PWS with no QASP - In-store Seafood Market Oct.2024 Final.12.18.2024_DRAFT.pdf

DRAFT

PERFORMANCE WORK STATEMENT

FOR

IN-STORE SEAFOOD MARKET RESALE OPERATIONS TO INCLUDE ROADSHOWS

October 2024

1. GENERAL

1.1 Introduction. The Defense Commissary Agency (DeCA), Department of Defense (DoD), operates a worldwide commissary system that provides quality grocery products at cost to active-duty military personnel and retirees, members of the Reserve and National Guard, their families and other authorized users. Commissaries are an important inducement to recruitment and retention of skilled personnel, while simultaneously holding down taxpayer costs. Surveys consistently rate the commissaries as one of the military’s top non-pay benefits. Many young service families benefit from the price savings provided by the commissaries.

1.2 Mission. The Defense Commissary Agency delivers a vital benefit of the military pay system that sells grocery items while enhancing quality of life and readiness. Below is a list of roles and responsibilities for individuals responsible to carry out the mission for the purpose of this Performance Work Statement (PWS) requirement.

1.2.1 Contracting Officer. The Contracting Officer is the only individual authorized to enter into, administer, change, and terminate contracts. The Contracting Officer is responsible for ensuring that all contract actions comply with appropriate laws, executive orders, regulations and other applicable procedures and approvals.

1.2.2 Contracting Officer’s Representative (COR). The Contracting Officer’s Representative is the requiring activity individual designated and authorized in writing by the Contracting Officer to perform specific technical and administrative functions in support of the contracted operation.

1.2.3 Category Manager (CM). The Category Manager is the requiring activity individual who is responsible for identifying the requirements and managing the success of the program for contracted In-store Seafood Market Resale Operations to include Roadshows, for DeCA. The DeCA Category Manager works with a team that shares the responsibility for this requirement. The DeCA Category Manager may designate a Category Management Team member as the primary point of contact for this requirement. The DeCA Category Manager, or designee, has final approval.

1.2.4 Commissary Officer. The Commissary Officer is the requiring activity individual who is responsible for overall management and operation of a commissary store to include operating within Agency policy and standards.

The Commissary Officer responds to the support requirements of patrons, meets with consumer groups, and acts as the liaison for DeCA at the installation level.

1.2.5 Military Food Inspectors (MFI). The MFI serves as the food safety regulator for the requiring activity. The MFI is a representative of the U.S. Army or U.S. Air Force Public Health Command. U.S. Army Public Health Command representative support commissaries on Army, Navy, and Marine Corp Installations. U.S. Air Force Public Health Command representative support commissaries on Air Force Installations. The primary role of the MFI is to regulatory in nature and reinforce federal and DoD food safety and sanitation requirements. In addition to the regulatory role, the Army MFI also performs food inspections as a core mission requirement. Food inspections are performed to determine compliance with sanitary, quality, condition and wholesomeness in accordance with general guidelines of the National Oceanic and Atmospheric (NOAA) Fisheries, Dept. of Commerce. All items sold in the commissary store are subject to inspection by MFI.

1.3 Background. This contract is written and will be administered as a Performance Based Services Acquisition (PBSA). This method of contracting requires that the Government describe the requirements the Contractor must meet in terms of outcome or results. The how is left to the Contractor within certain regulatory guidelines as referenced herein. This allows the Contractor more flexibility in achieving the desired results. The Contractor shall execute its responsibilities under this contract in a manner that is consistent with the performance standards contained herein.

1.3.1 The Government shall neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees.

1.3.2 It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the Contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor's responsibility to notify the Contracting Officer immediately.

1.4 Scope. The Contractor shall furnish all personnel, supervision, food products, miscellaneous operating supplies, and other items unless otherwise specified, necessary to operate a well-stocked seafood market resale operation to include “roadshows” offering a variety of items in quantities to satisfy patron demands, ensure savings, increase sales and maximize patron satisfaction at the commissary locations listed in the Schedule of Supplies (SF-1449 continuation sheet). Provisions for fresh lobster offerings and steaming product at each location will be determined by the Category Manager.

1.4.1 New Establishments. Stores that may be newly built or remodeled that include a footprint for a new In-store Seafood Market Resale Operations to include Roadshows, for DeCA, may be added to the contract without re-competition during contract performance with DeCA Area, Headquarters, and Contracting Officer Approval.

1.4.2 Hours of Performance. The Contractor shall ensure employees are available to operate the In-store Seafood Market Resale Operation to include Roadshows during the hours of operation established for the location(s) in the Schedule of Supplies (SF Form 1449 continuation sheet). For details specific to this contract and PWS requirement see Attachment 5 Commissary Hours of Operation. The Contractor is expected to ensure that sufficient staff is available to provide timely customer service during all hours which the store is operating.

1.4.3 Business Relations. The Contractor shall successfully integrate and coordinate all activity needed to execute the requirement. The Contractor shall manage the timeliness, completeness, and quality of problem identification.

The Contractor shall provide corrective action plans, proposal submittals, timely identification of issues, and effective management of subcontractors. The Contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all Contractor personnel. Professional and ethical behavior includes respecting the diversity and views of all whom the Contractor employee may come into contact with while in performance of this PWS.

1.4.4 Contract Administration. The Contractor shall establish processes and assign appropriate resources to effectively administer the requirements of this contract and PWS requirement. The Contractor shall respond to Government requests for contractual actions in a timely fashion. The Contractor shall have a single point of contact responsible for contract actions and communications between the Government and the Contractor’s corporate office.

The Contractor shall assign work effort and maintain proper and accurate time keeping records of personnel assigned to work on the requirement. The Contractor shall seek to operate in a manner that constantly improves the service provided to the patrons while minimizing costs to the Government for items such as utilities, non-expendable supplies, supplies and equipment.

1.4.5 Records. The Contractor shall ensure sufficient records of its operations are maintained in order to meet the requirements of all DoD and DeCA directives for reporting on the performance of the Contractor operations, as required. Examples of such reports include County of Origin Labeling (COOL) requirements from delivery to DeCA and back to source, temperature logs, product expiration date codes and others as may be required by DoD and/or DeCA Directives.

1.4.6 Ownership of Products. Ownership of In-store Seafood Market Resale Operations, to include “Roadshows”, products will remain with the Contractor until scanned or keyed, (if not able to be scanned), at a DeCA authorized register.

1.4.7 Products. Thirty days prior to the start of performance, the Contractor shall submit a completed DeCAF 40- 15 Display Presentation & New Item Form with an attached spreadsheet to the DeCA Category Manager for approval.

The DeCAF 40-15 can be found at https://corp.commissaries.com/our-agency/business-with-deca/contracting/resale-grocery-products-and-services/brand-name-resale-products The Contractor shall ensure that the DeCAF 40-15 contains accurate and current information on Universal Product Codes (UPCs) and DeCA will assign Price Lookup Codes PLUs for all random weight items sold through the In-store Seafood Market Resale Operations to include Roadshows. Upon approval of the DeCA Category Manager or their designee, DeCA will assist the Contractor in performing a one-time initial upload of product information into DeCA’s Enterprise Business Solution EBS, Power HQ System which is the central repository for information on each and every line item, pricing, vendor and contract details, and sale history. The Contractor shall utilize the EBS Vendor Portal which is the web interface into Power HQ, to submit subsequent price changes throughout the remaining life of the contract. Contractor shall be responsible for ensuring that approved DeCA PLUs, UPCs and product information are loaded into the scales until such time Power HQ pushes this information automatically to the scales. The Contractor shall be responsible for updating product information in the scales as necessary during contract performance. NOTE: DeCA is in the process of replacing the Enterprise Business Solution which includes Power HQ and Vendor Portal. The new system is expected to be on-boarded during the life of the contract. DeCA anticipates minimal impact to the contractor (e.g., learning the new system, obtaining an account in the new system). DeCA anticipates new item input will be automated and information from the new system automatically being communicated to the scales.

1.4.7.1 The Schedule of Supplies will be reviewed semi-annually to ensure appropriate assortment to compete with the retail sector. Provisions for fresh lobster offerings and steaming product at each location will be determined by the Category Manager.

1.4.7.2 The Contractor is required to obtain approval from the DeCA Category Manager prior to adding new items to its item assortment for resale. Until such time that EBS automates the new item process, the Contractor shall complete and submit a 40-15 to the DeCA Category Manager for approval. If the DeCA Category Manager approves the item, DeCA will add the new item and product information into Power HQ. The Contractor shall utilize the Vendor Portal to submit subsequent price changes on all new items. The DeCA Category Manager must approve the new item, and it must be added to Power HQ prior to the Contractor displaying and offering the new item for resale.

1.4.7.3 UPC and PLU Code. The Contractor shall ensure all products offered for sale have an industry standard manufacturer’s UPC code or DeCA Assigned PLU code for random weight products with product description. Under limited circumstances the Contractor may cover the UPC code with any other sticker which would prevent the item from being scanned by the register operator. Approval from the Category Manager or designee. must be obtained prior to covering the UPC code. Approval is on a case by case basis.

1.4.7.4 Items which are coded with an International UPC code that does not scan in our business system may have their UPC code covered with another sticker preventing the item from being scanned by the register. Approval from the Category Manager or designee must be obtained prior to covering the UPC code.

1.4.7.5 The Contractor shall offer for sale products that have been inspected and approved in accordance with Federal or State commercial procedures acceptable to the Contracting Officer. In the absence of a commercial inspection procedure, military inspection procedures will apply. See paragraph 1.4.17.

1.4.7.6. Any subcontract product will be identified with the name and address of the processing facility on the packaging. The identification on the primary container may consist of either the manufacturing plant name and address or a manufacturing plant code. When the manufacturing plant is identified on the shipping documents accompanying the delivery, the plant shall be identified by complete name and address.

1.4.8 Contractor Reimbursement. The Contractor and commissary store personnel shall independently reconcile the amounts of the In-store Seafood Market Resale Operations to include Roadshows for DeCA sales recorded on the scanning system’s daily report. The contractor shall notify commissary store personnel within three business days of any discrepancies. Payment will be based on a weekly rollup of the reconciliation by the commissary store.

1.4.9 Expiration Date Codes. Prior to offering products for resale, the Contractor shall provide expiration date codes and other codes necessary to identify in-date products on the shelf. The Contractor is required to provide a written explanation of the code dating system to the COR for distribution to the Food Safety Inspectors.

1.4.9.1 Items that normally have a sell by date will be clearly marked on each package.

1.4.9.2 The Contractor shall not offer for sale any products which are expired or are beyond the "sell by" or "use by" dates set by the manufacturer.

1.4.10 Endangered Species. From time to time, items which are sold within the seafood market resale operations may be added to the endangered species list or a state or local list of prohibited products. In such cases, the Contractor shall discontinue selling any such item within their stock assortment within 30 days.

1.4.11 Unsafe Temperatures. The Contractor shall be responsible for the proper handling and care, and disposal of its product exposed to unsafe temperatures. See Defense Commissary Agency Directive (DeCAD) 40-28.1, Specialty Department Operations located at https://corp.commissaries.com/our-agency/official-publications.

1.4.11.1 The Government will notify the Contractor immediately upon discovery of Contractor product exposure to unsafe temperatures.

1.4.11.2 The Contractor will notify the Store Administration immediately upon discovery of Contractor product exposure to unsafe temperatures.

1.4.11.3 The Contractor shall request MFI inspection of Contractor product exposed to unsafe temperatures. The Contractor shall notify commissary management when MFI inspection is requested.

1.4.12 Product Recalls, Expired, and Damaged Goods. This clause applies to all products introduced into the Commissary by the Contractor. When a product recall is issued, the Contractor must immediately notify DeCA of the recall and provide accurate and complete product information. Contractors are required to promptly remove recalled, expired, or damaged products from all commissary shelves and storage areas upon discovery or notification of such issues. The Contractor is also responsible for notifying DeCA of any recalls related to products it supplies, ensuring that DeCA is informed within 24 hours of the recall's issuance. The Contractor shall indemnify and hold DeCA harmless from any loss, third-party liability, claim, or lawsuit arising from any injury, illness, or damage related to, or occurring subsequent to, the distribution or sale of recalled, expired, or damaged products. DeCA retains the exclusive right to select its own legal counsel and to manage its own defense in any claims, lawsuits, or legal proceedings brought against it arising out of or related to the distribution or sale of recalled, expired, or damaged products. The Contractor agrees to reimburse DeCA for all legal fees, costs, and expenses incurred in connection with the defense, including but not limited to attorney’s fees, litigation costs, settlements, and judgments. In addition to any other contractual indemnification obligations, the Contractor agrees to bear the cost of any investigation, litigation, and/or settlement related to a claim, complaint, or legal action arising from the distribution or sale of recalled, expired, or damaged products.

1.4.13 Sale of Same Item. From time to time, items which are sold within the seafood market resale operations may become represented by a national broker under exclusive contract with the manufacturer. In such cases, the Commissary must obtain all of these items through the exclusive contract provided by the broker. The Contractor shall discontinue selling any such item within their stock assortment within 30 days from the date of notification by the Category Manager or designee of the change in manufacturer exclusivity with a broker.

1.4.14.1 Items which are sold within In-store Seafood Market Resale Operations to include Roadshows that become represented by a national broker under exclusive contract with the manufacturer may have their UPC code covered with another sticker preventing the item from being scanned by the register for a specifically limited period of time as determined by the Category Manager or their designee. Approval from the Category Manager or their designee must be obtained prior to covering the UPC code. Approval is on a case by case basis.

1.4.14.2 Items which are short dated may be marked down. Marked down items may have their UPC code covered with another sticker preventing the item from being scanned by the register. Approval from the Category Manager or their designee must be obtained prior to covering the UPC code. Approval is on a case by case basis.

1.4.15 Country of Origin Labeling. The Contractor shall comply with all Country of Origin Labeling (COOL) requirements as they relate to point-of-purchase labeling and identification. The Contractor shall comply with all COOL requirements except for the traceability provisions. COOL is required for all wild and farm-raised fish and shellfish. The Contractor’s suppliers shall maintain all records needed to comply with COOL from delivery to DeCA and back to source. Signage will be provided to the contractor as Government furnished supplies.

1.4.16 Fresh Seafood. Fresh seafood purchased as case ready must be packaged in consumer sized packages with oxygen permeable wrapping (if to be sold chilled), dated with the production and sell-by dates and labeled in

1.4.16.1 Fish will be labeled with the acceptable market or common name, as provided in the “Guidance for Industry: The Seafood List – FDA’s Guide to Acceptable Market Names for Seafood Sold in Interstate Commerce,” U.S. Department of Health and Human Services, Food and Drug Administration, Center for Food Safety and Applied Nutrition, latest editions.

1.4.16.2 All seafood shipments, Mollusca shellfish, live shellfish (shell stock) and shucked shellfish must have affixed to the label, the Interstate Shellfish Shippers Number, which indicates the source of the products, in accordance with the Food Code.

1.4.16.3 Shrimp will be labeled with the common name of the product and counts per pound. Shrimp, which have been treated with additives to enhance their keeping quality, must be labeled with those ingredients. Bulk shrimp must have the following information: name and address of processor or distributor, common name, count, net weight, and ingredients.

1.4.17 Sources. All seafood will be procured only from approved sources. Approved sources are those approved by the U.S. Army Public Health Command (USAPHC) and posted on the USAPHC website at https://ph.health.mil/topics/foodwater/ca/Pages/DoDApprovedFoodSources.aspx Instructions on how to become approved are found on the USAPHC website by selecting Appendix B, Section 1- Initial Sanitation Audit Request For the United States, Canada, Mexico, Central America, South America, The Caribbean, And The Pacific Region.

1.4.18 Deliveries. Delivery vehicles must be in good repair and clean. Drivers and vehicles must meet the requirements of the local installation before being allowed onto a military installation. Deliveries are subject to Government inspection before being unloaded. The Contractor may not use failure to meet any of the installation requirements or inspections as valid reason for not meeting the contract or PWS requirement.

1.4.19 Décor. The Contractor shall acquire written approval or verbal (if verbal approval, Contractor must document) from the Store Director prior to making any changes to the décor (e.g., seasonal decorations, merchandising enhancements). The Government will not reimburse the Contractor for such items.

1.4.20 New Initiatives. New initiatives include actions which would significantly change the appearance of the in-store seafood market resale operations or would result in a new service being provided to the patrons which requires changes to the infrastructure of the store or additional Government Furnished Equipment (GFE). Examples include but are not limited to additional or new fixtures or display cases, power, space, ventilation or other changes to the layout of the commissary floor plan.

1.4.20.1 The Contractor will not proceed with any new initiatives without prior written approval from the Category Manager.

1.4.20.2 The Contractor shall provide a business case for new initiatives to the Category Manager for coordination through the Contracting Officer for approval. The Business case will detail the objectives, new equipment required, costs, expected benefits to transaction counts/sales and patron satisfaction and how these will be measured.

1.4.21 Scales. The Contractor shall maintain current and accurate scale system product data. The Contractor shall verify and document daily the accuracy of scales using test weights. The Contractor shall not use scales that fail the accuracy test.

1.4.22 Contractor Manpower Reporting using Enterprise-wide Contractor Manpower Reporting Application (eCMRA). Department of Defense (DoD) has adopted the service contract reporting in the System of Award Management (SAM) process as used by other Federal Agencies and no longer requires contractor manpower reporting in the eCMRA. Furthermore, DeCA resale activity contract actions are not reported to Federal Procurement Data System (FPDS) and are exempt from service contract reporting in SAM according to guidance from the DoD.

2. PERSONNEL

2.1 Contract Management. The Contractor shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned to each commissary store. The Contractor must maintain continuity between the support operations at each commissary store and the Contractor's corporate offices.

2.1.1 The Contractor shall provide, at all times when services are required, a designated on-site manager at each location covered by the contract who bears responsibility for the performance of all work and who has full authority to act for the Contractor on all contractual performance matters related to the daily operations at that location and for ensuring communication between the Contractor and commissary store. Managers should be familiar with Hazard Analysis and Critical Control Point (HACCP) plans.

2.1.2 The Contractor shall provide an adequate number of personnel possessing the “people skills” and the food handling skills, knowledge, training, licensing and certifications, and language skills needed to satisfactorily perform all work required by this contract.

2.1.3 The Contractor and the employees are responsible for following all policies, procedures, laws and regulations in effect on the military installation to include vehicle operations.

2.1.4 The contractor shall not employ current commissary employees without written approval from the Contracting Officer with concurrence from the Agency General Counsel’s office. A copy of the approval will be given to the Category Manager.

2.2 Training. The Contractor shall ensure contract personnel are trained and qualified to perform on the first day of performance and all subsequent days to support this contract and PWS requirement. A new employee (including rehires) shall be fully trained before beginning independent hands-on seafood market services. The Contractor shall develop and conduct a training program for all employees that complies with the FDA Food Code. The Contractor shall maintain a list of all employees who have been trained, the type of training and date of training. This list shall be provided not later than 10 days prior to the start of performance and annually thereafter to the COR not later than 30 days in advance of each subsequent performance period, as applicable, throughout the life of the contract. The list shall further be available for inspection at any time by Government personnel.

2.3 Removal of Personnel. At the request of the Commissary Officer, the Contracting Officer will require the Contractor to immediately bar any Contractor personnel whose conduct is determined to be inconsistent with the best interests of the Government from performing further work under this contract. Examples of conduct inconsistent with the best interests of the Government are: Willful destruction or mishandling of Government, patron, or vendor property; loitering; use of tobacco products in other than designated areas; unauthorized eating, grazing, or theft; acceptance of samples and gratuities; use of alcoholic beverages, illegal drugs or illegal use of controlled substances; execution of work in other than a skillful manner; displaying disruptive or unacceptable behavior (e.g., abusive, demeaning, foul or threatening language and fighting); or willful violations of safety standards by Contractor personnel. Removal of any employees for such cause will not constitute a valid basis for nonperformance of contract services or a claim for additional compensation.

2.5 Security. The Contractor is responsible for ensuring all employees meet security requirements for employment within a government organization, to include National Agency Check (NAC). All Contractor personnel with access to unclassified information systems shall have at a minimum a favorable NAC.

2.6 Dress Requirements. Contractor personnel shall present a clean, well-groomed appearance at all times while performing under this contract.

2.6.1 Contractor personnel shall wear, at all times while performing on this contract, some form of professional identification, customary in industry practices, that clearly displays the employee’s name and the company name.

2.6.2 Jewelry shall be kept to minimum use. Earrings should be limited to single studs, and hands should be limited to wedding bands only. Facial jewelry, such as eyebrow and nose rings, shall not be worn. Detailed guidance is provided in DeCA Directive 40-28, Specialty Department Operations, DeCA Manual 40-28.1, Specialty Department Operations.

2.7 Contractor Employee Commissary Purchases. A Contractor employee who is an authorized commissary patron shall make no purchases during the hours the employee is working for the Contractor, except for items purchased for immediate consumption during the employee’s lunch or break. The employee shall be able to provide the receipt for those items until the items are consumed.

2.8 Contractor Assistance. The Contractor shall cooperate with Governmental authorities in any administrative, civil, or criminal proceedings, including providing documentation related to employees or performance under this contract.

2.9 Operating Motor Vehicles on a Military Installation. Contractor employees operating a motor vehicle on a military installation shall comply with any and all applicable federal, state, and local laws and regulations.

3. SPECIFIC REQUIREMENTS

3.1 Product. The Contractor shall offer daily a variety of random weight and non-random weight items sufficient to meet patron demand. The selection of these products will be determined by patron demand and reviewed by store management. The addition and deletion of non-core items shall be the discretion of the Contractor and should be based on product availability, price, customer acceptance or other criteria deemed appropriate by the Contractor.

3.1.1 Random Weight. These items are bulk items sold by weight and require additional preparation and or packaging prior to being purchased by the patron.

3.1.2 Non-Random Weight. These items arrive at the store pre-packaged and require no additional preparation for immediate purchase by patrons. These items have a manufacturer provided UPC code.

3.2 Savings. The contractor shall ensure that prices on all core items offered meet a minimum of 13 percent savings with an overall target of 25 percent patron savings, across all core items. Under no circumstances across all non-core items shall the per-item (whether sold by weight, volume, or per each) savings be less than 10 percent below the retail price of the comparable store(s) within the local competitive area.

3.2.1 The Contractor shall ensure that the savings over retail price within the local competitive area are achieved on a daily basis. Items compared shall be the same or similar items from a commercial supermarket operation within the local competitive area.

3.2.2 For each item the Contractor carries in their stock assortment for which there is no local competition, the Contractor shall ensure that the savings over average price within the geographic or national area are achieved on a daily basis. Items compared shall be the same or similar items from a commercial supermarket operation within the geographic or national area.

3.2.3 The local area is defined as within a 10 miles radius of the commissary store. If no competitors exist in the local area, the Contracting Officer will provide guidance on the competitive radius.

3.3 Sales. The Contractor shall increase overall annual sales on core and non-core items. Year-Over-Year (YOY) sales growth shall be equal to or greater than 3%. DeCA has determined that the use of “road shows” to market commercially available fresh, refreshed, and frozen seafood product is an effective merchandising method to generate sales. The Contractor shall coordinate with the Category Manager or designee to schedule, and conduct “road show” sales events for fresh, refreshed, and frozen seafood products at the commissaries covered by this contract.

3.4 Promotions. Contractor will be expected to provide at minimum one weekly promotion at a discount compared to the previous week, to support customer satisfaction. Weekly promotions must be communicated to the Category Management Team weekly.

3.5 Customer Satisfaction. The Contractor shall provide high quality customer service with minimum wait times.

The Contractor shall provide helpful, pleasant interactions to all patrons of the commissary and Government personnel.

3.6 Roadshows. The Contractor is responsible to ensure proper coordination with the Commissary Officer for the following:

• Days and hours for the roadshow sale;

• Location of display equipment inside or outside the store;

• Inclement weather plan, as applicable;

• Product to order for sale to include volume (See Attachment 4 Core Item List);

• Load and test, if applicable, UPCs and PLUs;

• Cross merchandising items (seafood sauces, crab shelling tools, etc.) to be included in the sale;

• Veterinary Corp’s involvement, as applicable, to clarify sanitation issues;

• Parking arrangements for the supplier’s truck throughout the sale event;

• Delivery and removal of product;

• Set-up, cleaning, and removal of equipment;

• Removal of waste to include ice;

• Issuance and return of Government Furnished Items and Equipment;

• Provision of sales banner;

• Suspense date for the provision of sales flyers listing the items and their prices to include quantities of sales flyers; and

• Use of store cash registers to include Government personnel to operate the registers or how items will get to cash register to ensure patrons pay for them.

3.7 Installation Access. The contractor shall be responsible for obtaining applicable installation passes and inspections for vehicles and personnel at no additional cost to the government. Contractor employees may be subject to background security checks or clearances in order to obtain credentials for passes. Some installations are using programs such as RAPIDGate at a cost to the contractor. Any costs associated with obtaining passes must be included in the proposed contract pricing prior to award of any resultant contract. Contractor will coordinate with the Commissary for personnel and delivery access to installations.

4. QUALITY

4.1 Quality Control Plan (QCP). The Contractor shall provide to the Contracting Officer a QCP for their operations not later than 15 days prior to the start of performance and updated not later than 30 days in advance of each subsequent performance period, as applicable for the life of the contract.

4.1.1 The QCP shall address adherence to all applicable requirements of Federal, State and Local regulations regarding sanitation and food safety to include the FDA Food Code.

4.1.2 The QCP shall include a Hazard Analysis and Critical Control Point (HACCP) plan addressing all hot foods (i.e. steaming crabs, steaming lobster, cooking rice, etc.).

4.1.2.1 The HACCP plan shall be updated when changes in operations occur. The HACCP plan verification procedures shall include adherence to an annual review of operations to ensure the HACCP is current and applicable to all operations.

4.1.2.2 The HACCP plan shall be routed through the DeCA Area Consumer (Food) Safety Officer for approval.

4.1.3 The QCP shall include the Government requirement for maintaining a Government furnished temperature log in accordance with food safety regulations. The logs are the property of the Government and the incumbent shall ensure the temperature logs remain with the commissary store.

4.1.4 The QCP shall include the Government requirement for compliance with the requirements of COOL as they relate to this requirement.

4.1.5 The QCP shall address the requirement to ensure DeCA systems are updated to reflect current and accurate UPC, PLU and pricing information to include Government Furnished Equipment (e.g. scales).

4.1.6 The QCP shall address adherence to ensuring endangered product is not available on the shelf for patrons to purchase within 30 days or less of product added to the endangered species list or to a state or local list of prohibited.

4.1.7 The QCP shall address adherence to ensuring product is only procured from approved sources.

4.1.8 The QCP shall address adherence to ensuring expired product is not available on the shelf for patrons to purchase.

4.1.9 The QCP shall address the requirements for year over year sales growth and patron savings.

4.1.10 The QCP shall include adherence to sanitation standard operating procedures.

4.1.11 The QCP shall address training and refresher training.

4.1.12 The QCP shall address the specific requirements for product, savings, customer satisfaction, and sales.

4.2 Quality Assurance Surveillance Plan (QASP). The Contractor, and not the Government, is responsible for management and quality control actions to meet the terms of the contract. The role of the Government is quality assurance to ensure contract standards are achieved.

4.2.1 The Government will inspect and evaluate the Contractor’s performance to ensure services are received in accordance with requirements set forth in this contract. The Government will use a variety of surveillance methods to evaluate the Contractor’s performance. The Government may unilaterally change the type and frequency of inspections, as necessary.

4.2.1.1 The Government will conduct periodic inspections, random samplings, assessments of the Contractor’s QCP, and service level monitoring.

4.2.1.2 Assessment of the Contractor’s QCP predominantly will be accomplished by reviewing the Contractor’s inspection checklists or other documentation that identifies the areas and items inspected, the method used to inspect, the frequency of the inspection, the corrective actions taken for deficiencies identified, and the name and title of the person(s) performing the inspections. The Government will periodically validate the Contractor’s QCP as it pertains to meeting the government requirement for patron savings and year over year sales growth. 4.2.1.3 Core and non-core item price comparisons will be based on the National Oceanic and Atmospheric Administration (NOAA) Fisheries product description or DeCA’s PLU listing.

4.2.1.4 Market Basket Surveys (MBS). A MBS is performed by the Contractor or designated representative to validate the percentage of patron savings offered by the Contractor. A MBS shall be conducted at minimum of one commercial grocery store(s) and/or a supercenter that are within the closest geographical proximity (10 miles) to the commissary location. The Contractor may choose the commercial grocery or commercial supercenters where the surveys will be conducted. A supercenter is defined as a very large discount department store that also sells a complete line of grocery merchandise, (i.e. Walmart Supercenters), excluding memberships clubs. For a limited number of remote commissary locations, commercial grocery stores identified for the purpose of the monthly survey may be in excess of 10 miles from a DeCA commissary. Category Manager reserves the right to designate a commissary of choice for those contracts that have more than one commissary.

4.2.1.4.1 The surveys shall be conducted at no additional cost to the Government.

4.2.1.4.2 The Contractor will provide the results of the MBS. All MBS will require the date and signature of the contractor's representative.

4.2.1.4.3 The Contracting Officer and Category Manager reserves the right to perform an independent survey at any time in order to monitor contractor performance or to validate surveys. The Contractor may be required to participate jointly in these surveys.

4.2.1.4.4 The Contracting Officer and Category Manager will analyze the results of each monthly MBS and validate the Contractor’s price (Guaranteed Minimum Percentage of Patron Savings). If it is determined that the price (Guaranteed Minimum Percentage of Patron Savings) has not been achieved the Contracting Officer may, at their own discretion, take remedial action that will include, but not be limited to, a) increasing the frequency of the MBS,

b) applying an adverse rating to the Contractor’s past performance rating to the Contractor’s past performance rating, or c) any other administrative remedies authorized by the contract.

4.2.1.5 The Contracting Officer can request random laboratory testing of Contractor product offered for resale to the patron for species identification at no additional cost to the Government. A seafood certified laboratory will be used to determine its proper identification.

5. ENVIRONMENTAL CONTROLS

The Contractor shall not adjust heating, ventilation and air-conditioning systems controls, unless specifically authorized to do so by commissary management personnel.

6. EMERGENCY PROCEDURES.

6.1 The Contractor shall follow local commissary guidance and posted plans for emergencies, such as, but not limited to, accidents, bomb threats, fire and disaster evacuations, weather emergencies, and power outages.

6.2 The Contractor shall provide a list of emergency points of contact and telephone numbers to the Commissary Officer at each commissary upon commencement of contract. The Contractor shall keep the list current at all times during the term of the contract and any changes shall be provided to the Commissary Officer prior to the effective date.

6.3 Government medical facilities, emergency vehicles, and medical personnel may be used in case of emergency care treatment. The Contractor shall reimburse the Government for any charges incurred as a result of Government provided medical treatment upon notification that payment is due.

6.4 Contractor will comply with DeCA procedures for reporting workplace accidents. ACCIDENT REPORTING CRITERIA FOR OTHER INDIVIDUALS. Other individuals include the categories of patrons, other contractors (all others except for CASU), vendors, etc. Any personal injury/illness sustained by these individuals will be reported on DeCAF 30-302. The DeCAF 30-302 will be completed and forwarded to the ASM within 15 calendar days. The DeCAF 30-302 for these "Other Individuals" is for accident prevention efforts only and is not to be used as a substitute for the legal investigation report as required by DeCAD 80-11**Patron, vendor, and other non-DeCA accidents (whether injury or property damage) may, in addition to the accident report, require a legal investigation per DeCAD 80-11, Investigating and Processing Certain No contractual Claims and Reporting Related Litigation.

Only factual (non-privileged) safety information from the accident report may be released or used for legal investigation purposes. The determination for external DeCA release of any information from an accident report will be coordinated through the HQ DeCA/General Counsel (GC) office.**

7. CONTRACT TRANSITION

7.1 Transition. Upon notification of award to another Contractor of a follow-on contract for these operations, the incumbent Contractor shall:

7.1.1 Provide the new Contractor and Government access to the contracted operations, including all storage areas for the purpose of accessing equipment, product mix, furnishings, decor, etc.; and

7.1.2 Provide the Contracting Officer with a transition plan, no later than 15 calendar days from notification of the contract award. The transition plan shall provide at a minimum:

7.1.2.1 Provide a list of all equipment and furnishings the incumbent intends to remove from the premises after the last day of contract performance;

7.1.2.2 Plan for the removal of Contractor-owned equipment coordinated with the Commissary Officer;

7.1.2.3 Provide a list of all inventory, equipment and other items to include the terms and conditions offered to the new Contractor which the incumbent will sell or otherwise transfer to the awardee prior to midnight on the last day of performance under this contract;

7.1.2.4 Conduct a joint inventory of all Government furnished property and supplies with the Commissary Officer;

7.1.2.5 Provide a list of all Government equipment which requires repair or is not functioning;

7.1.2.6 Transfer all temperature logs to the Commissary Officer on the final day of performance to include the name and contact information of the Contractor personnel who will be responsible for this action;

7.1.2.7 Provide the new Contractor access to the incumbent Contractor’s employees and allow for the public posting of a suitable recruitment notice at each commissary store; and

7.1.2.8 A plan coordinated with the new Contractor on actions both parties will take to ensure that the transition is seamless and transparent from the patrons’ perspective.

7.1.2.9 Coordinate a joint reconciliation of sales, credits, and current in-stock product with store management for final payment and closeout, and disposal of any unsold product for the proper handling and care of its product.

7.2 Failure on the part of the incumbent to act according to provisions of this section will negatively impact the incumbent’s past performance evaluation.

8. GOVERNMENT FURNISHED ITEMS

8.1. Government Furnished Equipment. For specific equipment applicable to this contract and PWS requirement see Attachment 3, Government Furnished Equipment.

8.1.1 The Government will maintain repair or replace as required, all Government-furnished equipment. The Government is responsible for routine and preventive maintenance per the equipment requirement with the exception of cleaning. Equipment cleaning is the responsibility of the contractor. The Contractor shall notify the Contracting Officer, Category Management team and the Commissary Officer, when necessary, repairs are required.

8.1.2 The Contractor shall notify the Government in writing when Government-furnished equipment requires unscheduled maintenance, repair or replacement. Notification shall be sent to the Commissary Officer with copies to the Contracting Officer and DeCA Category Manager. Notification shall include the Commissary Equipment Description (CED), bar code (if applicable), Item Description, commissary location and description of equipment failure or issue. The Contractor shall reimburse the Government for any maintenance, repairs or replacements resulting from negligence or misuse of Government-furnished equipment by Contractor employees. This is an additional amount not included in price. The Government may consider factors outside of the contract awardee's control as it relates to performance measurements.

8.2. Keys. The Contractor shall manage all keys assigned to the delicatessen, bakery and sushi, where applicable, resale operations. The contractor shall follow all policies and procedures regarding physical security as contained in appropriate Department of Defense, Service or Agency manuals and directives.

8.3 Secure Storage. The Government will provide a reasonable amount of secure storage for contractor weekly supplies. This is provided for the Contractor’s convenience and does not establish a legal bailment.

8.4 Responsibility. The Government will not be responsible in any way for loss or damage occasioned by fire, theft, "acts of God", accident, nor otherwise to the Contractor's materials, supplies, or equipment when the Contractor uses Government-furnished property, unless the Contracting Officer determines that the loss or damage is due to negligence on the part of the Government. Routine wear and tear or operational malfunctions of Government-furnished equipment shall not, in and of itself, constitute negligence by the Government.

8.5 Roadshows. In addition to items specified in Attachment 2 Government Furnished Items, the Government will assist the Contractor with disposing of cardboard and trash and provide: storage space for equipment between days of sale; storage space for vendor product in vendor provided and secured storage cages or containers; and an area for cleaning of the equipment nightly.

9. CONTRACTOR FURNISHED ITEMS

9.1 The Contractor is responsible for all maintenance, repairs, parts, and training for Contractor furnished equipment.

The Government will not be responsible in any way for loss or damage occasioned by fire, theft, “acts of God”, accident, nor 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 negligence on the part of the Government. Any proposed Contractor owned equipment shall be evaluated and approved by the COR and Commissary Officer prior to installation and use. The contractor request shall identify any necessary facility changes if the equipment would be approved with the proposed Contractor owned equipment request. The Commissary Officer will be responsible for initiating any changes to the Government facility that may be required to accommodate installation of approved Contractor furnished equipment.

9.2 Equipment, supplies, etc. furnished by the Contractor is the Contractor’s property and shall be provided at no additional cost to the Government. Contractor furnished equipment shall be evaluated and approved by the Commissary Officer prior to installation and use. The Commissary Officer will be responsible for initiating any changes to the Government facility that may be required to accommodate installation of approved Contractor furnished equipment.

9.3 OSHA Requirements. Contractor furnished equipment shall comply with all applicable OSHA standards. The Government reserves the right to require the Contractor to remove from the commissary premises any Contractor furnished property that does not meet such standards; that is not being used for its intended purpose; or which the Government determines may cause damage or destruction to commissary customers, personnel, facilities, or property.

10. APPLICABLE PUBLICATIONS AND DIRECTIVES

10.1 Mandatory. The Contractor shall comply with the following mandatory references and implement the updates or changes specified by these publications when issued.

Endangered Species Act of 1973, www.nmfs.noaa.gov/pr/laws/esa/ Food Code, U.S. Dept. of Health & Human Services, U.S. Food & Drug Administration, www.fda.gov CFR 29, U.S. Dept. of Labor, Occupational Safety and Health Administration (OSHA), www.osha.gov DOD 5500-7-R, Joint Ethics Regulation, Dept. of Defense, https://dodsoco.ogc.osd.mil/ NSF, National Sanitation Foundation International, The Public Health and Safety Organization, www.nsf.org

10.2 Advisory. The Contractor shall take under advisement the following advisory references and their updates or changes when issued.

SETCOM, Directory of Sanitarily Approved Food Establishments for the Circular 40-1, Armed Forces Procurement, https://ph.health.mil/topics/foodwater/ca/Pages/DoDApprovedFoodSources.aspx

DeCAD 40-28.1, Specialty Department Operations, Defense Commissary Agency, https://corp.commissaries.com/our-agency/business-resources

DeCAD 40-5, Grocery Department Operation, Defense Commissary Agency, https:// corp.commissaries.com/our-agency/business-resources

General Guidelines, National Oceanic and Atmospheric Administration (NOAA) Fisheries, Dept. of Commerce, https://www.fisheries.noaa.gov/national/laws-and-policies/national-standard-guidelines; http://https:// www.fisheries.noaa.gov/topic/sustainable-seafood; and https://www.commerce.gov/bureaus-and-offices/noaa