Food_Service_PWS32019JM.docx

PERFORMANCE WORK STATEMENT (PWS)

FOOD SERVICE

National Mine Health and Safety Academy

1. General. The National Mine Health and Safety Academy (Academy) is a residential training facility operated by the Mine Safety and Health Administration (MSHA). It is the world’s largest facility devoted to health and safety in mining. It is a central training facility for Federal mine safety and health inspectors, mine safety professionals, other government agencies, the mining industry and labor. The Academy has 18 classrooms, 10 laboratories, and the Mine Simulation Laboratory (MSL). The Contractor shall 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 contracting officer (CO) or Contracting Officer’s Representative (COR) in accordance with the terms and conditions of this contract.

1.1. Scope of Work. The Contractor shall 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 Contracting Officer's Representative (COR), in accordance with all terms and conditions specified herein.

1.2 Background. This food service will operate primarily for the students but there are approximately 150 building occupants. In addition, the National Mine Health and Safety Academy (Academy) has approximately 230 students in residence on a weekly basis, Monday through Friday. Occasionally there will be student weekend stayovers. The Academy has visitors during the day that attend short seminars, on-site meetings and other functions. These visitors have access to the food service but may not necessary “overlap” the breakfast or lunch period.

The Academy estimates ten percent (10%) of the federal employees listed above telework on a fixed schedule a minimum of one or two days each week, and that twenty percent (20%) of the federal employees listed above work a compressed alternate work schedule (AWS). Compressed AWS schedules provide employees one day off (typically a Monday or Friday) every two weeks.

The Academy’s Student Services Branch will furnish the Contractor with a 3-week planned student enrollment figure. The Government shall not be held responsible for any variation from this employee and/or student population figure since the extent of occupancy is not guaranteed.

The contractor shall also operate the Student Store and vending machine services at the Academy. The Contractor shall provide prompt, efficient, and courteous service, and avoid undue interference with the operation of buildings in which services are provided. The contractor shall, an all respects, conduct the Food service operation in accordance with all accepted industry practices and comply with all local, state and federal health regulations.

1.3 Period of Performance. The contract shall be for a period of 1 Year base plus 4 option periods.

The POP is anticipated to be as follows:

1.4 General Information

1.4.1 Quality Control: The contractor shall develop and maintain an effective Quality Control Program (QCP) to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QCP is the means by which he assures himself that his work complies with the requirement of the contract. The QCP shall be delivered to the Contracting Officer and the Contracting Officer Representative 10 working days after contract award. The Government will accept or submit any proposed changes to the QCP within 10 working days after receipt of such plan. After acceptance of the QCP the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

1.4.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.4.3 Recognized Holidays: The contractor is not required to perform services on the following days:

1.4.4 Hours of Service:

A. Service Schedule.

Food services will be provided 5 days per week, Monday through Friday (except for holidays observed by the Federal Government) at a minimum for the below listed hours. The food service will remain open daily until 1pm for student classroom breaks. If requested for afternoon classroom breaks, coordination with food service director and COR is required. The schedule is as follows:

On weekends, Saturday and Sunday, when requested by the Government, cafeteria services will be provided as follows:

The above hours are minimum hours to which the Contractor must adhere; if the Contractor wants to extend the service schedule to increase its financial viability, the hours can be extended. Changes must be requested in accordance with modification to service schedule. The Contractor has the option of opening for the dinner period to increase its financial viability without a financial guarantee from the Government.

Alcoholic beverages (beer and wine) may be served 5:00 PM to 7:00 PM, Monday through Friday, and 12:00pm to 7:00 PM Saturday and Sunday. These beverages may be required by MSHA and other catered events specific to special events. This is optional if the food service is requested to be open by the CO or COR or specific events.

B. Modification to Service Schedule.

Any request for modifying the hours or days of service shall be submitted for approval of the Contracting Officer’s Representative (COR) prior to start of service date. The Contractor can submit a request for reduction in service during Government holiday periods in advance (14 days). If the Telecommute and/or Alternate Work Schedule (AWS) Agency programs impact sales levels on specific business days, the Contractor can submit a request for change in service on these days. The COR will review the request and advise the Contractor if a request is approved.

The Government may request modifications to operating hours due to student training schedules, reduction and or Academy closures. The CO or COR may adjust hours as necessary to accommodate the requirements of the Academy.

C. Suspension of Work:

In the event Federal employees are dismissed from work for any reason (e.g. due to severe weather, unanticipated holidays declared by the President or failure of the Congress to appropriate funds, etc.), the Contractor may be required to temporarily cease operations. The Government will not be liable for any claim for business lost during such a suspension of Government operations.

The Contractor will resume operations on the following Government business day. The Contractor is required to notify the COR immediately if operations cannot be resumed on that day.

The Government shall be responsible for cleaning and maintenance of dining room flooring/carpet when needed and through contracted timeframes

1.4.5 Description of Facilities:

1. Location in the Building.

Cafeteria and Kitchen The kitchen and servery are located on the first floor level.

B. Seating Capacity.

Approximately 275 seats.

C. Historical Invoice/Sales Data.

2014 Invoices - $ 428,139 – No sales data 2015 Invoices - $ 383,003 – Sales $57,593 (6 months) 2016 Invoices - $ 586,560 – Sales $103,742 2017 Invoices - $ 370,754 – Sales $78,965.56 2018 Invoices - $ 299,110 – Sales $61,305 Annual catering sales are approximately $ 3,600 per year Annual graduation reception sales $ 300 per year Annual vending machine sales $ 1,200 per year

Annual historical estimated meals served:

D. Access to Building.

The Academy allows convenient access to the food service level to visitors that have a valid driver’s license or other form of identification. All visitors must pass thru the security guard at the entrance gates.

1.4.6. Effective Date:

Service will begin on or about September 27, 2019. There will be a two-week phase-in period to allow the contractor to meet all base security requirements.

1.4.7 Type of Contract: The government will award a Fixed Price contract based on price per meal served.

1.4.8 Executive Order 13495. The Contractor shall comply with Executive Order 13495 regarding non-displacement of qualified workers and their right of first refusal of employment under the contract in positions for which they are qualified.

1.4.9 Rules of Behavior for Computer Use. The Contractor shall comply with the Computer Security Act of 1987. All products and deliverables developed for the government shall comply with the DOL SDLCM standards, DOL Computer Security guidelines and the guidelines contained in OMB Circular A-130. All Contract staff working in DOL office space and/or using the DOL LAN/WAN and computer systems to perform duties under this contract will agree to and sign the DOL Rules of Behavior for Computer Use and a Non-disclosure Agreement. A copy of each signed and witnessed Non-Disclosure agreement shall be submitted to the COR prior to the employee performing any work under the contract.

1.4.10 IT Systems Security. Contractor staffs are required to conform to DOL’s information technology and applicable personnel security and privacy requirements. The contractor agrees to comply with the IT system security and/or privacy specifications set forth in the Performance Work Statement, the Computer Security Act of 1987 Office of Management and Budget (OMB) Circular A-130 is, Appendix III, “Security of Federal Automated Information Systems,” and the DOL Computer Systems Security handbook (Release 2.0, dated April 2004). The Contractor further agrees to include this provision in any subcontract awarded pursuant to this prime contract. NOTE: OMB Circular A-130 is accessible via web site http://www.whitehouse.gov/sites/default/files/omb/assets/omb/circulars/a130/a130trans4.pdf

1.4.11 PHYSICAL Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.4.12 Key Control

1.4.12.1 The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer.

1.4.12.2. Designated employees shall have the responsibility for determining that all equipment has been turned off, lights and fans turned off, and doors locked when the cafeteria is closed. The key to the kitchen/food service area is to be picked up by the manager/alternate from the Security Guard at the main security gate entrance upon entering the Academy complex each workday. The key shall be available for emergency use only at the main security gate. The contractor shall immediately, upon arrival at the facility, contact the Security staff if the facility is found unsecured. This is a daily routine with the key being returned to the Security staff when exiting the complex. .

1.4.12.3 The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

1.4.13 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.4.14 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the contract.

1.4.15 Key Personnel: The Contractor is required to provide a professional, full-time, qualified food service person to act as the project manager of the food service facility. The manager will be subject to the approval of the Government. The Contractor's manager will be delegated the authority, and shall be able to effectively manage the day-to-day operation of the food service relative to supervision of personnel and training, execution of the Contractor’s proposal, menu planning, purchasing, cost control, sanitation, and customer satisfaction, etc. The manager/alternate must be onsite when the food service is open for the entirety of this contract. The manager shall notify the COR, via e-mail, of alternate in charge (scheduled or unscheduled).

1.4.15.1 Replacement of Key Personnel: The Contractor's manager will be replaced, on 30 day notice, upon request of the COR. A representative of the Contractor (i.e. the District Manager), other than the above manager, shall visit the facility periodically. A representative of executive status (e.g. a Vice President) shall be required to visit the facilities to adjust significant matters requiring attention upon 48 hour notice from the Government

1.4.16 Background Investigations, Badge and Proximity Card

FPS will conduct a background check utilizing the National Agency Checks with Written Inquiries (NACI) to determine the existence of a criminal record once the FPS HSPD-12 Contract Info Worksheet is received and reviewed for accuracy and completeness. Upon receipt of the FPS HSPD-12 Form, the FPS staff will conduct the appropriate Background investigation. If no negative information is received, FPS will enter the Contractor's into the e-QIP system for processing. The Contractor will receive an e-mail notification to access the internet and logon to e-Qip and complete the indicated security forms. The Contractor will have 7 working days to enter e-Qip and fill out all necessary forms. Upon completion of the forms and e-QIP acceptance of the forms, the system will generate a general release form, a medical release form and an e-QIP Investigation # attached. The Contractor will sign the release form and together with two (2) copies of completed fingerprint cards, and a copy of (2) picture ID's. Fingerprint results should take 3-5 days to be completed and results provided to Credentialing Official at NCR.

A contract employee may start work on a contract while awaiting NACI clearance if escorted or their work is limited to public areas and normal public access times. Until a “Suitable” NACI determination has been made, the contract employee must submit to the security check access procedure that is in place at the facility where the employee is working. The security clearance office/personnel will not provide the employee with an access badge, until the “Suitable” NACI has been received.

If security clearance office/personnel receive evidence of disqualifying criminal history information, they will immediately advise the COR that the employee has received an “Unsuitable” NACI. The COR will advise the contract employer that the employee is “Unsuitable” and a Notice of Final Adjudication determination must be rendered. Until that check is completed, the individual in question will not be allowed access in the Federal building as a contract employee.

A person who receives an “Unfavorable” Notice of Final Adjudication determination will be provided a reasonable time (30 days) to challenge the accuracy of the information contained in the FBI criminal history records; past employment history and/or State criminal history repositories; or to provide additional facts, proof and supporting documents outlining any mitigating circumstances affecting any information maintained in the criminal history records. During the 30 days the person will not be allowed access to the building.

All contract employees that receive a “Favorable” Notice of Final Adjudication receive a clearance valid for five (5) years from the Notice of Final Adjudication date. Contract employees cleared through this process while employed by a Contractor who is subsequently replaced by another Contractor shall only be required to submit another set of clearance forms if the employee has not been cleared within the last five years, or if required by the Contracting Officer's Representative (COR).

In emergency situations, such as when a replacement is needed for a long-term contract employee, due to illness or other unforeseen events, a substitute contract employee may be granted access to the facility. The Manager must ensure that the employee is escorted while they are performing their assigned contract duties or their work is limited to public areas and normal public access times, until the new employee has received a “Suitable” NACI clearance.

1.4.17 Identification of Contractor Employees: At all times while on duty, the Contractor's employees shall wear a distinctive professional looking uniform that displays the company logo, wear a hair net and or other suitable head covering, appropriate use of gloves while handling food and a legible ID name badge as a means of identification at all times while they are in the building.

1.4.18 Employee Conduct. Contractor employees shall present a professional appearance at all times and their conduct shall not reflect discredit upon the United States and the Department of Labor.

1.4.19 Removing Employees for Misconduct or Security Reasons. The Government may, at its sole discretion, direct the contractor to remove any contractor employee from U.S. Department of Labor facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required. The Contracting officer will provide the contractor with a written explanation to support any request to remove an employee.

1.4.20 Organizational Conflicts of Interest. For any work related to this contract, the contractor warrants that to the best of its knowledge and belief and except as otherwise disclosed, neither it nor its employees have any organizational conflict of interest, as defined in FAR Subpart 9.5. The contractor agrees that if after award it discovers an organizational conflict of interest by it or its employees with respect to this contract, it shall make an immediate and full disclosure in writing to the Contracting Officer that shall include a description of the action that the contractor has taken or intends to take to eliminate or neutralize the conflict. The Government may, however, terminate the contract for the convenience of the Government if doing so would be in the best interest of the Government

1.4.21 Contracts and Subcontracts:

The Contractor shall submit any contingent contracts or subcontracts that provide any services required under this contract if requested by COR or CO. Security clearances will be according to Government policy, regulations, and procedures.

1.4.22 Rights and Authority of the Government:

A. Approval.

Subject to the detailed provisions stated in this Statement of Work, Contractor operations shall be subject to the review and approval of the CO or their designated representative.

B. Public Space.

The Government reserves the right to use dining areas and other public spaces at other than serving periods for meetings of Government employees or other assemblies.

C. Restrictions.

i. Equipment. Unless otherwise permitted by the CO or the COR, the Contractor shall not install and/or operate any automatic vending equipment other than that specified, or remove any Government-owned equipment from the premises.

ii. Patronage. Since the facilities to be provided hereunder are for the benefit and conveniences of residential students and Federal employees, patronage from other sources may be regulated by the Government.

iii. Weekends and Federal holidays. No work shall be performed on weekends or Federal holidays without prior approval of the COR or CO.

iv. Facilities. The physical facilities made available to the Contractor under this contract shall not be used in connection with operations not included in the contract.

1.4.23. Records.

The Contractor shall maintain such accounting and operating records in connection with operations under this contract as are satisfactory to the CO. The Contractor shall take all necessary precautions to assure that all income received from any source is immediately recorded through cash register sales tickets and that all expenditures are supported by appropriate vouchers.

1.4.25. Cash Register Readings.

The Contractor shall permit a representative of the Contracting Officer to read cash register counters and sales recorders on demand.

1.4.26. Modification of Contract.

Modifications of the terms of the contract may be made by mutual agreement in writing between the CO and Contractor. The Government reserves the right to add additional locations/facilities in the future to this Contract by mutual agreement.

1.4.27. Discrepancy in the Specifications.

In any case of discrepancy in these specifications, the matter shall immediately be submitted to the Contracting Officer, who shall have sole discretion to clarify the discrepancy. The decision of the Contracting Officer as to the interpretation of the specifications shall be final and conclusive on the parties hereto subject only to appeal as provided in the "Disputes" clause of this contract.

1.4.28. Protection and Damage:

Contractor items shall be removed, if necessary, and replaced in their original locations. Equipment, furnishings, building and building accessories damaged due to work performed by the Contractor or a subcontractor under this contract shall be repaired or replaced to their original condition by the Contractor at no additional cost to the Government.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime. The prime Contractor shall ensure that the subcontractors comply with the terms and conditions of this contract.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.2. ACRONYMS:

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3.1 Service –

3.1.1 – Equipment repairs. The Government shall be responsible for the repair and the repair cost (material, parts, and labor) of Government-owned equipment.

The Contractor shall immediately report any potential need of repairs to Government-owned equipment or repairs to food service facility through written notification to COR by a work order. Work orders are submitted through the Government’s Total Maintenance System (TMS). The Government’s designated representative will make the decision to proceed with the repairs or a replacement of equipment. The Contractor will be responsible for all equipment repair costs or replacement costs due to improper use, vandalism or abuse by Contractor employees.

3.1.2 – Floors- The Government shall be responsible for cleaning and maintenance of dining room flooring/carpet when needed and through contracted timeframes.

3.1.3 Windows - The Government shall be responsible for the cleaning of all windows (outside and inside thereof).

3.1.4 Rodent/Pest Control -The Government will contract, pay for and maintain an effective foodservice related program for Rodent/Pest Control. The Contractor shall coordinate his efforts with the programs conducted by the building's management staff and/or building management pest control Contractor. The Contractor shall be responsible for advising the COR about any structural, sanitary, or procedural actions by the Government that would reduce food, water, harborage, or access used by pests. The Contractor must maintain a high sanitation standard to the satisfaction of the Government to help control and minimize rodent activities. Failure to maintain high sanitation standards will result in the Contractor assuming all rodent/pest control costs.

3.1.5. Trash Removal-The Government will contract and pay for trash removal and the trash container. The Contractor is responsible for transporting trash (material that cannot be recycled) to building trash container location. Failure to maintain high sanitation standards will result in the Contractor assuming all trash removal costs. Contractor is responsible for maintaining and emptying trash from dining room collection points during and after service.

3.1.6 Additional Cleaning - The Government shall also be responsible for cleanings as follows: Annual High Cleaning of entire ceiling tiles, light cover diffusers behind the serving line, Biannual Exhaust System Cleaning of hoods, fire control, plumbing, and sensors

3.2 Facilities - The Government will provide :

3.2.1 Government Furnished Space

The Government agrees to grant to the Contractor for the stipulated period, subject to the contract requirements and conditions herein, the right to establish, manage and operate a cafeteria in the Academy as described herein and in connection therewith to prepare and sell food, nonalcoholic beverages and such other products as the Government may authorize.

3.2.2 Vending Machines

The Government agrees to grant to the Contractor for the stipulated period, subject to the contract requirements and conditions herein, the right to manage and service all vending machines located in the Academy buildings as described herein and in connection therewith to sell snacks, nonalcoholic beverages and such other products as the Government may authorize. The Government determines the location of all snack and vending machines.

3.2.3 Gift Shop

The Government agrees to grant to the Contractor for the stipulated period, subject to the contract requirements and conditions herein, the right to manage and stock the gift shop located in the main Academy building as described herein and in connection therewith to sell snacks, nonalcoholic beverages, sundries, souvenir merchandise, and such other products as the Government may authorize. Items for stock and sold will be presented to the CO or COR for prior approval.

3.2.4 Facilities access/alteration:

At the beginning of the contract period, the Government will provide space for operations under the contract, as set forth herein, space as it may deem necessary or desirable. The Government will provide adequate ingress and egress, including a reasonable use of existing elevators, corridors, passageways, driveways, and loading platforms. The Government will, as it deems advisable, provide space heating, space lighting, ventilation, and the utilities. In addition, it will:

a. Make such improvements and alterations as it may deem necessary or desirable to prepare or recondition assigned space for its intended purpose, including improvements and alterations necessary to conform to applicable sanitary requirements or add services modules within the facility that is desired by the Government to meet customer requirements at the Government’s discretion.

b. Maintain and repair building structure in areas assigned for the operator's use, including painting and redecoration, the maintenance of gas, water, steam, sewer (including all grease traps), electrical lines, ventilation (including duct work and fans), fire suppression systems, building electrical lighting fixtures (including re-lamping), walls, ceilings and repair of floors and floor coverings. The Contractor shall bear the expenses of repairs necessary because of negligence on the part of the Contractor or the Contractor's employees.

c. At its own expense, provide, install and permit the Contractor to use the equipment listed and additional equipment of a similar type when required for expansion approved by the CO; provided, that equipment no longer needed for the contract operations may be withdrawn by the COR. The Government will replace equipment which it has provided, as it deems necessary.

3.2.5 Parking:

Parking spaces are provided.

3.2.6 Government-owned equipment:

The Government will furnish for the Contractor's use, foodservice equipment listed in the attached Inventory of Food Service Equipment List.

3.3 Utilities: All utilities in the facility will be available for the contractor’s use in performance of tasks outlined in this PWS. The Contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities.

3.3.1 Liability. The Government will be responsible for any damage or loss occasioned by facility loss of power, fire, accident, or otherwise to the Contractor's stored supplies, materials or equipment. Any personal injury or physical damage to the building or equipment resulting from fire or other causes shall be reported to the Facility Manager, COR, or CO immediately.

3.4 Materials – Special occasion items -linen, flowers, skirting and/or table decorations will be provided when required by the Government. Linen Laundry service shall be provided by the Government

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4.1 General: The Contractor shall furnish all attire and services required to perform work under this contract that are not listed under Section 3 of this PWS

4.2 Equipment - All required equipment and utensils (sample list below) shall be provided by the Contractor who shall replace such equipment and utensils when necessary. Equipment and utensils provided by the Contractor shall be of a quality in keeping with that provided by the Government.

Sample items expected to be provided by Contractor:

Plates/bowls/cups Napkins

All other kitchen small wares to meet contract requirements.

Station signage displayed when contractor is utilizing proprietary or Regional brands.

The Contractor shall provide “Green” disposable products including products that are petroleum-free, contain post-consumer recycled content and processed chlorine free. All disposable products must be “compostable” and compatible with the recycling/compost system that will be or is in use within the building. The use of disposable products (including plates, cups, bowls and etc.) constructed of Polystyrene Foam is prohibited.

The Contractor shall provide complete Point of Sale (POS) system to include the acceptance of patron’s use of credit and debit cards in an expeditious manner in the food service.

It is incumbent upon the Contractor to verify sizes and capabilities of Government-furnished dish, bowl, and mug dispensing equipment and to provide chinaware of appropriate size and weight to suit equipment. Also note type of self-bussing equipment in use, and dining table top sizes for trays.

Trash receptacles shall be of hard non-toxic plastic material. Single service compostable liners shall be used in conjunction with these receptacles. All trash containers will be provided with self-closing tops.

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.

All items provided by the Contractor shall be of good quality, suitable for the purpose of its intended use, and consistent with the quality of the various items provided by the Government and meeting current business and industry standards.

Contractor shall provide informational display boards at recycling/trash stations that will identify material and instruct customers to sort recyclable and/or compostable material from waste material.

4.3 Proprietary Marks:

DOL acknowledges that the names, logos, service marks, trademarks, trade dress, trade names, and patents, whether or not registered, of Contractor are proprietary to the Contractor, and its affiliated and parent companies, and will not use the marks for any purpose except as expressly permitted in writing by the Contractor.

4.4. Business Licenses, Taxes & Assessments:

The Contractor shall pay all Federal, State, City, and other taxes or assessments in connection with the operation and performance of the Services. The Contractor shall keep current and pay all licenses and permit fees in connection with Services including employers’ liability coverage.

4.5. Payment of Postage and Fees:

The Contractor shall pay all postage and fees relating to contractual information, forms, reports, etc. mailed to the Government.

4.6 Marking:

All information submitted to the Contracting Officer, or the Contracting Officer’s Representative, shall clearly indicate the contract number for which the information is being submitted.

PART 5

SPECIFIC TASKS

5. Contractor Responsibilities:

The Contractor shall provide prompt, efficient, and courteous service, and avoid undue interference with the operation of building in which services are provided. The Contractor shall employ sufficient and suitable personnel to support this contract, secure and maintain insurance, maintain records, submit reports, and observe other contract requirements, all as more specifically set forth herein. The Contractor shall pay all fees, expenses or other charges incident to or resulting from operations under the contract as more specifically set forth herein.

Contractor shall meet monthly or as needed with the COR and designated tenant Agency representatives to discuss mutual objectives, including but not limited to service levels, wellness, sustainability menus and marketing programs. Contractor will be responsible for compliance with Section 508 (29 USC 794(d)) for any submissions for mass emails or websites.

Contractor will be responsible for scheduling a dietician/nutritionist to attend new student orientations, as requested by the CO or COR, to provide an overview of food services and healthy eating habits. Dietician/nutritionist will conduct a 6-week review/rotation of menu preparation/options.

5.1. Service.

Patrons shall be encouraged to remove trays, containers, and utensils from tables to tray/collection carts, and/or the trash/recycle stations that will be strategically located in the dining area. The Contractor will provide busing service during service hours to remove any remaining soiled trays, containers and utensils and assure that tables and chairs are kept clean throughout the meal service periods. Contractor is responsible for maintaining and emptying trash from dining room collection points during and after service.

The contractor shall serve catering functions, other that student meals, including coffee break items, dinners, banquets, receptions, box meals, picnics, cookouts, graduations, hospitality baskets, upon written request of the COR or CO. These special meals or special events may include ethnic foods for international guests.

Alcoholic (cash basis) and non-alcoholic beverages may be required by the Academy at these special events. The contractor may charge its cost plus reasonable profit for these special meals with additional service. Must comply with all state and local sales regulations.

The contractor shall be responsible for the preparation of special events by using linen, flowers, and/or table decorations provided by the Government. The contractor shall provide seasonal decorations on the serving line and in the dining area for national holidays and other occasions as requested by the Government.

Tablecloths and linen napkins will be provided by the Government and shall be used when requested. Linen Laundry service shall be provided by the Government. The contractor shall skirt tables (Government will provide skirting) and provide water (pitchers and glasses) when requested. The contractor shall arrange and/or rearrange furniture in the dining area to accommodate events.

There also may be occasions when students and/or Government staff or other contractors are stranded at (or relocated to during a COOP situation) the Academy complex for an indeterminate length of time due to inclement weather conditions, flood, or other emergencies. The Contractor shall maintain an inventory sufficient to provide food service for 200 persons at 3 meals a day for 7 days to meet such contingencies. When inclement weather exists, selected food service personnel (selected by the contractor) shall be accommodated in the residence hall. Therefore, food service will be available for students, staff, etc.

5.2 Personnel and Supervision

The Contractor shall employ sufficient professional personnel to maintain sanitary conditions and satisfactory service which will ensure prompt and efficient service. All employees must be sober, conscientious, neat, and courteous. All employees assigned by the Contractor to perform work under this food service contract must be physically able to do their assigned work and shall be free from communicable diseases. All Contractor personnel must be able to read, write, speak and understand English in order to carry out all duties assigned to them and communicate with patrons. The Contractor must provide training to employees to ensure competent performance in all areas associated with these contracted services.

To facilitate customer feedback, the Contractor will establish comment cards, an online or e-mail customer feedback program with comments being sent directly to the on-site manager, the COR and the Academy representative. The establishment of this program will be coordinated with the Academy. The on-site manager will monitor daily the customer comments and/or complaints received via such program and respond appropriately. The Government will reserve the right to monitor both customer submissions and Contractor responses.

The Contractor must provide security cleared, trained relief personnel (management and hourly) to substitute for the regular employees when they are absent (scheduled or unscheduled) in order that a high quality food service operation will be maintained with consistently of standards at all times.

The Contractor shall require the employees to comply with such instructions pertaining to conduct and building regulations as are in effect for the control of persons in the building, or as may be issued for that purpose by Government representatives.

The Contractor is required to schedule an employee training program that will continue for the duration of this contract and any extensions thereof, to ensure that their employees perform their jobs with the highest standards of efficiency, customer service and sanitation excellence. Contractor must keep on site a record copy of training attendance and subject matter for all employees for Government review. MSHA and the Academy personnel are to be invited to attend training sessions, provide date and time of training sessions to COR.

All articles found by the Contractor, the Contractor's agents or employees, or by patrons and given to the Contractor shall be turned in to the front entrance security desk as lost and found items. Contractor is to post signage to notify customers of lost and found location.

5.3 Menus.

It shall be the responsibility of the Contractor to provide a variety of quality prepared foods that are a model for wellness and sustainability and in accordance with industry trends, industry standard practices and the industry’s latest innovative concepts. The Contractor shall offer food that provides a wide variety to customers, including vegetarian, and healthy options. Special dietary restrictions will be addressed on a case-by-case basis. All menu items which meet any health claim eligibility must be clearly labeled for customers, in accordance with the attached “Health and Sustainability Guidelines for Federal Concessions and Vending.”

In light of the emphasis placed on the wellness program in this solicitation, and in order to ensure optimum visibility of the healthy menu offerings, the Contractor should take into consideration the positive effects of priority placement of the healthy products in the cafeteria and on the serving lines. Examples of product placement may include placement of healthy menu offerings as the first thing the customer encounters at each serving line, or at the cash register or at key places on serving lines that are closest to eye level.

The Contractor shall comply with the nutritional information requirements of the 2013 and all subsequent revisions of U.S. Dietary Guidelines for Americans (www.health.gov/dietaryguidelines), including in particular the following:

a. Prior to the start date of service, the Contractor shall provide to the COR a complete price/portion book for the account (e.g.: hamburger, list patty size and selling price; ham sandwich list ounces of meat, toppings included and selling price). Each menu item in the price/portion book shall be listed by concept and indicate if the menu item meets the criteria defined in the “Health and Sustainability Guidelines for Federal Concessions and Vending.”

b. Procedures for Future Price Adjustments/Changes.

Future price adjustments/changes must be submitted with supporting documentation for approval in a spreadsheet format that includes:

i. Any changes to standard menu prices, portions, or items offered for sale shall be submitted to the Contracting Officer’s Representative (COR) 30 days in advance and shall be submitted as replacement pages for the price/portion book initially submitted by the Contractor. Daily or weekly promotional menu items are excluded.

ii. Date of proposed price adjustment.

iii. A market basket survey of at least 3 similar food facilities in the local area (COR accepted locations).

iv. In situations where one or more critical food or supply items have sudden upward price fluctuations due to an “Act-of-God” or other situation considered by the Contractor to be out of its control, the COR/CO are to be contacted with a request for a temporary surcharge or menu change. Once the subject item cost has stabilized, the former approved price is to be reestablished or the item returned the menu as specified.

If the price change/adjustment is accepted by the COR/CO, a meeting will take place between COR, Contractor, and Agency for final approval. After approval, a notice to the customers is then created by the Contractor and posted in prominent locations at least 14 days prior to the on-site implementation. Every effort will be made by the COR to reach consensus on the final price adjustment within 45 days.

It should be noted that the Government’s expectation that menu items be priced at less than regional pricing of similar commercial facilities due to the Government providing a fully furnished facility, not charging rent or utilities.

c. During each serving period, easy-to-read menus with prices listed and nutrition data shall be prominently displayed for the information of patrons at the cafeteria. Menus shall be posted at or near the cafeteria entrances and at the service points. All customer signage, menus, etc. must be printed (no hand-written signs are allowed). Contractor sponsored web-pages with menu and related information is encouraged.

The contractor shall also post nutritional information showing at a minimum caloric, fat, sodium and cholesterol levels near the service points.

An entree item shall not repeat on less than a three-week rotation unless students’ request some favorite items be repeated.

The contractor shall provide box lunches for late student arrivals and box lunches for departing students who are scheduled to leave before lunch when requested (in writing) by the CO or COR.

The contractor shall also provide box lunches and/or dinners to students participating in class field trips.

If a student requests a carry-out meal for the third meal of the day, the student will be charged at the rate established for the dinner meal.

All box lunches shall at a minimum consist of:

(1) Two (2) meat sandwiches

(2) Chips

(3) Dessert

(4) A brand name beverage.

All box dinners shall at a minimum…