Lodging

(i) This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, using Simplified Acquisition Procedures under the test program for commercial items authorized in FAR Subpart 13.5, and as supplemented with the additional information included in this notice; proposals are being requested and a separate written solicitation will not be issued. (ii) Solicitation number HSCG40-11-R-60312 applies, and is issued as Request for Proposal(s). (iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-53 (iv) This is an unrestricted solicitation. The North American Industry Classification System (NAICS) code is 721110 and the size standard is $30 million for the requirement. U.S. Coast Guard Surface Forces Logistics Center intends to award multiple Firm Fixed Price Blanket Purchase Agreements. (v) List of Items/Clins: PROPOSALS MUST INCLUDE ALL COSTS, CHARGES AND FEES DAILY RATE MUST BE PROVIDED ON PROPOSALS RATES SHALL BE IN ACCORDANCE WITH FEDERAL TRAVEL REGULATIONS WWW.GSA.GOV/FTR STAGGERD ARRIVAL SHALL BE ALLOWED AND ROOM(S) SHALL REMAIN OPEN FOR LATE ARRIVALS CLIN0001: BASE YEAR ORDERING PERIOD DOUBLE OCCUPANCY COMMERCIAL LODGING IN ACCORDANCE WITH ATTACHED STATEMENT OF WORK. QUANTITY: VARIOUS ROOM RATE: CLIN0002: BASE YEAR ORDERING PERIOD SINGLE OCCUPANCY COMMERCIAL LODGING IN ACCORDANCE WITH ATTACHED STATEMENT OF WORK. QUANTITY: VARIOUS ROOM RATE: CLIN1001: YEAR ONE (1) ANNUAL ORDERING PERIOD DOUBLE OCCUPANCY COMMERCIAL LODGING IN ACCORDANCE WITH ATTACHED STATEMENT OF WORK. QUANTITY: VARIOUS ROOM RATE: CLIN1002: YEAR ONE (1) ANNUAL ORDERING PERIOD SINGLE OCCUPANCY COMMERCIAL LODGING IN ACCORDANCE WITH ATTACHED STATEMENT OF WORK. QUANTITY: VARIOUS ROOM RATE: CLIN2001: YEAR TWO (2) ANNUAL ORDERING PERIOD DOUBLE OCCUPANCY COMMERCIAL LODGING IN ACCORDANCE WITH ATTACHED STATEMENT OF WORK. QUANTITY: VARIOUS ROOM RATE: CLIN2002: YEAR TWO (2) ANNUAL ORDERING PERIOD SINGLE OCCUPANCY COMMERCIAL LODGING IN ACCORDANCE WITH ATTACHED STATEMENT OF WORK. QUANTITY: VARIOUS ROOM RATE: CLIN3001: YEAR THREE (3) ANNUAL ORDERING PERIOD DOUBLE OCCUPANCY COMMERCIAL LODGING IN ACCORDANCE WITH ATTACHED STATEMENT OF WORK. QUANTITY: VARIOUS ROOM RATE: CLIN3002: YEAR THREE (3) ANNUAL ORDERING PERIOD SINGLE OCCUPANCY COMMERCIAL LODGING IN ACCORDANCE WITH ATTACHED STATEMENT OF WORK. QUANTITY: VARIOUS ROOM RATE: CLIN4001: YEAR FOUR (4) ANNUAL ORDERING PERIOD DOUBLE OCCUPANCY COMMERCIAL LODGING IN ACCORDANCE WITH ATTACHED STATEMENT OF WORK. QUANTITY: VARIOUS ROOM RATE: CLIN4002: YEAR FOUR (4) ANNUAL ORDERING PERIOD SINGLE OCCUPANCY COMMERCIAL LODGING IN ACCORDANCE WITH ATTACHED STATEMENT OF WORK. QUANTITY: VARIOUS ROOM RATE: (vi) The following FAR clauses and provisions apply to this solicitation. Offerors may obtain full text versions of these clauses electronically at http://www.arnet.gov/far. (vii) FAR 52.212-1 Instructions to Offerors-Commercial Items (June 2008) Addendum to FAR 52.212-1 - Instructions to Offerors - Commercial Items (June 2008) THE GOVERNMENT WILL NOT PAY FOR ANY COSTS INCURRED IN THE PREPARATION AND SUBMITAL OF THE OFFEROR'S PROPOSAL. 1. FOR OFFEROR'S PROPOSAL TO BE CONSIDERED RESPONSIVE THE OFFEROR MUST SUBMIT THE FOLLOWING NO LATER THAN 3:00P.M. ON AUGUST 12, 2011. NO ELECTRONIC SUBMISSIONS - DUE TO SIZE OF PROPOSAL DOCUMENTS AND COST TO GOVERNMENT TO PRINT. NO ELECTRONIC SUBMISSIONS WITH PASSWORDS TO ACCESS PROPOSALS - DUE TO GOVERNMENT COMPUTER SECURITY THESE SITES CANNOT BE ACCESSED. ADDRESS TO SUBMIT PROPOSALS: U. S. COAST GUARD SURFACE FORCES LOGISTICS CENTER CONTRACTS & PROCUREMENT DIVISION 3 2401 HAWKINS POINT ROAD, BLDG 58, M/S 8 BALTIMORE, MD 21226-5000 ATTN: TAMMY FORWOOD, CONTRACT SPECIALIST A. OFFEROR MUST SUBMIT TWO PAPER COPIES OF PRICING SUBMISSION SEPARATE FROM TECHNICAL. B. OFFEROR MUST SUBMIT TWO PAPER COPIES OF TECHNICAL SUBMISSION SEPARATE FROM PRICING. SUBMISSION REQUIREMENT INSTRUCTIONS 1. OFFEROR SHALL SUBMIT A FIRM-FIXED PRICE PROPOSAL. 2. OFFEROR SHALL MAINTAIN AND SUBMIT A DETAILED SAFETY AND SECURITY PLAN/PHYSICAL SECURITY PLAN. SAFE, SECURE AND QUALITY LODGING FOR U.S. COAST GUARD PERSONNEL IS THE NUMBER ONE PRIORITY. PHYSICAL SECURITY PLAN SUBMITTED WITH PROPOSAL MUST CONTAIN ENOUGH DETAIL TO DETERMINE OFFEROR WILL PROVIDE SAFE, SECURE AND QUALITY LODGING. IF SECURITY PERSONNEL ARE ON STAFF PROVIDE RESUME FOR EACH PERSONNEL. IF OFFEROR HAS MEMORANDUM OF AGREEMENT WITH LOCAL LAW ENFORCEMENT PROVIDE COPY OF MEMORANDUM OF AGREEMENT. THE GOVERNMENT RESERVES THE RIGHT TO CONSULT OTHER PUBLIC INFORMATION SOURCES SUCH AS CRIME STATISTICS. 3. OFFEROR SUBMITTING UNDER A SUB-CONTRACT MUST INCLUDE WITH THEIR PROPOSAL A SIGNED SUB-CONTRACT PLAN WITH THE LODGING FACILITY. SUB-CONTRACT PLAN MUST PROVIDE DETAILS ON PLAN OF ABILITY TO MANAGE SUB-CONTRACTORS. 4. OFFEROR SHALL PROVIDE PROOF THAT LODGING IS LOCATED WITHIN 15 MILE DRIVING RADIUS OF THE U.S. COAST GUARD YARD 2401 HAWKINS POINT ROAD BALTIMORE, MD 21226. DRIVING DIRECTION SEARCH ENGINES SUCH AS MAPQUEST ARE ACCEPTABLE. 5. OFFEROR SHALL PROVIDE PROOF LODGING FACILITY IS LISTED ON THE HOTEL/MOTEL MASTER LIST FOR FIRE SAFETY ACT OF 1990. 6. OFFEROR SHALL PROVIDE PROOF OF MEETING THE REQUIREMENTS OF TWO DIAMONDS (??) FOR AN AMERICAN AUTOMOBILE ASSOCIATION (AAA) RATING OR TWO STARS (??) FOR FORBES (formerly Mobil) TRAVEL GUIDE RATING. 7. OFFEROR SHALL PROVIDE PARKING PLAN AND STATE IN PROPOSAL FREE PARKING FOR UP TO 10 VEHICLES WILL BE PROVIDED. 8. OFFEROR SHALL PROVIDE AND STATE IN PROPOSAL DAILY ROOM CLEANING, CHANGE OF LINEN AND REPLENISHMENT OF TOILETRIES WILL BE PROVIDED. 9. OFFEROR SHALL PROVIDE AND STATE IN PROPOSAL THAT STAGGERD ARRIVAL WILL BE ALLOWED AND ROOM(S) SHALL REMAIN OPEN FOR LATE ARRIVALS 10. OFFERORS SHALL INCLUDE A COMPLETED COPY OF THE PROVISION AT FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERICAL ITEMS (May 2011) WITH THEIR OFFER. NOTE: PROPOSALS THAT FAIL TO FOLLOW PROPOSAL AND TECHNICAL SUBMISSION REQUIREMENTS MAY BE DETERMINED TO BE UNACCEPTABLE AND MAY BE REJECTED FROM FURTHER CONSIDERATION. TWO PROPOSALS FROM THE SAME OFFEROR LODGING FACILITY WILL NOT BE ACCEPTED. IF A LODGING FACILITY SUBMITS A PROPOSAL AS A PRIME AND AS A SUB-CONTRACTOR FOR THE SAME LODGING FACILITY, THE PROPOSAL FROM THE LODGING FACILITY AS PRIME WILL BE ACCEPTED AND THE SUB-CONTRACTOR PROPOSAL WILL BE REJECTED. (viii) 52.212-2 Evaluation-Commercial Items (Jan 1999). - This is a commercial item acquisition. The evaluation and award procedures in FAR 13.106 apply. The award will be made to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Non-price factors will be significantly more important than price factors. The Government has the right to award to other than lowest bidder based on the evaluation of non-price factors. Addendum to FAR 52.212-2 - Evaluation-Commercial Items (Jan 1999) The following factors shall be used to evaluate offers. Offerors must meet the following factors at a minimum: TECHNICAL EVALUATION FACTORS 1. SAFE, SECURE AND QUALITY LODGING FOR U.S. COAST GUARD PERSONNEL IS THE NUMBER ONE PRIORITY. PHYSICAL SECURITY PLAN SUBMITTED WITH PROPOSAL MUST CONTAIN ENOUGH DETAIL TO DETERMINE OFFEROR WILL PROVIDE SAFE, SECURE AND QUALITY LODGING. 2. IF OFFEROR SUBMITS A SUB-CONTRACT PLAN, SUBMITTING AS A SUB-CONTRACT ARRANGEMENT WITH THE LODGING FACILITY, THE SUB-CONTRACT PLAN WILL BE EVALUATED ON THE DEGREE TO WHICH IT PROVIDES DETAILS ON THE PLAN AND DEMONSTRATES THE OFFEROR'S ABILITY TO PROVIDE THE SERVICES REQUIRED BY THE STATEMENT OF WORK AND THE ABILITY TO EFFECTIVELY MANAGE THE SUB-CONTRACTOR(S). 3. OFFEROR SHALL BE LOCATED WITHIN A 15 MILE DRIVING RADIUS OF THE U.S. COAST GUARD YARD 2401 HAWKINS POINT ROAD BALTIMORE, MD 21226. 4. OFFEROR SHALL BE LISTED ON THE HOTEL/MOTEL MASTER LIST FOR FIRE SAFETY ACT OF 1990. 5. OFFEROR SHALL AT A MINIMUM MEET THE REQUIREMENTS OF TWO DIAMONDS (??) FOR AN AMERICAN AUTOMOBILE ASSOCIATION (AAA) RATING OR TWO STARS (??) FOR FORBES (formerly Mobil) TRAVEL GUIDE RATING. 6. OFFEROR SHALL PROVIDE FREE PARKING FOR UP TO 10 VEHICLES WILL BE PROVIDED. 7. OFFEROR SHALL PROVIDE DAILY ROOM CLEANING, CHANGE OF LINEN AND REPLENISHMENT OF TOILETRIES WILL BE PROVIDED. 8. OFFEROR SHALL PROVIDE STAGGERD ARRIVAL WILL BE ALLOWED AND ROOM(S) SHALL REMAIN OPEN FOR LATE ARRIVALS. (ix) Questions regarding this RFP must be submitted in writing to Tammy Forwood by 9am on July 28, 2011. Email: Tammy.J.Forwood@uscg.mil (x) SITE VISIT: The Government will perform site visits to inspect lodging facility prior to award. Site visit date and time to be determined (xi). 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders, Commercial Items (May 2011) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). ___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). _X_ (6) 52.209-6, Protecting the Government' Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items). ___ (7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Public Law 111-117, section 743 of Division D of Public Law 111-8, and section 745 of Division D of Public Law 110-161). ___ (8) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a). ___ (9) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (10) [Reserved] ___ (11) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-6. ___ (iii) Alternate II (Mar 2004) of 52.219-6. ___ (12) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. ___ (13) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). ___ (14) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637 (d)(4).) ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (July 2010) of 52.219-9. _X_ (15) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). ___ (16) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (17) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (June 2003) of 52.219-23. ___ (18) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (19) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (20) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). ___ (21) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). ___ (22) 52.219-29, Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2011). ___ (23) 52.219-30, Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2011). _X_ (24) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (25) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126). _X_ (26) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (27) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X_ (28) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). _X_ (29) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). _X_ (30) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). _X_ (31) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ___ (32) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (33) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (34) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (35) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). ___ (ii) Alternate I (Dec 2007) of 52.223-16. _X_ (36) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (Sep 2010) (E.O. 13513). ___ (37) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d). ___ (38) (i) 52.225-3, Buy American Act -Free Trade Agreements - Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138). ___ (ii) Alternate I (Jan 2004) of 52.225-3. ___ (iii) Alternate II (Jan 2004) of 52.225-3. ___ (39) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ___ (40) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (41) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (42) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (43) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ___ (44) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (45) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332). ___ (46) 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332). ___ (47) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). ___ (48) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (49) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). ___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). ___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.). ___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). ___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.) (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.) (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.) (xii) 52.222-54, Employment Eligibility Verification (Jan 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) (xii) 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 for a period of one (1) year after the date of award for the base year, and for a period of one (1) year after exercise of each option year. (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) (xiii) 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 one room for one night, 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 fifty-five (55) rooms; (2) Any order for a combination of rooms in excess of fifty-five (55) rooms; or (3) A series of orders from the same ordering office within three (3) days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within one (1) day after issuance, with written notice stating the Contractor's intent not to provide the rooms called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of Clause) (xiv) 52.216-27 Single or Multiple Awards (Oct 1995) The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation. (End of Provision) (xv) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998). This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: www.arnet.gov. (xviii) FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Jun 2010) applies to this acquisition. (xix) 52.212-3 Offeror Representations and Certifications-Commercial Items (May 2011) Offerors shall include a completed copy of the provision with their offer. (xviii) The following items are incorporated as addenda to this solicitation: HSAR 3052.209-70, Prohibition on contracts with corporate expatriates HSAR DEV 2009-02 (Jul 2009) HSAR 3052.242-71, Dissemination of Contract Information (Dec 2003) HSAR 3052.242-72, Contracting Officer's Technical Representative (Dec 2003) Copies of HSAR clauses may be obtained electronically at: http://www.dhs.gov, Ombudsman - CGAP SUBCHAPTER 3033 Appendix (C) to COMDTINST M4200.19J C-1 at http://www.uscg.mil/directives/cim/4000-4999/CIM_4200_19J.pdf (xix) POC is Tammy Forowod, Contract Specialist - Phone: (410) 762-6228, Fax: 410-762-6008, and email: Tammy.J.Forwood@uscg.mil