A19-SOL-1605C4-26-R-00010.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 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 CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

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

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

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 Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

. 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. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4.

FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

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

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

DATED.

OFFER

ADDENDA

ADDENDA

1605C4-26-R-00010

US DEPARTMENT OF LABOR

NATIONAL MSHA ACADEMY

1301 AIRPORT RD

BEAVER WV 25813

US Department of Labor Customer Acquisition Services 200 Constitution Ave, NW Washington DC 20210

US Department of Labor Customer Acquisition Services 200 Constitution Ave, NW Washington DC 20210

06/25/2026 1700 ET

Ryan Proietto 801-233-4934

CAS

CAS

Alicia M. Jackson

722310

$47

06/15/2026

MSHA WV BEAV. SHIP 1

The U.S. Department of Labor (DOL), Office of the Senior Procurement Executive (OSPE), on behalf of the Mine Safety and Health

Administration (MSHA), has a need for Cafeteria

Services for the National Mine Health and

Continued...

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) 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 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 RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

ACCEPTED,

Safety Academy (NMHSA) located at 1301 Airport

Road in Beaver, West Virginia, in accordance with this Request for Proposal (RFP).

This RFP will result in a single award.

The Period of Performance shall be for one (1)

Base Period of 12 months and four (4) 12-month

Option Periods.

This acquisition is unrestricted.

Tradeoff source selection procedures will be utilized.

Please read the RFP in its entirety, including instructions for submitting a proposal and the evaluation criteria the Government will use to make an award.

*NOTE: This acquisition will be conducted on an unrestricted basis while giving priority to the

West Virginia Division of Rehabilitation

Services in accordance with the

Randolph-Sheppard Act.

Period of Performance: 08/11/2026 to

08/10/2027

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

0001 BASE PERIOD

The Contractor shall provide Cafeteria Services at the National Mine Health and Safety Academy in Beaver, West Virginia, to include monthly enzyme treatments, in accordance with the attached Performance Work Statement.

CLIN Type: Firm Fixed Price

Period of Performance: 08/11/2026 to

08/10/2027

Product/Service Code: H973

0002 BASE PERIOD

The Contractor shall provide optional dinner services in accordance with the Performance

Work Statement.

CLIN Type: Firm Fixed Price

Minimum Guaranteed Amount (*Offeror fill in):

*Minimum amount guaranteed to be paid only if sales are below this value.

Period of Performance: 08/11/2026 to

08/10/2027

Product/Service Code: H973

0003 BASE PERIOD

Reimbursement for food lost due to failure of

Government Furnished Equipment (GFE) (freezer, refrigerator, etc.).

Not to Exceed: $15,000.00

Period of Performance: 08/11/2026 to

08/10/2027

Product/Service Code: H973

1001 OPTION PERIOD 1

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

The Contractor shall provide Cafeteria Services at the National Mine Health and Safety Academy in Beaver, West Virginia, to include monthly enzyme treatments, in accordance with the attached Performance Work Statement.

CLIN Type: Firm Fixed Price

(Option Line Item)

(Anticipated Option Exercise Date) 08/02/2027

Product/Service Code: H973

Period of Performance: 08/11/2027 to

08/10/2028

1002 OPTION PERIOD 1

The Contractor shall provide optional dinner services in accordance with the Performance

Work Statement.

CLIN Type: Firm Fixed Price

Minimum Guaranteed Amount (*Offeror fill in):

*Minimum amount guaranteed to be paid only if sales are below this value.

(Option Line Item)

(Anticipated Option Exercise Date) 08/02/2028

Product/Service Code: H973

Period of Performance: 08/11/2028 to

08/10/2029

1003 OPTION PERIOD 1

Reimbursement for food lost due to failure of

Government Furnished Equipment (GFE) (freezer, refrigerator, etc.).

Not to Exceed: $15,000.00

(Option Line Item)

(Anticipated Option Exercise Date) 08/02/2027

Product/Service Code: H973

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

Period of Performance: 08/11/2027 to

08/10/2028

2001 OPTION PERIOD 2

The Contractor shall provide Cafeteria Services at the National Mine Health and Safety Academy in Beaver, West Virginia, to include monthly enzyme treatments, in accordance with the attached Performance Work Statement.

CLIN Type: Firm Fixed Price

(Option Line Item)

(Anticipated Option Exercise Date) 08/02/2028

Product/Service Code: H973

Period of Performance: 08/11/2028 to

08/10/2029

2002 OPTION PERIOD 2

The Contractor shall provide optional dinner services in accordance with the Performance

Work Statement.

CLIN Type: Firm Fixed Price

Minimum Guaranteed Amount (*Offeror fill in):

*Minimum amount guaranteed to be paid only if sales are below this value.

(Option Line Item)

(Anticipated Option Exercise Date) 08/02/2028

Product/Service Code: H973

Period of Performance: 08/11/2028 to

08/10/2029

2003 OPTION PERIOD 2

Reimbursement for food lost due to failure of

Government Furnished Equipment (GFE) (freezer, refrigerator, etc.).

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

Not to Exceed: $15,000.00

(Option Line Item)

(Anticipated Option Exercise Date) 08/02/2028

Product/Service Code: H973

Period of Performance: 08/11/2028 to

08/10/2029

3001 OPTION PERIOD 3

The Contractor shall provide Cafeteria Services at the National Mine Health and Safety Academy in Beaver, West Virginia, to include monthly enzyme treatments, in accordance with the attached Performance Work Statement.

CLIN Type: Firm Fixed Price

(Option Line Item)

(Anticipated Option Exercise Date) 08/02/2029

Product/Service Code: H973

Period of Performance: 08/11/2029 to

08/10/2030

3002 OPTION PERIOD 3

The Contractor shall provide optional dinner services in accordance with the Performance

Work Statement.

CLIN Type: Firm Fixed Price

Minimum Guaranteed Amount (*Offeror fill in):

*Minimum amount guaranteed to be paid only if sales are below this value.

(Option Line Item)

(Anticipated Option Exercise Date) 08/02/2029

Product/Service Code: H973

Period of Performance: 08/11/2029 to

08/10/2030

3003 OPTION PERIOD 3

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

Reimbursement for food lost due to failure of

Government Furnished Equipment (GFE) (freezer, refrigerator, etc.).

Not to Exceed: $15,000.00

(Option Line Item)

(Anticipated Option Exercise Date) 08/02/2029

Product/Service Code: H973

Period of Performance: 08/11/2029 to

08/10/2030

4001 OPTION PERIOD 4

The Contractor shall provide Cafeteria Services at the National Mine Health and Safety Academy in Beaver, West Virginia, to include monthly enzyme treatments, in accordance with the attached Performance Work Statement.

CLIN Type: Firm Fixed Price

(Option Line Item)

(Anticipated Option Exercise Date) 08/02/2030

Product/Service Code: H973

Period of Performance: 08/11/2030 to

08/10/2031

4002 OPTION PERIOD 4

The Contractor shall provide optional dinner services in accordance with the Performance

Work Statement.

CLIN Type: Firm Fixed Price

Minimum Guaranteed Amount (*Offeror fill in):

*Minimum amount guaranteed to be paid only if sales are below this value.

(Option Line Item)

(Anticipated Option Exercise Date) 08/02/2030

Product/Service Code: H973

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

Period of Performance: 08/11/2030 to

08/10/2031

4003 OPTION PERIOD 4

Reimbursement for food lost due to failure of

Government Furnished Equipment (GFE) (freezer, refrigerator, etc.).

Not to Exceed: $15,000.00

(Option Line Item)

(Anticipated Option Exercise Date) 08/02/2030

Product/Service Code: H973

Period of Performance: 08/11/2030 to

08/10/2031

1 - Performance Work Statement (PWS) 2 - Clauses 3 - Provisions 4 - Instructions to Offerors 5 - Evaluation Criteria

1 - Performance Work Statement (PWS)

Cafeteria Services for the National Mine Health and Safety Academy in Beaver, West Virginia

PART 1 GENERAL INFORMATION

1.1 Description of Services/Introduction:

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 this PWS. The Federal Mine Safety & Health Act of 1977 (MINE ACT) Pub. L. No. 95- 164 (Nov. 9, 1977), as amended [30 U.S.C. §§ 801 et seq.] established the National Mine Health and Safety Academy. Food service is provided as part of room and board as outlined in 30CFR Part 42 Subpart C.

1.2 Background:

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 National Mine Health and Safety Academy was constructed on 74 acres in the early 1970s with the intent to provide a self-contained training facility for the Agency and the mining industry. Mining professionals from across the United States and many foreign countries come to the Academy for health and safety training. The Academy complex, which opened in 1976, consists of 15 buildings, eight of which are inter-connected, making up 388,110 square feet and includes classrooms and laboratories accommodating 600 students, a residence hall of 174 lodging rooms, a cafeteria, a library, auditorium, and wellness facilities.

This food service will operate primarily for the students but there are approximately 150 building occupants. 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.

1.3 Objectives:

The primary objective of this effort is for the Contractor to provide the dispensing of food, nonalcoholic beverages, and other items as authorized by the COR and/or Contracting Officer (CO) in accordance with all terms and conditions specified within this PWS.

1.4 Scope:

The scope of this contract will include cafeteria facility management functions. The Contractor will also be responsible for vending machines and the student store.

The Contractor shall establish and operate the food service facilities described herein for the purpose of dispensing food and nonalcoholic beverages as authorized by the CO or COR in accordance with the terms and conditions of this contract. The Contractor shall, in all respects, conduct the Food service operation in accordance with all accepted industry practices and comply with all local, state and federal health regulations. The Contractor shall provide prompt, efficient, and courteous service, and avoid undue interference with the operation of buildings in which services are provided.

1.5 Period of Performance:

The Period of Performance for this contract shall be for one (1) Base Period of 12 months and four (4) 12-month Option Periods that may be exercised at the discretion of the Government. The Period of Performance is as follows:

Period Period of Performance

Base Period 08/11/2026 to 08/10/2027

Option Period 1 08/11/2027 to 08/10/2028

Option Period 2 08/11/2028 to 08/10/2029

Option Period 3 08/11/2029 to 08/10/2030

Option Period 4 08/11/2030 to 08/10/2031

1.6 General Information

1.6.1 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 CO and the COR 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 CO's acceptance in writing of any proposed change to his QC system. The QC is to be submitted to the COR and CO within 10 calendar days of contract award.

1.6.2 Quality Assurance:

The Contractor shall develop and submit with its offer, quality assurance procedures it intends to apply to this requirement to identify, prevent, recurrence of defective services. At a minimum, the Contractor shall provide quality assurance procedures that ensure successful contract performance and address the areas identified in Technical Exhibit 1, “Performance Requirements Summary”.

These procedures will be part of the offerors technical approach and may be integrated into the Government's Quality Assurance Surveillance Plan (QASP). The Government will use the QASP to evaluate the Contractor’s performance under this contract.

The Government shall evaluate the Contractor’s performance under this contract action in accordance with the QASP. This plan focuses primarily 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).

Quality Management/Quality Assurance Surveillance:

Contractor’s professional(s) shall be subject to Quality Management measures.

Surveillance Methods: Contractor performance will be monitored by the Government using the standards as outlined within the QASP and the monitoring methods.

The QASP explains the following:

-What will be monitored?

-How will monitoring be conducted?

-Who will conduct the monitoring?

-How to document the efforts and results of monitoring?

The QASP does not detail how the Contractor accomplishes the work, but rather the QASP is created with the premise that the Contractor is responsible for management and quality control actions to meet the terms of the contract. The plan focuses on what the Government must do to ensure the Contractor has performed in accordance with the performance standards. It is the Government's responsibility to evaluate performance objectively, fairly, and consistently.

Complaints: The CO will resolve complaints concerning the Contractor’s relations with the Government employees. The CO has final authority to validate complaints. If the Contractor is involved and named in a validated employee complaint, the Government reserves the right to refuse acceptance of the services of such personnel. This does not preclude refusal in the event of incidents involving physical or verbal abuse.

1.6.3 Remedies

The CO shall follow RFO 52.212-4, “Contract Terms and Conditions-Commercial Items” for Contractor’s failure to perform satisfactory services or failure to correct non-conforming services.

1.6.4 Recognized Holidays:

The Contractor is not required to perform services on recognized holidays.

The Federal Government observes the following holidays, and Federal buildings will be closed. Federal contractors shall not perform services under this contract on the following holidays:

New Year’s Day Inauguration Day (if applicable) Martin Luther King Jr.’s Birthday President’s Day Memorial Day Juneteenth Day Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day

In addition to the recognized holidays, if there are Government early dismissals, late arrivals, office closures due to inclement weather, early holiday closures, or any other reasons deemed necessary, the Contractor will coordinate with the COR and CO to determine if any of these events apply to contract staff.

1.6.5 Hours of Operation/Description of Facilities:

A. Service Schedule.

Food services will be provided five (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 1:00 pm for student classroom breaks. If requested for afternoon classroom breaks, coordination with the food service director and COR is required. The schedule is as follows:

Meal Period Opening Closing Breakfast 6:15 AM 8:00 AM

Lunch 11:30 AM 1:00 PM

Dinner (Optional) 5:30PM 7:00 PM

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

Meal Period Opening Closing Breakfast 6:30 AM 8:30 AM

Lunch 12:00 PM 2:00 PM

Dinner (Optional) 5:30 PM 7:00 PM

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 a modification to the 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.

B. Modification to Service Schedule.

Any request for modifying the hours or days of service shall be submitted for approval of the 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.

D. Reduction in Schedule due to student count:

It is estimated the cafeteria shall be closed eight (8) weeks a year due to low student count. Those weeks generally fall during the weeks of Government holidays but may include other weeks due to low students counts. These weeks will be provided as they become available. The Government will provide these dates at least two (2) weeks in advance.

Description of Facilities:

A. Location in the Building:

National Mine Health and Safety Academy 1301 Airport Road Beaver, WV 25813

Cafeteria and Kitchen:

The kitchen and cafeteria are located on the first-floor level.

B. Seating Capacity.

Approximately 275 seats.

C. 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 through the security guard at the entrance gates.

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

1.6.6 Place of Performance:

The work to be performed under this contract will be performed at the National Mine Health and Safety Academy located at 1301 Airport Road, Beaver, WV 25813.

1.6.7 Type of Contract:

The Government anticipates award of a firm fixed price contract.

1.6.8 Security Requirements:

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 seven (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 two (2) picture ID's. Fingerprint results should take 3-5 days to be completed and results provided to Credentialing Official at NCR. https://www.dhs.gov/homeland-security-presidential-directive-12.

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 (5) years, or if required by the 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.

The Contractor shall possess a valid background check showing no evidence of Federal, state, or local felony charges and/or convictions.

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.

1.6.8.1 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.

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 https://www.dhs.gov/homeland-security-presidential-directive-12 https://www.dhs.gov/homeland-security-presidential-directive-12 the complex. The Contractor shall be responsible for safeguarding all Government property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured.

1.6.8.2 Key Control:

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 COR.

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 COR.

1.6.8.3 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 always handling food and a legible ID name badge as a means of identification while they are in the building.

1.6.8.4 Employee Conduct:

Contractor employees shall always present a professional appearance and their conduct shall not reflect discredit upon the United States and the U.S. Department of Labor (DOL).

1.6.8.5 Removing Employees for Misconduct or Security Reasons:

The Government may, at its sole discretion, direct the Contractor to remove any Contractor employee from DOL facilities for misconduct or security reasons. Standards of conduct shall be consistent with those prescribed by current federal personnel regulations. The CO and COR shall deal with issues raised concerning the Contractor’s conduct. The final arbiter on questions of acceptability is the CO. Removal does not relieve the Contractor of the responsibility to continue providing the services required. The CO will provide the Contractor with a written explanation to support any request to remove an employee.

1.6.8.6 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.

1.6.8.7 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 PWS, 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

1.6.9 Special Requirements:

The Government requires that all food service employees have a certified food handler’s card as required by the Raleigh County Health Department.

http://www.whitehouse.gov/sites/default/files/omb/assets/omb/circulars/a130/a130trans4.pdf

1.6.10 Post Award Conference/Periodic Progress Meetings:

The Contractor shall attend any post award conference convened by the Contracting Activity or Contract Administration Office in accordance with Federal Acquisition Regulation Subpart 42.5. The CO, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings, the CO will apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

1.6.11 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 CO 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.

1.6.12 Key Personnel:

Key personnel designated are Contractor personnel assigned to key positions or labor categories that are essential to the work performed herein. The CO will designate or replace Key Personnel, as appropriate.

DOL has determined that continuity through the retention of highly qualified Contractor personnel is a major factor for success in achieving high quality and efficient performance. If it becomes necessary for the Contractor to replace Key Personnel after designation, the Contractor shall provide to the CO and the COR a written evaluation of the impact on the progress and continuity of the relevant work that might result by replacing these personnel. The Contractor shall submit the names and resumes of replacement personnel to the CO and the COR for review not later than two (2) calendar weeks prior to their replacement, or as soon as known. All replacement personnel must possess qualifications equal to or higher than the qualifications of the person replaced. The CO and COR will evaluate the requests to ensure the potential candidate meets or exceeds the qualifications for the position. Once the resume for key personnel is reviewed, the Contractor must have said personnel on board as soon as the security clearance is finalized (generally 2-3 weeks).

The following personnel are considered key personnel by the Government:

Project Manager:

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 Project Manager’s resume will be reviewed by the Government to ensure the required qualifications are met. The Contractor's Project 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 Project Manager/alternate must be onsite when the food service is open for the entirety of the contract. The Project Manager shall notify the COR, via e-mail, of alternate in charge (scheduled or unscheduled).

1.6.12.1 Replacement of Key Personnel:

The DOL Mine Safety and Health Administration (MSHA) reserves the right to revoke access to its facilities or property of any individual, where such access is no longer clearly consistent with the DOL MSHA mission and responsibilities, and the Contractor agrees to immediately remove that individual from the jobsite in such circumstances. In cases of access revocation, the Program Office will inform the individual of the basis of the revocation, unless to do so would reveal classified or sensitive information, and give the individual an opportunity to explain, rebut or refute such basis in writing. Access will remain revoked pending prompt review of any such submission by the individual. The DOL MSHA shall have and exercise full and complete control over granting, denying, withholding or terminating access for contract individuals. Should the Contractor receive information regarding an employee which may affect the access of that employee to a DOL MSHA facility, e.g., knowledge of arrests, felony conviction, misdemeanor conviction, use of or addiction to drugs and/or chemicals, abuse of alcohol, indebtedness, a change in or treatment of mental health, or any behavior, activities, or associations which tend to show that the individual is not reliable or trustworthy, etc., the Contractor shall advise the DOL MSHA immediately.

A representative of the Contractor (i.e. the District Manager), other than the above Project 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.

1.6.12.2 Key Personnel Qualifications:

Project Manager:

The Project Manager must possess the following qualifications:

(1) A minimum of three (3) years restaurant management experience

(2) Ability to obtain and maintain a food handler certification card

(3) Working knowledge of general restaurant operations, including personnel management, food planning and preparation, purchasing, sanitation and health codes, and security

(4) Excellent interpersonal skills with a focus on customer service

1.6.13 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 while they are in the building.

1.6.14 Organizational Conflict of Interest

Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI), as defined in RFO 9.5. The Contractor shall notify the CO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the CO to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the CO and in the event the CO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the CO may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.15 Phase In/Phase Out Period

(If applicable): To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board during the 30 day phase in/phase out periods. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date.

1.6.16 Rights and Responsibilities of the Government:

A. Approval.

Subject to the detailed provisions stated in this PWS, Contractor operations shall be subject to the review and approval of the CO or their designated representative. Any specified task requested of the Contractor shall be identified within Part 5.

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.

1. 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.

2. 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.

3. 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.

PART 2 DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1 DEFINITIONS:

2.1.1 CONTRACTOR:

A Supplier or Contractor 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 (CO):

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.

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:

ACOR: Alternate Contracting Officer's Representative CFR: Code of Federal Regulations CO: Contracting Officer COR: Contracting Officer's Representative DOL: U.S. Department of Labor FAR: Federal Acquisition Regulation HSPD: Homeland Security Presidential Directive-12 MSHA: Mine Safety and Health Administration NMHSA: National Mine Health and Safety Academy located in Beaver, WV OCI: Organizational Conflict of Interest OMB: Office of Management and Budget PIPO: Phase In/Phase Out PIV: Personal Identity Verification POC: Point of Contact POP: Period of Performance PRS: Performance Requirements Summary PWS: Performance Work Statement QA: Quality Assurance QAP: Quality Assurance Program QASP: Quality Assurance Surveillance Plan QC: Quality Control QCP: Quality Control Program RFO: Revolutionary FAR Overhaul TMS: Total Maintenance System

PART 3 GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3.1 General:

The Government will provide the facilities where the food service contract will be performed. All GFE provided by the Government will be managed in accordance with DOL property management guidelines.

3.2 Equipment:

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

For Contractor personnel performing work on Government premises, the Government will provide network connectivity.

3.3 Services:

3.3.1 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.

3.3.2 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 facilities 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.

3.3.3 Floors:

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

3.3.4 Windows:

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

3.3.5 Rodent/Pest Control:

The Government will contract, pay for and maintain an effective food service related program for Rodent/Pest Control. The Contractor shall coordinate 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.

3.3.6 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 the building trash container location. Failure to maintain high sanitation standards will result in the Contractor assuming all trash removal costs. The Contractor is responsible for maintaining and emptying trash from dining room collection points during and after service.

3.3.7 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.

3.4 Facilities:

3.4.1 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.

3.4.2 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.

3.4.3 Student Store:

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 student store 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.

3.4.4 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…