCORPORATED BY REFERENCE (FEB 1998)--This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://acquisition.gov/far/index.html or, http://farsite.hill.af.mil/search.htm. These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Dept. of State Acquisition Website at http://www.statebuy.state.gov to see the links to the FAR. You may also use an Internet "search engine" (e.g., Yahoo, Google, Bing, etc.) to obtain the latest location of the most current FAR. FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)-Clause Title and Date: 52.204-9 PERSONAL IDENTIFICATION VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011); 52.222-1 Notice to the Government of Labor Disputes (FEB 1997); 52.228-5 Insurance - Work on a Government Installation (JAN 1997); 52.233-1 Disputes (JUL 2002) Alternate I (DEC 1991); 52.243-1 Changes -- Fixed-Price (AUG 1987); 52.244-6 Subcontracts for Commercial Items (DEC 2010); 52.246-4 INSPECTION OF SERVICES - FIXED PRICE AUG 1996; 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004) Alternate I (APR 1984).
VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) --(a) Any protest filed by an interested party shall: (1) Include the name, address, fax number, and telephone number of the protester; (2) Identify the solicitation and/or contract number; (3) Include an original signed by the protester or the protester's representative and at least one copy; (4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents; (5) Specifically request a ruling of the individual upon whom the protest is served; (6) State the form of relief requested; and (7) Provide all information establishing the timeliness of the protest. (b) Failure to comply with the above may result in dismissal of the protest without further consideration. (c) Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.
VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) --As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW., Washington, DC 20420. The protest will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer.
The Department of Labor Wage Determination applicable to this requirement is: WD 05-2473 (Rev 18) dated 07/14/2015. Descriptions for the occupations for this requirement and determining the appropriate wage determinations are the responsibility of the contractor, and the offeror is encouraged to coordinate with the Department of Labor in order to determine the appropriate job classifications for this requirement. The Agency assumes no responsibility or liability for a contractor's determination of the appropriate classification.
(xiv) The Defense Priorities and Allocations System (DPAS) is not Applicable to this acquisition
(xvi) QUESTIONS: All questions regarding this solicitation need to be electronically submitted (email) no later than November 5th, 2015 at 1:00 pm EST to Janica Francis-Hunter, NCO 7 Contract Specialist e-mail Janica.Francis@va.gov. The solicitation number must be identified on all submitted questions. No questions received after this date will be answered.
(xvii) Site Visit: A site visit is not contemplated at this time.
(xviii) QUOTES/OFFERS ARE DUE November 10th, 2015 at 1:00 pm eastern standard time (EST). Only electronic offers (email) will be accepted. Submit quotes to Janica Francis-Hunter, NCO 7 Contract Specialist e-mail Janica.Francis@va.gov. All offers must include the solicitation number. Quotes/offers received after this date may not be considered for award. Please include the following information in your email subject line: "HOPTEL-STANDARD ROOMS".
(xvii) Contact information
Contracting Office Address:
Network Contracting Office 7-SAO EAST
Department of Veterans Affairs (90C)
109 Bee Street
Charleston, SC 29401
Place of Performance: TBD
Charleston County, State of South Carolina
Primary Point of Contact:
Janica Francis-Hunter, Contracting Specialist