NAFUA1-25-R-0002 Massage Therapy Services - Columbus.pdf

DEFENSE LOGISTICS AGENCY

HEADQUARTERS

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR, VIRGINIA 22060-6221

DM-Q

20 Feb 2025

Dear Prospective Offeror, The Defense Logistics Agency Family & Morale, Welfare, and Recreation (FMWR) invites qualified offerors to submit proposals in response to the Request for Proposal (NAFUA1-25-R-

0002) to provide all labor, equipment, materials, and incidentals for massage therapy services at the Defense Supply Center, Columbus, Ohio.

A site visit may be scheduled with the Contracting Officer at michael.3.thompson@dla.mil. All site visits shall take place no later than March 20, 2025. All questions are due to the Contracting

Officer in writing no later than 3:00 PM EST on March 21, 2025. All proposals are due no later than 3:00 PM EST on April 3, 2025.

Should you have any questions regarding the solicitation or site visit, please reach out to the

Contracting Officer at michael.3.thompson@dla.mil or by phone at 571-643-3754.

Sincerely, M.B. THOMPSON

Contracting Officer mailto:michael.3.thompson@dla.mil mailto:michael.3.thompson@dla.mil

SEE ADDENDUMIS CHECKED.

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

UA1-THOMPSONLB1 CODE 16. ADMINISTERED BY

Michael B. Thompson

PHONE: 571-643-3754

FAX:

Michael.3.Thompson@dla.mil

CODE

X

X SEE SCHEDULE

BLOCK IS MARKED

UA1

RFPIFB

11. DELIVERY FOR FOBCODE

RFQ

14. METHOD OF SOLICITATION

DESTINATION UNLESS

12. DISCOUNT TERMS

571-643-3754Michael Thompson (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME

04/03/2025 1500 ES

b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

NAFUA1-25-R-0002

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(Nonappropriated Funds)

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

1. REQUISITION NUMBER PAGE OF

1 79PRLB1-HB-00-25-0003

TELEPHONE NO.

17a. CONTRACTOR/

Columbus OH 43213 USA Building 20 3990 East Broad Street DLA Columbus

15. DELIVER TO

Fort Belvoir VA 22060 USA Room 1134 8725 John J. Kingman Road NAF Contracting Office DLA One Fund

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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

ISSUE DATE

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery Location Code: LB1

DLA Columbus

3990 East Broad Street

Building 20

Columbus OH 43213 USA

Provide massage therapy services at DLA Columbus FMWR Fitness Center IAW Section C.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

Michael B. Thompson

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. FOR CONTRACT/PURCHASE ORDER CLAUSES INCORPORATED BY REFERENCE OR ATTACHED, SEE SECTION I. ADDENDA

31a. NONAPPROPRIATED FUND INSTRUMENTALITY (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

27a. FOR SOLICITATIONS, PROVISIONS/CLAUSES INCORPORATED BY REFERENCE OR ATTACHED, SEE SECTION I, L AND M. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

DA FORM 4066, NOV 04

For use of this form see AR 215-4;

the proponent agency is OACSIM

ARE NOT ATTACHED.

ARE NOT ATTACHED.

30b. NAME AND TITLE OF SIGNER (Type or Print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING DATA

29. AWARD OF CONTRACT REF.

2/20/2025

32e. MAILING ADDRESS OF AUTHORIZED NAFI REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED NAFI REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS

NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED NAFI REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

DA FORM 4066, NOV 04 (Back)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED NAFI REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED NAFI REPRESENTATIVE

792 of

All questions are due to the Contracting Officer no later than 3:00 PM EST on March 21, 2025.

Please reference Paragraph L.11 for Site Visits.

NAFUA1-25-R-0002

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B-1. GENERAL. This is a procurement of the Defense Logistics Agency (DLA) One Fund Morale, Welfare, and Recreation (MWR) Nonappropriated Funds Instrumentality (NAFI), hereinafter referred to as NAFI.

Under the terms of this concession contract, the Contractor (also referred to herein as Concessionaire) shall furnish the services and supplies as detailed in this concessionaire contract. No appropriated funds of the United States will become due or be paid to the Contractor or Concessionaire by reason of this contract.

B-2. TYPE OF CONTRACT. The Contractor shall pay the NAFI a Concessionaire Fee, which shall be a percentage of the Gross Revenues generated by the provision of its services. “Gross Revenue” is defined as all monies and other things of value received by or paid to the Concessionaire, or other person, firm, or corporation for contractor's use or benefit, and all credit extended by the contractor, arising upon, out of, or in connection with the concession services provided under this contract during the contract term less any refunds and applicable sales, use, excise or other taxes.

B-3. SUPPLIES AND/OR SERVICES PRICE/COST SCHEDULE. Offeror is to fill in the proposed pricing table below. The Government anticipates a labor mix from the below list of CLINS that will be utilized for issuing task orders against the contract.

B-4. AWARD. Upon award of contract, Sections K, L, and M of the solicitation will be removed, and the Contractor’s technical proposal, including any revisions will be incorporated by reference, subject to Clause I.10 (Order of Precedence).

B-5.

CLIN

Contractor shall pay either monthly concessionaire fee or commission/percentage of gross sales, whichever is higher. Contractor is not required to provide both Item No. Description Monthly Concessionaire

Fee Commission/Percentage of Gross Sales

Massage Therapy Services – Base Period May 1, 2025 – April 30, 2026 %

Massage Therapy Services – Option Period 1 May 1, 2026 – April 30, 2027 %

Massage Therapy Services – Option Period 2 May 1, 2027 – April 30, 2028 %

Massage Therapy Services – Option Period 3 May 1, 2028 – April 30, 2029 %

Massage Therapy Services – Option Period 4 May 1, 2029 – April 30, 2030 %

(END OF SECTION B)

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C-1. REQUIREMENT. The Defense Logistics Agency (DLA) Family & Morale, Welfare, and Recreation, a Nonappropriated Fund Instrumentality, hereinafter referred to as NAFI.

The NAFI has a location where massage therapy can be provided. The Contractor shall operate a massage therapy program at the Defense Supply Center, Columbus, Ohio. The Contractor shall furnish all labor, supervision, management, management support, transportation, tools, and materials for massage therapy services. This includes, but is not limited to, Swedish Massage, Acupressure, Reflexology Therapy, and Myofascial Therapy. Massage therapy services shall be in increments of 15 minutes, not to exceed 1 hour.

C-3. CONTRACTOR REQUIREMENTS.

a. The Contractor shall attend and participate in a Contract Award In-Brief meeting with the Fund Officials, Contracting Officer (KO) if available (may attend virtually), and the Contracting Officer’s Representative (COR). The meeting shall be held at the Defense Supply Center, Columbus, Ohio at a date and time to be determined after contract award. This meeting is to discuss contractual administrative procedures, processes, and contractual tasks. At the beginning of each option year, if the option is exercised, a Contract In-Brief Meeting will be held at a date and time set by the COR.

b. The Contractor shall commence occupation and operation of the massage therapy services on the date specified in the notice to proceed issued by the Contracting Officer, which date shall not be later than thirty (30) days after contract award.

c. Contractor Personnel. Contractor and Contractor personnel shall have active Massage Therapy License issued by the State Medical Board of Ohio and shall forward the license(s) to the COR and the Contracting Officer within 15 days after contract award.

d. The Contractor must make an affirmative demonstration of its responsibility in accordance with Army Regulation 215-4, 2-7.

e. All Contractor employees used in the performance of this contract must be able to read, write, and speak English at a fluency level sufficient for efficient performance of this contract.

f. Massage Therapy personnel shall wear attire typical of the style commonly used by commercial facilities of the same trade. Employee uniforms will have the Contractor’s logo and employee’s name in clear view. Uniforms shall be clean, pressed, and free of foul odor, without holes or missing buttons or zippers.

g. The Contracting Officer, Contracting Officers Representative (COR), and Security reserve the right to direct the removal from the building of any employee(s) from assignment under this contract if it is to be in the best interests of the NAFI. The Contractor shall restrict the employment under the contract or remove from performance on the contract any person the Contracting Officer Representative identifies as a potential threat to the health, safety, security, general wellbeing or operational mission of the installation and its population.

h. Other Personnel. The Contractor shall furnish trained and qualified personnel to provide adequate and uninterrupted services to accomplish the functions set forth in this contract. The Contractor shall have qualified management personnel in addition to the necessary work force, on duty at all times. Contractor personnel must be trained, and hold required certifications and licenses in accordance with all laws, statutes and regulations pertaining to any service stated herein.

i. Contractor’s personnel shall be required to process through DLA security for a daily badge. The Contractor and their designated replacement massage therapists shall be responsible for wearing their assigned daily badge at all times while aboard DLA facilities.

j. The Contractor shall post in a conspicuous place a sign depicting the time schedule and a complete price list of all services available.

i. Hours of Operation shall be:

a. Monday, Tuesday, Wednesday, Thursday, and Friday from the hours of 6:30 am to 6:30 pm local time

b. Saturday 7:30 am to 12:30 pm local time

ii. Federal Holidays - The U.S. Government recognizes the following Legal Holidays established by Federal Statute:

a. New Year’s Day – January 1

b. Birthday of Martin Luther King Jr.– Third Monday in

January

c. Washington’s Birthday – Third Monday in February

d. Memorial Day – Last Monday in May

e. Juneteenth National Independence Day- June 19

f. Independence Day – July 4

g. Labor Day – First Monday in September

h. Columbus Day – Second Monday in October

i. Veterans Day – November 11

j. Thanksgiving Day – Fourth Thursday in November

k. Christmas Day – December 25

iii. When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a legal holiday. The list of holidays relates to Government duty days and is not intended to supplement or otherwise alter the provisions of any Wage Determination or Collective Bargaining Agreement regarding applicable paid holidays.

iv. In addition to the days designated as holidays, the Government observes the following days:

a. Any other day designated by Federal Statute

b. Any other day designated by Executive Order

c. Any other day designated by a Presidential Proclamation

v. It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not be a reason for an additional period of performance or entitlement of compensation except as set forth within the task order. In the event the Contractor’s personnel work during a holiday or other day observed by the Government employees (see above holiday listing), the Contractor may reimburse them; however, no form of holiday or other premium compensation will be reimbursed by the Government, either as a direct or indirect cost, other than their normal compensation for the time worked.

vi. When the Department of Defense grants excused absence to its employees, the Contractor agrees to provide sufficient personnel to perform critical tasks already in operation or scheduled, and the Contractor shall be guided by the instructions issued by the Contracting Officer or the Contracting Officer’s Representative (COR).

vii. If Government personnel are furloughed, the Contractor shall contact the Contracting Officer or the COR to receive direction. It is the Government’s decision as to whether contract support will be affected as a result of Government shutdown and/or furloughed Government employees.

viii. Nothing in this section abrogates the rights and responsibilities of the parties relating to any “stop work” clause or provision included in other sections of the contract.

ix. Overtime is not authorized under this contract.

k. The Contractor shall provide a clean and professional appearance in the massage area. The contractor shall be responsible for the cleaning, straightening, and maintenance of the massage therapists’ supplies and equipment. All large cleaning (vacuuming, washing walls, etc.) will be performed by the NAFI. The Contractor is not responsible for cleaning the massage room but is responsible for depositing the laundry in the laundry basket, locking up Contractor supplies in the provided lockable cabinet, and picking up any debris left over from the scheduled appointments and depositing it in the waste basket.

l. A health inventory for clients is up to the discretion of the Contractor. However, if one is provided, the Contractor shall follow Privacy Act guidelines and all Federal and State statutes, rules, and guidelines applicable to protected health information.

The Contractor shall keep all information made available as a result of this contract confidential. Failure to comply with this provision is a basis for termination of the contract.

C-4. NAFI REQUIREMENTS.

a. The NAFI will provide a separate room within the Defense Supply Center that is conducive to the performance of massage therapy services.

b. The NAFI will provide the Contractor a secured area for the contractor’s supplies. The area will be a secured room with a lockable cabinet in it. The Contractor is responsible for securing their supplies in the lockable cabinet and the NAFI is responsible for securing the room daily.

c. NAFI Furnished Facility and Property. The NAFI will provide a room with a lockable door, and, and the following optional equipment/supplies: a lockable cabinet in the room with following equipment/supplies: massage table, towels, sheets, pillows, and cradle covers. The laundry service for the towels, sheets, pillows, and cradle covers will be provided by the NAFI using the Fitness Center laundry room. All other supplies such as music and massage oils shall be provided by the Contractor.

d. Customer Scheduling.

1. The NAFI will be responsible for the collection from authorized patrons of monies due. The Contractor shall schedule all appointments with the patrons. At no time shall the NAFI schedule appointments. Appointments will be made between the hours of 6:30 a.m. and 6:30 p.m. Monday through Friday and 7:30 a.m. to 12:30 p.m. Saturday. The Contractor may submit an alternate schedule for services to the Contracting Officer.

2. The Contractor shall schedule all appointments with patrons. Patrons shall provide receipt as proof of payment to Contractor at time of appointment.

3. The Contractor must arrive 15 minutes prior to the first scheduled appointment.

4. Should the Contractor require time off for vacations, it is the Contractor’s responsibility to find a replacement that meets the qualifications as stated in the contract (Ref. Section C-3c). Proof of qualifications must be provided to the COR 10 days prior to the designated replacement massage therapist beginning work. With adequate notification, the Contractor may schedule up to 4 weeks off without finding a substitute massage therapist. Adequate notification for vacations would be two weeks’ notice to the COR.

5. Should an emergency occur that prevents the Contractor from performing contracted-for services, it is the Contractor’s responsibility to find a replacement. In the absence of a replacement, the Contractor shall notify the COR by telephone at least 60 minutes prior to the first scheduled appointment, inform them of the emergency, identify how the emergency will affect the scheduled appointments and when the scheduled appointments will resume. The Contractor will notify the customers by telephone and let them know of the emergency and identify when they may anticipate resumption of the appointments.

Should the Contractor fail to report the absence, the Contractor will be issued a cure letter. Three or more occurrences in a calendar year may result in full or partial termination for default.

e. Revenue Accountability.

1. The NAFI will handle all revenue collections before scheduled massage appointments, and the customer will provide receipts to the massage therapist before the massage service is provided. All revenue collections will be accounted for and reported in accordance with applicable NAFI accounting procedures prescribed in the Financial Management Regulation, DoD 7000.14-R, Volume 13, or in AR 215-4. A copy of the Financial Management Regulation and/or AR 215-4 will be provided by the COR upon request.

2. The Contractor shall not handle any monetary exchanges to be paid for the massage services, with exception to tips paid directly to the Contractor.

3. The NAFI will not process tips on the credit card transactions or collect cash tips for the Contractor.

4. The NAFI will process payment to the Contractor in accordance with the Prompt Payment Act on a Net 30 payment term. The Contractor shall submit an invoice per invoices clause to the Contracting Officers Representative.

C-5. NAFI FURNISHED FACILITIES, PROPERTY AND EQUIPMENT.

a. The Contractor will occupy and utilize NAFI furnished facilities and property. Prior to the Contractor’s first day of operation any/all NAFI furnished equipment that the Contractor has determined will not be used in the performance of this contract will be removed by the COR, at no cost to the Contractor. As part of the transition process and every six months thereafter, the DSCC Property Book Officer (PBO) and the Contractor shall conduct a one hundred percent (100%) joint inventory of all NAFI property currently included or planned to be used as part of this contract. At the conclusion of the contract, both parties will do a one hundred percent (100%) joint inventory of all NAFI property included as part of the contract releasing the Contractor of all NAFI furnished property in its possession. NAFI Furnished Property (Ref. C-4.c) will be provided to the Contractor. At the discretion of the COR and subject to budget constraints the NAFI will maintain and/or replace NAFI furnished equipment when such equipment becomes unserviceable due to normal wear and tear when deemed necessary by the COR. Upon expiration of this contract, the Contractor shall return such property to the NAFI in the same condition as received, except for normal wear and tear.

b. Maintenance and repair of NAFI furnished property, if caused by normal wear and tear, will be jointly funded by the Contractor and the NAFI. The Contractor shall pay the first $100.00 of maintenance or repair expense for each furnished item. The NAFI will pay the remainder of the expense that exceeds $100.00. Repairs necessary as a result of Contractor abuse or negligence will be paid for entirely by the Contractor. The Contractor is responsible for preventative maintenance to keep all NAFI owned equipment in good condition. Preventative maintenance for the purpose of this contract is defined as scheduled maintenance that consists primarily of inspection, cleaning, lubrication, adjustments, calibrations, and minor component replacements as required minimizing malfunctions, breakdowns, and deterioration of equipment. The Contractor shall be responsible for damages to government facilities that occur during work performed. Any loss or damage to NAFI furnished property must be reported promptly within twenty-four (24) hours of occurrence of loss.

C-6. CONTRACTOR-FURNISHED EQUIPMENT (OPTIONAL). The Contractor shall provide and install all Contractor-owned equipment, furniture, and movable trade fixtures, if NAFI property is not used.

Contractor-furnished property is subject to approval by the COR. All electrical equipment will carry the Underwriters Laboratories (UL) Seal of Approval and will be inspected by the DSCC Building Manager or appropriate designated personnel prior to installation. Not less than ten (10) business days prior to the commencement date of services under this contract, the Contractor shall submit to the COR a typed list of all equipment, furniture, and movable trade fixtures to be used in the performance of this contract. Each item on the list will be identified by manufacturer, model name/number, serial number, or Contractor fixed asset number, as appropriate. The Contractor shall maintain, repair, and replace, as necessary, all Contractor-furnished equipment, furniture and movable trade fixtures. Title to Contractor furnished equipment, furniture and movable trade fixtures remains with the Contractor. Contractor investment in equipment, furniture and fixtures required by this contract is a business risk, which the Contractor assumes. It is expressly understood and agreed that neither the NAFI nor any other agency or instrumentality of the United States Government is or shall be liable to the Contractor for costs of the Contractor’s investment in equipment, furniture, and trade fixtures in the event of termination of this contract.

C-7. QUALITY ASSURANCE.

a. The Contractor shall provide service of a high quality. Contractor personnel shall treat both customers and DLA staff at all times in a courteous and respectful manner.

b. QA Surveillance Program. The Contractor shall provide the NAFI a regular report on all customer complaints or other issues and how the issues were resolved. In addition, the report must provide the NAFI with any changes in the status of any persons who are required to carry a license, permit, or certification to provide services under this contract. The Contractor will promptly seek to resolve all patron claims, and complaints, and request for refunds or exchanges at Contractor’s expense, in a courteous and commercially reasonable manner to ensure customer satisfaction. The Contractor shall promptly inform the COR of any customer claim, complaint, or request for refund or exchange that cannot be resolved between the Contractor and the complainant and provide a detailed written explanation of the nature of the issue and why it cannot be resolved.

C-8. QUALITY CONTROL.

a. The Contractor shall establish, implement, and maintain a quality control program, in writing, to ensure contract compliance as approved by the

NAFI.

b. In addition, the Contractor shall ensure “product quality” assurance and compliance in accordance with all applicable local, city, federal and state health and sanitation regulations, and in accordance with contract requirements.

C-9. VENDOR TRANSITION SCHEDULE.

a. Assume Operations. The Contractor shall prepare to assume all responsibility for areas of operation according to the terms and conditions of this contract. The Contractor shall take all actions necessary for a smooth transition of the contracted operation. The current operation shall cease operation and vacate all buildings within 10 calendar days of the last working day. The Contractor will receive immediate unrestricted access to all assigned working areas of the operations. The COR will coordinate a final transition schedule for turnover of the operations.

b. Termination (Including Expiration).

(1) The Contractor shall promptly; yield up the premises, installed property and fixtures and all NAFI furnished property, clean and in good order and condition as when received (except for normal wear and tear); surrender all installation passes, decals, keys, etc., for all employees; and complete satisfactory settlement of all customer complaints and claims. Termination of the contract does not release the Contractor from the obligation to satisfactorily settle customer complaints and claims.

(2) The Contractor shall promptly remove all Contractor furnished property including equipment, furniture and movable trade fixtures, etc., not purchased by the NAFI, and all Contractor- owned tools of the trade and supplies.

Upon failure to yield up the premises or remove Contractor property, the COR may enter the premises, cause Contractor property to be removed and stored in a warehouse at the Contractor’s expense, and cause the premises to be cleaned and restored at the Contractor's expense. If the Contractor authorizes and empowers the COR to take possession of Contractor property and dispose of same by public or private sale without notice, then from the proceeds of sale, DLA One Fund will satisfy all costs to the fund including, the cost of the sale, handling, storage, etc., and any other indebtedness to the NAFI. The NAFI shall be required to disburse any excess funds received from the sale to the Contractor.

C-10. CONTRACT IN-BRIEF MEETING. The Contractor shall attend and participate in a Contract Award In-Brief meeting with the Contracting Officer’s Representative (COR) and the Contracting Officer (KO), approximately 14 days after contract award. The meeting may be held via conference call at a date and time set by the COR. The COR will notify the Contractor of the time, date, and location for the meeting. This meeting is to discuss contractual administrative procedures, processes, and contractual tasks. At the beginning of each option year, if the option is exercised, a Contract In-Brief Meeting will be held at a date and time set by the COR and the KO will attend if available. The items below shall be on the agenda:

(1) Establishment of date for commencement of work.

(2) Use of approaches, corridors, stairways, and other public areas.

(3) Spaces for storage of materials

(4) Contractual administrative procedures and processes.

C-11. COMPLIANCE WITH HEALTH AND SAFETY REQUIREMENTS. Periodic physical inspections may be conducted by the contractor with the DSCC Veterinarian, and DSCC Fire and Safety Inspectors. These records shall be up-to-date and maintained on-site by the contractor. The Contractor shall maintain a file of all inspections conducted and the action taken to correct any problem. The inspection documentation shall include as a minimum:

(1) Area of inspection, inspector’s name, date and time, operator performing job,

(2) Number of items/services inspected, number of defects found,

(3) Description causes reasons for defect and action taken to preclude deficiency.

(4) A data and measurement system that quantifies complaints, deficiencies, poor performance, inspections and related individual and system corrections. Data shall be provided to the COR monthly or as deemed necessary. Reports shall be submitted no later than the 20th day of each month for the preceding month.

C-12. CONCESSIONAIRE PERSONNEL

The concessionaire shall provide the necessary management, supervision, and personnel for the services provided. The Concessionaire shall furnish trained and qualified personnel to provide adequate and uninterrupted services to accomplish the functions set forth in this agreement. Concessionaire personnel must be trained, and hold required certifications and licenses in accordance with all laws, statutes and regulations pertaining to any service stated herein.

a. The Concessionaire shall restrict the employment under the contract, remove from performance on the contract, and/or remove from the premises any person who is identified as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population.

b. Other Personnel. The Concessionaire shall furnish trained and qualified personnel to provide adequate and uninterrupted services to accomplish the functions set forth in this contract. The concessionaire shall have qualified management personnel in addition to the necessary work force, on duty at all times. Concessionaire personnel must be trained, and hold required certifications and licenses in accordance with all laws, statutes and regulations pertaining to any service stated herein.

c. All Concessionaire personnel entering and working at Defense Supply Center Columbus (DSCC) as a result of this contract shall comply with (but not limited to) all regulations and processes governing, gate admission, force protection, badges, vehicle registration, security, safety, law enforcement, fire prevention, and environment in effect. Failure to comply with regulations may result in immediate removal from DSCC. The concessionaire shall bear full responsibility for any consequential actions arising from said removal. Further clarifications of DSCC regulations are available from the COR or the DSCC NAF Business Manager for this order/contract.

END OF SECTION C

Section E - Inspection and Acceptance

E.1 INSPECTION OF SERVICES (NOV 2004) BE.002

(a) The Contractor shall provide and maintain an inspection system acceptable to the NAFI covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the NAFI during contract performance and for as long afterwards as the contract requires.

(b) The NAFI has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The NAFI shall perform inspections and tests in a manner that will not unduly delay the work.

(c) If the NAFI performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(d) If any of the services do not conform to contract requirements, the NAFI may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the NAFI may

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(e) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the NAFI may-

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the NAFI that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

Section F - Deliveries or Performance

F-1. PERIOD OF PERFORMANCE. Performance shall commence upon contract award and continue for a base period of one year with four (4) one-year option periods.

F-2. TIMES OF PERFORMANCE and PERFORMANCE SCHEDULE, and ADDITIONAL PERFORMANCE REQUIREMENTS. Please refer to Section C.

F-3. PERFORMANCE AND DELIVERY SCHEDULE. Please refer to Section C.

F.4 STOP-WORK ORDER (NOV 2004) BF.006

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either-

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the NAFI, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of clause)

F.5 NAFI DELAY OF WORK (DEC 2005) BF.012

(a) If the performance of all or any part of the work of this contract is delayed or interrupted-

(1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or

(2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

(b) A claim under this clause shall not be allowed-

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved; and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.

(End of clause)

Section H – Special Contract Requirements

H-1. NAFI-CONCESSIONAIRE RELATIONSHIP.

a. The NAFI and the Concessionaire understand and agree that the services to be delivered under this Contract by the Concessionaire to the NAFI are non-personal services and the parties recognize and agree that no employer-employee relationship exists or will exist under this Contract. It is, therefore, in the best interest of the NAFI to afford the parties a full and complete understanding of their respective obligations.

b. Concessionaire’s personnel under this Contract shall not be placed in a position where they are appointed or employed by a Federal Officer, or are under the supervision, direction, or evaluation of a Federal Officer, military or civilian.

H-2. NAFI-FURNISHED INFORMATION.

All memoranda, reports and other documents, logo, computer disks and sources of recorded information or any description whatsoever furnished by the NAFI shall remain the NAFI’s property, shall be disclosed or duplicated only as authorized in writing by the Contracting Officer, and shall be returned to the NAFI upon request or when no longer needed for the performance of this contract. Except deemed as necessary for the performance of this Contract, the Concessionaire shall not use or disclose information concerning the activities of the NAFI without the written prior consent of the Contracting Officer.

H-3. PROHIBITION AGAINST PUBLIC DISCLOSURE OF WORK UNDER THIS

CONTRACT.

a. Public disclosure of information derived from any knowledge gained as a result of work under this Contract whether by press release, word of mouth, written correspondence or any other means is prohibited without the advance written consent of the Contracting Officer. Request for authority to release such information must be made in writing and submitted by the Concessionaire to the Contracting Officer.

Request must be documented with sufficient evidence to justify requested release as being in the best interest of the public welfare. Final determination with regard to the necessity for public disclosure of such information remains solely with the Contracting Officer.

b. As used in the clause, the prohibition against “public disclosure” is defined to include a prohibition against disclosure to any governmental agency or unit, as well as, any other individual or group of individuals outside these named parties.

c. The Concessionaire agrees to insert this clause in all subcontracting hereunder relating to performance of work under this contract.

H-4. LIABILITY INSURANCE SCHEDULE.

a. The Concessionaire shall be able to demonstrate the ability to obtain and maintain, during the term of the contract, the types of insurance and coverage listed below. All liability insurance coverage will name the NAFI and the Defense Logistics Agency, Morale, Welfare and Recreation as additional insured for claims, demands, suits, judgments, costs, charges, and expenses arising out of or in connection with any loss, damage, or injury resulting from the negligence or other fault of the Concessionaire, representatives, or employees. The insurance coverage maintained shall have coverage amounts complying with the state or military installation requirements, whichever is greater, where this contract is performed:

b. The Concessionaire shall maintain the coverage listed above and furnish the Contracting Officer a current Certificate of Insurance no later than 10 days prior to contract start date. The NAFI shall be listed on any insurance policies as named insured. Insurance “Certificate Holder” shall be made out to the following:

Defense Logistics Agency, Morale, Welfare and Recreation

Attn: DLA NAF Contracting

8725 John J Kingman Rd. Suite 1134

Ft. Belvoir, VA 22060

*Note: The NAFI, DLA One Fund- Fort Belvoir, shall be named as an additionally insured party.

c. The CONTRACTOR agrees to insert the substance of this clause, including this paragraph, in all subcontracts hereunder.

d. It is the sole discretion of the Fund to reserve the right to waive or reduce the insurance requirements stated above.

TYPE OF INSURANCE MINIMUM AMOUNT

(i) Workman’s Compensation and all occupational disease

As required by State Law

(ii) Employer’s liability including all occupational disease when not so covered in Workman’s compensation above

$100,000 per accident

(iii) Automobile Liability (Comprehensive) Bodily Injury Bodily Injury per occurrence Property Damage per accident

$500,000 $1,000.00 $100,000

(iv) General Liability (Comprehensive) Bodily Injury and Property Damage per occurrence (include blanket contractual liability and pollution hazard)

$2,000.00

H-5. RELEASE OF NEWS INFORMATION.

No news releases (including photographs and film, public announcements, or statements) concerning any aspect of this contract should be made by the Concessionaire or his agents to industry media without the prior written approval of the Contracting Officer.

H-6. PROHIBITED ACTIVITIES.

Concessionaire and its employees shall not:

a. Insult, use offensive or profane language, or gestures to, or in the presence of, or argue, or be discourteous to, any patrons or to other individuals.

b. Use, possess, sell, transfer, or be under the influence of alcohol, narcotics, illegal drugs, or hallucinatory agents either at the concession site or elsewhere on the premises.

c. Engage in, or permit gambling or the use of any device, which promotes gambling to include the sale of lottery tickets on the concession premises.

d. Loiter in other than its concession areas.

e. Eat, drink, use tobacco products or chew gum in the concession areas. Smoking is permitted only in designated areas.

f. The NAFI reserves the right to demand removal of Concessionaire personnel for “Just Cause.”

“Just Cause” shall include, but not be limited to, rudeness to guests and patrons, abusive language and behavior. The Concessionaire shall promptly remove any Concessionaire employee upon a finding by the Contracting Officer that the presence of such employee, or agent, endangers successful contract performance or is inimical to the best interests of the NAFI.

g. Discuss controversial topics, this includes religion and politics

H-7. DEVIATION OF PERSONNEL.

Key Concessionaire personnel shall possess technical skills and experience. Ke y personnel are defined as any person in a management position. The Concessionaire shall not divert from contract performance or otherwise make any changes in the personnel for this contract except where such diversions or changes result from causes beyond its control. Any substitutions shall possess equal or better credentials as the original and must be approved by the Contracting Officer.

The Concessionaire shall notify the Contracting Officer and provide a new resume when there is any change in key personnel performing under this contract.

H-8. NOTICE OF INCIDENTS.

The Concessionaire shall promptly notify the Contracting Officer of any accident or event related to the concession that result in damage to the concession or the NAFI, or which results in injury or death to any patron, concession employee, or other person. Further, the Concessionaire shall provide the Contracting Officer such additional information concerning such accident or event as may be reasonably required.

The Concessionaire shall cooperate with the NAFI personnel, police, the landlord’s representative, and other public officials in any investigation into such accident or event.

H-9. DAMAGE/LOSS.

The Concessionaire shall release the NAFI from all liability for damage or loss due to criminal acts or acts of terrorism in the operation of this contract or due to theft, fire, storm, flood, and damage or destruction through any force of nature.

H-10. SAVE HARMLESS.

The Concessionaire shall save harmless, and defend the NAFI, its successor in interest, and the United States Government from and against all claims, demands, actions, debts, liabilities, and attorneys and other fees, arising out of, or claimed on account of, or in any manner predicated upon loss or damage to the property of, injuries to, or death of, any and all persons whatsoever, in any manner caused by, or contributed to, as the result of acts of negligence, fraud, or misconduct by the Concessionaire, its agents, or employees, while at the HQ, or while traveling to or departing from the same.

H-9. REPRESENTATION.

The Concessionaire shall not represent or permit itself or its employees to be represented as agents or employees of the NAFI or the United States Government and shall not use NAFI name on advertising material. The Concessionaire shall not represent, expressly or by implication, that the services provided under this contract are endorsed by any element of the NAFI.

H-13. ASSETS.

The Concessionaire shall safeguard all assets in its possession in which the NAFI has an interest.

H-14. RESPONSIBILITY FOR NAFI/GOVERNMENT FURNISHED PROPERTY.

The Concessionaire assumes full responsibility for and shall indemnify the Fund for any and all loss or damage of any kind and nature to any and all Fund property, including any equipment, supplies, accessories, or parts furnished for its use under the terms of this Contract, resulting in whole or in part from the misconduct, negligent acts, or omissions of the Concessionaire, any sub-Contractor, or any employee, agent or representative of the Concessionaire or sub-Contractor.

H-15. UNSERVICEABLE PROPERTY.

The Concessionaire shall notify the COR to dispose of all unserviceable Government/Fund furnished property. If there are expenses associated with the disposal, the expense shall be borne by the Government or NAFI, as appropriate.

(End of Section H)

Section I - Contract Clauses

I.1 DEFINITIONS (DEC 2022) BI.001

(a) This part-

(1) Defines words and terms that are frequently used in the Morale Welfare and Recreation Nonappropriated Contracting Regulation

AR 215-4;

(2) Provides cross-references to other definitions in AR 215-4 of the same word or term; and

(3) Provides for the incorporation of these definitions in solicitations and contracts by reference.

(b) Other clauses may define other words or terms and those definitions only apply to the part, subpart, or section where the word or term is defined.

(c) A word or a term, defined in this section, has the same meaning throughout this AR 215-4, unless-

(1) The context in which the word or term is used clearly requires a different meaning; or

(2) Another clause part, subpart, or section provides a different definition for the particular part or portion of the part.

"Architect-engineer services", as defined in 40 U.S.C. 1102, means-

(1) Professional services of an architectural or engineering nature, as defined by State law, if applicable, that are required to be performed or approved by a person licensed, registered, or certified to provide those services;

(2) Professional services of an architectural or engineering nature performed by contract that are associated with research, planning, development, design, construction, alteration, or repair of real property; and

(3) Those other professional services of an architectural or engineering nature, or incidental services, that members of the architectural and engineering professions (and individuals in their employ) may logically or justifiably perform, including studies, investigations, surveying and mapping, tests, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, preparation of operating and maintenance manuals, and other related services.

"Assignment of claims" means the transfer or making over by the contractor to a bank, trust company, or other financing institution, as security for a loan to the contractor, of its right to be paid by the NAFI for contract performance.

"Best value" means the expected outcome of an acquisition that, in the NAFI's estimation, provides the greatest overall benefit in response to the requirement.

"Change-of-name agreement" means a legal instrument executed by the contractor and the NAFI that recognizes the legal change of name of the contractor without disturbing the original contractual rights and obligations of the parties.

"Change order" means a written order, signed by the contracting officer, directing the contractor to make a change that the Changes clause authorizes the contracting officer to order without the contractor's consent.

"Chief Acquisition Officer" means an executive level acquisition official responsible for agency performance of acquisition activities and acquisition programs.

"Claim" means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract.

"Classified information" means any knowledge that can be communicated or any documentary material, regardless of its physical form or characteristics, that-

(1) (i) Is owned by, is produced by or for, or is under the control of the NAFI; or

(ii) Has been classified by the Department of Energy as privately generated restricted data following the procedures in 10 CFR 1045.21; and

(2) Must be protected against unauthorized disclosure according to Executive Order12958, Classified National Security Information, April 7,1995, or classified in accordance with the Atomic Energy Act of 1954.

"Commercial component" means any component that is a commercial product.

"Commercial computer software" means any computer software that is a commercial product or commercial service.

"Commercial Item" means a product or a service (e.g., items, supplies, materials, components) sold or traded to the general public in the course of conducting normal business operations at established catalog or market prices.

"Commercial…