LODGING USCG PSU 301 BUZZARDS BAY MA 02542 JANUARY 2010

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued. Solicitation HSCG24-10-Q-9362 applies and is issued as a Request for Quotation (RFQ). This synopsis/solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-38. This procurement is being solicited as a Total Small Business Set Aside using Simplified Acquisition Procedures per FAR Subpart 13. The Small Business Size standard for NAICS 721110 is $7.0 million. The anticipated award date is 11 Jan 2010. The government intends to award from this solicitation to the responsible vendor whose quote conforming to the solicitation provides the best value. Quotes must arrive no later than 5:00 P.M. 7 Jan 2010. Quotations may be sent via US Postal Service or hand delivered to: USCG Base Support Unit Boston(fp) , 427 Commercial St., Boston MA 02109 Attn: J. Mckenzie . Emailed or faxed quotations will be accepted and are subject to the same rules as paper proposals. The telephone number for receiving faxes is: 617-223-3145. Refer questions to Jane Mckenzie at 617-223-3159 or Jane.mckenzie@uscg.mil 1. 49 double occupancy rooms meeting requirements of Statement of Work (including parking) at quoted price of ________________dollars each For the period 22 Jan 2010-31 Jan 2010 Total dollars _________________ 2. 15 single occupancy rooms meeting requirements of Statement of Work (including parking) at quoted price of __________________dollars each For the period 22 Jan 2010-31 Jan 2010 Total dollars _____________________ Offerors SHALL include name and address of lodging facility with quote. STATEMENT OF WORK Requirements: The contractor shall provide quality temporary lodging for 120 members of USCG Port Security Unit 301 for the period 22 Jan 2010 - 31 Jan 2010. The contractor shall also provide parking spaces for 49 double occupancy rooms and 15 single occupancy rooms. The pricing for lodging should be at or below the US Government per diem rate for the applicable location. US Government per diem rates for lodging can be found at www.gsa.gov/Portal/gsa/ep/perdiem The lodging facility shall be within a 25 mile land radius of USCG Port Security Unit 301, Bldg 3426 Beaman Road, Buzzards Bay MA 02542. The lodging facility shall: 1. Meet the Hotel and Motel Fire Safety Act of 1990 (PL101-391) and be listed on the Hotel-Motel Master List. See US Fire Administration web site. 2. Meet at a minimum, the requirements of two stars for a Mobil Travel guide Rating or two diamonds for an American Automobile Association (AAA) rating. Lodging shall include daily cleaning, change of linen, and replenishment of toiletries. The facilities provided must meet the minimum requirements, at a Minimum but do not have to be formally rated by either Organization CONTRACT CLAUSES (1) FAR 52.252-2, CLAUSES INCORPORATED BY REFERENCE (Feb1998) 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 the full text available. Also, the full text of a clause may be accessed electronically at http://www.arnet.gov/far. (2) The provision at FAR 52.212-1, Instructions to Offerors - Commercial Items (June 2008) applies. (3) FAR 52.212-2, Evaluation--Commercial Items (Jan 1999) Evaluation and Award: The government intends to award a contract resulting from this solicitation to the responsible offeror whose quote conforming to the solicitation provides the best value to the government. (4) Quotes shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items (Aug 2009) (5) HSAR Clause 3052.209-70 Prohibition on Contracts with Corporate Expatriates (Jun 2006) (a) Prohibitions. Section 835 of Public Law 107-296, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated 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 1504of such Code shall be applied by substituting �more than 50 percent' 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 series of related transactions)- (1) The entity completes after November 25, 2002, 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 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 after the date of enactment of this Act and 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 purpose 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 follow: (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, 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 submitted 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 clause) (6) The clause at FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Sep 2009) applies to this acquisition. The following FAR Clauses are applicable: FAR 52.219-6 Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C.644) FAR 52.219-8, Utilization of Small Business concerns (MAY 2004) 15 U.S. C. 637(d) (2) and (3) FAR 52.222-3, Convict Labor (June 2003) (E.O. 11755) FAR 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126). FAR 52.222-21, Prohibition of Segregated Facilities (Feb 1999) FAR 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246) FAR 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212) FAR 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793) FAR 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (Sep 2006) (38 U.S.C. 4212) FAR 52.222-39 Notification of Employee Rights concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201) FAR 52.222-41, Service Contract Act of 1965, as Amended (Nov 2007) FAR 52.222-50, Combating Trafficking in Persons (Feb 2009) FAR 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a - 10d). FAR 52.225-13, Restriction 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). FAR 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) (31 U.S.C. 3332) FAR 52.233-3, Protest after Award (Aug 1996) (31 U.S.C. 3553) The provisions of paragraphs d and e are applicable to this contract. (7) FAR 52.222-42 - Statement of Equivalent Rates for Federal Hires (May 1989) . WD 95-0051 (Rev.-22) was first posted on www.wdol.gov on 06/02/2009 FL/HH/MS ********************************************************************************** REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION By direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON, D.C. 20210 | | Shirley F. Ebbesen Division of Wage | Wage Determination No: 1995-0051 Director Determinations | Revision No: 22 | Date Of Revision: 05/26/2009 ---------------------------------------------------------------------------------- Applicable in Massachusetts as follows: BARNSTABLE, BRISTOL, DUKES, NANTUCKET, NORFOLK, and PLYMOUTH counties excluding the cities and towns listed below: BRISTOL COUNTY: Attleboro City, Mansfield, North Attleborough Town, Norton Town, Raynham, Reheoboth Town, and Seekonk NORFOLK COUNTY: Quincy City, Bellingham Town, Braintree Town, Brookline Town, Canton Town, Cohasset Town, Dedham Town, Dover Town, Foxborough Town, Franklin Town, Holbrook Town, Medfield Town, Medway Town, Millis Town, Milton Town, Needham Town, Norfolk Town, Norwood Town, Randolph Town, Sharon Town, Stoughton Town, Walpole Town, Wellesley Town, Westwood Town, Weymouth Town, and Wrentham Town PLYMOUTH COUNTY: Carver, Duxbury Town, Hanover Town, Hanson Town, Hingham Town, Hull Town, Kingston Town, Lakeville, Marshfield Town, Middleborough, Norwell Town, Pembroke Town, Plymouth, Plympton, Rockland Town, and Scituate Town ---------------------------------------------------------------------------------- **Fringe Benefits Required Follow the Occupational Listing** OCCUPATION CODE - TITLE FOOTNOTE RATE Food & Lodging: 07041 - Cook I 13.93 07042 - Cook II 16.08 07070 - Dishwasher 9.56 07130 - Food Service Worker 10.48 07260 - Waiter/Waitress 9.56 11060 - Elevator Operator 9.56 11210 - Laborer, Grounds Maintenance 10.48 11240 - Maid or Houseman 10.48 99030 - Cashier 10.48 99050 - Desk Clerk (see 1) 10.48 Halfway House & Residential Community Treatment: 01011 - Accounting Clerk I 12.90 01012 - Accounting Clerk II 13.49 01111 - General Clerk I 11.82 01311 - Secretary I 14.60 01611 - Word Processor I 11.82 07041 - Cook I 13.93 07042 - Cook II 16.08 07070 - Dishwasher 9.56 07130 - Food Service Worker 10.48 11150 - Janitor 10.48 11210 - Laborer, Grounds Maintenance 10.48 11240 - Maid or Houseman 10.48 23370 - General Maintenance Worker 14.77 27101 - Guard I 11.68 27102 - Guard II 12.44 99050 - Desk Clerk (see 1) 11.82 Moving & Storage: 21020 - Forklift Operator 13.93 21050 - Material Handling Laborer 11.66 21110 - Shipping Packer 13.93 21410 - Warehouse Specialist 13.93 31361 - Truckdriver, Light 13.93 31362 - Truckdriver, Medium 14.77 31363 - Truckdriver, Heavy 15.44 31364 - Truckdriver, Tractor-Trailer 16.08 __________________________________________________________________________________ ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH & WELFARE: $3.35 per hour or $134.00 per week or $580.66 per month VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173) HOLIDAYS: A minimum of eleven paid holidays per year: New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174) THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING: 1) Rates are applicable only under the appropriate occupational category. ** UNIFORM ALLOWANCE ** If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance: The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs. The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at http://wdol.gov/. REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444 (SF 1444)} Conformance Process: The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract. {See Section 4.6 (C)(vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed. The process for preparing a conformance request is as follows: 1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s). 2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work. 3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4). 4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request. 5) The contracting officer transmits the Wage and Hour decision to the contractor. 6) The contractor informs the affected employees. Information required by the Regulations must be submitted on SF 1444 or bond paper. When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.