PWS Draft (for RFI).11.12.24.docx
DOCX document 4 MB Posted
- Solicitation number
- OAA-24-00292
About this file
This document is a Performance Work Statement (PWS) for a federal contract opportunity for cafeteria services at the National Mine Health and Safety Academy in Beaver, West Virginia. The scope includes cafeteria facility management functions such as procuring food, receiving and storage, food preparation and serving, and facility sanitation services. The contractor will also be responsible for vending machines and a student store.
The anticipated period of performance is a one-year base period from March 27, 2025 to March 26, 2026, with four one-year option periods. The government anticipates award of a firm-fixed-price contract. Key requirements include providing prompt, efficient, and courteous service; complying with all local, state, and federal health regulations; and maintaining a Hazard Analysis and Critical Control Point (HACCP) plan. The contractor must employ a full-time, qualified food service manager and ensure all food service employees have certified food handler's cards. The contractor will be responsible for daily cleaning and maintenance of the cafeteria, serving areas, and dining room, and must participate in the government's recycling and composting programs.
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| Draft CLIN Structure for RFI.docx | DOCX document | |
| Historical Cafeteria Meal Count 2023-2024.xlsx | XLSX spreadsheet |
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Text version
Performance Work Statement (PWS)
For
Cafeteria Services for the National Mine Health and Safety Academy, Beaver, WV
PART 1 GENERAL INFORMATION
1.1. Description of Services/Introduction:
The Contractor shall establish and operate in the Contractor's name, the food service facilities for the purpose of dispensing food, nonalcoholic beverages and such other items as may be authorized by the Contracting Officer's Representative (COR), in accordance with all terms and conditions specified herein this PWS.
1.2. Background:
The National Mine Health and Safety Academy (Academy) is a residential training facility operated by the Mine Safety and Health Administration (MSHA). It is the world’s largest facility devoted to health and safety in mining. It is a central training facility for Federal mine safety and health inspectors, mine safety professionals, other government agencies, the mining industry and labor. The National Mine Health and Safety Academy was constructed on 74 acres in the early 1970s with the intent to provide a self-contained training facility for the Agency and the mining industry. Mining professionals from across the United States and many foreign countries come to the Academy for health and safety training. The Academy complex, which opened in 1976, consists of 15 buildings, eight of which are inter-connected, making up 388,110 square feet and includes classrooms and laboratories accommodating 600 students, a residence hall of 174 lodging rooms, a cafeteria, a library, auditorium, and wellness facilities.
This food service will operate primarily for the students but there are approximately 150 building occupants. The Academy has visitors during the day that attend short seminars, on-site meetings and other functions. These visitors have access to the food service but may not necessary “overlap” the breakfast or lunch period.
1.3. Objectives:
The primary objective of this effort is for the contractor to provide the dispensing of food, nonalcoholic beverages, and other items as authorized by the COR and/or CO in accordance with all terms and conditions specified within this PWS.
1.4. Scope:
The scope of this contract will include cafeteria facility management functions such as procuring food, receiving and storage of food, food preparation, food serving, and facility sanitation services. The vendor will also be responsible for vending machines and the student store.
The Contractor shall establish and operate the food service facilities described herein for the purpose of dispensing food, nonalcoholic beverages, supporting catering events as requested and such other items as may be authorized by the contracting officer (CO) or Contracting Officer’s Representative (COR) in accordance with the terms and conditions of this contract.] The contractor shall, in all respects, conduct the Food service operation in accordance with all accepted industry practices and comply with all local, state and federal health regulations. The Contractor shall provide prompt, efficient, and courteous service, and avoid undue interference with the operation of buildings in which services are provided.
1.5. Period of Performance:
The period of period for this contract will be for one (1) base period of twelve (12) months with four additional option periods of twelve (12) months each that may be exercised at the discretion of the Government. The estimated POP dates are:
| Base period: | March 27, 2025-March 26, 2026 | |
| Option Period I: | March 27, 2026-March 26, 2027 | |
| Option Period II: | March 27, 2027-March 26, 2028 | |
| Option Period III: | March 27, 2028-March 26, 2029 | |
| Option Period IV: | March 27, 2029-March 26, 2030 |
1.6. General Information
1.6.1. Quality Control:
The contractor shall develop and maintain an effective Quality Control Program (QCP) to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QCP is the means by which he assures himself that his work complies with the requirement of the contract. The QCP shall be delivered to the Contracting Officer and the Contracting Officer Representative 10 working days after contract award. The Government will accept or submit any proposed changes to the QCP within 10 working days after receipt of such plan. After acceptance of the QCP the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system. The QC is to be submitted to the Contracting Officer Representative (COR) and/or CO within 30 calendar days of contract award.
1.6.2. Quality Assurance:
The contractor shall develop and submit with its offer, quality assurance procedures it intends to apply to this requirement to identify, prevent, recurrence of defective services. At a minimum, the contractor shall provide quality assurance procedures that ensure successful contract performance and address the areas identified in Technical Exhibit 1, “Performance Requirements Summary”. These procedures will be part of the offerors technical approach and may be integrated into the governments' Quality Assurance Surveillance Plan. The government will use the Quality Assurance Surveillance Plan to evaluate the contractor’s performance under this contract.
The Government shall evaluate the Contractor’s performance under this contract action in accordance with the Quality Assurance Surveillance Plan. This plan focuses primarily on what the government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).
Quality Management/Quality Assurance Surveillance:
Contractor’s professional(s) shall be subject to Quality Management measures, such as (list what you as a Program Manager will be evaluating the Contractor on).
Surveillance Methods: Contractor performance will be monitored by the government using the standards as outlined within the Quality Assurance Surveillance Plan (QASP) and the monitoring methods.
The Quality Assurance Surveillance Plan explains the following:
| · | What will be monitored? |
| · | How will monitoring be conducted? |
| · | Who will conduct the monitoring? |
| · | How to document the efforts and results of monitoring? |
The QASP does not detail how the contractor accomplishes the work, but rather the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. The plan focuses on what the Government must do to ensure the contractor has performed in accordance with the performance standards. It is the Government's responsibility to evaluate performance objectively, fairly, and consistently.
Complaints: The Contracting Officer (CO) will resolve complaints concerning Contractor’s relations with the Government employees. The CO has final authority to validate complaints. If the Contractor is involved and named in a validated employee complaint, the Government reserves the right to refuse acceptance of the services of such personnel. This does not preclude refusal in the event of incidents involving physical or verbal abuse.
The Government reserves the right to refuse acceptance of any Contractor personnel at any time after performance begins if personal or professional conduct jeopardizes an any contracted or federal employee while working under the contract conducts violations that include but are not limited to intoxication or debilitation resulting from drug use, theft, abuse, dereliction or negligence in performing directed tasks, or other conduct resulting in formal complaints by applicant or incumbent employee or other staff members to designated Government representatives. Standards of conduct shall be consistent with those prescribed by current federal personnel regulations. The CO and COR shall deal with issues raised concerning Contractor’s conduct. The final arbiter on questions of acceptability is the CO.
1.6.3. Remedies
The Contracting Officer shall follow FAR 52.212-4, “Contract Terms and Conditions-Commercial Items” for contractor’s failure to perform satisfactory services or failure to correct non-conforming services.
1.6.4. Recognized Holidays:
The contractor is not required to perform services on recognized holidays.
The Federal Government observes the following holidays and Federal buildings will be closed. Federal contractors shall not perform services under this contract on the following holidays:
| New Year’s Day | Independence Day |
| Inauguration Day (if applicable) | Labor Day |
| Martin Luther King Jr.’s | Columbus Day |
| Birthday | Veteran’s Day |
| President’s Day | Thanksgiving Day |
| Memorial Day Juneteenth Day | Christmas Day |
In addition to the recognized holidays, if there are Government early dismissals, late arrivals, office closures due to inclement weather, early holiday closures, or any other reasons deemed necessary, the Contractor will coordinate with the Contracting Officer’s Representative (COR) and Contracting Officer to determine if any of these events apply to contract staff.
1.6.5. Hours of Operation/Place of Performance:
A. Service Schedule.
Food services will be provided 5 days per week, Monday through Friday (except for holidays observed by the Federal Government) at a minimum for the below listed hours. The food service will remain open daily until 1pm for student classroom breaks. If requested for afternoon classroom breaks, coordination with food service director and COR is required. The schedule is as follows:
| Period | Opening | Closing |
| Breakfast | 6:15 AM | 8:00 AM |
Lunch 11:30 AM 1:00 PM
Dinner (Optional) 5:30PM 7:00 PM
On weekends, Saturday and Sunday, when requested by the Government, cafeteria services will be provided as follows:
| Period | Opening | Closing |
| Breakfast | 6:30 AM | 8:30 AM |
Lunch 12:00 PM 2:00 PM
Dinner (Optional) 5:30PM 7:00 PM
The above hours are minimum hours to which the Contractor must adhere; if the Contractor wants to extend the service schedule to increase its financial viability, the hours can be extended. Changes must be requested in accordance with modification to service schedule. The Contractor has the option of opening for the dinner period to increase its financial viability without a financial guarantee from the Government.
Alcoholic beverages (beer and wine) may be served 5:00 PM to 7:00 PM, Monday through Friday, and 12:00pm to 7:00 PM Saturday and Sunday. This is optional if the food service is requested to be open by the CO or COR.
B. Modification to Service Schedule.
Any request for modifying the hours or days of service shall be submitted for approval of the Contracting Officer’s Representative (COR) prior to start of service date. The Contractor can submit a request for reduction in service during Government holiday periods in advance (14 days). If the Telecommute and/or Alternate Work Schedule (AWS) Agency programs impact sales levels on specific business days, the Contractor can submit a request for change in service on these days. The COR will review the request and advise the Contractor if a request is approved.
The Government may request modifications to operating hours due to student training schedules, reduction and or Academy closures. The CO or COR may adjust hours as necessary to accommodate the requirements of the Academy.
C. Suspension of Work:
In the event Federal employees are dismissed from work for any reason (e.g. due to severe weather, unanticipated holidays declared by the President or failure of the Congress to appropriate funds, etc.), the Contractor may be required to temporarily cease operations. The Government will not be liable for any claim for business lost during such a suspension of Government operations.
The Contractor will resume operations on the following Government business day. The Contractor is required to notify the COR immediately if operations cannot be resumed on that day.
C. Reduction in Schedule due to student count:
It is estimated the cafeteria shall be closed ten weeks a year due to low student count. Those weeks generally fall during the weeks of Government holidays but may include other weeks due to low students counts. These weeks will be determined prior to exercising each option and added via modification. These weeks are also subject to change with two weeks’ notice to the contractor. The base year of the contract the following weeks will be closed:
May 25, 2025 – May 31, 2025 June 15, 2025- June 21, 2025 June 29, 2025- July 5, 2025 August 31, 2025- September 6, 2025 November 9, 2025- November 15, 2025 November 23,2025- November 29, 2025 December 20, 2025-December 26, 2025 December 27, 2025-January 3, 2026 January 18, 2026- January 24, 2026
The contractor will prorate the monthly minimum on the invoice for these periods of closures.
Description of Facilities:
A. Location in the Building.
| National Mine Health and Safety Academy |
| 1301 Airport Road |
| Beaver, WV 25813 |
Cafeteria and Kitchen The kitchen and cafeteria are located on the first-floor level.
B. Seating Capacity.
Approximately 275 seats.
C. Access to Building.
The Academy allows convenient access to the food service level to visitors that have a valid driver’s license or other form of identification. All visitors must pass thru the security guard at the entrance gates.
The Government shall be responsible for cleaning and maintenance of dining room flooring/carpet when needed and through contracted timeframes.
1.6.6. Place of Performance:
The work to be performed under this contract will be performed at the National Mine Health and Safety Academy located at 1301 Airport Road, Beaver, WV 25813.
1.6.7. Type of Contract:
The government anticipates award of a firm fixed price contract.
1.6.8. Security Requirements:
FPS will conduct a background check utilizing the National Agency Checks with Written Inquiries (NACI) to determine the existence of a criminal record once the FPS HSPD-12 Contract Info Worksheet is received and reviewed for accuracy and completeness. Upon receipt of the FPS HSPD-12 Form, the FPS staff will conduct the appropriate Background investigation. If no negative information is received, FPS will enter the Contractor's into the e-QIP system for processing. The Contractor will receive an e-mail notification to access the internet and logon to e-Qip and complete the indicated security forms. The Contractor will have 7 working days to enter e-Qip and fill out all necessary forms. Upon completion of the forms and e-QIP acceptance of the forms, the system will generate a general release form, a medical release form and an e-QIP Investigation # attached. The Contractor will sign the release form and together with two (2) copies of completed fingerprint cards, and a copy of (2) picture ID's. Fingerprint results should take 3-5 days to be completed and results provided to Credentialing Official at NCR. https://www.dhs.gov/homeland-security-presidential-directive-12.
A contract employee may start work on a contract while awaiting NACI clearance if escorted or their work is limited to public areas and normal public access times. Until a “Suitable” NACI determination has been made, the contract employee must submit to the security check access procedure that is in place at the facility where the employee is working. The security clearance office/personnel will not provide the employee with an access badge, until the “Suitable” NACI has been received.
If security clearance office/personnel receive evidence of disqualifying criminal history information, they will immediately advise the COR that the employee has received an “Unsuitable” NACI. The COR will advise the contract employer that the employee is “Unsuitable” and a Notice of Final Adjudication determination must be rendered. Until that check is completed, the individual in question will not be allowed access in the Federal building as a contract employee.
A person who receives an “Unfavorable” Notice of Final Adjudication determination will be provided a reasonable time (30 days) to challenge the accuracy of the information contained in the FBI criminal history records; past employment history and/or State criminal history repositories; or to provide additional facts, proof and supporting documents outlining any mitigating circumstances affecting any information maintained in the criminal history records. During the 30 days the person will not be allowed access to the building.
All contract employees that receive a “Favorable” Notice of Final Adjudication receive a clearance valid for five (5) years from the Notice of Final Adjudication date. Contract employees cleared through this process while employed by a Contractor who is subsequently replaced by another Contractor shall only be required to submit another set of clearance forms if the employee has not been cleared within the last five years, or if required by the Contracting Officer's Representative (COR).
In emergency situations, such as when a replacement is needed for a long-term contract employee, due to illness or other unforeseen events, a substitute contract employee may be granted access to the facility. The Manager must ensure that the employee is escorted while they are performing their assigned contract duties or their work is limited to public areas and normal public access times, until the new employee has received a “Suitable” NACI clearance.
The Contractor shall possess a valid background check showing no evidence of Federal, state, or local felony charges and/or convictions.
The Contractor shall submit any contingent contracts or subcontracts that provide any services required under this contract if requested by COR or CO. Security clearances will be according to Government policy, regulations, and procedures.
1.6.8.1 Physical Security:
The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.
Designated employees shall have the responsibility for determining that all equipment has been turned off, lights and fans turned off, and doors locked when the cafeteria is closed. The key to the kitchen/food service area is to be picked up by the manager/alternate from the Security Guard at the main security gate entrance upon entering the Academy complex each workday. The key shall be available for emergency use only at the main security gate. The contractor shall immediately, upon arrival at the facility, contact the Security staff if the facility is found unsecured. This is a daily routine with the key being returned to the Security staff when exiting the complex. The contractor shall be responsible for safeguarding all government property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.
1.6.8.2 Key Control:
The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer’s Representative.
The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer’s Representative.
1.6.8.3 Identification of Contractor Employees:
At all times while on duty, the Contractor's employees shall wear a distinctive professional looking uniform that displays the company logo, wear a hair net and or other suitable head covering, appropriate use of gloves while always handling food and a legible ID name badge as a means of identification while they are in the building.
1.6.8.4 Employee Conduct:
Contractor employees shall always present a professional appearance and their conduct shall not reflect discredit upon the United States and the Department of Labor.
1.6.8.5 Removing Employees for Misconduct or Security Reasons:
The Government may, at its sole discretion, direct the contractor to remove any contractor employee from U.S. Department of Labor facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required. The Contracting officer will provide the contractor with a written explanation to support any request to remove an employee.
1.6.8.6 Rules of Behavior for Computer Use:
The Contractor shall comply with the Computer Security Act of 1987. All products and deliverables developed for the government shall comply with the DOL SDLCM standards, DOL Computer Security guidelines and the guidelines contained in OMB Circular A-130. All Contract staff working in DOL office space and/or using the DOL LAN/WAN and computer systems to perform duties under this contract will agree to and sign the DOL Rules of Behavior for Computer Use and a Non-disclosure Agreement. A copy of each signed and witnessed non-disclosure agreement shall be submitted to the COR prior to the employee performing any work under the contract.
1.6.8.7 IT Systems Security:
Contractor staffs are required to conform to DOL’s information technology and applicable personnel security and privacy requirements. The contractor agrees to comply with the IT system security and/or privacy specifications set forth in the Performance Work Statement, the Computer Security Act of 1987 Office of Management and Budget (OMB) Circular A-130 is, Appendix III, “Security of Federal Automated Information Systems,” and the DOL Computer Systems Security handbook (Release 2.0, dated April 2004). The Contractor further agrees to include this provision in any subcontract awarded pursuant to this prime contract. NOTE: OMB Circular A-130 is accessible via web site http://www.whitehouse.gov/sites/default/files/omb/assets/omb/circulars/a130/a130trans4.pdf
1.6.9 Special Qualifications:
The Government requires that all food service employees have a certified food hander’s card as required by the Raleigh County Health Department.
1.6.10 Post Award Conference/Periodic Progress Meetings:
The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The CO, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings, the CO will apprise the contractor of how the government views the contractor's performance and the contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.
1.6.11 Contracting Officer Representative (COR):
The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the contract.
1.6.12 Key Personnel:
Key personnel designated are contractor personnel assigned to key positions or labor categories that are essential to the work performed herein. The CO will designate or replace Key Personnel, as appropriate.
DOL has determined that continuity through the retention of highly qualified contractor personnel is a major factor for success in achieving high quality products and efficient performance. If it becomes necessary for the vendor to replace Key Personnel after designation, the vendor shall provide to the CO and the COR a written evaluation of the impact on the progress and continuity of the relevant work that might result by replacing these personnel. The vendor shall submit the names and resumes of replacement personnel to the CO and the COR for review not later than two calendar weeks prior to their replacement, or as soon as known. All replacement personnel must possess qualifications equal to or higher than the qualifications of the person replaced. The CO and COR will evaluate the requests to ensure the potential candidate meets or exceeds the qualifications for the position. Once the resume for key personnel is reviewed, the vendor must have said personnel on board as soon as the security clearance is finalized (generally 2-3 weeks).
The follow personnel are considered key personnel by the government:
Project Manager:
The Contractor is required to provide a professional, full-time, qualified food service person to act as the project manager of the food service facility. The manager’s resume will be reviewed by the Government to ensure the required qualifications are met. The Contractor's manager will be delegated the authority, and shall be able to effectively manage the day-to-day operation of the food service relative to supervision of personnel and training, execution of the Contractor’s quote, menu planning, purchasing, cost control, sanitation, and customer satisfaction, etc. The manager/alternate must be onsite when the food service is open for the entirety of the contract. The manager shall notify the COR, via e-mail, of alternate in charge (scheduled or unscheduled).
1.6.12.1 Replacement of Personnel:
The DOL MSHA reserves the right to revoke access to its facilities or property of any individual, where such access is no longer clearly consistent with the DOL MSHA mission and responsibilities, and the Contractor agrees to immediately remove that individual from the jobsite in such circumstances. In cases of access revocation, the Program Office will inform the individual of the basis of the revocation, unless to do so would reveal classified or sensitive information, and give the individual an opportunity to explain, rebut or refute such basis in writing. Access will remain revoked pending prompt review of any such submission by the individual. The DOL MSHA shall have and exercise full and complete control over granting, denying, withholding or terminating access for contract individuals. Should the contractor receive information regarding an employee which may affect the access of that employee to a DOL MSHA facility, e.g., knowledge of arrests, felony conviction, misdemeanor conviction, use of or addiction to drugs and/or chemicals, abuse of alcohol, indebtedness, a change in or treatment of mental health, or any behavior, activities, or associations which tend to show that the individual is not reliable or trustworthy, etc., the Contractor shall advise the DOL MSHA immediately.
A representative of the Contractor (i.e. the District Manager), other than the above manager, shall visit the facility periodically. A representative of executive status (e.g. a Vice President) shall be required to visit the facilities to adjust significant matters requiring attention upon 48-hour notice from the Government.
1.6.12.2 Key Personnel Qualifications:
Project Manager:
The Project Manager must possess the following qualifications:
(1) A minimum of 3 years restaurant management experience
(2) Ability to obtain and maintain a food handler certification card.
(3) Working knowledge of general restaurant operations, including personnel management, food planning and preparation, purchasing, sanitation and health codes, and security
(4) Excellent interpersonal skills with a focus on customer service
1.6.13 Identification of Contractor Employees:
At all times while on duty, the Contractor's employees shall wear a distinctive professional looking uniform that displays the company logo, wear a hair net and or other suitable head covering, appropriate use of gloves while handling food, and a legible ID name badge as a means of identification while they are in the building.
1.6.14 Organizational Conflict of Interest:
Contractor and subcontractor personnel performing work under this contract action may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI), as defined in FAR Subpart 9.5. The contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.
1.6.15 Phase In/Phase Out Period
(If applicable): To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the contractor shall have personnel on board during the [Insert the time period, i.e., sixty (60) day, thirty (30) day, etc.] phase in/phase out periods. During the phase in period, the contractor shall become familiar with performance requirements in order to commence full performance of services on the contract action start date.
1.6.15 Rights and Responsibilities of the Government:
A. Approval.
Subject to the detailed provisions stated in this Performance Work Statement, Contractor operations shall be subject to the review and approval of the CO or their designated representative. Any specified task requested of the Contractor shall be identified within Part 5.
B. Public Space.
The Government reserves the right to use dining areas and other public spaces at other than serving periods for meetings of Government employees or other assemblies.
C. Restrictions I. Patronage. Since the facilities to be provided hereunder are for the benefit and conveniences of residential students and Federal employees, patronage from other sources may be regulated by the Government.
II. 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.
III. Equipment. Unless otherwise permitted by the CO or the COR, the Contractor shall not install and/or operate any automatic vending equipment other than that specified or remove any Government-owned equipment from the premises.
PART 2 DEFINITIONS & ACRONYMS
| 2. | DEFINITIONS AND ACRONYMS: |
| 2.1. | DEFINITIONS: |
| 2.1.1. | CONTRACTOR: |
A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime. The prime Contractor shall ensure that the subcontractors comply with the terms and conditions of this contract.
2.1.2. CONTRACTING OFFICER:
A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.
2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR):
An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.
2.1.4. DEFECTIVE SERVICE:
A service output that does not meet the standard of performance associated with the Performance Work Statement.
2.1.5. DELIVERABLE:
Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.
2.1.6. KEY PERSONNEL:
Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS.
2.1.7. PHYSICAL SECURITY:
Actions that prevent the loss or damage of Government property.
2.1.8. QUALITY ASSURANCE:
The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.
2.1.9. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP):
An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.
2.1.10. QUALITY CONTROL:
All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.
2.1.11. SUBCONTRACTOR:
One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.
| 2.2. | ACRONYMS: |
| ACOR | Alternate Contracting Officer's Representative |
| CFR | Code of Federal Regulations |
| CO | Contracting Officer |
| COR | Contracting Officer Representative |
| DOL | Department of Labor |
| FAR | Federal Acquisition Regulation |
| HSPD | Homeland Security Presidential Directive-12 |
| MSHA | Mine Safety and Health Administration |
| NMHSA | National Mine Health and Safety Academy located in Beaver, WV |
| OCI | Organizational Conflict of Interest |
| OMB | Office of Management and Budget |
| PIPO | Phase In/Phase Out |
| PIV | Personal Identity Verification |
| POC | Point of Contact |
| POP | Period of Performance |
| PRS | Performance Requirements Summary |
| PWS | Performance Work Statement |
| QA | Quality Assurance |
| QAP | Quality Assurance Program |
| QASP | Quality Assurance Surveillance Plan |
| QC | Quality Control |
| QCP | Quality Control Program |
TMS Total Maintenance System
PART 3 GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES
3.1 General:
The government will provide the facilities where the food service contract will be performed. All GFE provided by the government will be managed in accordance with DOL property management guidelines.
3.2 Equipment:
The Government will furnish for the Contractor's use, foodservice equipment listed in the attached Inventory of Food Service Equipment List.
For Contractor personnel performing work on Government premises, the Government will provide network connectivity.
3.3 Services:
3.3.1 Utilities:
All utilities in the facility will be available for the contractor’s use in performance of tasks outlined in this PWS. The Contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities.
3.3.2 Equipment Repairs:
The Government shall be responsible for the repair and the repair cost (material, parts, and labor) of Government-owned equipment.
The Contractor shall immediately report any potential need of repairs to Government-owned equipment or repairs to food service facility through written notification to COR by a work order. Work orders are submitted through the Government’s Total Maintenance System (TMS). The Government’s designated representative will make the decision to proceed with the repairs or a replacement of equipment. The Contractor will be responsible for all equipment repair costs or replacement costs due to improper use, vandalism or abuse by Contractor employees.
3.3.3 Floors:
The Government shall be responsible for cleaning and maintenance of dining room flooring/carpet when needed and through contracted timeframes.
3.3.4 Windows:
The Government shall be responsible for the cleaning of all windows (outside and inside thereof).
3.3.5 Rodent/Pest Control:
The Government will contract, pay for and maintain an effective foodservice related program for Rodent/Pest Control. The Contractor shall coordinate his efforts with the programs conducted by the building's management staff and/or building management pest control Contractor. The Contractor shall be responsible for advising the COR about any structural, sanitary, or procedural actions by the Government.
that would reduce food, water, harborage, or access used by pests. The Contractor must maintain a high sanitation standard to the satisfaction of the Government to help control and minimize rodent activities.
Failure to maintain high sanitation standards will result in the Contractor assuming all rodent/pest control costs.
3.3.6 Trash Removal:
The Government will contract and pay for trash removal and the trash container. The Contractor is responsible for transporting trash (material that cannot be recycled) to building trash container location.
Failure to maintain high sanitation standards will result in the Contractor assuming all trash removal costs.
Contractor is responsible for maintaining and emptying trash from dining room collection points during and after service.
3.3.7 Additional Cleaning:
The Government shall also be responsible for cleanings as follows: Annual High Cleaning of entire ceiling tiles, light cover diffusers behind the serving line, Biannual Exhaust System Cleaning of hoods, fire control, plumbing, and sensors
3.4 Facilities:
3.4.1 Government Furnished Space:
The Government 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 a cafeteria in the Academy as described herein and in connection therewith to prepare and sell food, nonalcoholic beverages and such other products as the Government may authorize.
3.4.2 Vending Machines:
The Government agrees to grant to the Contractor for the stipulated period, subject to the contract requirements and conditions herein, the right to manage and service all vending machines located in the Academy buildings as described herein and in connection therewith to sell snacks, nonalcoholic beverages and such other products as the Government may authorize. The Government determines the location of all snack and vending machines.
3.4.3 Student Store:
The Government agrees to grant to the Contractor for the stipulated period, subject to the contract requirements and conditions herein, the right to manage and stock the student store located in the main Academy building as described herein and in connection therewith to sell snacks, nonalcoholic beverages, sundries, souvenir merchandise, and such other products as the Government may authorize. Items for stock and sold will be presented to the CO or COR for prior approval.
3.4.4 Facilities access/alteration:
At the beginning of the contract period, the Government will provide space for operations under the contract, as set forth herein, as it may deem necessary or desirable. The Government will provide adequate ingress and egress, including a reasonable use of existing elevators, corridors, passageways, driveways, and loading platforms. The Government will, as it deems advisable, provide space heating, space lighting, ventilation, and the utilities. In addition, it will:
| a. | 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 or add services modules within the facility that is desired by the Government to meet customer requirements at the Government’s discretion. |
| b. | Maintain and repair building structure in areas assigned for the operator's use, including painting and redecoration, the maintenance of gas, water, steam, sewer (including all grease traps), electrical lines, ventilation (including duct work and fans), fire suppression systems, building electrical lighting fixtures (including re-lamping), walls, ceilings and repair of floors and floor coverings. The Contractor shall bear the expenses of repairs necessary because of negligence on the part of the Contractor or the Contractor's employees. |
| c. | 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 CO; provided, that equipment no longer needed for the contract operations may be withdrawn by the COR. The Government will replace equipment which it has provided, as it deems necessary. |
| 3.4.5 | Parking: |
Parking spaces are provided.
3.4.6 Liability:
The Government will be responsible for any damage or loss occasioned by facility loss of power, fire, accident, or otherwise to the Contractor's stored supplies, materials, or equipment. Any personal injury or physical damage to the building or equipment resulting from fire or other causes shall be reported to the Facility Manager, COR, or CO immediately.
3.4.7 Materials:
Special occasion items -linen, flowers, skirting and/or table decorations will be provided when required by the Government. Linen Laundry service shall be provided by the Government
PART 4 CONTRACTOR FURNISHED ITEMS AND SERVICES
4.1 General:
Except for those items specifically stated to be government furnished in Part 3, the contractor shall furnish all other items required to perform the services in this PWS. For Example:
The contractor shall provide all equipment for performance in accordance with the terms and conditions of the PWS.
4.2 Equipment:
All required equipment and utensils (sample list below) shall be provided by the Contractor who shall replace such equipment and utensils when necessary. Equipment and utensils provided by the Contractor shall be of a quality in keeping with that provided by the Government.
Sample items expected to be provided by Contractor:
Can Openers POS System Storage Containers Condiment Dispensers Napkin Dispensers Glassware Steam table pans Utensils and kitchenware Merchandising Equipment Safe Machines - office Scales, food preparation Menu boards, letters, price markers Sharpeners Silverware Trash receptacles Trays Plates/bowls/cups Napkins
All other kitchen small wares to meet contract requirements.
Station signage displayed when contractor is utilizing proprietary or regional brands.
The Contractor shall provide “Green” disposable products including products that are petroleum- free, contain post-consumer recycled content and processed chlorine free. All disposable products must be “compostable” and compatible with the recycling/compost system that will be or is in use within the building. The use of disposable products (including plates, cups, bowls etc.) constructed of Polystyrene Foam is prohibited.
The Contractor shall provide complete Point of Sale (POS) system to include the acceptance of patron’s use of credit and debit cards in an expeditious manner in the food service.
It is incumbent upon the Contractor to verify sizes and capabilities of Government-furnished dish, bowl, and mug dispensing equipment and to provide chinaware of appropriate size and weight to suit equipment. Also note type of self-bussing equipment in use, and dining tabletop sizes for trays.
Trash receptacles shall be of hard non-toxic plastic material. Single service compostable liners shall be used in conjunction with these receptacles. All trash containers will be provided with self-closing tops.
Contractor should maintain a physical inventory of all Contractor owned equipment on site. All Contractor owned equipment shall remain the property of the Contractor throughout the contract term.
All items provided by the Contractor shall be of good quality, suitable for the purpose of its intended use, and consistent with the quality of the various items provided by the Government and meeting current business and industry standards.
Contractor shall provide informational display boards at recycling/trash stations that will identify material and instruct customers to sort recyclable and/or compostable material from waste material.
4.3 Proprietary Marks:
DOL acknowledges that the names, logos, service marks, trademarks, trade dress, trade names, and patents, whether or not registered, of Contractor are proprietary to the Contractor, and its affiliated and parent companies, and will not use the marks for any purpose except as expressly permitted in writing by the Contractor.
4.4. Business Licenses, Taxes & Assessments:
The Contractor shall pay all Federal, State, City, and other taxes or assessments in connection with the operation and performance of the services. The Contractor shall keep current and pay all licenses and permit fees in connection with Services including employers’ liability coverage.
4.5. Payment of Postage and Fees:
The Contractor shall pay all postage and fees relating to contractual information, forms, reports, etc. mailed to the Government.
4.6 Marking:
All information submitted to the Contracting Officer, or the Contracting Officer’s Representative, shall clearly indicate the contract number for which the information is being submitted.
PART 5 SPECIFIC TASKS
5.1 Basic Services:
The Contractor shall provide prompt, efficient, and courteous service, and avoid undue interference with the operation of the building in which services are provided. The Contractor shall employ sufficient and suitable personnel to support this contract, secure and maintain insurance, maintain records, submit reports, and observe other contract requirements, as more specifically set forth herein. The Contractor shall pay all fees, expenses, or other charges incident to or resulting from operations under the contract as more specifically set forth herein.
Contractor shall meet monthly or as needed with the COR and designated tenant Agency representatives to discuss mutual objectives, including but not limited to service levels, wellness, sustainability menus and marketing programs. Contractor will be responsible for compliance with Section 508 (29 USC 794(d)) for any submissions for mass emails or websites.
The Academy’s Student Services Branch will furnish the Contractor with a 3-week planned student enrollment figure. The Government shall not be held responsible for any variation from this employee and/or student population figure since the extent of occupancy is not guaranteed.
Contractor will be responsible for scheduling a dietician/nutritionist to attend new student orientations, as requested by the CO or COR, to provide an overview of food services and healthy eating habits. Dietician/nutritionist will conduct a 6-week review.
Patrons shall be encouraged to remove trays, containers, and utensils from tables to tray/collection carts, and/or the trash/recycle stations that will be strategically located in the dining area. The Contractor will provide busing service during service hours to remove any remaining soiled trays, containers and utensils and assure that tables and chairs are kept clean throughout the meal service periods. Contractor is responsible for maintaining and emptying trash from dining room collection points during and after service.
The contractor shall serve catering functions, other than student meals, including coffee break items and graduation cakes upon written request of the COR or CO. These special meals or special events may include ethnic foods for international guests.
The contractor shall be responsible for the preparation of special events by using linen, flowers, and/or table decorations provided by the Government. The contractor shall provide seasonal decorations on the serving line and in the dining area for national holidays and other occasions as requested by the Government.
Tablecloths and linen napkins will be provided by the Government and shall be used when requested. Linen Laundry service shall be provided by the Government. The contractor shall skirt tables (Government will provide skirting) and provide water (pitchers and glasses) when requested. The contractor shall arrange and/or rearrange furniture in the dining area to accommodate events.
There also may be occasions when students and/or Government staff or other contractors are stranded at (or relocated to during a COOP situation) the Academy complex for an indeterminate length of time due to inclement weather conditions, flood, or other emergencies. The Contractor shall maintain an inventory sufficient to provide food service for 200 persons at 3 meals a day for 7 days to meet such contingencies. When inclement weather exists, selected food service personnel (selected by the contractor) shall be accommodated in the residence hall. Therefore, food service will be available for students, staff, etc.
5.2 Personnel and Supervision:
The Contractor shall employ sufficient professional personnel to maintain sanitary conditions and satisfactory service which will ensure prompt and efficient service. All employees must be sober, conscientious, neat, and courteous.
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