Attachment 1- Performance Work Statement dated 10_28_2025.docx

MEMPHIS NSA COMMISSARY

PERFORMANCE WORK STATEMENT:

SHELF-STOCKING

RECEIVING/STORAGE/HOLDING AREA

CUSTODIAL OPERATIONS

EFFECTIVE DATE: October 28, 2025

Table of Contents

SECTION 1: GENERAL

1.1 SCOPE OF WORK

1.1.1. Contractor Responsibilities. The Contractor shall furnish all personnel, supervision, supplies, equipment, tools, materials and other items and services as necessary to perform shelf stocking, receiving/storage/holding area (RSHA), and custodial tasks in accordance with (IAW) this contract at the Memphis NSA Commissary located at 7428 Sample Drive, Millington, TN 38054, except those identified in Section C2, Government-Furnished Facilities, Services, Equipment, and Supplies.

1.1.2. Contractor/Government Relations. Commissaries sell food and non-food items to authorized patrons in facilities and under operating conditions that are very similar to commercial supermarkets. Each commissary has an onsite supervisor—a Store Director—who is responsible for overall commissary operations. When the term Store Director is used elsewhere in this contract, it means the Store Director personally or any commissary personnel designated by a Store Director to act as an authorized representative of the Government. The Government will employ Contracting Officer Representatives (COR) to surveil and document Contractor performance. The Government Contracting Officer is responsible for overall administration/oversight of this contract. The Contracting Officer is solely authorized to change contract terms, to terminate the contract for default, and to make determinations that relate to contract terms and conditions, and contractor performance. To facilitate compliance with the provisions of this contract, and coordination of commissary and contracted operations, the Contractor’s Project Manager (PM) and the Store Director should regularly and routinely discuss matters relating to contract performance. As necessary, the Contracting Officer may participate in these discussions. When the term PM is used elsewhere in this contract, it includes the PM and any alternate PM whom the Contractor may employ. Where the term Contractor employee is used elsewhere in this contract, it means any member of the Contractor’s work force including the PM.

1.2. COMMISSARY AND CONTRACTOR OPERATING HOURS

1.2.1. Store Operational Hours/Contractor Working Schedule. During the hours indicated below for day custodial/stocking and RSHA operations, the Contractor shall have personnel available to perform the work described in SECTION C-4. The Contractor shall perform all of the work described in SECTION C-4 for night custodial (including RSHA custodial), meat custodial, and night stocking operations during the “windows of opportunity” indicated as follows.

Store Operational Hours/Contractor Work Schedule

DAY

*Note: Indicates non FDS delivery day. Contractor may still be required to perform RSHA tasks to support stocking operations.

1.2.2. Days Closed. The commissary will be closed on the following days:

1.2.3. Notification of Closure. The Contractor shall comply with the Government’s instructions concerning which days the commissary will be closed. The Store Director will notify the Contractor at least two calendar weeks prior to any scheduled closure of the commissary, including those listed in 1.2.2., or of any change to the list of closures shown in 1.2.2.

1.2.4. Closing for Inclement Weather or Emergency Conditions. In the event that inclement weather or other emergency conditions force commissary closure during normal operating hours, the Store Director will notify the PM. The Contractor shall provide service as long as the commissary remains open. When a closure or delayed reporting time occurs before or after normal business hours, the Store Director will notify the PM via call or text.

1.2.5. Emergencies and Disasters. In the event of fire, flood, hurricane, tornado, other acts of God, power outage, or similar emergency or disaster, only the Contracting Officer, Store Director, commissary manager on duty, or COR may contact the Contractor and request Contractor support. If the Contractor agrees to perform work in response to any such request, the Contractor shall submit documentation of work performed to the Contracting Officer. The Contracting Officer will make disposition of any such matter IAW FAR 52.243-1 Alternate 1, Changes-Fixed Price.

1.2.6. Changes in Operating Hours. The Government may change the commissary operating schedule to accommodate patron requirements. These changes may dictate corresponding changes to the Contractor's work schedule. The Contracting Officer will give the Contractor a minimum of two calendar weeks’ notice prior to implementation of any change to the commissary operating schedule.

1.3. PERSONNEL

1.3.1. General

1.3.1.1. DeCA management officials, Contracting Officer’s Representatives (CORs), and their family members shall not be employed by, or perform work under, this contract in any capacity. For the purpose of this provision, family members include an employee’s spouse, domestic partner, parents, children, siblings, stepparents, stepchildren, in-laws, or any individual with whom the employee has a close personal relationship that could reasonably be perceived as creating a conflict of interest or the appearance of preferential treatment.

To avoid any actual or apparent conflict of interest, the Contractor shall not employ or otherwise utilize any individual whose relationship to DeCA or Government personnel could compromise, or appear to compromise, the integrity of the procurement process or contract oversight. In the event of a strike or work stoppage, the Contractor is further prohibited from employing any federal civilian employee or active duty military member to perform work under this contract. Any violation of this provision shall be handled in accordance with paragraph 1.3.11, Barring of Employees from Performing on the Contract.

1.3.1.2. Training. The Contractor shall provide training to personnel who operate Government-furnished vehicles or material handling equipment (MHE). The Contractor shall ensure that his/her personnel, who operate power industrial trucks, are trained, qualified, and certified IAW Occupational Safety and Health Administration (OSHA) requirements. The Contractor shall maintain a record of this training and provide a roster of trained personnel to the Store Director. The Government will provide orientation training on new equipment furnished by the Government.

1.3.2. Project Manager (PM)

1.3.2.1. The Contractor shall provide an onsite PM or alternate who shall be present and act with full authority for the Contractor on all contract matters relating to the daily operation of this contract and be responsible for the overall management and coordination of work. The PM and alternate may be working supervisors. These individuals shall be designated in writing (listing names, addresses, and home telephone numbers) to the Contracting Officer and Store Director prior to the contract start date and as changes occur, and shall be the central points of contact for this contract with the Government.

1.3.2.2. The PM or alternate shall be in the commissary during all when Contractor-provided services are being performed, and shall be available during a mutually agreed upon time to meet on the installation with Government personnel when required to discuss problem areas.

1.3.2.3. The PM and alternate shall be able to read, write, speak, and understand English. Contractor personnel who come in contact with commissary patrons shall be able to communicate in English with the commissary patrons.

1.3.3. Dress Requirements. Contractor personnel shall comply with any applicable dress codes. Contractor employees shall wear a Government-furnished identification badge, which shall be visible at all times while performing work under this contract. The Contractor shall perform a hazard assessment (as required by OSHA - 29 CFR 1910.132) of Contractor operations to identify hazards, if any, which necessitate the use of personal protective equipment (PPE). The Contractor shall select the appropriate PPE, train Contractor employees on PPE requirements, and shall ensure Contractor personnel wear the PPE while exposed to the identified hazard(s).

1.3.4. Consumption or Use of Government Property. The Contractor shall not permit Contractor personnel to consume or use Government-owned resale items or any Government-owned equipment or supplies that are not specifically provided for Contractor use under this contract.

1.3.5. Personal Articles. Contractor employees shall not take any package, purse, lunch sack, box, or other personal articles into commissary areas, except authorized break rooms and locker rooms. The Government will provide the Contractor a designated area, which can be secured, to store Contractor employee articles and the Contractor shall be responsible for the security of the area. Any facilities provided for the storage of Contractor employee personal articles remain Government property and are subject to Government inspection.

1.3.6. Eating and Drinking. The Contractor shall not permit Contractor personnel to eat or drink except in designated break room areas. Contractor employees shall clean up after themselves in break rooms and other areas shared with Government personnel.

1.3.7. Use of Tobacco (to include chewing tobacco and snuff). Contractor employees shall use tobacco products only in areas designated by the Store Director based on DOD policies/directives/guidelines.

1.3.8. Loitering. Off-duty Contractor employees shall not loiter in any working or patron area. Contractor employees shall arrive no earlier than 30 minutes prior to their shift and depart commissary facilities, to include parking areas, within 30 minutes after completing work. The PM may remain to ensure all work has been completed in compliance with this contract.

1.3.9. Samples, Gratuities, and Promotional Activity. Neither the Contractor nor Contractor employees shall accept samples or gratuities in connection with the operation of the commissary. Neither Contractor employees nor members of their immediate families shall participate in drawings for prizes or gifts offered by sales representatives.

1.3.10. Use of Alcoholic Beverages/Drugs. The Contractor shall not permit Contractor employees to work under the influence of alcoholic beverages, illegal drugs, or illegal controlled substances. Contractor personnel are prohibited from using alcoholic beverages, illegal drugs, or illegal controlled substances while on duty.

1.3.11. The Contracting Officer will require, in writing, that the Contractor immediately bar any Contractor employee from performing further work under this contract for any of the following actions: willful destruction or mishandling of Government, patron, or vendor property; loitering; use of tobacco products (to include cigarettes, chewing tobacco and snuff) in other than designated areas; unauthorized eating or grazing; theft; acceptance of samples or gratuities; purchasing or receiving as a gift commissary resale items if not an authorized commissary patron; use of alcoholic beverages, illegal drugs, or illegal use of controlled substances; execution of work in other than a skillful manner; displaying disruptive/unacceptable behavior (e.g., abusive, demeaning, foul or threatening language and fighting); and willful violations of safety standards by Contractor personnel. This list is not exhaustive, and the Contracting Officer may require, in writing, that the Contractor immediately bar a contractor employee from performing further work under the contract in other significant and appropriate circumstances. Removal of any employees for such cause shall not constitute a valid basis for nonperformance of contract services or a claim for additional compensation.

1.3.12. Criminal Investigations. The Contractor shall provide all available information to assist law enforcement authorities in any investigations.

1.3.13. Installation Access. The Contractor shall be responsible for obtaining installation access as required for all Contractor employees authorized to work at the site. Any Government-furnished identification shall be returned to the Government when the Contractor employee no longer works for the Contractor at this installation.

1.3.13.1. Denial of Installation Access. Contractor employees may be denied access to the military installation by the installation law enforcement officials if it is determined that such entry may be contrary to good order, discipline or the security of the installation. The installation may bar Contractor employees from entering the military installation under the provisions of Title 18, United States Code Section 1382. Denial of installation access for reasons identified in this paragraph does not constitute an excusable performance delay.

1.3.13.2. Motor Vehicle Registration. Prior to commencing work Contractor employees shall register their vehicles in accordance with (IAW) the installation motor vehicle registration regulations.

1.3.14. Bomb Threats. The Government will post a copy of DeCA Bomb Threat Data Card, DeCAF 30-98, in a prominent position at each active telephone. The Contractor shall instruct Contractor personnel to use this form and immediately contact installation law enforcement authorities. If Contractor personnel receive a bomb threat for the commissary, the Contractor shall immediately call the installation law enforcement authorities, advise the Store Director or a department manager, and evacuate Contractor personnel from the threatened building(s) IAW the Emergency Evacuation Plan posted in commissary facilities.

1.3.15. Safety. The Contractor shall comply with all applicable OSHA, DoD, DeCA and installation safety regulations. The Contractor shall take or cause to be taken such additional measures as the Contracting Officer may determine to be reasonably necessary for the purpose of safety. The Contractor shall familiarize employees with the Emergency Evacuation Plan posted in the commissary, operation of safety equipment, and locations of emergency exits. In the event of an emergency, Contractor personnel performing work during times that entrance/exit doors are locked shall exit through "emergency" or "panic doors" as depicted in the Emergency Evacuation Plan. Contractor personnel performing work during times that entrance/exit doors are unlocked, shall leave the facility through the nearest available exit or emergency exit.

1.3.16. Accident Reporting. The Contractor shall report all accidents immediately to the COR or on duty Government manager. The Contractor shall maintain an accurate record of, and will report to the Store Director on DeCA Form 30-301, all accidents resulting in death, traumatic injury, or occupational illness, as a result of work performed under this contract. For damage to any Government property, the contractor shall maintain an accurate record of, and report said damage to the Store Director on DeCA Form 30-111. Regardless of whether accident reporting is relative to DeCA Form 30-301 or DeCA Form 30-111, required notification shall be as soon as practicable, but in no case later than the next business day following the accident.

1.3.17. Parking. The Contractor employees shall park only in areas designated by the Store Director.

1.3.18. Shopping Privileges. Employment by the contractor does not grant contractor personnel authorization to purchase resale items at the commissary. Contractor employees may only shop at the commissary if they are in a category of authorized commissary patron. Contractor employees can neither receive commissary resale items as gifts nor have or solicit authorized patrons make purchases on their behalf. At the time they begin work on the contract, the contractor shall notify all employees in writing that working for the contractor does not authorize them to purchase commissary resale items and that they may not receive commissary resale items as gifts. Contractor employees shall be reminded of this prohibition annually while they work on the contract. Violations of this paragraph shall be handled in accordance with paragraph 1.3.11, Barring of Employees from Performing on Contract.

1.3.18.1. Contractor employees with commissary privileges shall shop in the commissary only when they are off duty and shall show appropriate identification before purchasing commissary items. The purchased items shall immediately be removed from the commissary through the main exit door. As an exception, the employees with commissary privileges may purchase items for consumption during their lunch breaks. Items purchased during a lunch break shall be consumed in an authorized area.

1.3.18.2. The sales receipt shall be retained with the merchandise until the item is consumed or removed from the premises.

1.3.18.3. Contractor personnel with commissary privileges shall not purchase merchandise for consumption by other personnel or organizations not authorized to shop in the commissary.

1.4. QUALITY CONTROL/QUALITY ASSURANCE

1.4.1. Quality Control. The Contractor shall establish and submit a quality control plan to the Contracting Officer no later than two weeks after contract award. The Contractor shall provide an updated copy of the quality control plan to the Contracting Officer as changes occur.

1.4.2. Quality Assurance. The Government will monitor the Contractor's performance under this contract using Contracting Officer Representatives (COR) inspections. CORs will inspect for compliance with contract terms and record any defective performance. Detailed procedures are identified in Section 6, Quality Assurance Procedures.

1.4.3. Performance Evaluation Meetings. The Contractor's PM shall meet with the Contracting Officer or Store Director weekly during the first month of the contract. Thereafter, they shall meet as deemed necessary by either party. When a meeting is held, the Store Director shall prepare a memorandum for record of the discussions and send to the Contracting Officer and PM.

1.5. PHYSICAL SECURITY. The Contractor shall be responsible for safeguarding all government property while in the Contractor's possession. A Government representative will designate entrances and exits for Contractor personnel to use in the commissary. At the close of each work period, the Contractor shall secure all Government facilities, equipment, and materials provided for Contractor use.

1.6. PERFORMANCE CONTINGENCY PLAN. The Contractor shall provide to the Contracting Officer a Performance Contingency Plan. The Contracting Officer will advise the Contractor of the required date for submission. At a minimum this plan shall indicate:

1.6.1. How the Contractor shall notify the Store Director of a possible disruption of contract performance.

1.6.2. How the Contractor shall perform all work under this contract with minimum disruption of services to commissary patrons.

1.6.3. How the Contractor shall use supervisory and other personnel presently employed by the Contractor to minimize the impact of the possible disruption of contract performance.

1.6.4. Other sources of reliable personnel in case of a possible disruption of contract performance.

1.7. CUSTODIAL WORK SCHEDULE. The Contractor shall provide a schedule of planned performance of custodial work to the Store Director. The schedule shall include the day, week, or month the Contractor shall perform each required task. The Store Director will advise the Contractor of the required date for submission. The Contractor shall notify the Store Director, in writing, of proposed changes to the schedule at least 10 calendar days prior to the effective date of such changes.

1.8. CONSERVATION OF UTILITIES. The Contractor shall instruct employees in utilities conservation practices and shall operate under conditions that preclude the waste of utilities.

1.9. GOVERNMENT PERFORMANCE OF WORK. The Government reserves the right to perform any work covered by this contract when required to provide patron support. Such actions do not constitute a breach of contract by the Government. The Contractor will not be paid for services performed by the Government.

1.10. GOVERNMENT OBSERVATIONS. In addition to Contracting Officers and CORs, other Government personnel may from time to time observe Contractor performance/operations. In the event observations impede contractor performance, the contracting officer shall be notified as soon as possible.

SECTION 2: GOVERNMENT-FURNISHED FACILITIES, SERVICES, EQUIPMENT, AND SUPPLIES

2.1. GENERAL. The Government will provide access to facilities, services, equipment, and supplies as follows:

2.2. FACILITIES

2.2.1. Commissary Facilities. The Government will furnish and/or make available the commissary facilities identified in 1.1.1. for performance of work under this contract. These facilities have been inspected for compliance with OSHA. No hazards have been identified for which workarounds have been established. The Government will correct (if necessary) hazardous conditions in accordance with Government developed and approved plans of abatement taking into account safety and health priorities. A higher priority for correction will not be assigned to the facilities provided hereunder merely because of this contracting initiative. The fact that no such conditions have been identified does not warrant or guarantee that no possible hazard exists, or that workaround procedures will not be necessary or that the facilities as furnished will be adequate to meet the responsibilities of the Contractor. The Contractor is responsible for ensuring Contractor employees comply with the requirements of OSHA. The Government will assume no liability or responsibility for the Contractor's compliance or noncompliance with such responsibilities with the exception of the aforementioned responsibility to make corrections IAW approved plans of abatement. The Government will furnish the following facility-related services:

2.2.1.1. Building Maintenance. The Contractor shall notify the Government in writing when repairs or maintenance to commissary facilities, including installed equipment such as shelving, display fixtures, and balers/compactors, are required. The Contractor shall not alter commissary facilities without specific prior written approval from the Contracting Officer. At the end of the contract performance, the facilities used in the performance of the required services shall be in the same condition as when Contractor performance began, fair wear and tear and approved modifications excepted.

2.2.1.2. Utilities. The Government will provide the utilities necessary to perform all operations required by this contract.

2.2.1.3. Insect, Pest, and Rodent Control. The Contractor shall notify the Government when insect, pest, or rodent activity is discovered.

2.2.1.4. Bulk Refuse Pickup/Disposal. The Government will provide bulk refuse disposal.

2.2.1.5. Telephone. The Government will provide access to local telephone service (installation and surrounding community). The local service is limited to use for official business only (Government business and emergencies). Subject to availability and installation approval, the Contractor may, at his/her expense, have a telephone installed for non-local calls or an internet connection installed for internet access. The contractor shall bear all costs associated with an additional telephone line for non-local calls or the internet connection for internet access.

2.2.1.6. Emergency Protection. The Store Director will provide local telephone numbers for police, fire, and medical services.

2.3. SUPPLIES AND EQUIPMENT

2.3.1. Equipment The Government will provide the property and shared equipment identified in this section and Exhibit 2-1 for performance of services required under this contract. The Government will ensure shared equipment is in good working order and complies with applicable safety standards (OSHA, DeCA, and other nationally recognized consensus standards) before the Contractor's use. While the Contractor is expected to meet contract requirements with existing shared equipment, the Government may furnish replacements or add new equipment to improve commissary service. Orientation training will be provided by the Government for any new equipment used by the Contractor. The Contractor is expected to meet contract requirements with existing shared equipment. The Government may furnish replacements with existing equipment or add other new equipment to improve commissary service methods or output. The Government will provide orientation training on new commissary equipment that the Contractor will use.

2.3.1.1. Trash Receptacles and Covers

2.3.1.2. Metal/Plastic Bands for Cardboard and Plastic Bales

2.3.3.1.3 Desk, Chair, and Supply Cabinet to Store Equipment/Supplies The Government will provide the Contractor with a desk, a chair, and a storage cabinet for office supplies, etc., and with space to situate this equipment. If this equipment is located in an area to which the Contractor can control access, then the desk and storage cabinet need not be lockable. If this equipment is located in an area to which the Contractor cannot control access, then the desk and storage cabinet will be lockable. The Government will provide 156 square feet in which the Contractor may store equipment and operating supplies needed to perform work under this contract. This area will be securable, but the Contractor shall be responsible for maintaining the security of the area, e.g., keeping doors locked, providing locks and keeping them locked, etc. The contractor shall not store equipment and operating supplies in any other area on-site.

2.3.1.4. Employee Lockers

2.3.1.5. Identification Badges. The Contractor shall request employee identification badges from the Store Director for all employees prior to their first day of work under this contract.

2.3.1.6. The Government will permit Contractor personnel to use restrooms, break rooms, and water fountains. During and after using these areas Contractor personnel shall clean up after themselves as necessary.

EXHIBIT 2-1 GOVERNMENT-FURNISHED EQUIPMENT (GFE)

The Government will provide the shared equipment listed below to the Contractor for use when performing work under this contract.

SECTION 3: CONTRACTOR-FURNISHED EQUIPMENT AND SUPPLIES

3.1. GENERAL. Except for those items or supplies specifically stated as Government-furnished in Section 2, the Contractor shall furnish everything required to perform the work described in this contract.

3.2. EQUIPMENT

3.2.1. Compliance with Equipment Standards. All Contractor-furnished equipment shall comply with all applicable OSHA, DeCA, and other nationally recognized consensus standards. The Government reserves the right to require the Contractor to remove from the commissary premises any Contractor‑owned property that does not meet such standards, which is not being used for its intended purpose; or that the Government determines may cause damage or destruction to commissary facilities or property.

3.2.2. Loss or Damage to Contractor Property. The Government will provide a securable area for the Contractor to store Contractor equipment/supplies. The security of the equipment/supplies is the responsibility of the Contractor. The Government will not be responsible in any way for loss or damage occasioned by fire, theft, accident, or otherwise to the Contractor's materials, supplies or equipment stored on Government property, unless the Contracting Officer determines that the loss or damage is due to gross negligence on the part of the Government. Any damage to the Contractor's property/equipment caused as a result of Government operations will be recorded on DeCAF 30-111, DeCA Property Damage Accident Report, by either the COR or Store Director and forwarded to the DeCA activity safety representative.

3.2.3. Reserved

3.3. OPERATING SUPPLIES. The Contractor shall furnish all operating supplies necessary to meet the requirements of this contract.

3.3.1. Compliance with Standards. The Contractor shall use only cleaning/sanitizing/degreasing agents which have been approved for specific use on food contact surfaces by the United States Department of Agriculture (USDA) or the Food and Drug Administration (FDA) in accordance with 21 CFR 178.1010, Sanitizing Solutions. In addition, all chemicals (cleaning soaps, sanitizers, etc) must be listed in the NSF International (formerly National Sanitation Foundation) White Book – Non-food Compounds Listing which is available at: http://www.nsf.org/usda/psnclistings.asp. These products must be used in accordance with Environmental Protection Agency (EPA) approved manufacturers' label use instructions and only for the specific purpose for which they have been approved. The Contractor shall use sanitizer test kits to determine that sanitizers meet the required strengths. The Contractor shall keep Material Safety Data Sheets (SDSs) for all hazardous chemicals used under the contract on the premises and readily accessible for review by Contractor and Government personnel as required by Occupational Safety and Health Administration (OSHA) Standard 29 CFR 1910.1200, Hazard Communication. The Government reserves the right to require the Contractor to remove from the commissary premises any Contractor‑owned property that does not meet such standards, which is not being used for its intended purpose; or that the Government determines may cause damage or destruction to commissary facilities or property.

3.3.1.1. In fulfilling any supply requirements under this contract that call for plastic bags, the Contractor shall procure/use ONLY CLEAR PLASTIC BAGS.

EXHIBIT 3-1 Propane (LPG) Fueled Equipment Requirements

The Contractor shall:

A. Provide equipment which:

1. Has components listed by a recognized testing laboratory (e.g., Underwriters Laboratory (UL), Compressed Gas Association (CGA)).

2. Has an LPG fuel cylinder that is Department of Transportation (DOT) approved (aluminum is recommended due to the requirement for outdoor storage) for use on floor maintenance equipment. LPG cylinders must be equipped with a disconnect fixture to allow removal for outside storage when not in use.

3. Has engine exhaust gas emissions at or below the Environmental Protection Agency (EPA) criteria.

4. Will not generate noise levels at the operator position, that exceeds the current DoD index level for action, of 8-hour time-weighted noise level of 85 A-weighted decibels (dB).

B. Provide facilities (typically a lockable cage) to store fuel cylinders in a location exterior to the commissary building. A commissary official (typically the Store Director) will determine the actual storage site. The Contractor shall not maintain more than two fuel cylinders per machine. The Contractor shall not refuel any fuel cylinder in the commissary building and will not refuel any cylinder to beyond 80 percent of its rated capacity. Contractor shall remove fuel cylinders from equipment and secure them, in designated storage facilities, at the end of the floor cleaning/care process (typically, will be daily). All fuel handling and storage requirements are subject to the local jurisdiction's (Safety/Fire Protection) approval.

C. Ensure personnel are designated to handle and/or operate equipment. Designated personnel shall be trained or certified to operate/handle equipment in accordance with manufacturer specifications or recommendations (concerning safe storage, handling and operation of equipment, fuel, and maintenance/repair). Upon the request of the Contracting Officer, the Contractor shall provide verification/evidence of such training/certification. Records shall be maintained as required by National Fire Protection Association (NFPA) National Fire Code (NFC) No. 58.

D. Maintain, repair, and/or perform preventive maintenance as specified by the equipment manufacturer. Upon the request of the Contracting Officer, the Contractor shall provide verification/evidence of such actions. All maintenance, other than that defined as operator maintenance, shall be performed off-site, i.e., not at the commissary facility.

E. Provide to trained operators, a device and/or devices, that will "at a glance" indicate the presence of carbon monoxide (CO) before CO reaches the "action" atmospheric levels established by OSHA. Devices shall be kept current and changed out before expiration dates.

F. Meet all requirements within the current edition of:

1. 29 Code of Federal Regulations (CFR) Parts 1900 to 1910 (OSHA General Industry Standards).

2. NFPA NFCs. (Primarily NFPA NFC No. 58, Liquified Petroleum Gas Code).

SECTION 4: SPECIFIC TASKS

4.1. GENERAL. The Contractor shall perform all tasks described in this section.

4.2. CONTROLS AND RESTRICTIONS. The following controls and restrictions generally apply to the tasks described below.

4.2.1. Disposition of Damaged Items. The Contractor shall immediately notify the Government of damaged merchandise and make disposition of damaged items discovered during any operations under this contract as described here. Damaged items include: glass, plastic jars or bottles that are cracked, chipped, crushed, or broken; bags or boxes that are cut, crushed, or broken; cans that are rusted or that have swollen or popped lids, dents on seams, or that are dented to the point the can is creased; any item with an illegible, partial, or badly torn label, or without a label; and any item that shows signs of insect or rodent infestation. The Contractor shall separate damaged food items from damaged non-food items and move all damaged items to the damage control area designated by the Government. For this purpose, paper and plastic products such as cups, plates, eating utensils and pet food are considered to be food items. The Contractor shall handle damaged items with care to avoid additional damage to these items. Whenever possible, the Contractor shall mark unlabeled containers to identify contents. The Contractor shall advise the Store Director whenever infested merchandise is discovered. If, during stocking operations, Contractor employees open a case that contains damaged and undamaged units, Contractor employees shall separate out the undamaged units, clean these units if necessary, and stock the undamaged units.

4.2.2. Damage Caused by Contractor. The Contractor shall exercise care to prevent damage to the Electronic Shelf Labels (ESL) and commissary merchandise when performing any services under this contract. If determination has been made that the Contractor’s failure to use reasonable care caused damage to the Electronic Shelf Labels, the Contractor shall replace/repair the damage at no expense to the Government as the Contracting Officer directs. Upon a written determination by the Contracting Officer that Contractor-caused damage to commissary merchandise (including merchandise with expired code dates) is excessive, the Contractor shall reimburse the Government for Contractor-damaged merchandise IAW the table contained in Section 6, Quality Assurance Procedures.

4.2.3. Equipment Restrictions. The Contractor shall not use equipment with steel wheels on commissary sales floor areas. The Contractor may use battery powered forklifts/pallet jacks and/or manually powered pallet jacks with hard rubber or pneumatic wheels, or other equipment that does not mar floors in the sales area. Forklift and pallet jack arms shall be lifted high enough off the floor during operation to prevent scrapes or floor damage.

4.3. SHELF STOCKING

4.3.1. Estimated Shelf Stocking Workload and Line Items.

4.3.1.1. Day and Night Stocking Hours of Operation. The Contractor shall perform day and night stocking operations during the times shown in 1.2.1.

4.3.2. Specified Conditions Applicable to Certain Items. The Contractor shall stock all grocery department items except the following categories, which will be issued to the Contractor for stocking only under specific not-on-shelf (NOS) conditions. DeCA reserves the right to change these conditions and/or the category listing if the needs of the Agency change in the future. Any such changes will be negotiated with the Contractor and become effective only by execution of a bilateral modification.

4.3.2.1. Milk and Milk Alternatives, eggs, fresh chicken, and National Industries of the Blind (NIB) impulse strip clips and NIB racks. Freedom’s choice products in these categories are not excluded.

4.3.2.2. Items delivered via Direct Store Delivery (DSD)

4.3.2.2.1. VENDOR-Not-Stocked Cases. Should the Government determine that a Direct Store Delivery merchandiser and/or vendor stocker has/have not fulfilled stocking responsibilities, the Government will issue to the Contractor cases that would normally have been vendor-stocked. The Government will issue these cases as early as possible in the Contractor's night or day stocking shift, and may override the Contractor's day stocking priorities described in 4.3.3.15.2. by specifically instructing the Contractor to stock these cases as the Contractor's first priority, if the shelf is empty. The Contractor shall stock any such cases that the Government issues in accordance either with stocking priorities stated in the contract, or in accordance with situation specific Government priorities, if the Government chooses to override stocking priorities stated in the contract. The Contractor will record, all such cases as "vendor night or vendor day cases stocked" and will submit the count of any such cases stocked to the Contracting Officer as a separate sub-total in the COR's month-end submission of cases stocked.

4.3.3. Shelf Stocking Procedures. Unless otherwise indicated, the following procedures apply to all shelf-stocking operations. Procedures that apply only to day stocking are described in 4.3.3.15.

4.3.3.1. Cleaning and Dusting. The Contractor shall clean and dust merchandise and exposed shelf areas, (gondolas, refrigerated and freezer cases to include all portable and stationary refrigerated and freezer cases in all instances) as necessary, in all areas for which the Contractor is responsible for stocking to preclude dust, dirt, or residue on all shelves, shelving components, portable and stationary refrigerated and freezer cases and merchandisers. Shelving areas and components include the entire upper surface of all shelves, sides, backs, brackets, moldings on all shelves, and undersides of all shelves, except the undersides of all bottom shelves. Cleaning and dusting of shelves shall include removing tape, adhesive backing, plastic “ties,” coupon holders, food particles and other such materials from shelf surfaces, to include shelf molding and ESL tracking. Use care when spraying and cleaning the shelves in order to prevent moisture damage to the Electronic Shelf Label (ESL). If dump bins are utilized to hold stock, the Contractor shall remove the dump bins and clean the shelving underneath. The Contractor shall clean up any breakage or spills on shelves or merchandise as soon as possible after each such occurrence. If the Contractor finds signs of rodent infestation, the Contractor shall notify the Store Director and shall clean and sanitize the contaminated areas as soon as possible using cleaning/sanitizing agents authorized that are listed in the NSF International (formerly National Sanitation Foundation) White Book–Non-food Compounds Listing, available at: http://www.nsf.org/usda/psnclistings.asp.

4.3.3.2. Methods of Stocking. See Exhibit 4-1 for illustration of shelves stocked IAW procedures described below:

4.3.3.2.1. Shelf Locations and Item Allocations. The Contractor shall stock all cases available for stocking in the proper shelf locations and within item allocations. The Contractor shall stock all items to the nearest full case and shall open a case only if the entire contents of the case can be stocked in an item allocation, except as authorized in 4.3.3.2.1.1. for stocking partial cases. The Government will designate shelf locations and item allocations with labels or ESLs and will post new or updated labels or ESLs as required. The Contractor shall inform the Store Director when a shelf label is missing or illegible; when no shelf space has been allocated for a line item; or when changes to shelf allocations are required to accommodate new products or as the result of increased/decreased sales. The Contractor shall inform the Store Director when the Electronic Shelf Label is out of place, damaged, or missing, or if the label is inoperable. The Contractor shall not reduce or exceed the allocated space identified for each line item unless authorized by the Store Director. Periodically, the Store Director may advise the Contractor of changes in item allocations or locations.

Some frozen items will need to be “slacked out” prior to stocking. Slack out is defined as product that is delivered/stored in a frozen state, but is designated to be stocked in a perishable or non-perishable shelf location. Items designated as slack out items require an expiration date to be affixed to each unit by the contractor prior to stocking to the designated shelf location. The affixed date label will not be placed as to cover the brand name, UPC or ingredients. The Government shall provide the Contractor with a list of slack out items, shelf life from slack date associated with each product, and a device to apply the labels to the product. Labels refills will be supplied by the government.

*A case equivalent for slack out items is 12 units slacked out and stocked

4.3.3.2.1.1. Partial Cases/Partial-Cases-Remaining. The Contractor shall stock items to the nearest full case, except for those items that the Store Director has specifically identified to be stocked in partial cases because the shelf allocation for these items, even when completely empty, will not hold a full case. Stocking to the nearest partial-case means that a Contractor shall stock all units that will fit to the shelf to fill the shelf to capacity with remaining to be stocked as shelf space becomes available. The Contractor will record a case stocked each time the Contractor stocks the first portion of the partial cases, but will not record any stocking effort when the Contractor stocks the remaining units from these cases.

*Included in 4.3.1. Total cases stocked

4.3.3.2.1.2. Overwrite cases. Overwrite cases are defined as cases that the Government has ordered from FDS distributors for replenishment stocking, and that the Contractor has moved to the sales floor to stock; but which the Contractor cannot stock in shelf space available in item allocations. The estimated percentage of overwrite cases per month is 7% of the total monthly cases available for stocking by the Contractor.

4.3.3.2.1.3. Cases-Not-Stocked. Cases-not-stocked are defined as cases that the Contractor could have stocked in shelf space available in item allocations; but which the Contractor did not stock from the current FDS delivery. The contractor shall ensure daily FDS deliveries are stocked to the nearest full case. Cases not stocked penalties are only assessed on the first day of the FDS delivery period, whether single or multi-day delivery with stock intermingled. The penalty assessment for any cases-not-stocked from each new FDS delivery will be calculated as follows:

(Total Annual Shelf Stocking Price/ divided by total annual estimated cases) multiplied by monthly cases not stocked.

Example:

Total Annual Shelf Stocking Price: $1,500,000 Total Annual Case Estimate: 675,000 Cases not Stocked June 2024: 1200

1200(1,500,000/675,000)= $2,666.667 (overwrite cases, new items, vendor stocked items, and stored merchandise/ display merchandise as identified by the Store Director are excluded from this penalty.

4.3.3.2.1.3.1. NIS with Balance on Hand (NIS-BOH). An NIS with BOH is an item that is not currently available on the shelf but inventory is on hand in the display or RSHA. NIS’s with BOH directly impact store sales and the elimination of these are a top priority to the Agency.

4.3.3.2.1.3.2. Cases Not Stocked (NIS-BOH) – The NIS-BOH scan shall be completed by the Government prior to the new FDS load entering inventory and after completion of the night stocking window of opportunity. Prior to the start of the next night stocking window, the COR will review the list for all items that had a minimum of one half of a case on hand. If contractor responsible items with a BOH that appear on this report fall below an Acceptable Quality Level (AQL) of 98%, a penalty for all items will be assessed. The AQL will be calculated as follows:

(Total Contractor Responsible Line Items minus NIS-BOH) divided by (Total Contractor Responsible Line Items – NIS Items) expressed as a percentage. An example follows:

Total Contractor Responsible Line items: 14,691 Total NIS-BOH: 230 Total NIS: 170

(14,691-230) = 14,461 = 99.59% Shelf Availability (14,691-170) 14,521

The Penalty will be assessed as follows:

Margin of Item…