1333ND24QNB190031 SF1449 Solicitation.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Cafeteria Food Service, Payment in Lieu of Rent Fee

0001 Base Period: NIST Gaithersburg food service for the full-service cafeteria and coffee bar in Bldg. 101

Payment in Lieu of Rent Fee (Ref. Section B, 3.3)

Period of Performance: 8/1/2024-7/31/2025

1.00 LO

Base Period: Catering Service

0002 Base Period: NIST Gaithersburg conference catering service

Period of Performance: 8/1/2024 - 7/31/2025

1.00 EA

Option Period 1: Cafeteria Food Service, Payment in Lieu of Rent Fee

1001 Option Period 1: NIST Gaithersburg food service for the full-service cafeteria and coffee bar in Bldg. 101.

Period of Performance: 8/1/2025-7/31/2026

Option Period 1: Catering Service

1002 Option Period 1: NIST Gaithersburg conference catering

Period of Performance: 8/1/2025 - 7/31/2026

Option Period 2: Cafeteria Food Service, Payment in Lieu

2001 Option Period 2: NIST Gaithersburg food service for the full-service cafeteria and coffee bar in Bldg. 101

Period of Performance: 8/1/2026-7/31/2027

Option Period 2: Catering Service

2002 Option Period 2: NIST Gaithersburg conference catering

Period of Performance: 8/1/2026 - 7/31/2027

Option Period 3: Cafeteria Food Service, Payment in Lieu

3001 Option Period 3: NIST Gaithersburg food service for the full-service cafeteria and coffee bar in Bldg. 101

Period of Performance: 8/1/2027-7/31/2028

Option Period 3: Catering Service

3002 Option Period 3: NIST Gaithersburg conference catering

Period of Performance: 8/1/2027 - 7/31/2028

PAGE 3 OF 81 1333ND24QNB190031

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Option Period 4: Cafeteria Food Service, Payment in Lieu

4001 Option Period 4: NIST Gaithersburg food service for the full-service cafeteria and coffee bar in Bldg. 101

Period of Performance: 8/1/2028-7/31/2029

Option Period 4: Catering Service

4002 Option Period 4: NIST Gaithersburg conference catering

Period of Performance: 8/1/2028 - 7/31/2029

Extension Period: Cafeteria Food Service, Payment in Lieu of Rent Fee

5001 Extension Period: NIST Gaithersburg food service for the full-service cafeteria and coffee bar in Bldg. 101

Period of Performance: 8/1/2029-1/31/2030

Extension Period: Catering Service

5002 Extension Period: NIST Gaithersburg conference catering service

Period of Performance: 8/1/2028 - 1/31/2030

PAGE 4 OF 81 1333ND24QNB190031

Table of Contents

Section A Standard Forms

Section B Scope

Section C Contract Clauses

NIST LOCAL-53CONTRACT PERFORMANCE DURING CHANGES IN NIST OPERATING STATUS

NIST LOCAL-55ELECTRONIC BILLING INSTRUCTIONS FOR DELIVERY/TASK ORDERS

NIST LOCAL-56INVOICING PROCESSING PLATFORM-ALTERNATE I (DEC 2022)

Section D Documents, Exhibits, or Attachments

Section E Solicitation Provisions

PAGE 5 OF 81 1333ND24QNB190031

CLAUSES

Section A Standard Forms

PAGE 6 OF 81 1333ND24QNB190031

SECTION A - STANDARD FORM(S)

REFER TO SF1449

Section B Scope

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PWS as of 13 December 2023 1

NATIONAL INSTITUTE OF STANDARDS AND

TECHNOLOGY (NIST)

GAITHERSBURG, MD

PERFORMANCE WORK STATEMENT (PWS)

FOR

CAFETERIA FOOD AND CONFERENCE CATERING SERVICES

SOLICITATION NUMBER

1333ND24QNB190031

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PWS as of 13 December 2023 2

TABLE OF CONTENTS

Section B - Continuation of SF1449

1. General Information

INTRODUCTION

1.1. Scope of Work

1.2. Provided by Contractor

1.3 Contract Administration and Management

1.4. Responsibilities/Furnished by the Government

1.5 Property Management System (PMS) Procedures

1.6. Rights and Authority of the Government

1.7. Protection and Damage

1.8 Contractor Planning and Resource Management

1.9 Security Requirements

1.10 Quality Program Requirements

1.11 Safety Requirements

2. Specific Requirements for Catering Services

2.1 Food and Beverage Requirements

2.2 Service Requirements

2.3 Equipment Requirements

3. Contract Administration Data

3.1. Operational Profit and Loss

3.2 Point of Sale

3.3 Payment in Lieu of Rent

3.4 Purpose of Payment in Lieu of Rent and Payment Schedule

3.5 Failure to Perform

3.6. Proprietary Marks

3.7. Business Licenses, Taxes & Assessments

3.8. Termination of Contract by Contractor

4. Deliverables

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PWS as of 13 December 2023 3

SECTION B - CONTINUATION OF SF1449

1. GENERAL INFORMATION

INTRODUCTION

This Performance Work Statement (PWS) is developed to support the Department of Commerce (DOC), National Institute of Standards and Technology (NIST) food service and conference catering requirements. The Contractor shall provide quality services in support of the installation food service program with flexible, efficient, and cost-effective services through management innovations and use of industry best practices, where applicable, while ensuring compliance with all applicable laws, rules, and regulations.

The United States Government uses the Performance-Based Services Acquisition (PBSA) strategy to provide the descriptions, instructions, and references in this document. The Government provides additional details or references when experience indicates a need exists to drive a specific effective and efficient outcome. The presence of these additional details or the absence of these details reflect the performance-based nature of this format and should not be construed to mean this performance-based document lists all implied tasks necessary to achieve the successful level of performance. Referenced publications, regulations, and guidance in this PWS provide specific performance standards; the Contractor, Subcontractors (herein the Contractor) must adhere to those standards unless specific relief has been given, in writing, by the Contracting Officer (CO).

The CO or his/her designated representative will be the point of contact (POC) concerning administration and performance of the contract. The Contracting Officer’s Representative (COR) monitors all aspects of the contract and assists in contract administration.

Both the CO and COR can provide guidance. Only the Contracting Officer can make changes to the contract.

All work under this effort is subject to inspections and performance assessments. Failure to meet the contract requirements may result in costs charged against the contractor, claims, cure notice, and/or termination. The Government reserves the right to seek consideration in the event of un-resolved contract discrepancies and serious incidents impacting the effort.

1.1. SCOPE OF WORK

The Contractor must establish and operate the food service facilities described herein for the purpose of dispensing food, nonalcoholic beverages, supporting catering events as requested and such other items as may be authorized by the CO in accordance with the terms and conditions of this contract.

The Contractor must establish and operate in the Contractor's name, the food service facilities for the purpose of dispensing food, nonalcoholic beverages and such other items as may be authorized by the COR, in accordance with all terms and conditions specified herein at each of the following facilities.

The Contractor shall provide all personnel, equipment, with the exception of Government Furnished Property (GFP), materials and labor necessary to perform Cafeteria Food and Conference Catering Services. The Contractor shall be responsible for food production and the overall operation of the facilities; duties include responsibility for inventory, maintaining facilities' equipment, order and supplying food, establishing menus, and food prep and storage. The Contractor shall perform the requirements, conform to the professional standards, and follow all applicable instructions and directives as identified by this PWS.

The Contractor shall serve a variety of foods; provide prompt, efficient, courteous service; and avoid undue interference with the operation of buildings in which services are provided. The Contractor shall employ suitably trained and experienced personnel, secure and maintain insurance, maintain records, submit reports, and observe all contract requirements. The Contractor shall resolve non-emergency issues and report to COR The Contractor shall pay all fees, costs, or other charges associated with contract performance.

The Contractor shall prepare, store, and serve foods in compliance with all relevant food safety codes. The Contractor shall provide menu selections that allow guests to purchase foods to enable them to voluntarily comply with the U.S. Department of Agriculture’s (USDA). Dietary Guidelines (see http://www.health.gov/DietaryGuidelines/). Variety and appearance of food in the cafeteria on each operating day shall be consistent with offerings provided in similar operations. Menus shall be prominently displayed during each serving period. Menus shall be posted at or near the cafeteria entrance and near the service areas.

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PWS as of 13 December 2023 4

Breakfast menus shall include a basic combination of healthy food and beverage selections (e.g., eggs, meats, juices, milk, fruit, cereals, nuts and grains, rolls, pastries). Buffet and/or short orders shall feature traditional breakfast selections including at a minimum, eggs, breakfast meats, potatoes, pancakes and/or waffles, toast and assorted breads, condiments, etc.

Lunch menus shall offer selections in usage-based quantities, combinations and food which include, at a minimum, buffet and/or a la carte prepared soup, grill, and deli items, entree(s), vegetable(s), salad(s), dessert(s), and hot and cold beverages.

The objective of the food service is to offer variety to minimize menu fatigue. The menu shall be designed to include both standard core selections, as well as a rotating cycle menu that would include a rotation of food types, multi-cultural offerings, and daily specials. The related menu items are prepared in advance or at a minimum, station attendants are producing a select menu item as needed but ahead of guests to incite freshness.

The NIST food service operation consists of one main dining facility located in Building 101, an independent coffee bar in Building 101, as well as conference centers located on the NIST Gaithersburg campus and conference rooms at the National Cybersecurity Center of Excellence (NCCoE) in Rockville, Maryland.

The Contractor is responsible for providing meal services during all planned conferences, defined as those events occurring through the conference meeting and event office of NIST and not office-related luncheons or special parties. There are approximately 16 conference rooms located on the Gaithersburg Campus and 6 located at the NCCoE.

The contractor shall operate on a “for-profit” basis and be responsible for ancillary type tasks in relation to providing food.

All services provided by the Contractor in this contract shall be performed in accordance with all applicable local, state and federal laws, regulations and policies. In the event of a conflict between any law and regulation, the more stringent rule shall apply.

Contractor tasks include but are not limited to:

• dining facility management functions,

• food requisitioning,

• receiving and storage,

• food preparation,

• food serving,

• facility sanitation duties,

• performing cashier services,

• cleaning dining facilities (to include both dining rooms, kitchen), equipment and utensils;

• cleaning tables in the interior and exterior dining areas (during cafeteria operating hours);

• handling food, supplies, and equipment;

• maintaining quality control and the associated logistics analysis and management functions in support of the installation’s mission

Note: The minimum requirements above may be negotiable and alternative menu options may be discussed at the discretion of the Contracting Officer and/or the designee post-award pending evaluation of actual usage data. The awardee is responsible for collecting and presenting the data. The data may be evaluated and reviewed against other available data to the Government.

1.2. PROVIDED BY CONTRACTOR

The Contractor must pay all fees, expenses, or other charges incident to or resulting from operations under the Contract as more specifically set forth herein.

1.2.1. Food Service Guidelines

The Contractor is responsible for operating in accordance with the Food Service Guidelines which provides standards for food safety, nutrition, facility efficiency, environmental support and community development, and behavioral design in food service operations at federal facilities. This includes offering vegetarian, vegan, organic, and healthy food choices. The Guidelines can be found on the Centers for Disease Control and Prevention’s website: https://www.cdc.gov/obesity/strategies/food-serv-guide.html.

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PWS as of 13 December 2023 5

1.2.2. Procedures for Future Price Adjustments/Changes.

The contractor must submit a request for any menu adjustments to the COR in writing at least 45 days prior to the requested change. Such adjustments may include changes to prices, portions, or items offered for sale (Excluding daily or weekly promotional menu items). All requests must include and be provided in a format approved by the COR and should include:

• Detailed explanation of the requested modification,

• date of proposed menu change, and

• applicable supporting documentation justifying the request.

Supporting documentation may include but not limited to:

• evidence of changes in cost to items/ingredients,

• a market basket survey of at least 3 similar food facilities in the local area (COR accepted locations), and

• other documentation as the COR deems acceptable.

Once the request and all documentation have been accepted by the COR, the COR will have 30 calendar days to review the request and notify the contractor of the decision. Upon approval, the contractor must post a notice to customers in prominent locations of the cafeteria for at least 14 calendar days prior to implementation of the menu adjustment. For temporary price surges brought on by supply disruptions (i.e., natural disasters, etc) or other external market forces beyond the contractor’s control, the contractor may request a temporary surcharge or menu change until the cost of the subject item stabilizes. Once costs stabilize the former approved price shall be reestablished or the item returned to the menu as previously agreed. It should be noted that the Government expects menu item pricing to be less than the pricing of similar regional commercial facilities, by a minimum of 10% due to the Government providing a fully furnished facility and not charging rent or utilities.

1.2.3. Equipment and Supplies Furnished by the Contractor.

All required equipment and supplies must be provided by the Contractor. Such equipment might include (but is not limited to):

kitchenware, serving utensils, napkin and utensil dispensers, food trays, menu boards, telephone, computer, office furniture/equipment, and all appliances needed to meet the requirements of the contract that are not necessarily provided by the government. The Contractor must repair or replace such equipment and utensils as necessary. All items provided by the Contractor must be of good quality (consistent with current business and industry standards), suitable for the purpose of its intended use, kept clean, and in good working order.

1.2.3.1. Disposable Products

The contractor must provide disposable products that meet Biopreferred® Federal Purchasing standards (www.biopreferred.gov).

The use of products constructed of polystyrene foam (i.e., Styrofoam) is prohibited.

1.2.3.2. Point of Sale (POS) System

The Contractor must provide a POS system that accepts credit and debit cards. Mobile and online payment methods are highly encouraged.

1.2.3.3. Waste Receptacles

Waste receptacles must have self-closing tops and be made of hard non-toxic plastic material. Single-service compostable liners shall be used in conjunction with these receptacles.

The Contractor should maintain a physical inventory of all Contractor-owned equipment on site. All Contractor-owned equipment shall remain the property of the Contractor throughout the contract term.

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PWS as of 13 December 2023 6

1.2.4. Sanitation and Quality

i. The Contractor shall serve quality food under clean and sanitary conditions in accordance with the provisions and recommendations contained in the most recently published guides and publications:

1. Food Code

2. U.S. Public Health Service publication and all local codes and regulations relating to food service sanitation and procedures.

3. U.S. Dietary Guidelines for Americans

ii. Any documentation required by federal, state, or local authorities shall be available on site for COR review (i.e., Safety Data Sheets (SDS), Hazard Analysis and Critical Control Point (HACCP), etc.). The Safety Data Sheets (SDS) shall be onsite prior to the start date of the contract and remain updated on site.

iii. All foods served shall be wholesome and free from spoilage, free from adulteration and misbranding, and safe for human consumption. Uncooked items, such as fresh fruits, shall be clean and free from blemishes.

iv. Any suspected outbreak of illness, whether involving employees or visitors, is to be reported immediately to the Agency and COR and to a public health consultant. A suspected outbreak of human illness results when two or more persons have common symptoms that could be associated with contaminated water or food sources or other adverse environmental conditions.

1.2.5. Solid Waste/Trash/Recycling Management

Contractor must follow/maintain waste reduction and recycling programs conducted in the building (i.e., paper and metal recycling) including;

• Using building-provided recycling and waste removal services for waste generated from concession operations.

• Maximizing the use of recyclable-content and compostable products (chlorine-free and are petroleum-free) compatible with the building’s recycling/compost program.

• Contractor is highly encouraged by partnering and engaging with a food bank donation program.

• Recycling waste cooking oil (if applicable).

The Contractor will strategically place trash/recycling receptacles throughout the dining area in order to facilitate proper disposal of waste (trash, recycling and/or compost) by patrons. The Contractor will provide busing service during service hours to remove any remaining waste and assure that tables and chairs are kept clean during service hours. Contractor is responsible for maintaining and emptying trash receptacles from the dining room during and after service.

1.2.6. Personnel and Supervision

The Contractor must employ sufficient professional personnel to meet the terms of this contract, including:

Facility Manager (Project Manager/Cafeteria Manager): Reference Section B, Paragraph 1.2.6.2.1.

Staff: All employees performing work under this contract must be:

• Sober, conscientious, and courteous.

• Physically able to do their assigned work.

• Free from communicable diseases.

• Customer-facing staff able to effectively communicate in English in order to carry out all duties assigned to them and to communicate with patrons.

• Neat in appearance and wear a distinctive uniform of professional appearance that displays the company logo, a hair net or other suitable head covering, and appropriate gloves while handling food. While in the building, the employees must wear a legible name badge at all times.

• In compliance with building rules and regulations at all times while onsite.

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PWS as of 13 December 2023 7

1.2.6.1. Staffing Matrix

Staffing in the dining facilities is critical to successful performance. As such, any changes to the contractor’s approved Staffing Matrix shall be submitted to the COR for review and approval at least 30 days prior to change. The approved Staffing Matrix shall be signed by the CO, COR, and the Contractor. The contractor shall ensure staffing is maintained during the performance of any Food Services.

1.2.6.2 Key Personnel

The Government has determined that certain positions, for the purpose of ensuring the Contractor can satisfy minimum experience and certification requirements, are key and essential. Key positions must be filled within 24 hours of being vacated, as a temporary mitigation, and filled within 30 days with a permanent employee. The COR must be notified immediately upon replacement (temporary and permanent) of key personnel and the CO must be notified and a revised Staffing Matrix submitted within 72 hours.

1.2.6.2.1. Project Manager/Cafeteria Manager (PM/CM)

A qualified full-time food service person shall act as manager of the facility. The manager will have delegated authority to effectively manage the day-to-day operation of the cafeteria including: executing the terms of this contract, supervision of personnel and training, menu planning, purchasing, cost control, sanitation, customer satisfaction, etc. The manager must be onsite during all cafeteria open hours for the entirety of this contract. The manager must be replaced within 30 days, upon the request of the COR.

During any absence of the manager, the COR shall be notified immediately (within 2 hours), and the substitute personnel identified.

The manager is required to have a PIV.

The manager shall have a minimum of 5 years general supervisory experience and a minimum of 3 years’ experience of successfully managing cafeteria style or multi-entrée operations, catering or Government cafeteria operations providing complete meal service (breakfast and lunch), of a similar size and scope as the proposed requirement. The manager shall have and maintain a current (within the last 5 years) Food Protection Manager Certificate prior to performing contract requirements. The certification must be from an accredited program by the American National Standards Institute (ANSI) and the Conference for Food Protection. The manager has overall responsibility for the site’s Quality Control (QC). The manager shall be the primary point through which technical communications, prioritization of effort, team standardization, and technical direction flow between the Government and the Contractor. The PM shall return all Government (CO, COR, etc.) calls within two hours during operational hours.

1.2.6.2.2. Catering Services Manager (CSM)

The Contractor shall provide an on-site Catering Services Manager who will be responsible for ensuring the Contractor's and any Subcontractors' performance meets the requirements of this PWS. The CSM shall possess a minimum of 2 years’ experience in supervising catering staff and at least 3 years’ experience in providing event planning and catering services.

1.2.6.2.3. Quality/Food Safety Training Manager (QFSTM)

The Contractor shall provide a Quality/Food Safety Training Manager (QFSTM) who will be responsible for training Contractor employees with a focus on quality food preparation and service methods. The QFSTM is permitted to be offsite at the corporate office.

The QFSTM shall be a dedicated position and shall be independent of the Contractor's management and supervisory staff. The QFSTM shall have a culinary associate degree from an accredited college, at possess at least 5 years food safety training experience, and have a current Food Protection Manager Certificate. The certification must be from an accredited program by the American National Standards Institute (ANSI) and the Conference for Food Protection.

1.2.6.3 Employee Conduct, Behavior, and Ethics

The Contractor shall ensure employees comply with all applicable Government regulations, policies and procedures and all personnel employed under this contract conform to conduct regulations contained in FAR Clause 52.203-13, Contractor Code of Business Ethics and Conduct. The Government may direct the Contractor to remove any Contractor employee from the Government premises IAW the authority of the Government. Removal does not relieve the Contractor of the responsibility to continue providing the services required under the contract.

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PWS as of 13 December 2023 8

The name, "National Institute of Technology (NIST)" is a registered trademark. Except as may be otherwise provided in the contract with contractor, the contractor shall not refer to the NIST facilities in any manner or through any medium, whether written, oral, or visual for any purpose whatsoever, including but not limited to, advertising, promotion, publicity, solicitation, or fund-raising, without the prior written permission of NIST.

1.2.6.4 Training Requirements

The Contractor shall ensure all Contractor employees are fully trained, licensed, certified, and otherwise qualified to provide services IAW contract requirements. The Contractor shall provide necessary training to employees to ensure competent performance. All training records shall remain on-site and shall be made available for Government review upon request.

The Contractor shall provide a written report to the COR at the end of each month listing each employee and date of attendance of required training courses. All training that has been completed within the last month shall be highlighted. This report shall also indicate any employee that has not received the required training within the established training timelines provided.

1.2.6.4.1. Food Sanitation, Safety Training and Nutritional Training The Contractor shall ensure all Contractor employees receive Food Sanitation and Safety Training per State and local guidelines. The Contractor shall ensure Contractor employees receive food sanitation and safety training within 30 days of beginning food service duties and shall receive refresher food sanitation and safety training at least annually or as often as necessary to ensure awareness of responsibilities in safe food handling.

1.2.6.4.2. Information Technology (IT) Training

All Contractor employees requiring access to Government computers/networks shall complete annually (1) read and acknowledge understanding of the NIST Directive on Access and Use of IT Resources, and (2) participate in IT security and privacy training prior to being granted access to any Government network. All users who require network access will complete initial and annual training thereafter. If during performance of the contract IT security requirements or access policies change, the Contractor will be required to follow and adhere to the new or updated policies.

1.2.6.4.3. Sexual Harassment and Sexual Assault Training

All Contractor employees must complete Sexual Harassment and Sexual Assault Training IAW the Contractor’s Sexual Harassment and Sexual Assault Training Plan.

1.2.6.5 Vehicle Operators

Contractor employees or employees of Subcontractors shall have proper state registration, proof of insurance, and a valid driver's license to operate privately owned vehicles (POV) on the installation. Current requirements may change when dictated by security conditions.

1.2.7. Contractor Performed Repairs

a) The Contractor shall be responsible for Government-Furnished Property (GFP), to include ensuring that operator-level maintenance and calibrations, as specified by the equipment technical manuals or manufacture instructions, are scheduled and performed on all applicable equipment per the Contractor’s PMS procedures. The Contractor shall do minor repairs on equipment such as insulated food/beverage containers, bussing carts, etc. The Contractor shall purchase and replace hinges, latches, wheels, and other ancillary items. The Contractor shall notify the COR when property is no longer functional/serviceable. The contractor shall initiate all service-order requirements and ensure the method for reporting and recording work-order requirements is IAW the NIST’s work-order procedures.

b) The Contractor is responsible for the repair and the repair cost (material, parts, and labor) of Government-owned equipment not to exceed $500.00 per repair. The Contractor shall immediately report any potential repair expected to exceed the $500.00 threshold to the COR. The COR will provide guidance on how to proceed with the repair. The Contractor must submit a log/record of equipment repaired, description of repair, date of repair, contractor performing repair, and cost of repair monthly to the COR.

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PWS as of 13 December 2023 9

c) The Contractor must perform repairs in a timely manner whenever they are required and shall notify the Government via e-mail when such work is being accomplished. Repairs on cafeteria equipment covered by a warranty or guarantee agreement shall not be initiated without the prior approval of the Government.

d) The Contractor shall immediately report any potential need of repairs when it may be in the best interest of the Government to consider replacing rather than repairing the equipment. The Government-designated representative will provide the decision to proceed with the repair or equipment replacement.

e) The Contractor will be responsible for all equipment repair costs or replacement costs due to improper use, vandalism, or abuse by Contractor employees, as well as costs for repairs that were not pre-approved by the appropriate authority.

1.2.8. Cleaning and Janitorial Services

a. The Contractor agrees to furnish all labor, supplies, materials, equipment, and supervision sufficient to maintain the cafeteria areas and food service equipment (including hoods and/or water wash down system) within its areas of responsibility in a clean, orderly, and sanitary condition at all times as detailed below. In connection with the performance of this contract, the Contractor must not use any material which the Government determines would be unsuitable for the purpose or harmful to the surfaces to which it is applied.

b. The Contractor is responsible for the cleaning and maintenance of all serving-area counters and associated equipment. The Contractor is responsible for the daily cleaning and maintenance of the serving area, floors that are behind the serving counters and considered “non-public”. The Contractor must maintain the “public” serving area floors in a clean condition and spillage-free during and after service hours. The Contractor is responsible for daily cleaning of the serving area floors that are considered “public” and a periodic deep cleaning of serving area flooring as necessary.

c. The Contractor must maintain the Cafeteria dining room area flooring/carpet in a clean condition and spillage-free during service hours. The Contractor must leave the dining room flooring/carpet in “broom clean” condition and spillage-free after service hours.

The Contractor is responsible for the daily cleaning and maintenance of dining room flooring/carpet after service hours.

d. The Contractor will be responsible for maintaining and cleaning dining room equipment including, but not limited to, tables, table tops and bases, chairs, booths, counters, dining tray carts, and trash collection stations. The Contractor will also be responsible for removing trash and recyclables from the dining room collection points during and after service periods.

e. The Contractor will be responsible for the cleaning and maintenance of the entire kitchen area.

f. It is the responsibility of the Contractor to keep building areas and items utilized by the Contractor in a clean and sanitary condition, including but not limited to: walls, ceilings (excluding Building heating ventilation and air conditioning louvers, lighting fixtures or other building equipment that is part of a general building mechanical system), floor drains, kitchen, Serveries, storage areas, loading docks and dumpster locations, dining area tables, chairs and floor, et al.

g. The Contractor will be responsible for complying with GS-42 Green Seal Environmental Standard for Cleaning Services during the term of this Contract. For program details and additional information on Green Seal or any of its programs please visit www.greenseal.org.

h. The Contractor must comply with all custodial product standards. The Contractor shall make every reasonable effort to use environmentally friendly "green" products in the cleaning and maintenance of the building. No bleach is to be used on any occasion without the COR's permission. No ammonia is ever to be used. The Contractor shall comply with all federal and state rules and regulations, Presidential Executive Orders, etc., as regards green products, recycling, etc.

i. Failure to keep any of the facilities that are the responsibility of the Contractor in a clean and sanitary condition satisfactory to the CO or the COR may result in either or both of the following:

i. The CO or the COR may have the facility cleaned by other means and the cost of such work charged to the Contractor.

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ii. The Contractor will assume the cost for the daily cleaning and maintenance of dining room flooring/carpet and/or serving area floors after service hours, trash removal and/or rodent/pest control if such costs are otherwise the responsibility of the Government.

The COR may require additional cleaning as deemed necessary. Prior approval of the Facility Manager is required in order to perform work on weekends or Federal holidays.

1.2.9. Security Areas

The Contractor is responsible for the security of all areas under the guidance of the Contractor. The Contractor is responsible for determining that all equipment has been turned off, that windows are closed, lights and fans turned off, faucets are turned off, no visible leaks and doors locked when the cafeteria is closed.

1.2.10. Hazardous Conditions

The Contractor is responsible for identification, prevention, and/or clean-up of unsanitary or hazardous conditions. This shall include any employee, agent or representative of the Contractor, Federal employee or other patrons of the food service facility and shall be applicable to any portion of the facility that is under the jurisdiction of the Contractor.

a. Identification and Notification: The Contractor is responsible for identifying any hazardous conditions that may develop in the space assigned to it and must immediately notify the COR of the condition. The Government does not warrant or guarantee that no possible safety hazards exist.

b. Compliance with OSHA: Compliance with the Occupational Safety and Health Act and other applicable laws and regulations for the protection of Contractor employees and subcontractor employees performing the requirements defined in this specification is exclusively the obligation of the Contractor. The Government will assume no liability or responsibility for the Contractor’s compliance or noncompliance with such requirements.

1.2.11. Liability

The Government will not be responsible in any way for damage or loss occasioned by fire, theft, accident, or otherwise to the Contractor's stored supplies, materials or equipment, or the employees' personal belongings. Any personal injury or physical damage to the building or equipment resulting from fire or other causes must be reported to the Facility Manager immediately.

1.2.12. Occupant Emergency Program

The Contractor must notify the local fire department in the event of fire. All Contractor employees must follow building procedures for Fire, Shelter in Place (SIP) and drills. The Contractor and its employees must be familiar with and follow the Designated Agency Representative and the Occupant Emergency Plan, a self-protection plan developed in accordance with NIST guidelines. A copy of this plan is available through the Designated Agency Representative.

1.2.13. Reporting Requirements

a. Monthly (or four week) Operating Statements:

The Contractor must furnish copies of the monthly (or four week) profit and loss operating statement to the COR within twenty (20) days after the end of the monthly (or four week) accounting period. The profit and loss statement must be submitted on the attached NIST Form included in the attachment section. The CO or representatives will examine and audit all phases of the financial operation of the food services provided by the Contractor as necessary.

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On a monthly basis, the Contractor is also required to provide the following information relating to patronage and sales:

Reporting Period: Month/Year

Revenue Days: #

Total Sales Customer Count Check Average

Breakfast $0.00 # $0.00

Lunch $0.00 # $0.00

Coffee Bar $0.00 # $0.00

Monthly/accounting period and annual roll-up reporting must include gross sales percentages and customer count summaries derived from approved healthful and organic menu items as a means to track the effectiveness of the wellness initiatives. should reconsider this requirement unattainable as a standard requirement.

Failure to submit requested financial information to the CO or COR in a timely manner as defined above, and at the discretion of the CO, may result in the Contractor assuming the cost of possible claims, equitable adjustments, or other negative contracting actions.

b. Contractor certification of end-of-fiscal year statement:

All cafeteria Contractors must certify their end-of-fiscal-year profit/loss statements for submission to the COR no later than 90 days after the end of the fiscal year.

c. Equipment records:

Within 30 days of the contract start date, the Contractor must acknowledge, in writing to the COR, receipt of the Government-owned equipment listed in the attached Equipment Inventory and properly track all additions, replacements and removals of Government-owned equipment during the course of the contract, the Vendor, at the end of each fiscal year shall submit a revised inventory reflecting any changes that may have occurred.

1.2.14. Operating Expenses

a. The Contractor is permitted to incur the usual type of operating expenses for cafeteria services as detailed in the attached profit and loss statement. Expenses listed under Other Costs must be detailed by the Contractor. Operating expenses are the actual net costs after deduction of trade discounts, cash discounts, rebates, etc., which accrue or which the Contractor becomes obligated to pay because of operations under the contract.

b. The following are not allowable as operating expenses under the terms of the contract, but are to be recovered as part of the administrative expense or General Overhead in an amount not to exceed 3.0% of sales:

i. Payroll computations and disbursements of employee salaries.

ii. Wages and salaries of home-office employees and general administrative, executive, and management officials for general supervision of the contract.

iii. Wages and salaries of home-office employees and general administrative, executive, and management officials for opening expenses at start-up of the contract.

iv. Accounting expenses, including costs of preparing financial reports.

v. Supervision of facilities by Contractor's home office personnel.

vi. Other wages and salaries to the extent that they exceed those normally paid for similar work in the locality, unless approved by the CO.

vii. Home Office management costs, such as general management overhead, transportation of management personnel, and any other indirect management costs, as related to this contract.

viii. Repairs necessary as the result of negligence of the Contractor or his employees.

ix. Payment for forms and other supplies or stationery.

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x. Depreciation (unless project/investment is approved by CO or COR)

xi. Transportation costs for contractor employees or vehicle costs unless such use is determined to be a part of this contract requirement and has prior approval by the CO.

Other expenses may not be incurred as operating expenses without the approval of the CO.

1.2.15. Energy Conservation Guidelines

The Contractor is required to submit a comprehensive energy and water conservation plan as part of this RFP. Such plans are subject to verification and inspection by government authorized personnel. The Contractor is to purchase and use Energy Star (energystar.gov) equipment in the performance of this Contract.

The Contractor is responsible for securing lights and cafeteria/kitchen equipment during periods of non-active operations that are not essential for safety, security, or sanitation. If such items are not secured, the CO may invoice Contractor for energy used. Energy audits may be randomly conducted during and after operating hours to ensure Contractor adherence to sound energy conservation practices, including usage and conservation of water and energy.

1.2.16. Telephone and Computer Systems

The Contractor is responsible for installing, connecting with and paying for the telephone system and other computer connections/lines etc. as needed to fulfill obligations under this Contract. The Contractor must coordinate the installation of all telephone and computer lines with the Agency.

1.2.17. Building Space

a. Space Modifications: The Contractor must secure written permission from the COR and Government prior to performing any physical modification of the building space. In addition, the Contractor must provide all construction documentation including estimated cost, if any, describing, in detail, the modification requested prior to proceeding with the work.

b. Returned Space: The Contractor must exercise reasonable care in the use of Government space and Government-owned equipment. Upon contract termination, the Contractor must return space and equipment in as good condition as when received, except for ordinary wear and tear, or damage/destruction beyond the Contractor's control and not due to the Contractor's fault or negligence.

1.2.18. Preventive Maintenance

a. The Contractor must perform a preventive maintenance (PM) program on all Government-owned equipment. The PM program must be approved by the COR prior to start of contract. The cost of the PM program is not part of the annual cost of repairs.

b. The PM provided by the Contractor must be in accordance with the manufacturer's suggested maintenance guide for each individual piece of equipment. PM follow-thru by the Contractor is essential to ensure equipment is maintained properly. If the Contractor fails to follow the PM instructions regarding proper operation or cleaning of Government owned equipment, the CO and/or COR have the right to seek service from a third party and charge.

1.3 CONTRACT ADMINISTRATION AND MANAGEMENT

The Contractor shall successfully integrate and coordinate all activity needed to comply with contract requirements. The Contractor shall respond to Government requests for contractual actions within 3-5 days. The Contractor shall provide corrective action plans, proposal submittals, identification of issues, and effective management of Subcontractors (when applicable).

The Contractor shall maintain continuity between the operations at the installation and the Contractor's corporate offices.

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1.3.1 Performance Management Review Meetings

The contracting office will hold periodic status or progress meetings (referred to as Performance Management Reviews) with the CO, COR, Contractor, and other personnel as necessary. These meetings will be held at least quarterly to discuss problems, progress of the contract, and contractor performance. The Contractor shall participate and provide any necessary briefings and supporting data.

The Contractor is responsible for taking and distributing all meeting minutes and notes. The Contractor shall submit the draft copy to the COR within 2 business day of the meeting prior to distributing to the necessary parties. The Contractor shall distribute the final copy NLT 5 business days following the close of the meeting.

1.3.2 Subcontract Management

If requested by the CO or COR, the Contractor must provide contracts or subcontracts, which provide services required under this contract. Any subcontractor shall remain subject to the terms and conditions noted in this contract.

The Contractor shall manage all sub-contracts necessary to integrate work performed on this requirement and the Contractor shall be responsible and accountable for Subcontractor performance on this requirement. The Contractor shall manage work distribution to ensure there are no Organizational Conflict of Interest (OCI) considerations. The Contractor shall file sub-contract reports in the electronic Subcontracting Reporting System (eSRS). Prime/ Higher Tier Contractors shall inform their Subcontractors to enter their reports in eSRS under the flow down requirement. Contractors shall provide a notification e-mail address in the report for the federal Government agency.

1.3.3 Inventory Management

1.3.3.1. Start-Up / Phase-in inventory

A joint inventory of Government property shall be completed by the Contractor and authorized Government representative within 30 days after the contract effective date. Items of equipment missing or not in working order shall be recorded and the COR shall be notified in writing. The Contractor and the Government representative shall jointly determine the working order and condition of all equipment and document their findings. Rejection of any property by the Contractor shall not relieve the Contractor of responsibility in performance of this contract. The Contractor shall not use property provided by the Government for any purpose other than the performance of this contract.

1.3.3.2. Annual Inventories

The Contractor shall conduct inventories on Government-Furnished Property (GFP) on an annual basis IAW the approved PMS and provide the results to the COR IAW the format identified provided by NIST.

Following the inventories, the Contractor shall provide the CO and COR a current GFP listing update. Disposition information and documentation of any missing, lost, damaged or unaccounted for GFP shall be included in the notes column.

1.3.3.3. Phase-Out / Final inventory

The Contractor and Government representative(s) shall conduct a joint inventory 30 days prior to contract completion.

1.3.3.4 Disposition

Any required disposition of GFP (as determined by the Government) shall be coordinated with the COR or CO. Physical disposition of GFP shall not be performed by the Contractor.

1.3.3.5. Contractor-Owned Equipment

All Contractor-owned or -furnished equipment shall be clearly marked/labeled. Upon completion or termination of this contract, the Contractor shall remove all Contractor-owned or -furnished equipment/property at Contractor’s expense.

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1.3.4 Change Fund

The Contractor shall furnish a sufficient change fund for the sale of meals at each Contractor-operated dining facility.

1.4. RESPONSIBILITIES/FURNISHED BY THE GOVERNMENT

1.4.1. General

The Government shall provide, without cost, the facilities, materials, and services listed below.