RFP-Cafeteria-11-25-14-Final.pdf

RFP Number : NIHOD2015049

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RFP TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C - DESCRIPTION-PERFORMANCE WORK STATEMENT

SECTION D - PACKAGING, MARKING AND SHIPPING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

PART II - CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

SOLICITATION ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

1. GENERAL INFORMATION

a. NAICS CODE AND SIZE STANDARD

b. TYPE OF CONTRACT AND NUMBER OF AWARDS

c. PERFORMANCE BASED ACQUISITION

d. PRE-PROPOSAL CONFERENCE

e. COMMITMENT OF PUBLIC FUNDS

f. COMMUNICATIONS PRIOR TO CONTRACT AWARD

g. RELEASE OF INFORMATION

h. PREPARATION COSTS

i. SERVICE OF PROTEST

2. INSTRUCTIONS TO OFFERORS

a. GENERAL INSTRUCTIONS

1. Contract Type and General Clauses

2. Authorized Official and Submission of Proposal

3. Evaluation of Proposals

4. Potential Award Without Discussions

5. Selection of Offerors

6. Certification of Filing and Payment of Taxes

7. Past Performance Information

8. Information and Physical Access Security

9. Solicitation Provisions Incorporated by Reference

b. TECHNICAL PROPOSAL INSTRUCTIONS

1. Technical Discussions

2. Technical Evaluation

1. Proposal Cover Sheet

2. Small Business Subcontracting Plan

3. Other Administrative Data

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4. Subcontractors

SECTION M - EVALUATION FACTORS FOR AWARD

1. GENERAL

2. MANDATORY QUALIFICATION CRITERIA

3. TECHNICAL EVALUATION FACTORS

4. PAST PERFORMANCE FACTOR

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PART I - THE SCHEDULE

THE INFORMATION SET FORTH IN SECTION A - SOLICITATION/CONTRACT FORM, HEREIN CONTAINS IMPORTANT INFORMATION FOR ANY OFFEROR INTERESTED IN RESPONDING TO THIS SOLICITATION.

ANY CONTRACT RESULTING FROM THIS SOLICITATION WILL INCLUDE IN ITS SECTION A - SOLICITATION/ CONTRACT FORM, ACCOUNTING, APPROPRIATION AND GENERAL INFORMATION APPLICABLE TO THE

CONTRACT AWARD.

THE CONTRACT SCHEDULE SET FORTH IN SECTIONS B THROUGH H, HEREIN, CONTAINS CONTRACTUAL INFORMATION PERTINENT TO THIS SOLICITATION. IT IS NOT AN EXACT REPRESENTATION OF THE CONTRACT DOCUMENT THAT WILL BE AWARDED AS A RESULT OF THIS SOLICITATION. THE CONTRACT COST OR PRICE AND OTHER CONTRACTUAL PROVISIONS PERTINENT TO THE OFFEROR (i.e., those relating to the organizational structure [e.g., Non-Profit, Commercial] and specific cost authorizations unique to the Offeror's proposal and requiring Contracting Officer Prior Approval) WILL BE DISCUSSED IN THE NEGOTIATION PROCESS AND WILL BE INCLUDED IN THE RESULTANT CONTRACT. THE ENCLOSED CONTRACT SCHEDULE IS

INTENDED TO PROVIDE THE OFFEROR WITH THE NECESSARY INFORMATION TO UNDERSTAND THE

TERMS AND CONDITIONS OF THE RESULTANT CONTRACT.

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

The Contractor shall establish and operate multiple food service facilities, described herein, for the purpose of serving nutritious food and nonalcoholic beverages, and provide catering services under a no-cost performance-based contract, as authorized by the contracting officer (CO), in accordance with the terms and conditions of this contract.

ARTICLE B.2. FINANCIAL OBJECTIVE

1. Administrative Expenses and Loss

• Administrative expenses are not to exceed three percent (3%) of net sales on an average annual basis during the full-term of the contract. If the final audit shows that that the Contractor incurs a loss, the Contractor shall absorb such deficit or loss and the Government shall not in any way be liable therefore.

2. Contractor Repairs and Replacement

• Contractor shall establish a Reserve in its accounting system for the repair and/or replacement of Government-owned equipment which shall be used for the repair and/or replacement of Government-owned equipment and component parts. The Reserve shall be called "Equipment Repair and Replacement Reserve".

• The Reserve shall be funded from: Contractor, at a minimum, shall pay the Government the amount each calendar month equal to three percent (3.0%) of net sales (after taxes) to cover the Government's "out-of-pocket" expenses for the depreciation of equipment, space, heating, lighting, air conditioning, and ventilation. Contractor shall allocate all funds previously allocated to the Payment in Lieu of Rent to the Reserve.

• This fee will not be waived; however, a half percent (.5%) may be awarded back to the Contractor based upon high customer satisfaction and overall performance, as evaluated under the Quality Assurance Surveillance Program

(QASP).

• Contractor shall credit the Reserve on a monthly basis, unless waived by the CO in writing in a form of contract amendment.

• The first payment shall be made not later than thirty days after the end of the first month of operation to cover the first month's operation or fraction thereof. Subsequent monthly payments shall be made not later than the twentieth day (20th) after the end of the previous operating period.

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• The Reserve shall not be a separate bank account. Rather, the Reserve shall be a book entry in the Contractor's internal accounts. Balance sheets and/or book entries reflecting credits and/or debits to the Reserve shall be provided to the COR on a monthly basis with the profit and loss statement. At contract termination, the balance of the Reserve shall be paid by the Contractor to NIH for deposit in the U.S. Treasury as miscellaneous receipts.

3. Foodservice Contractor Performed Repairs and Replacements

• Contractor shall adjust, repair, and continuously maintain in a satisfactory condition, all equipment and utensils under the contract, regardless of whether the item was provided by the Government or by the Contractor.

• Contractor shall be responsible for the repair, including repair cost (material, parts, and labor), and replacement of each Government-owned equipment item.

• If the Equipment Repair and Replacement Reserve (see Contract Repairs and Replacement on page 46) has sufficient funds to cover one hundred percent (100%) of the cost of any particular repair and/or replacement, then Contractor shall be responsible for one hundred percent (100%) of repair and/or replacement costs and shall use the Reserve funds for such repair and/or replacement costs.

• If the Reserve does not have sufficient funds to cover one hundred percent (100%) of the cost of any particular repair and/or replacement, then Contractor's financial responsibility for repair and/or replacement cost shall be limited to the total funds then in the Reserve.

• Any and all replacement equipment shall be new (i.e., shall not be refurbished), and shall be approved, in writing, by COR prior to purchase.

• Upon Contractor's purchase of replacement equipment, such equipment shall become property of NIH.

• Contractor shall notify COR of all potential need for repairs and/or replacement regardless of the cost of labor, parts, and materials.

• After notification of any potential need of repairs and/or replacement exceeding five percent (5%) of the balance of the Reserve, the Contractor shall obtain written quotes/estimates of the total cost for repair from qualified contractors.

Such repairs and/or replacements shall be subject to the prior approval of the COR, after Contractor furnishes COR copies of the quotes/estimates from the qualified contractors. Should the down time for repair of equipment impact the food service operation, Contractor must advise the COR immediately.

• However, repairs on equipment covered by a warranty or guarantee agreement shall not be initiated without the prior approval of the COR, regardless of whether the cost of repair exceeds five percent (5%) of the balance of the Reserve.

• Subject to the prior approval required for repairs and/or replacement exceeding five percent (5%) of the balance of the Reserve and repairs and/or replacement on foodservice equipment covered by a warranty or guarantee agreement, the Contractor shall immediately perform repairs and/or replacements whenever they are required and shall notify the COR when such work begins.

• Contractor is responsible for all cost associated with repairs and replacement of equipment damaged as a result of Contractor negligence or misuse.

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SECTION C - DESCRIPTION-PERFORMANCE WORK STATEMENT

ARTICLE C.1. PERFORMANCE WORK STATEMENT

a. Independently and not as an agent of the Government, the Contractor shall be required to furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government, as needed to perform the Performance Work Statement (PWS), attached hereto and made a part of this Solicitation (See SECTION J - List of Attachments).

ARTICLE C.2. REPORTING REQUIREMENTS

All reports required herein shall be submitted in electronic format. In addition, one hardcopy of each report shall be submitted to the Contracting Officer.

All electronic reports submitted shall be compliant with Section 508 of the Rehabilitation Act of 1973. Additional information about testing documents for Section 508 compliance, including guidance and specific checklists, by application, can be found at: http://www.hhs.gov/web/508/index.html under "Making Files Accessible."

All paper/hardcopy documents/reports submitted under this contract shall be printed or copied, double-sided, on at least 30 percent post consumer fiber paper, whenever practicable, in accordance with FAR 4.302(b).

a. Other Reports/Deliverables

1.1 Reporting Requirements

1.1.1 Monthly (or four week) Operating Statements:

• Contractor shall furnish copies of the monthly (or four week) profit and loss operating statement to the COR within twenty (20) days after the end of the monthly (or four week) accounting period.

• COR shall, as required and necessary, examine, and audit all phases of the financial operation of the food services provided by the Contractor.

1.1.2 Monthly (or four week) sales:

• Contractor is also required to provide the following information relating to patronage and sales:

Total Sales Customer Count Check Average Customers Per Day Breakfast Lunch

1.1.3 Contractor certification of fiscal year-end statement:

• All cafeteria Contractors shall certify their end-of-fiscal-year profit/loss statements for submission to the COR within thirty (30) days after end of fiscal year.

1.1.4 Equipment Records

• Contractor shall acknowledge in writing within thirty (30) days of the contract start date to the COR receipt of the Government-owned equipment listed in the attached Equipment Inventory (Attachment 10) and properly track all additions, replacements, and removals of Government owned equipment.

http://www.hhs.gov/web/508/index.html

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SECTION D - PACKAGING, MARKING AND SHIPPING

All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications. At a minimum, all deliverables shall be marked with the contract number and Contractor name. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition.

SECTION E - INSPECTION AND ACCEPTANCE

a. The Contracting Officer or the duly authorized representative will perform inspection and acceptance of materials and services to be provided.

b. For the purpose of this SECTION, (To be inserted at award) is the authorized representative of the Contracting Officer.

c. Inspection and acceptance will be performed at:

NIH Main Campus 9000 Rockville Pike Bethesda, MD 20892

Acceptance may be presumed unless otherwise indicated in writing by the Contracting Officer or the duly authorized representative within 30 days of receipt.

d. This contract incorporates the following clause by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available.

FAR Clause 52.246-1, Contractor Inspection Requirements (April 1984).

FAR Clause 52.246-4, Inspection of Services - Fixed Price (August 1996).

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SECTION F - DELIVERIES OR PERFORMANCE

ARTICLE F.1. PERIOD OF PERFORMANCE

a. The period of performance of this contract shall be from June 14, 2015 through June 13, 2020.

b. If the Government exercises its option(s) pursuant to the OPTION PROVISION Article in Section H of this contract, the period of performance will be increased as listed below:

Option Option Period

Option Period 1

June 14, 2020 - June 13, 2025

Option Period 2

June 14, 2025 - June 13, 2030

ARTICLE F.2. DELIVERIES

Satisfactory performance of the final contract shall be deemed to occur upon performance of the work described in the Description Article in SECTION C of this contract and upon delivery and acceptance by the Contracting Officer, or the duly authorized representative, of the following items in accordance with the stated delivery schedule:

a. The items specified below as described in the REPORTING REQUIREMENTS Article in SECTION C of this contract will be required to be delivered F.o.b. Destination as set forth in FAR 52.247-35, F.o.b. DESTINATION, WITHIN CONSIGNEES PREMISES (APRIL 1984), and in accordance with and by the date(s) specified below [and any specifications stated in SECTION D, PACKAGING, MARKING AND SHIPPING, of this contract]:

b. Milestone Chart for Contractor's Deliverables: The Contractor shall be required to submit the following deliverables and reports at times specified in the contract which are considered critical to the successful completion of all contractual requirements. All correspondence is to include facility name and contract number.

ITEM DUE DATE DUE TO

Sustainability Plan Prior to Award CO/COR Insurance Requirements Prior to Start of Service CO Online Registration in SAM Prior to Start of Service CO Record of Health Inspection 1 Day After Inspection COR Price/Portion Book 1 Week Prior to Start of Service COR Wellness Program Plan 1 Week Prior to Start of Service COR Manager Resumes 2 Weeks Prior to Start of Service COR Contract Representative 5 Days Prior to Start of Service CO & COR Preventative Maintenance Program Plan Prior to Start of Service COR Phase-in Training/Transition Plan Prior to Start of Service COR Modification to Service Schedules Prior to Start of Service/14 Days Prior to

Holiday

COR

Central Contractor Registration Prior to Start of Service CO Licenses Prior to Start of Service Onsite MSDS Sheets Prior to Start of Service Onsite Equipment Inventory Verification 30 Says After Start of Service COR Price Changes 14 Days Prior to On-site Implementation with

COR Approval

COR

Food Illness Reports/Complaints Duration of Contract/Within 24 Hours COR/DOHS Annual Report/Review Duration of Contract Agency Certified Food Handler Duration of Contract Onsite

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ITEM DUE DATE DUE TO

Contractor Inspection Reports Duration of Contract Onsite Fire/Civil Defense Training Duration of Contract Onsite Energy Conservation Practice Duration of Contract Onsite HAACP Plan Duration of Contract Onsite Cash Register Counters and Sales Recorders Duration of Contract Onsite/On

Demand HSPD 12 for new hires Duration of Contract COR Price Portion Book Updates Duration of Contract COR Inspection Reports Duration of Contract COR Space Modifications Duration of Contract COR Manager - Facility Duration of Contract Onsite Menus & Nutrition Information Duration of Contract COR Preventative Maintenance Log Duration of Contract Onsite Subcontracts Duration of Contract COR Training Program, Records, & Attendance Duration of Contract Onsite Review Profit/Loss Statement Duration of Contract CO/COR Customer Feedback Program Duration of Contract COR/MGR Caloric, Organic, Local & Sustainable Labeling

Duration of Contract Onsite

Deliver Lost/Found Items Duration of Contract NIH Police Daily Security Report Duration of Contract Guard Office Identification of Hazardous Conditions Duration of Contract COR Eight Hour Food Safety Training/Year Duration of Contract COR Structural, Sanitary, Procedural Deficiencies/ Concerns

Duration of Contract COR

Onsite Quarterly Review Duration of Contract CO/COR Lost/Stolen Identification Report Duration of Contract COR Equipment Repairs/Replacements Duration of Contract COR Changes to Standard Menu Prices, Portions, or Items for Sale with Market Basket Justification

30 Days Prior to Change COR

Manager Replacement 2 Weeks Prior to Change COR Projected Annual Budget Beginning of Fiscal Year COR Certified Year End Statement End of Fiscal Year COR Equipment Repair Log/Year to Date Balance Monthly COR Equipment Repair and Replacement Reserve Monthly COR Patronage and Sales Report Monthly COR Compost Material Report Monthly COR Grease/Cooking Oil Report Monthly COR Sales Mix Report Monthly COR Profit and Loss Statement Monthly COR Operating Statement Monthly COR Sales Product Mix Report Monthly COR Service Meeting Monthly COR Patron Survey Bi-Annual COR Phase-out Services 90 days Prior to End of Contract Onsite

c. Government Deliverables to Contractor:

• Post Award Conference - Date to be determined.

• Staff Safety Briefing - Date to be determined and conducted by Government.

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• Work space (office, locker, and storage area) - if available.

• Keys for closets, storage areas, etc. - if applicable.

• Personal ID Verification (PIV) Badge - issued upon receipt of HSPD-12 suitability clearance

ARTICLE F.3. CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-2 (FEBRUARY

1998)

This contract incorporates the following clause(s) by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far .

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSE:

52.242-15, Stop Work Order (August 1989)

Alternate I (April 1984) is applicable to this contract.

http://www.acquisition.gov/far

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SECTION G - CONTRACT ADMINISTRATION DATA

ARTICLE G.1. CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The following Contracting Officer's Representative (COR) will represent the Government for the purpose of this contract:

To be inserted on award

The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.

The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; (5) otherwise change any terms and conditions of this contract; or (6) sign written licensing agreements. Any signed agreement shall be incorporated by reference in Section K of the contract

The Government may unilaterally change its COR designation.

ARTICLE G.2. KEY PERSONNEL, HHSAR 352.242-70 (January 2006)

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employ of the Contractor), the Contractor shall notify the Contracting Officer and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The Contractor shall not divert or otherwise replace any key personnel without the written consent of the Contracting Officer. The Government may modify the contract to add or delete key personnel at the request of the Contractor or Government.

(End of Clause)

The following individual(s) is/are considered to be essential to the work being performed hereunder:

Name Title

(To be provided by vendor) Resident District Manager

(To be provided by vendor) General Manager

(To be provided by vendor) Executive Chef

ARTICLE G.3. INVOICE SUBMISSION

1. Payment requests shall be submitted to the offices identified below. Do not submit supporting documentation (e.g., receipts, time sheets, vendor invoices, etc.) with your payment request unless specified elsewhere in the contract or requested by the Contracting Officer.

a. The original invoice shall be submitted to the following designated billing office:

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National Institutes of Health Office of Financial Management Commercial Accounts 2115 East Jefferson Street, Room 4B-432, MSC 8500 Bethesda, MD 20892-8500

b. One copy of the invoice shall be submitted to the following approving officials:

1. Contract Specialist, Office of Acquisitions OLAO

Email: ajaooj@mail.nih.gov

2. COR, NIH Food Services for NIH Bethesda Campus

Email: (To be inserted on award)

The Contractor shall submit an electronic copy of the payment request to the approving official instead of a paper copy. The payment request shall be transmitted as an attachment via e-mail to the address to be provided to the contractor in one of the following formats: MSWord, MS Excel, or Adobe Portable Document Format (PDF). Only one payment request shall be submitted per e-mail and the subject line of the e-mail shall include the Contractor's name, contract number, and unique invoice number. [Note: The original payment request must still be submitted in hard copy and mailed to the designated billing office to meet the requirements of a "proper invoice."]

Central Point of Distribution:oaolaob2@mail.nih.gov

The Contractor shall submit an electronic copy of the payment request to the Central Point of Distribution mailbox. The payment request shall be transmitted as an attachment via e-mail to the address listed above in one of the following formats: MSWord, MS Excel, or Adobe Portable Document Format (PDF). Only one payment request shall be submitted per e-mail and the subject line of the e-mail shall include the Contractor's name, contract number, and unique invoice number.

[Note: The original payment request must still be submitted in hard copy and mailed to the designated billing office to meet the requirements of a "proper invoice."]

2. In addition to the requirements specified in FAR 32.905 for a proper invoice, the Contractor shall include the following information on the face page of all payment requests:

a. Name of the Office of Acquisitions. The Office of Acquisitions for this contract is OLAO Branch 2- Team Red .

b. Federal Taxpayer Identification Number (TIN). If the Contractor does not have a valid TIN, it shall identify the Vendor Identification Number (VIN) on the payment request. The VIN is the number that appears after the Contractor's name on the face page of the contract. [Note: A VIN is assigned to new contracts awarded on or after June 4, 2007, and any existing contract modified to include the VIN number.] If the Contractor has neither a TIN, DUNS, or VIN, contact the Contracting Officer.

c. DUNS or DUNS+4 Number. The DUNS number must identify the Contractor's name and address exactly as stated in the contract and as registered in the Central Contractor Registration (CCR) database. If the Contractor does not have a valid DUNS number, it shall identify the Vendor Identification Number (VIN) on the payment request. The VIN is the number that appears after the Contractor's name on the face page of the contract. [Note: A VIN is assigned to new contracts awarded on or after June 4, 2007, and any existing contract modified to include

- 12 -the VIN number.] If the Contractor has neither a TIN, DUNS, or VIN, contact the Contracting Officer.

d. Invoice Matching Option. This contract requires a three-way match.

e. Unique Invoice Number. Each payment request must be identified by a unique invoice number, which can only be used one time regardless of the number of contracts or orders held by an organization.

f. The Contract Title is:

Food Services for NIH Bethesda Campus

g. Contract Line Items as follows:

Line Item # Line Item Description

a. Inquiries regarding payment of invoices shall be directed to the designated billing office, (301) 496-6088.

ARTICLE G.4. GOVERNMENT PROPERTY

If this RFP will result in the acquisition or use of Government Property provided by the contracting agency or if the Contracting Officer authorizes in the preaward negotiation process, the acquisition of property (other than real property), this ARTICLE will include applicable provisions and incorporate the HHS Publication, entitled, "HHS Contracting Guide for Contract of Government Property," which can be found at: http://oamp.od.nih.gov/sites/default/ files/appendix_q_hhs_contracting_guide.pdf.

ARTICLE G.5. ON-SITE CONTRACTOR ACCESS TO GOVERNMENT PROPERTY

The Contractor shall be held responsible for Government Property, regardless of dollar value, when:

• The contract requires contractor personnel to be located on a Government site or installation;

• The property utilized by contractor personnel is incidental to the place of performance; and,

• The property used by the contractor remains accountable to the Government

Responsibility includes physical presence, proper use and handling, normal maintenance, and reporting loss, damage or destruction.

Responsibility for government property shared by two or more contractors or located in space shared by two or more contractors, shall be determined and documented by the contractors involved. In cases where the parties cannot reach agreement on shared responsibility, the matter will be referred to the NIH Property Officer for resolution.

http://oamp.od.nih.gov/sites/default/files/appendix_q_hhs_contracting_guide.pdf http://oamp.od.nih.gov/sites/default/files/appendix_q_hhs_contracting_guide.pdf

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ARTICLE G.6. POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

a. Contractor Performance Evaluations

Interim and Final evaluations of Contractor performance will be prepared on this contract in accordance with FAR Subpart 42.15. The Final performance evaluation will be prepared at the time of completion of work. In addition to the Final evaluation, Interim evaluation(s) will be prepared Annually when the options are exercised.

Interim and Final evaluations will be provided to the Contractor as soon as practicable after completion of the evaluation. The Contractor will be permitted thirty days to review the document and to submit additional information or a rebutting statement. If agreement cannot be reached between the parties, the matter will be referred to an individual one level above the Contracting Officer, whose decision will be final.

Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

b. Electronic Access to Contractor Performance Evaluations

Contractors may access evaluations through a secure Web site for review and comment at the following address: http://www.cpars.gov http://www.cpars.gov

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

ARTICLE H.1. DISSEMINATION OF FALSE OR DELIBERATELY MISLEADING INFORMATION

The Contractor shall not use contract funds to disseminate information that is deliberately false or misleading.

ARTICLE H.2. CERTIFICATION OF FILING AND PAYMENT OF TAXES

The contractor must be in compliance with Section 518 of the Consolidated Appropriations Act of FY 2014.

ARTICLE H.3. OPTION PROVISION

Unless the Government exercises its option pursuant to the Option Clause set forth in SECTION I., the contract will consist only of the Base Period of the Statement of Work as defined in Sections C and F of the contract. Pursuant to FAR Clause 52.217-9, Option to Extend the Term of the Contract set forth in SECTION I. of this contract, the Government may, by unilateral contract modification, require the Contractor to perform additional options set forth in the Statement of Work and also defined in Sections C and F of the contract. If the Government exercises this option, notice must be given at least 60 days prior to the expiration date of this contract, and the price of the contract will be increased as set forth in the OPTION PRICES Article in SECTION B of this contract.

ARTICLE H.4. SUBCONTRACTING PROVISIONS

a. Small Business Subcontracting Plan

1. The Small Business Subcontracting Plan, dated is attached hereto and made a part of this contract.

2. The failure of any Contractor or subcontractor to comply in good faith with FAR Clause 52.219-8, entitled "Utilization of Small Business Concerns" incorporated in this contract and the attached Subcontracting Plan, will be a material breach of such contract or subcontract and subject to the remedies reserved to the Government under FAR Clause 52.219-16 entitled, "Liquidated Damages-Subcontracting Plan."

b. Subcontracting Reports

The Contractor shall submit the following Subcontracting reports electronically via the "electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov.

1. Individual Subcontract Reports (ISR)

Regardless of the effective date of this contract, the Report shall be due on the following dates for the entire life of this contract:

April 30th October 30th Expiration Date of Contract

2. Summary Subcontract Report (SSR)

Regardless of the effective date of this contract, the Summary Subcontract Report shall be submitted annually on the following date for the entire life of this contract:

October 30th

For both the Individual and Summary Subcontract Reports, the Contract Specialist shall be included as a contact for notification purposes at the following e-mail address:

ajaooj@mail.nih.gov Contract Specialist http://www.esrs.gov/

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ARTICLE H.5. INFORMATION AND PHYSICAL ACCESS SECURITY

A. HHS-Controlled Facilities and Information Systems Security

a. To perform the work specified herein, Contractor personnel are expected to have routine (1) physical access to an HHS-controlled facility; (2) physical access to an HHS-controlled information system; (3) access to sensitive HHS data or information, whether in an HHS-controlled information system or in hard copy; or (4) any combination of circumstances (1) through (3).

b. To gain routine physical access to an HHS-controlled information system, and/or access to sensitive data or information, the Contractor and its employees shall comply with Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors; Office of Management and Budget Memorandum (M-05-24); and Federal Information Processing Standards Publication (FIPS PUB) Number 201; and with the personal identity verification and investigations procedures contained in the following documents:

1. HHS-OCIO Information Systems Security and Privacy Policy ( http://www.hhs.gov/ocio/policy/ #Security)

2. HHS HSPD-12 Policy Document, v. 2.0 ( http://www.whitehouse.gov/sites/default/files/omb/assets/ omb/memoranda/fy2005/m05-24.pdf)

3. Information regarding background checks/badges ( http://idbadge.nih.gov/background/index.asp)

c. Position Sensitivity Levels:

This contract will entail the following position sensitivity levels:

[ ] Level 6: Public Trust - High Risk. Contractor/subcontractor employees assigned to Level 6 positions shall undergo a Suitability Determination and Background Investigation (MBI).

[ ] Level 5: Public Trust - Moderate Risk. Contractor/subcontractor employees assigned to Level 5 positions with no previous investigation and approval shall undergo a Suitability Determination and a Minimum Background Investigation (MBI), or a Limited Background Investigation (LBI).

[X] Level 1: Non-Sensitive. Contractor/subcontractor employees assigned to Level 1 positions shall undergo a Suitability Determination and National Check and Inquiry Investigation (NACI).

d. The personnel investigation procedures for Contractor personnel require that the Contractor prepare and submit background check/investigation forms based on the type of investigation required. The minimum Government investigation for a non-sensitive position is a National Agency Check and Inquiries (NACI) with fingerprinting. More restricted positions - i.e., those above non-sensitive, require more extensive documentation and investigation.

The Contractor shall submit a roster, by name, position, e-mail address, phone number and responsibility, of all staff (including subcontractor staff) working under the contract who will develop, have the ability to access and/or maintain a Federal Information System(s). The roster shall be submitted to the Contracting Officer's Representative (COR), with a copy to the Contracting Officer, within 14 calendar days after the effective date of the contract. The Contracting Officer shall notify the Contractor of the appropriate level of suitability investigations to be performed. An electronic template, "Roster of Employees Requiring Suitability Investigations," is available for contractor use at: https://ocio.nih.gov/aboutus/publicinfosecurity/ acquisition/Documents/SuitabilityRoster_10-15-12.xlsx.

Upon receipt of the Government's notification of applicable Suitability Investigations required, the Contractor shall complete and submit the required forms within 30 days of the notification.

http://www.hhs.gov/ocio/policy/#Security http://www.hhs.gov/ocio/policy/#Security http://www.whitehouse.gov/sites/default/files/omb/assets/omb/memoranda/fy2005/m05-24.pdf http://www.whitehouse.gov/sites/default/files/omb/assets/omb/memoranda/fy2005/m05-24.pdf http://idbadge.nih.gov/background/index.asp https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/SuitabilityRoster_10-15-12.xlsx https://ocio.nih.gov/aboutus/publicinfosecurity/acquisition/Documents/SuitabilityRoster_10-15-12.xlsx

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The Contractor shall notify the Contracting Officer in advance when any new personnel, who are subject to a background check/investigation, will work under the contract and if they have previously been the subject of national agency checks or background investigations.

All contractor and subcontractor employees shall comply with the conditions established for their designated position sensitivity level prior to performing any work under this contract.

Contractors may begin work after the fingerprint check has been completed.

e. Investigations are expensive and may delay performance, regardless of the outcome of the investigation.

Delays associated with rejections and consequent re-investigations may not be excusable in accordance with the FAR clause, Excusable Delays - see FAR 52.249-14. Accordingly, the Contractor shall ensure that any additional employees whose names it submits for work under this contract have a reasonable chance for approval.

f. Typically, the Government investigates personnel at no cost to the Contractor. However, multiple investigations for the same position may, at the Contracting Officer's discretion, justify reduction(s) in the contract price of no more that the cost of the additional investigation(s).

g. The Contractor shall include language similar to this "HHS Controlled Facilities and Information Systems Security" language in all subcontracts that require subcontractor personnel to have the same frequency and duration of (1) physical access to an HHS-controlled facility; (2) logical access to an HHS-controlled information system; (3) access to sensitive HHS data/information, whether in an HHS-controlled information system or in hard copy; or (4) any combination of circumstances (1) through (3).

h. The Contractor shall direct inquiries, including requests for forms and assistance, to the Contracting Officer or designee.

i. Within 7 calendar days after the Government's final acceptance of the work under this contract, or upon termination of the contract, the Contractor shall return all identification badges to the Contracting Officer or designee.

ARTICLE H.6. ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY, HHSAR

352.239-73(b) (January 2010)

a. Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all electronic and information technology (EIT) products and services developed, acquired, maintained, or used under this contract/order must comply with the "Electronic and Information Technology Accessibility Provisions" set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the "Access Board") in 36 CFR part 1194. Information about Section 508 provisions is available at http://www.section508.gov/. The complete text of Section 508 Final provisions can be accessed at http://www.access-board.gov/guidelines-and-standards.

b. The Section 508 standards applicable to this contract/order are identified in the Statement of Work. The contractor must provide a written Section 508 conformance certification due at the end of each contract/ order exceeding $100,000 when the contract/order duration is one year or less. If it is determined by the Government that EIT products and services provided by the Contractor do not conform to the described accessibility standards in the Product Assessment Template, remediation of the products or services to the level of conformance specified in the Contractor's Product Assessment Template will be the responsibility of the Contractor at its own expense.

http://www.section508.gov/ http://www.access-board.gov/guidelines-and-standards

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c. In the event of a modification(s) to this contract/order, which adds new EIT products or services or revises the type of, or specifications for, products or services the Contractor is to provide, including EIT deliverables such as electronic documents and reports, the Contracting Officer may require that the contractor submit a completed HHS Section 508 Product Assessment Template to assist the Government in determining that the EIT products or services support Section 508 accessibility standards. Instructions for documenting accessibility via the HHS Section 508 Product Assessment Template may be found on the HHS Web site ( http://www.hhs.gov/ web/508/contracting/technology/vendors.html).

[(End of HHSAR 352.239-73(b)]

ARTICLE H.7. ACCESS TO NATIONAL INSTITUTES OF HEALTH (NIH) ELECTRONIC MAIL

All Contractor staff that have access to and use of NIH electronic mail (e-mail) must identify themselves as contractors on all outgoing e-mail messages, including those that are sent in reply or are forwarded to another user. To best comply with this requirement, the Contractor staff shall set up an e-mail signature ("AutoSignature") or an electronic business card ("V-card") on each Contractor employee's computer system and/or Personal Digital Assistant (PDA) that will automatically display "Contractor" in the signature area of all e-mails sent.

ARTICLE H.8. CONFIDENTIALITY OF INFORMATION

a. Confidential information, as used in this article, means information or data of a personal nature about an individual, or proprietary information or data submitted by or pertaining to an institution or organization.

b. The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the Contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.

c. If it is established elsewhere in this contract that information to be utilized under this contract, or a portion thereof, is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

d. Confidential information, as defined in paragraph (a) of this article, shall not be disclosed without the prior written consent of the individual, institution, or organization.

e. Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this article, the Contractor should obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

f. Contracting Officer determinations will reflect the result of internal coordination with appropriate program and legal officials.

g. The provisions of paragraph (d) of this article shall not apply to conflicting or overlapping provisions in other Federal, State or local laws.

http://www.hhs.gov/web/508/contracting/technology/vendors.html http://www.hhs.gov/web/508/contracting/technology/vendors.html

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ARTICLE H.9. REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSE

Anyone who becomes aware of the existence or apparent existence of fraud, waste and abuse in NIH funded programs is encouraged to report such matters to the HHS Inspector General's Office in writing or on the Inspector General's Hotline. The toll free number is 1-800-HHS-TIPS (1-800-447-8477). All telephone calls will be handled confidentially. The website to file a complaint on-line is: http://oig.hhs.gov/fraud/hotline/ and the mailing address is:

US Department of Health and Human Services Office of Inspector General

ATTN: OIG HOTLINE OPERATIONS

P.O. Box 23489 Washington, D.C. 20026

ARTICLE H.10. INSURANCE

a. The Contractor shall, at his own expense, procure and maintain, during the entire performance period of this contract, insurance of at least the kinds and amounts set forth below:

1. Worker's Compensation and Employer's Liability Contractors are required to comply with applicable Federal and State worker's compensation and occupational disease statutes. Employer's liability coverage of at least $100,000 shall be required except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

2. General Liability Contractors are required to have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000.00 per occurrence.

b. At all times during performance, the Contractor shall maintain with the Contracting Officer a current Certificate of Insurance showing at least the insurance required by the Schedule, and providing for thirty (30) days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage.

c. The Contractor shall also require all first-tier subcontractors who will perform work on a Government installation to procure and maintain the insurance required by the Schedule during the entire period of their performance. The Contractor shall furnish (or assure that there has been furnished) to the Contracting Officer a current Certificate of Insurance meeting the requirements of 1. above for each such first-tier subcontractors, at least five (5) days prior to entry of each subcontractor's personnel on the Government installation.

d. Current certificates of insurance shall be furnished by the Contractor and first tier subcontractor(s) to the Contracting Officer before starting work under the contract.

ARTICLE H.11. HEALTH AND SAFETY PLAN

The contractor is responsible for safety at the work site. The contractor is also responsible for preparation of a safety plan and for carrying out the safety plan. The contractor staff shall maintain conformance to the health and safety plan throughout the course of this requirement. Contractor inspectors shall consider safety a key element of their daily inspections.

The contractor is required to cooperate with officials of other agencies (Federal and/or state) who are vested with authority to enforce requirements of the Occupational Safety and Health Act. If required, the contractor will assist the Government in preparing accident and fire reports.

The resultant contract will require the contractor to comply with the following NIH Health and Safety Requirements.

http://oig.hhs.gov/fraud/hotline/

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ARTICLE H.12. CONTRACTOR REQUIREMENTS

a. The work to be performed under this contract is subject to the requirements of this Contractor Health and Safety Requirements Section.

b. The contractor shall comply with applicable Occupational Safety and Health Administration (OSHA) Regulations.

c. Each contract employee is responsible for complying with applicable safety and occupational health requirements, wearing prescribed safety and health equipment, reporting unsafe conditions/activities, and avoiding actions and conditions that may result in an accident.

d. The contractor will not begin work authorized under this contract, except for authorized preliminary activities (i.e. mobilization), without first submitting for review each deliverable specified in this Contractor Health and Safety Requirements Section. Copies of each deliverable must be provided to the NIH Contracting Officer Representative (COR) and ORF Safety Officer ( safety@nih.gov ). (for construction or any site work if applicable).

e. Prior to Notice to Proceed, but no later than 14-working days before the project start date, the contractor's Project Manager and NIH COR shall meet to review and discuss the safety requirements of this contract. The contractor's Project Manager is responsible for coordinating the meeting arrangement. (for construction or any site work if applicable).

f. The contractor and all subcontractors must have a confined space program on file and demonstrate that this program meets OSHA requirements. The contractor and all subcontractors must assure safe access for all employees as well as on-site OSHA confined space audits.

ARTICLE H.13. HOLIDAYS AND ADMINISTRATIVE LEAVE

(a) The employee schedule shall allow for the 10 Federal Holidays listed below:

New Year's Day

Martin Luther King's Birthday

President's Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veterans' Day

Thanksgiving Day

Christmas Day

Any other day designated by Federal statute Any other day designated by Executive Order Any other day designated by the President's proclamation

(b) When any such day falls on a Saturday, the preceding Friday is observed. When any such day falls on a Sunday, the following Monday is observed. Observance of such days by Government personnel shall not be cause for an extension to the delivery schedule or period of performance or adjustment to the price, estimated cost, or fee(s), if any, except as set forth in the contract.

mailto:safety@nih.gov

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(c) Contractor personnel performing on site under this contract with HHS/NIH shall limit their observation of holidays to those set forth above. In the event Contractor personnel work during a holiday other than those above, no form of holiday or other premium compensation will be reimbursed as either a direct or indirect cost. However, this does not preclude reimbursement for authorized overtime work.

(d) When HHS/NIH grants administrative leave to its Government employees, on-site Contractor personnel shall also be dismissed. However, the Contractor shall continue to provide sufficient personnel to perform around-the-clock requirements of critical efforts already in progress or scheduled and shall be guided by the instructions issued by the Contracting Officer or her/his duly appointed representative. In the instance of unscheduled facility closing due to snow or other inclement weather, presidential order, or other reason determined by the OPM, the Government shall not pay the Contractor for services not rendered. It shall be the Contractor's responsibility to determine how its employees are compensated for the day.

ARTICLE H.14. COLLECTIVE BARGAINING AGREEMENT

Employees employed under the current contract are subject to a Collective Bargaining Agreement with Eurest Dining Services, (A Division of Compass Group USA) and Unite Here, Local 23. Department of Labor CBA Wage Determination No.: CBA-2014-7268 applies to this acquisition and can be found in the attachment section in Section J.

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PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

ARTICLE I.1. COMMERCIAL ITEM CLAUSES

THE FOLLOWING ARTICLE I.1. COMMERCIAL ITEM CLAUSES LISTING(S) WILL BE APPLICABLE TO MOST

CONTRACTS RESULTING FROM THIS RFP. HOWEVER, THE ORGANIZATIONAL STRUCTURE OF THE

SUCCESSFUL OFFEROR(S) WILL DETERMINE THE SPECIFIC GENERAL CLAUSE LISTING TO BE CONTAINED

IN THE CONTRACT(S) AWARDED FROM THIS RFP:

1. 52.212-3 -- Offeror Representations and Certifications - Commercial Items (May 2014)- is hereby incorporated by reference.

2. 52.212-4 -- Contract Terms and Conditions - Commercial Items (May 2014)- is hereby incorporated by reference.

3. 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items.

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jul 2014) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

__(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

__(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct…