MODIFICATION
V -- Lodging for CBP Students
- Notice Date
- 10/18/2006
- Notice Type
- Modification
- NAICS
- 721110
— Hotels (except Casino Hotels) and Motels
- Contracting Office
- Department of Homeland Security, Customs and Border Protection, National Acquisition Center, Intech Two, Suite 100 6650 Telecom Drive, Indianapolis, IN, 46278
- ZIP Code
- 46278
- Solicitation Number
- HSBP1107RFQ001
- Response Due
- 11/2/2006
- Archive Date
- 11/17/2006
- Point of Contact
- Susan Hargett-Evans, Contract Specialist, Phone 317-614-4930, Fax 317-298-1344, - Susan Hargett-Evans, Contract Specialist, Phone 317-614-4930, Fax 317-298-1344,
- E-Mail Address
-
susan.hargett-evans@dhs.gov, susan.hargett-evans@dhs.gov
- Description
- THIS MODIFICATION TO THE COMBINED SYNOPSIS/SOLICITAITON INCORPORATES THE FOLLOWING CLAUSES INTO THE SOLICITATION: I.2 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 January 2007 through May 2007. (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] I.3 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 36 students 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 144 students (2) Any order for a combination of items in excess of 144 students or (3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section. I.3 52.216-19 ORDER LIMITATIONS (OCT 1995) (CONTINUED) (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 15 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] I.4 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 the five (5) year period plus 45 days. [End of Clause] THIS IS THE END OF THE ADDITIONAL CLAUSES ADDED WITH THIS MODIFICATION. ***************************************************************** This is a combined synopsis/solicitation for commercial items (hotel rooms and services) prepared in accordance with the format described in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation that will be released. Proposals are being requested and a written solicitation will not be issued. The solicitation number is HSBP1107RFQ001 is issued as a Request for Quotation (RFQ) and incorporates provisions and clauses that are in effect through Federal Acquisition Circular (FAC) 2005-13. This solicitation is being issued as a Request for Quotation and will be posted at Fed Biz Opps (http://www.fedbizopps.gov) electronically on or about 17 October 2006. Once the solicitation is posted, it is incumbent upon the interested parties to review this site frequently for any updates/amendments to any and all documents. This requirement is solicited as a Full and Open Competition solicitation. The NAICS code is 721110 with a size standard of $5 million. Contractors are required to identify their company's business size even though unrestricted via their representations and certifications. Services performed for: Customs and Border Protection Agricultural Specialist trainees. Individual classes 705-708 are scheduled as follows: Period of Performance Class: Dates: CBPAS-0705, January 10, 2007 through March 30, 2007 CBPAS-0706 January 31, 2007 through April 9, 2007 CBPAS-0707 March 1, 2007 through May 3, 2007 CBPAS-0708 March 20, 2007 through May 22, 2007 64 Nights x 36 Students x 4 Classes Classes will conducted at USDA-APHIS, Professional Development Center, 69 Thomas Johnson Drive, Frederick Maryland 21702. This requirement will be evaluated based on the Federal Acquisition Regulation (FAR) 15.101-2, lowest price technically acceptable source selection process. It is imperative that the proposals meet the minimally acceptable criteria established below to be considered for award: The proposed services are listed as follows: 1.0 DESCRIPTION OF TASKS AND DELIVERABLES 1.1 Lodging shall be provided no further than ten miles from the Professional Development Center. 1.1.1 Students shall be housed in the same facility with all members of their specific class in single occupancy rooms. When multiple classes overlap and accommodations cannot be provided at one location, multiple lodging facilities may be proposed. Proposed locations shall be within a one mile radius. 1.2 Each facility proposed shall provide a dedicated study room for students with Internet access. The room shall be at least 200 square feet to accommodate multiple study groups. 1.3 Exercise facilities to be available at lodging location at no charge to students. 1.4 Laundry facilities (washer/dryer) shall be located at each lodging location. 1.5 A microwave and refrigerator shall be provided in each room at no charge to the students. 1.6 Restaurants shall be located within one mile of facility location. 1.7 Shopping/entertainment shall be located within one mile of facility location. 1.8 A convenience store/grocery shall be located within one mile of facility location. 1.9 Dedicated parking for 6-8 Government vehicles shall be provided. 1.10 The Hotel and Motel Safety Act of 1990 mandates that federal employees stay in public accommodations that adhere to safety requirements in the legislation guideline. Facility shall meet the requirement and be listed on the Federal Emergency Management Agency U.S. Fire Administration Website at www.usfa.dhs.gov/applications/hotel/ 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 addresses: http://www.acqnet.gov HSAR Provisions incorporated by reference: 52.204-7 Central Contractor Registration (OCT 2003) 52.212-1 Instructions to Offerors-Commercial are applicable to this requirement. Evaluation procedures described below. 52.212-3 Offeror Representations and Certifications-Commercial Items should be submitted with the Contractor?s responses/quotes. 52.212-4 Contract Terms and conditions applies to this requirement with the following addendum: 52.222-21 Prohibition of Segregated Facilities (FEB 1999); 52.22-26 Equal Opportunity (APR 2002); 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Viet Nam Era and other Eligible Veterans (DEC 2001) (38 U.S.C. 4212); 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793); 52.222-37, Emplyment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) (38U.S.C. 4212); 52.225-1 Buy American Act Supplies (JUN 2003) (41 U.S.C. 10a-10d); 52.225-13 Restrictions on Certain Foreign Purchases (OCT 2003); 52.225-15 Sanctioned European Union country End Products (FEB 2000) (E.O. 12849); 52.225-16 Sanctioned European Union Country End Products (FEB 2000) (E.O. 12849); 52.232-1 Payments (APR 1984) Discounts for Prompt Payment (FEB 2002) 52.232-29 Terms of Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 2307(f)); 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 225(f), 10 U.S.C. 2307(f)); 52.232-33 Payment by Electronic Funds Transfer?Central Contractor Registration; 52.233-1 Disputes (JUL 2002) 52.243-1 Changes-Fixed Price Alternate II (APR 1984) F.O.B. Destination (NOV 1991) Termination for Convenience of the Government (Fixed Price) (Short Form) (APR 1984) . The Service Contract Act of 1965 as amended applies to this requirement. Quotes shall incorporate the minimum wage service staff for Frederick, Maryland County of Frederick per hour per Department of Labor Wage Determination Number 1995-0819 Rev. 19 Dated 05/24/2006. Incorporated by reference into this solicitation are the following Service Contract Act clauses; 52.222-41 Service Contract Act of 1965, as Amended (JUL 2005 (41 U.S.C. 351, et seq.); 52.222-42 Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.) HSAR 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 the acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan Deemed In Certain Cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain Transfers Disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special Rule for Related Partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (iii) contracts to acquire stock; (iv) convertible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. (End of provision) Quotes are due by 3:00 p.m. Eastern Standard Time on November 2, 2006. Facsimile Quotes are acceptable to 317-298-1244, attn: Susan Hargett-Evans. Telephone contact: 317 614 4930. E-mail quotes are acceptable to: Susan.Evans@dhs.gov Place of Performance: Frederick, MD 94080
- Place of Performance
- Address: Frederick, MD
- Zip Code: 94080
- Country: UNITED STATES
- Zip Code: 94080
- Record
- SN01167102-W 20061020/061018220205 (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
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