SOLICITATION NOTICE
X -- VHA Hotel Services BPA
- Notice Date
- 8/3/2010
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 721110
— Hotels (except Casino Hotels) and Motels
- Contracting Office
- VA Medical Center, Bldg 50;Attn Acquisitions Office;#1 Jefferson Barracks Drive
- ZIP Code
- 00000
- Solicitation Number
- VA77710RP000501
- Response Due
- 8/13/2010
- Archive Date
- 10/12/2010
- Point of Contact
- Adam Hemken
- E-Mail Address
-
ferson
- Small Business Set-Aside
- N/A
- Description
- Blanket Purchase Agreement For Hotel Services In the spirit of the Federal Acquisition Streamlining Act, the Department of Veterans Affairs (VA), Veteran's Health Administration (VHA), Employee Education Services (EES), and (Contractors to be announced) enter into a blanket purchase agreement (BPA). This BPA is established by the authority Federal Acquisition Regulations (FAR) Part. Part 12 and Part 13] in order to obtain hotel services on an as needed basis throughout the Continental United States for conferences, meetings, seminars, and training sessions for the Employee Education Services (EES) but may include other administrations within the Department of Veterans Affairs. Please note this agreement does not include Alaska, Hawaii, or Puerto Rico. The BPA shall further reduce the administrative cost and amount of time required acquiring the hotel services for the VHA. Teaming arrangements are permitted with Federal Supply Schedule contractors in accordance with Federal Acquisition Regulations (FAR) Part 9.6. This BPA will further decrease costs, reduce paperwork and save time by eliminating the need for repetitive, individual purchases from the schedule contract. The end result is to create a purchase mechanism for the Government that works better and costs less. The contractor(s) agree to the following terms of a blanket purchase agreement (BPA) exclusively with the Department of Veterans Affairs (VA), Veterans Health Administration (VHA). (1) The following contract services/products can be ordered under this BPA. All orders placed against this BPA are subject to the terms and conditions of the contract, except as noted below: ITEM (Type of Service)SPECIAL BPA DISCOUNT/PRICE Hotel Service___Specific info to be provided in each order (2) Delivery: DESTINATIONDELIVERY SCHEDULE/DATES (Specific info to be provided in each order) (3) The Government estimates, but does not guarantee, a volume of purchases through this agreement valued at a not to exceed amount of $45,000,000.00. a. Orders issued against this BPA that are less than $2,500 will be will be made in accordance with the Purchase Guideline at FAR 13.202. b. Orders greater than $2500. All other orders, under this agreement, will be issued on a competitive basis (fair opportunity). The government may consider past performance, technical, price or other factors or a combination of factors as described in each order. Offers received may be awarded on low price-technically acceptable, price and past performance or other best value basis. Each order will outline what factors will be considered in determining which offer represents the overall best value to the Government. (4) This BPA does not obligate any funds. Funds will be obligated as individual orders are requested. (5) This BPA expires five years from date of award or when the total BPA has reached its total value as listed in paragraph (3) above, whichever is reached first. The Contracting Officer will conduct, at a minimum, an annual review. The review will include a performance evaluation and expenditure analysis. (6) Orders issued under this agreement will be Firm Fixed Price. (7) The following office(s) is/are hereby authorized to place orders under this BPA: Any office within the Department of Veterans Affairs. (8) Orders will be placed against this BPA via Electronic Data Interchange (EDI), FAX, or paper. (9) Unless otherwise agreed to, all task orders under this BPA must include, at a minimum, the following information: (a) Name of Contractor; (b) Contract Number (IF A GSA SCHEDULE IS USED) (c) BPA Number; (d) Task Order Number; (e) Date of Purchase; (f) Quantity, Unit Price, and Extension of Each Item (g) Description of Services (tasks and deliverables); and (h) Date of Delivery/Shipment (10) The requirements of a proper invoice are specified in Section E of this BPA. Invoices will be submitted to the address specified within the task order issued against this BPA. In the event of an inconsistency between the provisions of this BPA and the contractor's invoice, the provisions of this BPA will take precedence. (11) The terms and conditions included in this BPA apply to all actions awarded against it. A. GENERAL INFORMATION 1. Title of Project: Hotel Services for the Continental United States (CONUS) Blanket Purchase Agreement (BPA) 2. Background/Services Rendered: Assistance is being sought from vendors to provide hotel services on an as needed basis throughout the Continental United States for conferences, meetings, seminars, and training sessions for the Veterans Health Administration (VHA), Employee Education Services (EES), but may include other organizations within the Department of Veterans Affairs (VA), reference Attachment 1 - Instructions to Offerors. Please note this agreement does not include Alaska, Hawaii, or Puerto Rico. VHA will be the primary procurer of such services under this BPA, but other VA organizational elements may participate as well. EES has been acquiring hotel support services by awarding multiple purchase orders annually over the past several years. The following information represents EES conference requirements for Fiscal Year 2009 for estimating purposes only. "100 or more attendees 150 "Less than 100 attendees 455 "Average Annual Conference Expenses $9.0M* *Please note conference costs do not include sleeping rooms or other costs borne by the individual attendees. Estimated FY2009 Breakdown Length of ConferencesNumber of Events Two Day 160 Three Day 265 Four Day 90 Five Day 80 Six Day 10 Total Estimated Conferences605 3. Services/Products Required i.Technical Standards In addition to being fully compliant with all Federal and State Regulations, hotels competing for an individual delivery must, at minimum, meet the industry standards of a three star rating in accordance with the following criteria. 5-Star Rating: A deluxe hotel, offering the highest degree of personal service. Rooms are equipped with quality linens, and other comparable amenities. There are multiple restaurants on site with extensive, gourmet menus, and room-service is also available 24-7. A fitness center, valet parking and concierge service round out the experience. 4-Star Rating: Formal, large hotels. There will usually be other hotels of the same caliber clustered nearby, as well as shopping, dining and entertainment. Above-average service, beautifully furnished rooms, restaurants, room service, valet parking, fitness center and a concierge are some amenities to expect. 3-Star Rating: Usually located near a major expressway, business center and/ shopping area, these hotels offer quality, spacious rooms and decorative lobbies. On-site restaurants may be average in size but will offer breakfast, lunch and dinner. Valet and room service, a small fitness center and a pool are often available. Note: Hotels that are rated above three stars may receive a more favorable technical evaluation at the order level. ii.Sleeping Rooms a.Offered rooms must be at or below the Federal Per Diem. b.The hotel shall provide a minimum of 1 complimentary room night per every 50 contracted room nights per order. The hotel shall not offer nor shall the government accept a complimentary room and/or upgrade in lieu value of the complimentary room without the prior written authorization of the Contracting Officer. c.Attendees shall not be subject to an early departure fee. d.Attendees will be required to make their reservations on an individual basis. Confirmed reservations will be secured, and all charges paid, by a credit card that has been issued to the attendee, or other type of security that is acceptable by the individual hotel. Under the terms of this agreement, reservations shall be made by the time and date specified in the individual order. Requests for reservations made after the specified time and date will be based upon hotel's lodging space and group rate availability. In the event the hotel cannot accommodate the late reservation, it will be assumed that VA will have no further liability under the individual order for attrition or any other guarantees relative to the room block, nor will there be a change in the number of complimentary rooms or other concessions made relative to the individual order. iii.Guaranteed Room Availability Under the terms of this agreement, the awardee affirms that all hotels nominated for award of an order under this agreement will make their best efforts to honor all guaranteed reservations for the VA. In the event attendees, with a guaranteed reservation, cannot be accommodated the hotel will provide the following: a.Accommodations at a comparable hotel located as close as reasonably possible from the contracted hotel. b.Any difference in rates between the contracted hotel and the alternate hotel will be borne by the contracted hotel. c.Complimentary round trip ground transportation between hotel and the alternate hotel for each day the guest is displaced. d.Two (2) five (5) minute phone calls and necessary arrangements for forwarding of the displaced guest's telephone messages and mail. e.Offer to relocate displaced guest back to first available room. If room becomes available and the guest elects not to return to the hotel, the hotel will have no further obligations under this clause. f.Credit to the VA for any guests displaced toward its room block pickup for purposes of this agreement and for calculation of VA's complimentary room credit. iv.Quiet Enjoyment It is agreed that the demeanor of VHA events is quiet and conversational. Loud noises from adjoining or adjacent rooms are not acceptable and the hotel assumes the responsibility to ensure that the meeting will not be disturbed. In the event that the hotel will be undergoing any construction or renovation during the meeting dates, the hotel shall notify the VA. Pre Award: The hotel shall disclose, at the time of an offer, any construction/renovation that may affect the use of, quiet enjoyment or quality of service during the meeting dates. The hotel shall provide a mitigation strategy the government may use to determine how this may impact the quality of service during evaluation. After Award: The hotel shall notify the VA immediately when any construction/renovation or other event may disrupt the quiet and conversational demeanor of the meeting. If this occurs during the performance of the meeting, the hotel agrees to take immediate steps to address and resolve this situation to VA's satisfaction. Consequent negotiations may be applicable. Upon notification, VA shall have the right to cancel without liability upon written notice to the hotel if, in the VA's reasonable judgment, such construction/ renovation or any other event unreasonably affects the use of the facilities or the quality of service to be provided. v. Technical Requirements At the order level, the Contractor shall be required to provide one or more, but not limited to, of the following: oConference Space and Meeting Rooms "Capacity "Floor Plan "Sight impediments (e.g. pillars or columns) "Maximum Number of participants oAudio Visual Support oRefreshments for the conference attendees oA specified number of available sleeping rooms. Reference: Attachment 2 - Sample Order a.Audio Visual Equipment -Unless specifically authorized in the individual order, if the VA brings in outside contractors, the VA will not be required to pay surcharges for use of outside contractors. The VA will not be required to pay hotel employees or agents to supervise any work associated with the set up or use of such equipment, unless specifically authorized in the individual order. b.Response Time - Unless otherwise stated in the request for quotation, the quotations must be submitted within four (4) business days from the date of a request for quotation. Quotations shall only be submitted on a first option basis. Offerors shall provide a tentative hold on requested meeting space and sleeping room requirements continuously. If another interested customer is prepared to commit for the same space, the offeror shall provide first right of refusal to VA for a minimum of two (2) standard business days, to the contracting officer. c.Meeting Setup -There shall be no charge to the VA for the standard set-up of meeting rooms. The hotel shall provide, at no charge, certain equipment/items standard for the types of meetings and events scheduled, including the following: standing lecterns, easels, registration tables and chairs, water and glasses, pads and pencils, bulletin or message boards, and the house sound system as well as any power drop. d.Meeting Space: The hotel shall not reassign agreed upon function space without the concurrence of the VA event representative. There shall be no cost incurred if the changes are at the hotel's request. If the change is directed by the government and results in a change in cost, it shall be approved in advance by the Contracting Officer. e.Meeting Material Storage - The contractor shall not charge for storing the VA's meeting materials and publications for up to three (3) business days prior to the first day of the meeting and up to two (2) business days after the conclusion of the meeting. The contractor's staff shall assist in moving these materials to the registration area at no charge. f.Vendors Support - The VA reserves the right to utilize the vendor of its choice for services or rentals in the areas of (but not limited to) audio-visual, exhibit decorating, security, transportation, business center, computer rental, additional tables, additional chairs, pipe and drape, poster boards, etc., with no surcharge from hotel or from its in-house supplier. g.Certification Requirements Americans with Disabilities Act (ADA) - The hotel shall be responsible for complying with the public accommodations requirements of the Americans with Disabilities Act (ADA) not otherwise allocated to VA in this Contract, including: (i) the 'readily achievable' removal of physical barriers to access to the meeting rooms, sleeping rooms, and common areas (e.g., restaurants, rest rooms, and public telephones); (ii) the provision of auxiliary aids and services where necessary to ensure that no disabled individual is treated differently by the hotel than other individuals; and (iii) the modification of the hotel's policies, practices, and procedures applicable to all guests and/or groups as necessary to provide goods and services to disabled individuals (e.g., emergency procedures and policy of holding accessible rooms for hearing and mobility impaired open for disabled individuals until all remaining rooms are occupied). Any extraordinary costs for special auxiliary aids requested by the VA shall be borne by the VA, provided the hotel notifies the VA of such cost in writing. Federal Emergency Management Agency (FEMA) - hotel is compliant with the requirements of the Hotel and Motel Fire Safety Act of 1990 (Public Law 101-391) (15 U.S.C. 2201 et. seq.) and is listed on the U.S. Fire Administration Hotel and Motel National Master List found at http://www.usfa.fema.gov/hotel/search.cfm. Central Contract Registration (CCR) - In accordance with FAR 52.204-7 Central Contract Registration (Oct 2003), contractors are required maintain current registration in the Central Contract Registration (CCR) database http://www.ccr.gov prior to award of any contract or order. CCR registration must continue to be current throughout the performance period of the BPA. 4. Subcontracting Plan The Contractor shall submit subcontracting data in accordance with Attachment 3 - Subcontracting Plan and the following: Standard Form 294, Subcontracting Report for Individual Contracts. This report shall be submitted to the Contracting Officer annually and at contract completion. If the reporting activity is covered by a commercial plan, the reporting activity must report annually all subcontract awards under that plan. All reports submitted at the close of each fiscal year (both individual and commercial plans) shall include a breakout in the contractor's format, of subcontract awards, in whole dollars, to small disadvantaged business concerns by North American Industry Classification System (NAICS) Industry Subsector 721110, Hotel Services. For a commercial plan, the Contractor may obtain from each of its subcontractors a predominant NAICS Industry Subsector and report all awards to that subcontractor under its predominant NAICS Industry Subsector. B. SCHEDULE FOR DELIVERABLES All contractor-provided work products are to be furnished within the specified delivery dates in the associated BPA task order. By the 10th calendar day of each month the contractor shall provide the Contracting Officer and the Contracting Officer's Technical Representative (COTR) with the information requested in "Attachment 2 - Reports" of this document. Any changes to delivery dates must be requested in writing to the Contracting Officer (CO). If for any reason any deliverable cannot be delivered within the scheduled time frame, the contractor is required to explain why in writing to the CO including a firm commitment of when the work shall be completed. This notice to the CO shall cite the reasons for the delay and the impact on the overall project. The CO shall then review the facts and issue a response in accordance with applicable regulations. C. CHANGES TO STATEMENT OF WORK Any changes to a statement of work shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor. D. MASTER ACCOUNT The Contractor agrees to accept the order from the VA, in lieu of a deposit, and to establish a master account for the Department of Veterans Affairs. The parties agree that no additional service charges, gratuities, fees or surcharges shall be added to the VA's master account other than those stated in the individual order or authorized by the Contracting Officer. E. INVOICE SUBMISSION i.The address for the submission of the invoice will be provided on the individual order. ii.The name of the Technical Representative Authorized to approve payment will be listed on the individual order. iii.All invoices must be submitted within 45 days of the originally scheduled service or project completion. iv.If an invoice is submitted within 45 days of the originally scheduled service or project completion all undisputed charges on the master account will be due and payable within 45 days after receipt and approval of the final bill from the hotel. Disputed items shall not be payable until resolved. v.The value of the complimentary room nights shall be deducted from the VA's Master Account. vi.Only those charges specified by the VA shall be charged to the master account. vii.Payment will be made in accordance with the Prompt Payment Act (31 U.S.C. 3903) and the Office of Management and Budget (OMB) circular, A-125, Prompt Payment without any further obligations. viii.The Department of Veterans Affairs, Veterans Health Administration agrees that the master account will be fully paid within 30 days after receipt of a proper invoice in accordance with the Prompt Payment Act (31 U.S.C. 3903) and the Office of Management and Budget (OMB) circular, A-125, Prompt Payment. In the event any charges are disputed, all undisputed amounts will be paid within 30 days. All undisputed charges not paid within 30 days will be subject to interest in accordance to the Prompt Payment Act (31 U.S.C. 3903). F. RESTRICTION AGAINST DISCLOSURE The preliminary and final deliverables, and all associated working papers, application source code, and other material deemed relevant by VA which have been generated by the contractor in the performance of this award and any subsequent orders, are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the task order. The CO will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this award and any subsequent orders. No information shall be released by the contractor. Any request for information relating to this task order, presented to the contractor, shall be submitted to the CO for response. Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO. G. POTENTIAL CONFLICTS OF INTEREST (SEE FAR 9.5) i.There is potential for conflicts of interest (see FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest) due to the nature of the work contemplated under this agreement. ii.As a part of the quote, for the BPA as well as the individual order, the offeror shall provide the Contracting Officer with complete information about previous or ongoing work that is in any way associated with the contemplated acquisition and which may present a conflict of interest or the appearance of a conflict of interest. iii.The offeror shall inform the Contracting Officer whether, to the best of its knowledge and belief, it has any conflicts of interest as defined below: personnel, employees, or agents has interests, either due to other activities or relationships with other organizations, which place it in a position that may be secure impartial, technically sound, objective assistance and advice from the competitive advantages may accrue to the Contractor in question. iv.If during the course of performance of this agreement, the Contractor discovers an organizational conflict of interest with respect to the agreement which has not been reported to the VA. The Contractor shall notify VA of the conflict immediately and submit a proposed mitigation plan to VA for approval. If the conflict cannot be avoided, eliminated or mitigated to the satisfaction of the Contracting Officer, the agreement may be terminated. v.If during the course of performance of this agreement, the Contractor discovers a personal conflict of interest with respect to one of its personnel working on the agreement, the Contractor shall notify the VA of the conflict immediately and submit a proposed mitigation plan to the VA for approval. Personal conflicts of interest will be handled by the Contracting Officer on a case-by-case basis. Depending on the severity of the conflict, alternative staff may be appointed to work on the contract. However, if substitution of personnel does not eliminate the conflict or the appearance of a conflict, the agreement may be terminated. vi.The contractor shall also inform the Contracting Officer of interest or presence of an appearance of a conflict of interest on the part of the contractor. H. PROHIBITION OF ADVERTISING OF AWARD The contractor shall not refer to this award in commercial advertising, or similar promotions in such a manner as to state or to imply that the product or services provided is endorsed, preferred, or is considered superior to other products or services by the Department of Veterans Affairs. This includes advertising, or similar promotions, in all forms or electronic, broadcast, and print media. In addition, the contractor is restricted from reproducing the image(s) of the VA in any form of commercial advertising, or similar promotion. This includes images of official seals and buildings. Any proposed usage of such symbols must be brought to the attention of the Contracting Officer (CO). I. TERMINATION Reference FAR 52.212-4 (l) and 52.212-4 (m) An order may be terminated, canceled or modified without liability by mutual written agreement of the parties at any time. The performance of an order by either party is subject to acts of God, war, epidemic, acts and/or threats of terrorism, Department regulation, non-appropriation of funds, Department budget cuts, disaster, fire, strikes, civil disorder, curtailment of transportation facilities preventing or unreasonably delaying at least 25% of meeting attendees and guests from appearing at VA's meeting, or other similar cause beyond the control of the parties making it inadvisable, illegal or impossible to hold the meeting or provide the facility. The order may be terminated without penalty, damages, or option fees for any one or more of such reasons by prompt written notice from one party to the other; or if this event qualifies for termination under this clause but the parties elect to hold the event on a lesser basis, the VA is released from all guarantees, commitments, and attrition fees. In the event that the VA decides to hold its meeting despite such circumstances, the Hotel shall waive fees related to a reduced-sized Meeting (including any room attrition fees, function space rental, food and beverage attrition fees) and shall offer VA guests any lower room rate offered by hotel during the contracted dates. The parties may, however, agree to go forward on such terms and conditions that may be re-negotiated. J. ATTRITION FEE The Department of Veterans Affairs may reduce its confirmed room nights by 20% of the total room nights, without penalty at anytime. If the hotel shows that the Department of Veterans Affairs fails to actualize 80% of the contracted room block, the hotel agrees to perform an audit before invoicing Department of Veterans Affairs for attrition damages. The Department of Veterans Affairs will provide the hotel with an alphabetical list of attendees. The hotel agrees to compare this list, in good faith, with the list of in-house guests over Department of Veterans Affairs meeting dates (including up to three days prior to and three days after meeting dates) and credit the Department of Veterans Affairs for pickup for any Group rooms booked outside the VA block regardless of rate or reservation method. In the event the actual use of room nights falls below the agreed attrition threshold, an attrition charge may be assessed. This amount shall be calculated by multiplying (.75) times the single/double Group rate, exclusive of taxes, for each room night below the agreed attrition percentage threshold of the total room nights blocked (75% x $ contracted group rate = $ per room night attrition costs). Such charges shall be added, without tax, to, and payable as part of, the Master Account. The hotel shall undertake all efforts to resell any unused room nights in the Room Block and shall credit those sales against any attrition charges. The VA shall not be liable for any attrition fees if the hotel meets or exceeds 80 percent occupancy for any of the dates of the Room Block. Furthermore, in the event the hotel fails to meet its projected occupancy, the hotel shall assume the obligation of demonstrating that room nights being reserved for the VA were unsold. An audited statement of actual room usage, the number of rooms available in the hotel for sale and the number of rooms resold by the hotel for each day of the meeting shall be provided to the VA upon the billing of any attrition charge. Room night charges for "no-show" reservations shall be credited against the calculation of attrition fees. The VA shall not pay for off-line rooms (rooms being remodeled or not used for any reason). Under no circumstances will any attrition fees be due if the VA cancels the contract and the agreed cancellation fee is paid as outlined in the contract. Attrition on guest room revenue cannot exceed the agreed maximum cancellation fee. The hotel and the VA agree to a damage fee in the event that the VA fails to meet the Guest Room Minimum set forth in this section. Therefore, the VA and hotel agree that: (a) that the above formula is a reasonable estimate of the hotel's damage in the event that such a minimum is not met and (b) that the damage fee set forth in this section does not constitute a penalty. K. CANCELLATION OF AN ORDER In the event that this contract is cancelled by the VA, the parties agree that the hotel will have lost the opportunity to offer the unused facilities to others either individually or as part of another block and will incur additional costs in attempting to resell inventory that was already sold. The parties agree that the exact amount of such damages will be difficult to determine. Therefore, the VA agrees that should it cancel its event for any reason, including changing its meeting site to another hotel that the VA will pay as liquidated damages to the hotel immediately upon notice of cancellation a percentage of the total revenues anticipated by the hotel for your event plus any applicable taxes, as follows: Cancellation between date of signing until 91 days before event date: 0% Cancellation between 90 days and 61 days before event date: 25% Cancellation between 60 days and 31 days before event date: 50% Cancellation less than 30 days before event date: 75% The value of cancellation is related only to the per diem value sleeping room block and 75% of the per diem rate. Cancellation does not apply to audio-visual, food service or other ancillary service. L. LIABILITY The hotel shall indemnify and hold the VA harmless against any and all liability, loss, expense, fee, claim, suit, judgment or damage on account of (i) any injury to the person or property of any registrant, guest, invitee, employee, agent or representative of the hotel for bodily injury, including death, property damage, personal injury and discrimination arising out of the willful or negligent acts or omissions of the hotel, its agents, contractors, employees, agents and representatives, or (ii) any breach of the promises, representations and warranties of the hotel made herein. The VA shall not be responsible for any property damage caused by the hotel's negligence or willful misconduct or the negligent or willful acts of other guests or groups in the hotel. M. MASTER ACCOUNT The contractor agrees to accept the order from the VA, in lieu of a deposit, and to establish a master account for the VA. All individual attendees are responsible for the cost of their sleeping rooms and all their incidental charges, none of those items shall be billed to the master account. The parties agree that no additional service charges, gratuities, fees or surcharges shall be added to the VA's master account other than those stated in the order. Office of Management and Budget (OMB) circular, A-125, Prompt Payment. N. COMPLIMENTARY ROOMS The hotel shall not offer nor shall the government accept a complimentary room and/or upgrade of any room in lieu value of the complimentary room without the prior written authorization of the Contracting Officer. O. TAX EXEMPT The Department of Veterans Affairs, as a Federal Government Agency, is tax exempt in accordance with the following tax-exempt clauses. 52.228-1 State and Local Taxes (Apr 1994) 52.229-4 Federal, State & Local Taxes (Jan 1991) P. INSURANCE The hotel agrees to carry adequate personal property, liability and other insurance protecting itself against any claims arising from any activities conducted in the hotel during the VA's stay. The Department of Veterans Affairs, as a Federal agency, is self-insured. All claims against the Department of Veterans Affairs shall be filed in accordance with the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Q. INDEMNIFICATION The hotel shall indemnify, defend and hold harmless the Department of Veterans Affairs and its officers, directors, agents, and employees from and against all liabilities, actions, claims, demands, losses or damages (including reasonable attorney's fees) arising out of or resulting from (i) any breach by the hotel or any of the terms, conditions, representations or warranties contained in this Contract, (ii) the gross negligence or wrongful acts of the hotel or any of its employees, agents or contractors. The Department of Veterans Affairs does not indemnify. R. COMPLIANCE WITH LAW The United States Government is sovereign over all state and local laws. All claims against the Department of Veterans Affairs shall be filed in accordance with the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). S. MEETINGS/CONFERENCEs The contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation subpart 42.5. Pre and Post Event meetings/conferences may be necessary to resolve problems and to facilitate understanding of the technical requirements of the agreement. Additionally, annual meetings/conferences may be required for performance evaluation and technical discussions. Participants at these meetings/conferences shall be members of the contractor's staff and representatives of the government. These meetings/conferences shall be scheduled with the agreement and arrangements made between the Contracting Officer, or his representative, and the contractor. Records of these meetings/conferences shall be made by the contractor and approved by the government. There shall be no additional costs associated with the attendance at these meetings.
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