OPLA Bi-Annual Conference near DFW Airport

This is a combined synopsis/solicitation to negotiate a Firm Fixed Price type contract for Hotel Accommodations and Conference Space, located in the following geographic area: Dallas/Fort Worth, TX with a radius of 20 miles from DFW Airport, TX. Request for Proposal HSCEMD-09-R-00002 is in accordance with FAR Subpart 12.6-Streamlined Procedures for Evaluation and Solicitation for Commercial Items. This is not a solicitation for Event Planning Services or 3rd Party Event Planning Services. ICE will not consider a proposal submitted by an offeror that is not a hotel. This is NOT a solicitation for Event Planning Services. An offer which requires the Government to execute a separate agreement with a third party hotel shall be deemed technically unacceptable. This announcement incorporates FAR provisions and clauses in effect through FAR FAC 2005-27, Effective October 17, 2008. NAICS Code 721110 and the small business size standard is $7 million, respectively. This FedBizOpps announcement/solicitation is solicited unrestricted, and constitutes the only bid document that will be issued. The Period of Performance for this requirement will be one of the following weeks, listed in order of preference: March 24 - 29, 2009. The hotel shall accommodate approximately 60 sleeping rooms (peak nights based on the timeframe) and shall provide all requirements specified for conference needs noted below in the Performance Work Statement Section. Lodging rates MUST be within the Government Per Diem rate or lower for the area. A response to requirements listed shall be submitted on letterhead and must address all requirements listed in a separate technical proposal. A completed Hotel Contract with non-commissionable meeting rates shall be submitted with your proposal, along with descriptive literature to include sleeping rooms, meeting room space, diagrams and square footage, information (availability/cost) on amenities of hotel i.e., parking, shuttle services; transportation to/from airport, and menus. To be eligible for award under this solicitation, the hotel facility MUST be listed with current status on the Central Contractor Registration website (www.ccr.gov) and be FEMA approved and listed on the U.S. Fire Administration Hotel and Motel National Master List found at (www.fedrooms.com ). In addition, the offerors facility must be compliant with the requirements of the Americans with Disabilities Act (Public Law 101-336) (42 U.S.C. 12101 et. Seq.). Performance Work Statement OPLA Bi-Annual Mission Support Conference 1.0 General 1.1 Scope: The US Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), desires to hold a conference in a facility that can accommodate the requirements outlined in Section 2 below. Preferred conference date is March 24 - 26, 2008. 2.0 Requirements: 2.1 Location: Conference facility must be located within 20 miles of the DFW Airport. 2.2 On-site restaurant or one within 2-3 blocks of hotel. 2.3 Public transportation or hourly shuttle service to local attractions, eating establishments or entertainment. 2.4 On-site fitness center. 2.5 In-room or in-house Laptop safes. 2.6 High Speed Wireless Access. 2.7 Premium Audio Visual Service to include: Audio System/Mixer, DVD Player Lavaliere Microphones, Cordless Microphones with stands, LCD Package projector, and on-site AV Technician 2.8 Date and time: The conference will last for 3 days and be held between March 24-26, 2009. 2.9 The conference facility will be used from 8:00a.m. through 5:30pm on the first two days and extend through 6:00 p.m. on the last (third) day. 2.10 Number of participants: It is estimated that a total of 90 people will attend the conference. Approximately 60 people will need overnight rooms (15% contingency) 2.11 Number and size of rooms: One large meeting room is required to hold all conference participants in CRESCENT ROUNDS which is approximately 90 - 95 persons with 5-6 persons per table. 2.12 Equipment: The following equipment is required in the main Meeting Room TYPE OF EQUIPMENT NEEDED: Podium with Microphone Panel Speakers Table (elevated) Audio System/Mixer DVD Player Internet Access Flip Charts (1) Lavaliere Microphones (1) Cordless Microphones with stands (1) LCD Package (includes screen, cart, cabling and projector) 2.13 Food and refreshments: 2.13.1 For each day of the conference (3 days), light refreshments are required as follows: 2.13.1.1 At conference start up coffee, tea, juice, water 2.13.1.2 Mid-morning break 2.13.1.3 Mid afternoon break Anticipate Light refreshment for morning and afternoon breaks for each of the three days, please provide Menus and Prices. The Federal Government policy does not permit a guaranteed amount of food and beverage revenue. 3 Allocation of costs: 3.0 Overnight rooms (approx 60) will be individually booked by the conference participants desiring overnight stay. All costs for those rooms shall be allocated to the individual booking the room. 3.1 All remaining costs for conference rooms, food, and equipment shall be captured under this Order. Proposal must indicate whether the hotel agrees to the right of ICE to use their own audiovisual equipment and if there is a cost incurred for connection to hotel sound system with use of own equipment. NOTE: Government reserves the right to hire an outside audiovisual company without any penalties incurred as part of the fair practice procurement regulations. Award is expected to be made to the offeror determined to be the Best Value to the Government in accordance with FAR 52.212-2 evaluation factors. Evaluation may be made with or without discussions with the offeror(s). The technical proposals will be evaluated for size, quality of services and accommodations, location, and experience with large conferences. ICE reserves the right to conduct an on-site inspection of offered facilities. Prices will be evaluated in terms of cost for accommodations and services, Cancellation fees, Attrition costs, and refreshments. All responsible sources that can meet the requirements and provide items as listed above may respond to this solicitation by submitting cost and technical proposals, hotel contract and descriptive literature. However, ICE will not consider or accept a proposal submitted by an offeror that is not a hotel. (This is not a solicitation for Event Planning Services or 3rd Party Event Planning Services. An offer which requires the Government to execute a separate agreement with a third party hotel shall be deemed technically unacceptable.) 4. Invoicing: It is anticipated that a Purchase Order will be issued to encompass the conference room rental and all associated technical requirements excluding individual room rentals (approx. 60 rooms) upon completion of the event and not before. Invoicing Procedures: Invoices will be submitted to the following address: DHS, ICE Burlington Finance Center P.O. Box 1620 Williston, VT 05495-1620 Attn: ICE/OPLA RE: (purchase order number) All vendor warranties, explicit or implicit, pertaining to the items or services identified on this order are incorporated as a part of this order. The contractor is requested to acknowledge acceptance of this Delivery order by signing in the space below and returning a copy of this page with signature to the Contracting Officer via fax at (214) 905-5568. Signature _________________________ Title _________________________ Date _________________________ FOR COMMUNICATION OF THIS ORDER All communications and invoices must reference the order number shown in block #3 on page 1 of the DELIVERY order. Payment inquiries should be directed to Dallas Finance Center (214) 915-6277. Direct other inquiries to Eva Fulton at the issuing office at (214) 905-5392, or you can send E-mail to eva.fulton@dhs.gov . NOTE: The contractor should not accept any instruction that results in a change to the supplies/services ordered herein from an Entity or individual other than a Contracting Officer at the issuing office. Vendor: Your Taxpayer Identification Number (TIN) is required on all invoices submitted to DHS for payment to be processed. 1. Invoices shall now be submitted via one of the following three methods: a. By mail: b. By facsimile (fax): (include a cover sheet with point of contact & # of pages) 802-288-7658 c. By e-mail: Invoice.Consolidation@dhs.gov Invoices submitted by other than these three methods will be returned. The contractor's Taxpayer Identification Number (TIN) must be registered in the Central Contractor Registration (http://www.ccr.gov) prior to award and shall be notated on every invoice submitted on or after December 1, 2007 to ensure prompt payment provisions are met. The ICE program office shall also be notated on every invoice. Payment inquiries are to be directed to Dallas Finance Center at (214) 915-6277 2. In accordance with Contract Clauses, FAR 52.212-4 (g)(1), Contract Terms and Conditions - Commercial Items, or FAR 52.232-25 (a)(3), Prompt Payment, as applicable, the information required with each invoice submission is as follows: An invoice must include (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (See paragraph 1 above.) (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer'Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer'Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. Invoices without the above information may be returned for resubmission 6. Award Determination Factors: Evaluation Commercial Items (factors listed in descending order of importance: 1. Size and quality of services and accommodations; 2. Location (distance from airport); 3. Experience with large conferences and; Price (Cost of accommodations, services, Cancellation Fee, Attrition and Refreshments). Size and quality of services and accommodations, location and experience with large conferences, when combined are more important than price), a. Advance Payments: Under no circumstances will any advance payments be made or demanded for any services or goods (including food/beverages) not yet rendered. b. Credit Application: The Federal Government is not in a position to complete a credit application and thus will not complete such. c. Insurance: The Federal Government is Self-Insured and thus no provisions or proof of insurance shall apply. d. Indemnification Clause: ICE will not agree to any Indemnification Clause as a part of an offer's Proposal for services. CLAUSES INCORPORATED BY REFERENCE (Feb 98) FAR 52.252-2 This contract incorporates one or more clauses by reference with the same force and effect as if they were given in their 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 address; http://www.arnet.gov/far. 52.212-1 Instructions to Offerors of Commercial Items 52.212-3 Offeror Representations and Certification-Commercial Items. 52.212-4 Contract Terms and Conditions-Commercial Item (Feb 2007) 52.232-1 Payments (Apr 84) 52.232-8 Discounts for Prompt Payment (Feb 02) 52.232-25 Prompt Payment (Oct 03) 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 03) 52.233-1 Disputes (Jul 02) 52.243-1 Changes; Fixed Price (Aug 87) 52.249-1 Termination for Convenience of the Government (Apr 84) 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) 3052.209-70 Prohibition on contracts with corporate expatriates. 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) All inquiries and proposals shall be submitted via email to Eva Fulton, Contract Specialist, eva.fulton@dhs.gov or via fax at (214) 905-5568 NLT-4 Dec 2008, 2PM Central Time.