Solicitation Cafeteria Operations for NCI-Frederick.doc

1. Subcontract No.

2. Solicitation No.

3. Date Issued

( Negotiated (RFP) Solicitation

6. Requisition No.

7. Issued By:

Address Offer To:

SAIC-Frederick, Inc.

Research Contracts Dept

PO Box B

Frederick, Md. 21702

8. Delivery Date: n/a

9. Place of Delivery: n/a

10. FOB: Destination

SOLICITATION

11. To be timely, offers must be received at the location specified in Item 7 by 5:00 PM (EST) June 2, 2008. Packaging shall be marked to show solicitation number.

OFFER/SUBCONTRACT CONSISTS OF:

Part I – The Schedule Part II – Contract Clauses

A. Solicitation/Contract Form

I. Contract Clauses

B. Supplies or Services and Prices/Costs Part III – List of Documents, Exhibits and Other Attachments C. Description/Specs./Statement of Work

J. List of Attachments

D. Packaging and Marking Part IV – Representations and Instructions

E. Inspection and Acceptance

K. Representations, Certifications and Other Statements

F. Deliveries or Performance

L. Instructions, Conditions, and Notices to Offerors

G. Contract Administration Data

M. Evaluation Factors for Award

H. Special Contract Requirements

SCHEDULE

See Section B

13. If this offer is accepted within 90 calendar days from the date for receipt of offers specified above, the offeror shall be required to furnish any or all items or services in accordance with the terms of the offer.

14. DISCOUNT FOR PROMPT PAYMENT

(In connection with any discount for prompt payment, time shall be computed from the date of invoice acceptance.)

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

__ CALENDAR DAYS

15. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation for offerors and related documents numbered and dated:

16. Name and Address of Offeror

17. Name and Title of Person Authorized to Sign Offer

AWARD

24. Name/Title of Person Authorized to Sign-SAIC

Eugene B. Anderson Supervisor, Subcontracts

PART I—THE SCHEDULE

SECTION B—SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

Independently, and not as an agent of SAIC-Frederick, Inc, (SAIC-F) the Contractor shall furnish services, qualified personnel, materials, equipment, facilities not other wise provided under the terms of this Contract, as needed to operate a full service cafeteria.

B.2. TYPE OF CONTRACT

This is a Profit/Loss (P&L) contract with no cost to SAIC-Frederick, Inc. or NCI-Frederick. The contractor is responsible to maintain a revenue stream from operations to cover all costs plus a reasonable profit.

B.3. ADVANCE UNDERSTANDINGS

A. Items to be Furnished to the Contractor:

1. The Contractor will be allowed use of the Cafeteria Wing of Building 549 which contains approximately 7500 square feet of space. The wing is designed and outfitted as a cafeteria capable of seating up to 240 diners at one time. Title to all property provided or acquired under this contract will vest with NCI-F.

2. A floor plan of Cafeteria Wing (renovated) of Building 549 will be provided at walk through.

3. Property Listing

a) A listing of all accountable property for providing specified services of this contract will be provided to the Contractor by SAIC-F upon a mutual inventory of all equipment.

b) A listing of expendable property to be procured by the contractor will be reviewed with the successful offeror.

c) In addition to the requirements of this contract, the Contractor shall comply with the provisions of DHHS Publication (OS) 74.115 entitled Contractor’s Guide for Control of Government Property which contains a summary of the contractor’s responsibilities regarding purchasing authorizations, inventory, and reporting requirements under the contract. A copy of this publication is available upon request.

B. Pre-award Expenses: $0.00

C. The Contractor will be required to provide and install any inter-connect data cables/lines necessary to support its operation/services under this contract; however, no physical or structural changes to the facilities will be permitted without prior written approval of SAIC-F Contracting Officer.

SECTION C—DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

For the Operation of the National Cancer Institute-Frederick (NCI-F) Cafeteria

1.

Introduction

The Contractor shall furnish all the necessary services, qualified personnel, material, supplies, and equipment, not otherwise provided by SAIC-Frederick (SAIC-F), as needed to provide a cafeteria operation for NCI-F. The NCI-F campus is located within Fort Detrick, a U.S. Army Base in Frederick, MD.

2.

Definitions

“Foodservices” or

“Foodservice Facilities” Cafeteria and other foodservices as required

3. Description of (Existing and Renovated) Facilities The NCI café is a small cafeteria facility, with 120 planned seats with the ability to increase seating to approximately 200 seats. The seating area will be flexible enough and have enough space to double the seating capacity should volume warrant such a change. There is a small servery offering hot entrees, grilled foods, a made-to-order deli station(s), a soup and salad bar, beverages and desserts. It has two cashier stations and a fully equipped kitchen connected to the servery. It is currently open Monday through Friday, for breakfast and lunch. It is operated by the US Army Community Operations and Recreations Division, Military Welfare and Recreations (MWR). The NCI campus has approximately 3,500 employees within approximately 50 office buildings and laboratories. The NCI campus is located within the Fort Detrick Army Base.

The renovation plan calls for updating portions of the servery, featuring primarily:

· Soups

· Salad Bar

· Deli

· Grill

· Specialty Coffee Bar

There will also be desserts, snacks, and cold beverages.

The dining room will be renovated, adding updated décor features and several types of seating areas.

The entire concept has been designed to have a modern, cyber café meeting place atmosphere, that encourages the staffers and scientists to visit for refreshments and food while they have informal meetings, use their laptop computers, and purchase lunch. It will be completely transformed from its current appearance and function.

4.

Space and Utilities

NCI-F shall furnish space and utilities necessary for the operation of the service described herein. NCI-F reserves the right to use dining areas at times other than serving periods for meetings of NCI-F and its Contractor employees provided, that after each such use, the space is cleaned and returned to original configuration.

5.

Operating Schedule / Holidays

Cafeteria services will be provided 5 days per week, Monday through Friday, except on holidays observed by NCI-F.

Holidays currently observed are as follows:

New Years Day

Labor Day

Martin Luther King, Jr. Day

Columbus Day

Presidents Day

Veterans Day

Memorial Day

Thanksgiving Day

Independence Day

Christmas Day

6.

Renovation Schedule

The cafeteria will be closed on or about September 25, 2008 through approximately December 31, 2008 for extensive renovation to the dining area and some minor modifications to the servery. Reopening is anticipated to be January 12, 2009.

7.

Daily Service Hours (Monday-Friday)

Breakfast Hours:

7:00 a.m. – 8:30 a.m.

Lunch Hours

11:00 a.m. – 2:00 p.m.

The cafeteria will remain open to provide beverages, packaged and other snack type items during the hours of 7:00 a.m. until 4:00 p.m. daily. Serving hours may be adjusted as necessary to suit the requirement of the NCI-F. Service after regular hours, on Saturdays or on Sundays may be required periodically and will be coordinated no less than 72 hours in advance by SAIC-F contracting office.

8.

Responsibilities of the Contractor

Specifically, the Contractor will provide cafeteria operations as follows:

8.1 Quality of Food

8.1.1 Food Menus and Recipes – The Contractor shall exercise reasonable imagination, ingenuity, and good taste in the preparation of the food, planning a variety of menus, and developing new recipes. All food served shall be high quality. SAIC-F COTR shall review and approve all menus, at least quarterly.

8.1.2 Quality and Sanitation – The Contractor shall serve tasty, appetizing, and high quality food, under clean and sanitary conditions in accordance with the NCI-F rules and regulations, as well as FDA Food Code (2005 edition).

The individual in charge of the cafeteria operations shall be a certified Food Protection Manager, and an accredited Food Service Manager shall be present during the hours of food preparation and service. The Food Service Manager is to be certified under the ANSI accredited ServSafe Food Protection Manager Training provided through the National Restaurant Association Educational Foundation, which is the industry standard and is based upon the FDA Food Code (2005 edition).

Only first-quality foods, such as Grade AA eggs, Grade A Poultry, U.S. Choice Grades of beef, U.S. No. 1 Grade Pork, Grade A or fancy fresh or frozen vegetables and fruits, and Grade A or B canned goods shall be used. All foods served shall be wholesome and free from spoilage, free from adulteration and misbranding, and safe for human consumption. Uncooked items, such as fresh fruits, shall be clean and free from blemish. All foods shall, when served, be attractive in appearance and correct in temperature and consistency. They shall be crisp, moist, dry, tender, etc., as may be appropriate in each case.

8.2 Safety and Health 8.2.1 Compliance - The Contractor shall comply with all applicable laws, ordinances, rules and regulations of all federal, state, county, and city governments, bureaus and departments concerning the sanitation, safety and health of the cafeteria, and secure and maintain all necessary licenses, certificates and permits.

8.2.2 Codes –The Contractor shall observe the USFDA Food Code (2005 edition) in the conduct of the cafeteria. The Contractor shall further comply with any updated codes published by the USFDA.

8.2.3 Testing – In addition to such testing of food as the Contractor conducts in providing the food service, the Contractor shall immediately report to the CO and promptly have food products tested whenever events of, or claims of illness or injury are made in connection with such food operation.

8.3 Uniforms The Contractor’s employees shall wear uniforms, provided by the Contractor, that are of a style mutually acceptable to the Contractor and SAIC-F CO and shall maintain a clean, neat appearance at all times.

8.4 Prices and Portions 8.4.1 Menus - The Contractor shall follow, at a minimum, a 4-week menu cycle to include breakfast and lunch for the following stations: Soups, Salad Bar, Deli, Grill and Specialty Coffee Bar. The Contractor will also offer desserts, pastries, cold beverages and snacks. The Contractor shall provide a price and portion guide for all regular food and beverage items, which will be subject to the review of the CO.

Food portions will be consistent with and comparable to those obtainable in local commercial food establishments.

8.4.2 Menu Changes - The Contractor shall review proposed changes with the CO before making changes in operation policies, prices, or portions. This written notice would pertain only to changes in hours of service, portion/size, and prices proposed for increase. SAIC-F reserves the right to approve incremental price increases. Price increase requests should be submitted with a “market basket” analysis of no fewer than 5 similar quick service and fast food restaurants within a 2-mile radius of NCI-F, and should compare items of similar size, weight and quality. Additional justification pertaining to Contractor cost increases shall be included with price increase requests. Price of existing menu items is shown in the Contractor proposal will be incorporated as a part of the contract.

8.5 Nutrition

The contractor must emphasize healthful food choices and merchandising of these items must be prominent, exciting, and appealing. The menu program should encourage NCI-F staff and visitors to purchase these items regularly. The healthful menu program should complement and reinforce the overall mission of NCI-F.

For all items/portions served, the Contractor shall make available nutrition facts to include, but not be limited to, calories, fat content, carbohydrates, sodium and fiber.

8.6 Reporting Requirements 8.6.1 Quarterly Reports - On a quarterly basis, the Contractor shall provide a Cost Report summarizing expenditures to date and those projected for the remainder of the annual period, and cash register receipts totals for the period. Quarterly Reports shall be provided within 15 days following the end of each quarter.

8.6.2 Semi-Annual Customer Satisfaction Reports - A Semi-annual survey provided by NCI-F will be distributed to employees of NCI-F for comment. The survey will ask questions and provide space for comments regarding the employee’s satisfaction with the service, food quality, menu selection, pricing, and facility condition. SAIC-F CO will provide to the Contractor an analysis of survey results. The Contractor’s response to the customer satisfaction analysis will be due within 30 days following the Contractor’s receipt of survey analysis. The Contractor will be requested by SAIC-F CO to respond accordingly in those areas of the Contractor’s direct influence.

8.6.3 Annual Reports - Annual reports shall consist of a detailed written report of the operation and food service objectives/program, to include any changes to be recommended in the operation or program goals for the upcoming year. Annual reports shall be due within 30 days following the end of the annual period.

8.6.4 Other Reports - The Contractor may be required to produce ad-hoc reports in response to specific inquiries by the SAIC-F CO.

8.6.5 Report Submission -Copies of the above reports shall be submitted following each period as described above. One copy of each report shall be sent to the SAIC-F CO and the COTR.

8.7 Cleaning & Maintenance

8.7.1 General Cleaning – The Contractor is responsible for cleaning all areas including storage, food prep, serving, receiving and unloading areas to include all equipment and furnishings contained herein.

(1) The Contractor agrees to furnish all labor, supplies, materials, equipment, and supervision sufficient to maintain the Cafeteria concession areas in a clean, orderly, and sanitary condition at all times. Before beginning work the Contractor shall submit to the CO a list stating the name of the manufacturer and the brand name of the materials that are proposed to be used in the performance of this work. The Contractor shall not use in connection with the work of this contract, any material which the SAIC-F CO determines would be unsuitable for the purpose, or harmful to the surfaces to which it is applied.

(2) Equipment used in the performance of the cleaning services shall be of sufficient type and capacity to assure high quality work, and shall meet with the approval of the SAIC-F CO.

(3) Cleaning services shall be performed at such levels of quality and quantity as to assure that the standards of cleanliness and sanitation specified in this document shall be met at all times. In every case the COTR shall make the final determination of compliance with this requirement.

Cleaning services shall meet the highest standards of sanitation as previously established by Federal, State, and Local Governmental authority, and as prescribed by the COTR.

Failure to keep any of the facilities in a clean and sanitary condition satisfactory to the CO or the COTR is considered as unsatisfactory performance of this contract. Alternatively, the CO or the COTR may have the facility cleaned by other means and the cost of such work charged to the Contractor.

Neither SAIC-F nor NCI-F will be responsible in any way for damage or loss occasioned by fire, theft, accident, or otherwise, to the Contractor’s stored supplies, materials, or equipment, or his employees’ personal belongings.

(4) SAIC-F shall be responsible for the cleaning of all exterior windows (outside and inside thereof). SAIC-F shall also be responsible for the cleaning of Venetian blinds and drapes in the dining areas. All other areas, including floors in the servery will be the responsibility of the Contractor.

(5) Locker areas shall be kept clean.

Employees shall use the restrooms adjacent to locker areas and no other part of the facility for the purpose of changing clothing. These designated areas (lockers and restrooms) shall not be used for food preparation, storage or service, or for utensil washing or storage. Contractor is to keep locker area clean. SAIC-F will keep the restrooms clean.

(6) In the dining areas, exterior surfaces of all furniture shall be kept free of dust, dirt, debris, spillage, foreign substances, posted printed matter and anything that might contribute either to potential food contamination or degeneration in the appearance of the furniture. All spaces occupied or used by the Contractor will be kept free of rust, mold and mildew.

All furniture shall be kept free of food, dust, dirt, debris and stains, on all surfaces. Doors shall be kept free of food, dust, spillage, dirt, splash marks and spotting at all times.

(7) The Contractor shall monitor the foodservice areas (servery and dining room) during hours of cafeteria operation. All foodservice related debris in these areas are to be removed. The Contractor shall perform minor sweeping and spot cleaning of debris resulting from spillage of foodservice items in all dining areas during operating hours.

(8) In the foodservice preparation areas, hand sinks (single compartment) shall be kept free of chipping, dust, dirt, debris and soap buildup at all times. They shall have a soap dispenser and hand towel dispenser immediately adjacent that shall be kept fully serviced at all times. There shall be a trash can located immediately adjacent to the sink that shall be equipped with plastic liner and shall be kept free of all other materials except discarded hand towels at all times.

Stainless steel food preparation and serving tables, counters, and other external surfaces shall be kept free of dirt, dust, debris, grease buildup, algae and encrustation at all times.

(9) Dry storage areas shall be kept clean.

Office space shall be kept free of dust, dirt and debris on all surfaces (10) Where the Contractor temporarily stores trash and garbage at a central location to await removal from the premises, this location shall be kept free of pests, rodents and odors. The trash and garbage shall be kept in appropriate containers.

In cases where NCI-F trash disposal activity (contract or force account) does not provide for the frequency required for Food services garbage disposal, the Contractor is to dispose of all trash, rubbish or garbage in appropriate containers. In so doing the contractor shall comply with all Federal, State and local laws and regulations pertaining to the environment.

(11) Cleaning services shall be performed on a regular schedule. The following cleaning schedule shall be followed and can be increased at the request of the SAIC-F CO for the foodservices.

(a) Daily

(i) Clean tray rails and glass sneeze guard over serving line.

(ii) Spot clean tile walls and posts in dining and kitchen areas.

(iii) As required, empty trash and rubbish cans at a location designated by the CO for removal from the premises by the Contractor.

(iv) Steam clean trash cans and trucks or dump containers.

(v) Damp-wipe all doors and windows.

(vi) Thoroughly clean inside of dishwashers, coffee urns, all beverage dispensers, hot and cold food troughs, etc.

(vii) Clean locker areas.

(viii) Clean dining room tables & chairs

(ix) Clean trash holding areas

(b) Weekly

Thoroughly clean chairs and table pedestals.

(c) Monthly

Clean all portable fans.

(d) Semi-annually

Thoroughly clean the tile walls in kitchen and dining areas.

(ii) Thoroughly clean all fans, ventilating grills and ventilators.

At times, the COTR may require additional cleaning as deems necessary. No work shall be performed on weekends or Federal holidays, without prior approval of the CO.

8.7.2 Janitorial– SAIC-F will be responsible for providing janitorial/cleaning services within the dining area, to include floor surfaces, carpet, interior windows and wall cleaning. SAIC-F will be responsible for the cleanliness and care of the outside area to include window exteriors, grounds and landscaping. The Contractor will be responsible for the clean up of spills during food service hours.

8.7.3 Maintenance of Kitchen Equipment – The Contractor will assume all responsibilities for obtaining preventative maintenance and service on kitchen equipment. SAIC-F shall be responsible for payment of preventive maintenance and service except for Contractor misuse and other than normal wear. For those items under warranty, the Contractor will call directly to the service provider, with a notice to SAIC-F COTR. In the event of an emergency (gas odor, electrical shorts, etc.), the Contractor will notify the SAIC-F Trouble Desk. SAIC-F staff will respond to resolve the unsafe condition as soon as possible.

8.7.4 Maintenance of Building Systems – Maintenance of building utility systems will be the sole responsibility of SAIC-F. A preventive maintenance program will be developed after consultation with the Contractor manager to assure no disruption of cafeteria services. Emergency repair of the cafeteria facility or installed equipment will be provided on a 24-hour basis by the SAIC-F staff.

8.8 Hazard Analysis Critical Control Point

Contractor shall have a documented HACCP plan in place which shall monitor the flow of food throughout the operation. This shall include receiving logs, time/temperature logs, refrigerator and freezer temperature logs, cooling logs, and all other components of an effective HACCP plan.

8.9 Cash Registers (POS System) - The Contractor shall provide a POS system, which shall not be a product proprietary to the Contractor. POS system shall have the ability to generate incremental daily sales reports, number of specific times sold and other pertinent analysis data.

9. Responsibilities of Contracting Officer and NCI-F

9.1 Contract to Operate the Facilities – SAIC-F & NCI-F agrees to grant to the Contractor for the stipulated period, subject to the contract requirements and conditions herein, the right to establish, manage and operate the cafeteria and related foodservice outlets in the NCI-F Building as described herein and in connection therewith to prepare and sell food, nonalcoholic beverages and such other products as SAIC-F may authorize in consultation with NCI-F.

9.2 Facilities - At the beginning of the contract period, SAIC-F will provide space for operations under the contract as it may deem necessary or desirable. It will provide adequate ingress and egress, including a reasonable use of existing elevators, corridors, passageways, driveways, and loading platforms. It will, as it deems advisable, provide space heating, space lighting, ventilation, and the utilities. In addition, it will:

9.2.1 Make such improvements and alterations as it may deem necessary or desirable to prepare or recondition assigned space for its intended purpose, including improvements and alterations necessary to conform to applicable sanitary requirements.

9.2.2 Maintain and repair building structure in areas assigned for the Contractor’s use, including painting and redecoration, water, steam, sewer, and electrical lines, ventilation, electrical lighting fixtures (including re-lamping); floors and floor coverings, and walls and ceilings: provided, that the Contractor shall bear the expenses of repairs necessary because of negligence on the part of the Contractor or the Contractor’s employees.

9.2.3 At its own expense, provide, install, and permit the Contractor to use the equipment listed, and additional equipment of a similar type when required for expansion approved by the SAIC-F CO; provided, that equipment no longer needed for the contract operations may be withdrawn by the CO. SAIC-F will replace equipment, which it has provided, as it deems necessary. Subject to adequate maintenance and repair of equipment by the Contractor (as required in Section 8.7.3, Responsibilities of the Contractor), SAIC-F will replace and pay for component parts of, and make repairs to such equipment.

The services described in the Statement of Work are to be performed on-site at NCI-F, Building 549. Space, utilities, and telephone/communications to house and support this effort are available at NCI-F and will be provided free of charge to the Contractor. All resources provided free of charge to the Contractor must be used exclusively in support of the Cafeteria as defined in the Statement of Work. The Contractor is specifically prohibited from using these resources for any outside commercial effort without the prior written approval of the resident SAIC-F CO.

10. Government Furnished Equipment (GFE) SAIC-F will furnish GFE for the contractor’s use, equipment of the character included but not necessarily limited to the list below (any other property provided shall be detailed in a modification to this solicitation or any resultant subcontract):

Coffee & Tea Brewing Equipment

Cold Fountain Beverage Equipment

Deli Equipment

Espresso Machine

Fire Protection System

Food & Beverage Merchandisers, all types

Food Shields

Grill Equipment

Ice Maker(s)

Oven(s), all types

Range(s), all types

Refrigerators, all types

Salad Bar equipment

Serving Counters, all types

Sink set-ups, all types

Slicer(s)

Soup Wells

Toasters, all types

Worktables, all types

Dining Room Tables & Chairs

11.

Rights and Authority of Contracting Officer and SAIC-F

11.1 The SAIC-F CO shall have the right to send its representatives into areas assigned for the Contractor’s use, at any time, for inspections or other purposes. Representatives of the CO or its designees may inspect the cafeteria facility four times a year (or more frequently) for the purpose of assessing the physical condition of the facility and services being provided.

11.2 Representatives of the SAIC-F CO will perform periodic inspection to evaluate the services and acceptance of deliverables (reports) to be provided.

11.3 SAIC-F’s Facilities Maintenance and Engineering Department (FME) will conduct periodic inspections and surveillance of Building 549 in general to include areas allocated to the Contractor under this contract. This inspection will be in conjunction with preventive maintenance (PM) programs associated with the utilities and other building systems.

11.4 Concession and Vending Stands - NCI-F reserves the right to permit the establishment of concession and vending stands to be operated by the State Licensing Agency under the Provisions of the Randolph-Sheppard Act (20 U.S.C. 107).

12. Restrictions

12.1 Equipment - Unless otherwise permitted by the SAIC-F CO, the Contractor shall not install and/or operate any automatic vending equipment other than that specified in the contract or remove any NCI-F-owned equipment from the premises (except for repair).

12.2

Patronage - Since the facilities to be provided hereunder are for the benefit and conveniences of NCI-F employees, NCI-F may regulate patronage from other sources.

12.3 Weekends and Federal Holidays - No work shall be performed on weekends or Federal holidays without prior approval of the COTR.

12.4

Facilities - The physical facilities made available to the Contractor under this contract shall not be used in connection with operations not included in the contract. Conversely, the Contractor may utilize centralized food preparation and storage sources located elsewhere from which distribution is made to facilities operated by the Contractor, including the facilities included in this contract. Prices charged to the operation for items obtained from these sources shall not exceed the actual cost of procurement and/or storage, preparation and distribution.

13.

Records

The Contractor shall maintain such accounting records in connection with operations under this contract as are satisfactory to the SAIC-F CO. The Contractor shall take all necessary precautions to assure that all income received from any source is immediately recorded through cash register (POS) sales tickets and that all expenditures are supported by appropriate vouchers.

14.

Cash Register (Point-of Sale or POS) Readings

The Contractor shall permit an authorized representative of the CO to read cash register (POS) counters and sales recorders on demand.

15.

Projected Annual Budget

The Contractor shall provide the CO or his designated representative a projected annual operating budget statement of revenue and expenses (pro forma) at the beginning of each fiscal year of the contract. The annual budget shall include a written explanation of how each line was developed and, for each meal period, the estimated customer participation, check average and sales.

16. Property Accountability

16.1 Joint Inventory – Prior to the effective date of this contract, NCI-F (through SAIC-F) and the Contractor will conduct a joint inventory of all non-expendable equipment, furnishings, and systems to be used by the Contractor in providing specified services under the contract.

16.2 Property Receipt – Upon agreement by all parties that all items subject to inventory are physically available or accounted for, the Contractor representative will sign a property receipt provide by SAIC-F. At this point, the Contractor becomes responsible for control and accountability of the property.

16.3 Property Turn-In – At the conclusion of this contract, a joint inventory will be conducted to determine overages, shortages, and condition of non-expendable property under the control of the Contractor in providing specified services under this contract. Items missing or damaged due to non-fair wear and tear will be subject to replacement or reimbursement by the Contractor.

16.4 Replacement of Broken, Expendable, Unserviceable or Missing Expendable Equipment - The Contractor will conduct a quarterly inspection and inventory of expendable equipment and other like items to determine breakage, serviceability, and shortages of these type items.

17. Building Security and Access

17.1 Access – The Contractor will have access to all its assigned areas of Building 549 at all times during normal business hours. The Contractor will coordinate with SAIC-F Protective Services (Bldg. 426, X1091), Environment, Health, and Safety (EHS) Program for access to assigned areas of Building 549 during other than normal business hours.

17.2 Key Control – The Contractor will determine requirements for building and access door keys request and coordinate issue of all required keys in accordance with the standing procedures of SAIC-F Protective Services, EHS.

17.3 Building Manager – The Contractor will coordinate all other tenant/user requirements with the SAIC-F Building Manager.

18. Base Access

18.1 Subcontractor employees will adhere to all Department of Defense and U.S. Army regulations pertaining to entering Fort Dietrick.

18.2 In the case of inclement weather Contractor will follow base closure and delayed opening as determined by the U.S. Army Garrison. Early closures will be determined by NCI-F and may be different than the base closings.

19. Medical and Emergency Care Notifications In the event of an emergency which would require the assistance of medical, police, or fire and rescue personnel, the Contractor shall be responsible for contacting them by way of 911, providing details as required to assist in determining the status of the emergency and the directions to the Cafeteria. After notification to 911 is made the Contractor shall be responsible for notifying the SAIC-F Protective Services Office at X1091 of the same emergency.

SECTION D—PACKAGING AND MARKING

Any deliverables required under this subcontract, shall be packaged, marked, and shipped in accordance with commercial standards, or as specified herein. At a minimum, all deliverables shall be marked with the subcontract number and Contractor name. The Contractor shall guarantee that all required materials be delivered in immediate usable and acceptable condition.

SECTION E—RESERVED

SECTION F— DELIVERABLES OR PERFORMANCE

F.1. PERIOD OF PERFORMANCE

The period of performance shall be from December 1, 2008 through September 25, 2010 with the following option periods:

Option Period 1

September 26, 2010 – September 25, 2011

Option Period 2

September 26, 2011 – September 25, 2012

Option Period 3

September 26, 2012 – September 25, 2013

Option Period 4

September 26, 2013 – September 25, 2014 NOTE: Actual Period of performance may need to be adjusted to reflect actual occupancy of the renovated facilities which is currently anticipated to be in December 2008. Option periods will be twelve month increments, but will be aligned, if necessary, to correspond to SAIC-F’s OTS contract with NCI-Frederick.

F.2. DELIVERABLES

The contractor will be required to perform the work described in Section C

F.3. REPORTING REQUIREMENTS

A. For those reports required by C.8.6 and other terms of this subcontract, the Contractor shall prepare and submit the reports in the manner stated below:

1. All reports shall contain the following:

a. Name of Person Submitting the Report

b. Contract Number

c. Report Date

d. Period Covered by the Report

e. Brief Summary of Work Accomplished during the period

F.4. SATISFACTORY PERFORMANCE

A. Satisfactory performance shall be based on performance of the work described in Section C.

B. Copies of the reports required by C.8.6 and other terms of this subcontract shall be submitted following each period shall be sent to the SAIC-F CO and the COTR.

SECTION G—CONTRACT ADMINISTRATION DATA

G.1. CONTRACT REPRESENTATIVES

A.

The following individual is designated as the SAIC-Frederick Contracting Officer and is authorized to conduct business, negotiate, award, and modify this subcontract.

Frederick, MD 21702

Email: andersoneugene@mail.nih.gov

B. The following individual is designated as the SAIC-Frederick Contracting Officer’s Technical Representative (COTR) and is authorized to provide technical guidance and otherwise represent SAIC-F as stated herein:

Frederick, MD 21702

Email: hardistr@mail.nih.gov

The Contracting Officer’s Technical Representative is responsible for: (1) monitoring the subcontract 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 the subcontract; and (5) assisting in the resolution of technical problems encountered during performance.

C. The following individual has been designated as the SAIC Frederick Subcontracts Specialist for purposes of administering, processing and handling this subcontract:

Frederick, MD 21702

Email: doughertdennis@mail.nih.gov

G.2. SUBCONTRACTOR CONTRACT REPRESENTATIVES

A. The following individual(s) is/are the designated representative of the vendor. This will be the Official authorized to negotiate and sign this Subcontract:

Fax: (Insert No.)

Email: (Insert e-mail Address)

B. Subcontractor Invoice Representative(s). The following individual(s) is the designated representative to submit invoices):

Fax: Insert No.)

Email: (Insert e-mail Address)

G.3. KEY PERSONNEL

Pursuant to the Key Personnel clause incorporated in this subcontract, the following individual is considered to be essential to the work being performed hereunder, and shall not be re-assigned, removed or substituted without the concurrence of the SAIC-F Contracting Officer:

NAME

TITLE

XXXXX

Site Manager

Assistant Site Manager

District Manager

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1. PUBLICATION

When publishing, or submitting for publication, in scientific, peer-reviewed or other scholarly publications, the subcontractor shall acknowledge the support of the National Institutes of Health whenever publicizing the work under this contract in any media by including an acknowledgment substantially as follows:

“This project has been funded in whole or in part with Federal Funds from the National Cancer Institute, National Institutes of Health, under Contract No. NO1-CO-12400. The content of this publication does not necessarily reflect the views or policies of the Department of Health and Human Services, nor does mention of trade names, commercial products, or organizations imply endorsement by the U.S. Government.”

For Abstracts: (due to space limitations) “Funded by NCI Contract No. N01-CO-12400”

H.2. PRESS RELEASES AND PUBLICITY

No press releases or publicity (hereinafter ‘publicity’) pertaining to this subcontract including, but not limited to, press releases, public announcements, advertising material and other documents describing projects or programs funded in whole or in part with Federal money regardless of media, shall be issued by Subcontractor without the prior review and written consent of the SAIC-F Contracting Officer. When authorized by SAIC-F, the publicity issued by the Subcontractor shall clearly state:

(1) the percentage of the total costs of the program or project which will be financed with Federal money

(2) the dollar amount of Federal funds for the project or program

(3) the percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources in accordance to Public Law 109-149, Title V, Section 506.

(4) an acknowledgment substantially as follows:

“This project has been funded in whole or in part with Federal Funds from the National Cancer Institute, National Institutes of Health, under Contract No. NO1-CO-12400. The content of this publication does not necessarily reflect the views or policies of the Department of Health and Human Services, nor does mention of trade names, commercial products, or organizations imply endorsement by the U.S. Government.”

H.3. SALARY RATE LIMITATION LEGISLATION PROVISIONS

Pursuant to Public Law(s), no NIH Fiscal Year funds may be used to pay the direct salary of an individual through this contract at a rate in excess of the applicable amount shown for the fiscal year covered. Direct salary is exclusive of overhead, fringe benefits and general and administrative expenses.

The per year salary rate limit also applies to individuals proposed under subcontracts. If this is a multiple year contract, it may be subject to unilateral modifications by the Government if an individual’s salary rate exceeds any salary rate ceiling established in future DHHS appropriation acts. In accordance with Public Law salaries are limited as follows:

*Effective January 2008, this amount is $191,300 and will remain at this level until such time as the Executive Level I is increased. See the web site listed below for FY-2008 Executive Level I rates of pay. FY08 Executive Level Salaries: http://www.opm.gov/oca/PAYRATES/index.htm

H.4. REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSE

Anyone who becomes aware of the 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 e-mail address is Htips@os.dhhs.gov and the mailing address is:

Office of Inspector General

Department of Health and Human Services

TIPS HOTLINE

P.O. Box 23489

Washington, D.C. 20026

Information regarding procedural matters is contained in the NIH Manual Chapter 1754, which is available on (http://www3.od.nih.gov/oma/manualchapters/management/1754).

H.5. ORGANIZATIONAL CONFLICT OF INTEREST

During the performance of this contract, the contractor is prohibited from engaging in similar work or services adverse to the interests of SAIC-Frederick, Inc./NCI. The Contractor also certifies that no services rendered under any agreement during the term of this contract will be adverse to the interest of SAIC- Frederick, Inc./NCI. The contractor also certifies that no financial, contractual, organizational, or other interest exists relating to the work under this agreement that would constitute an Organizational Conflict of Interest or otherwise cause the Contractor to be unable or potentially unable to render impartial assistance or advice, impair objectivity in performing the work, or create an unfair competitive advantage for any entity wherein the Contractor has an interest. The Federal statutes and regulations concerning conflict of interest carry criminal penalties for violation. The Contractor is personally responsible for identifying any such conflict of interest, or any relationship or actions that might give the appearance that a conflict of interest exists or could reasonably be viewed as affecting the Contractor’s objectivity in performing the work under this agreement. By signature the Contractor certifies the understanding of the above and that no Organizational Conflict of Interest exists that would affect this Contract. The Contractor also indemnifies or otherwise holds harmless SAIC-Frederick, Inc./NCI should an Organizational Conflict of Interest become apparent (not previously disclosed) during the life of this contract.

H.6. PROHIBITION ON CONTRACTOR INVOLVEMENT WITH TERRORIST ACTIVITIES

The contractor acknowledges that U.S. Executive Orders and Laws, including but not limited to E.O. 13224 and P.L. 107-56, prohibit transactions with and the provision of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of the contractor to ensure compliance with these Executive Orders and Laws. This clause must be included in all subcontracts issued under this contract.

H.7. SERVICE CONTRACT ACT REQUIREMENT

The Subcontractor will be subject to the Service Contract Act as amended. Information pertaining to this act may be found at the U.S. Department of Labor (www.dol.gov) and Wage Determinations on Line.gov (www.wdol.gov) websites. The Subcontractor will be required to pay employees covered by the Act no less than the officially determined rates and benefits.

PART II—CONTRACT CLAUSES

SECTION I—CONTRACT CLAUSES

I.1. GENERAL CLAUSES

Where the words “Contracting Officer” or “Government” appear, it shall be understood to mean “SAIC-Frederick, Inc. Contracting Officer” or “SAIC Frederick, Inc.” (buyer) provided; however, that such substitution in no way supersedes or diminishes any rights or responsibilities of the Government under public law, Federal Acquisition Regulations, or in the terms of the prime contract, including, but not limited to, the right to review, audit, and approve any records or procedures of the Subcontractor. Where the word “Contractor” appears, it shall be understood to mean “Seller” and where “Contract” appears, it shall be understood to mean “Order.”

This subcontract incorporates the following FAR clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/comp/far/index.html.

This subcontract incorporates the following DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION HHSAR 48 Chapter 3 clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://www.hhs.gov/oamp/dap/hhsar.html

TERMS AND CONDITIONS

October 10, 2007

1. GOVERNMENT RELATIONSHIP

This Order is made by SAIC-Frederick, Inc., a Subsidiary of Science Applications International Corporation under its contract with the National Cancer Institute at Frederick (NCI-Frederick). The provisions and clauses contained herein are influenced by and reflect the relationship of the parties in that contract, which was awarded and is administered under the provision of the Federal Acquisition Regulation (FAR). There is no privity of contract between the Seller and the Government.

2. GENERAL RELATIONSHIP

The Seller is not an employee of SAIC-Frederick, Inc. for any purpose whatsoever. Seller agrees that in all matters relating to this Order it shall be acting as an independent contractor and shall assume and pay all liabilities and perform all obligations imposed with respect to the performance of this Order. Seller shall have no right, power or authority to create any obligation, expressed or implied, on behalf of Buyer and/or Buyer’s customers and shall have no authority to represent Buyer as an agent.

3. RESERVED (DEFINITIONS)

4. SOLICITATION AND AWARD CLAUSES – SPECIAL DEFINITIONS

FAR clauses included in this Order, including any solicitation document, shall be interpreted as follows:

Unless a purposeful distinction is made clear and the context of the clause requires retention of the original definition, the term “Contractor” shall mean Seller, the term “Contract” shall mean this Order, the term “Subcontractor” shall mean subcontractors of Seller at any tier, and the terms “Government”, “Contracting Officer”…