QUM18-H-2008.pdf

QUM18‐H‐2008 Page 1 of 85

REVENUE GENERATING CONTRACT

UNITED STATES MARINE CORPS

Marine Corps Community Services (MCCS) Nonappropriated Funds

SOLICITATION, OFFER AND AWARD

1. CONTRACT NUMBER

2. SOLICITATION NUMBER

R‐0002

3. DATE ISSUED

4. PURCHASE REQUEST NUMBER

18‐0201

5. ISSUED BY

REGIONAL PROCUREMENT OFFICE‐NATIONAL CAPITAL REGION

2034 Barnett Avenue, 2nd Deck, PO Box 1397, Quantico, VA, 22134, USA

6. ADMINISTRATION OFFICE ADDRESS (If other than block 5)

SOLICITATION

7. Following the instructions in Section L, send sealed offers for receipt no later than December 21, 2018 5:00 pm, local time per the location in Block 5. All offers are subject to all terms and conditions contained in this solicitation.

8. For information contact the Contract Specialist: Brianne Lawler mccs.org‐Brianne.Lawler@usmc, , (703) 784‐5694.

TABLE OF CONTENTS

9. Sections marked with an “X” are incorporated.

(X) SEC DESCRIPTION PAGE # (X) SEC DESCRIPTION PAGE #

PART I–THE SCHEDULE PART II–CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES

B PRICE AND FEE SCHEDULE PART III–LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACH

C STATEMENT OF WORK J LIST OF ATTACHMENTS

D PACKAGING AND MARKING PART IV–REPRESENTATIONS AND CERTIFICATIONS

E INSPECTION AND ACCEPTANCE K

REPRESENTATIONS, CERTIFICATIONS,

AND OTHER STATEMENTS OF OFFERORS

F DELIVERABLES OR PERFORMANCE

L

INSTRUCTIONS, CONDITIONS, AND

NOTICES TO OFFERORS

G CONTRACT ADMINISTRATION DATA

M EVALUATION FACTORS FOR AWARD

H SPECIAL CONTRACT REQUIREMENTS

OFFER

10. The offeror agrees, if awarded all or part of the items and/or services solicited, to furnish them according to the price(s)/fee(s), terms and conditions contained in the solicitation and offer. This offer will be valid until _________ calendar days (60 calendar days unless a different period is entered by offeror) after the established date for receipt of offers.

11. ACKNOWLEDGEMENT OF AMENDMENTS (Offeror acknowledges receipt of amendments to the Solicitation for offerors and related documents numbered and dated).

AMENDMENT NUMBER DATE AMENDMENT NUMBER DATE

12. OFFEROR’S NAME AND ADDRESS (Street, City, State & Zip

Code)

CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM ABOVE,

AND ENTER THE ADDRESS IN SECTION B OF THE SCHEDULE.

13. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or Print)

14. PHONE NUMBER & EMAIL ADDRESS 15. SIGNATURE/DATE

AWARD (To be completed by MCCS)

16. ACCEPTED AS TO ITEMS NUMBERED 17. AMOUNT

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18. SUBMIT INVOICES TO

SSCFINANCE ‐ MCCS SHARED SERVICES CENTER

2306 E. BANNISTER ROAD

KANSAS CITY, MO 64131

EMAIL: SSC.ACCOUNTSPAY@USMC‐MCCS.ORG

19. ACCOUNTING DATA

QUM‐5511‐01‐6720‐UFM‐000

20. NAME OF CONTRACTING OFFICER

Tyanna Villarreal

21. SIGNATURE OF CONTRACTING OFFICER / DATE

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B. SECTION B: SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 OBJECTIVE (ACNA 0003 MAY 2016)

The Business and Support Services Division (MR), Headquarters, United States Marine Corps, and/or Marine Corps Community Services is soliciting proposals for award of a negotiated fixed-price indefinite quantities contract for a Massage Therapy operation on the premises of Marine Corps installation(s) as identified in this contract.

B.2 BACKGROUND – MR AND MCCS (ACNA 0002-A MAY 2016)

a. The Business and Support Services Division (MR), Headquarters, United States Marine Corps, Quantico, Virginia, under the staff cognizance of the Deputy Commandant for Manpower and Reserve Affairs, is responsible for providing policy, plans, resources, and support to Marine Corps Community Services (MCCS) activities. MCCS provides commanders with an integrated organization for the development and delivery of Quality of Life programs and services. MCCS operates family, fitness and recreation, exchange and business, services and other Quality of Life programs and services for Marines and their families. The administration, management and operation of local MCCS activities are the responsibility of each installation commander.

b. MCCS activities are operated on Marine Corps installations on the east and west coasts of the United States; Hawaii; Iwakuni, Japan; and Okinawa, Japan.

c. MCCS activities are Nonappropriated Fund Instrumentalities of the Federal government, and are therefore subject to directives issued by the Department of Defense, the Secretary of the Navy, and the Commandant of the Marine Corps. The MCCS system generates over one billion dollars in sales per year from a wide variety of business operations. Earnings from its major revenue generators are used to help fund non-revenue generating MCCS programs. Additional information is available at www.usmc-mccs.org.

B.3 FEE SCHEDULE (REV GEN) (ACNB 0005-B DEC 2015)

a. For the right to offer the services on USMC installations, the Contractor shall pay MCCS a commission fee. Such commission fee will be a percentage of Contractor’s total adjusted gross sales.

b. Contractor’s commission fee to be paid to MCCS, per the terms in Section F, is as follows:

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(1) Monthly Commission Fee %:

Base Option

Year 1 Option Year 2

Option Year 3

Option Year 4

30 Minute Session 1 Hour Session

1.5 Hour Session

Five 30 Min Sessions Five each, 1 hour sessions, paid in advance

(2) Price of Sessions:

Base Option

Year 1 Option Year 2

Option Year 3

Option Year 4

30 Minute Session 1 Hour Session

1.5 Hour Session

Five each, 30 Minute Sessions, paid in

Five each, 1 Hour Sessions, paid in

“Total adjusted Gross Sales” are defined to be gross sales minus (i) credits and refunds provided to customers, and (ii) all applicable taxes;

provided however, the following items will not be included in “gross sales” (x) the sale (but not the redemption) of gift cards, (y) service fees or rental fees charged by Contractor to its Franchisee, and (z) proceeds from the sale of capital assets or expendables. Further, where coupons, two for ones, or other discount promotions are used, only the actual sales price paid to Contractor or its Franchisee will be used to calculate total adjusted gross sales.

B.4 SALES AND OPERATION DATA – CONCESSION (ACNA 0022 JAN 2015)

a. MCCS makes no representation or warranty the Contractor will experience any level of sales. The Contractor may experience significantly higher or lower sales due to influx, deployment, transfer and/or attrition of military personnel, market/industry anomalies, season variations, demographic fluctuations, weather, consumer preferences, and other factors beyond the control of MCCS and contractor performance.

b. MCCS and the Government will not be liable for any costs that the Contractor will incur by entering into this contract or by fulfilling the obligations of this contract.

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B.5 CONTRACTOR INFORMATION (ACNB 0018)

Enter Company Name, address, DUNS number or Fed tax number, point of contact(s), phone and fax numbers and email below:

Company Name:

Address:

Point of Contact (Name and Title):

Phone:

Email:

Fax:

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C. SECTION C: DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 STATEMENT OF WORK (ACNC 0012)

C.2 Specifications and Requirements. The Contractor shall provide massage therapy services on an appointment only bases at the Barber Physical Activity Center, 2073 Barnett Ave., Marine Corps Base, Quantico, VA 22134.

a. The Contractor shall provide the following sessions:

(1) 30 Minute Session

(2) 1 Hour Session

(3) 1.5 Hour Session

(4) Five 30 Minute Sessions

(5) Five 1 Hour Sessions

b. The Contractor shall meet or exceed the requirements listed below:

(1) CPR Certified

(2) 2 Years of Experience

(3) Maintain current Massage Therapy license from accredited agency licensed to practice in the State of Virginia

(4) Maintain liability insurance

c. The Contractor must be able to provide the following style of Massage Therapy:

(1) Swedish/Stress Reduction Massage

(2) Deep Tissue Massage

(3) Sports Massage

(4) Pre-Natal Massage

(5) On-site seated/corporate chair massages

(6) Craniosacral Therapy

C.3 SANITATION AND HYGIENE – CONCESSION (ACNC 0551-A DEC 2015)

Contractor personnel are prohibited from smoking, eating and drinking in the work areas. Eating and drinking will be confined to designated employee break areas only. The Contractor personnel must adhere to the current Installation Smoking Policies which identifies the designated smoking areas. The Contractor employees must also adhere to SECNAV INSTRUCTION 5100.13E, NAVY AND MARINE CORPS TOBACCO POLICY, specifically section 6.3.(6), which requires that “the distance from building entry/egress which tobacco users must maintain must be at least 50 feet

QUM18‐H‐2008 Page 7 of 85 from any building entrance”. The local COR will provide the Contractor with the current Smoking Policies and any updates as they are issued.

C.4 EQUIPMENT FURNITURE AND FIXTURES (ACNC 0552 SEP 2015)

a. Except as otherwise provided by MR or MCCS, the Contractor shall provide, install and maintain any equipment, furniture and fixtures necessary to provide the services consistent with the brand standards required by this contract.

b. All Contractor-supplied equipment shall be National Sanitation Foundation (“NSF”) and Underwriter Laboratories (“UL”) approved, shall comply with the performance standards, and be compatible with that equipment normally provided in the Contractor’s similar commercial operations. The Contractor shall not install equipment that exceeds twelve (12) months of age.

c. At the time of expiration or termination of this contract, the Contractor shall promptly remove all of its removable property, fixtures, machinery, equipment, signs and all property or equipment (removable or not) that is trademarked or proprietary to Contractor (collectively, “Contractor Property”), at its own expense. Removable or severable equipment is defined as that which can be removed without causing material damage to the space or facility. Contractor shall exercise due care in removing its property to prevent any damage to Government property.

Government property damaged by the Contractor while removing Contractor Property shall be repaired or replaced at Contractor expense. Any buildings or structural improvements left on a Site by Contractor at the expiration or termination of this Contract are “as is, where is” without warranty; provided however, MR/MCCS may require Contractor to raze any such buildings or structural improvements required to be left on a Site under this Contract by notifying Contractor not less than ninety (90) days prior to the end of the contract term. If the Contractor fails to remove its property and equipment within fifteen (15) days after the expiration or termination of this contract, the MR or MCCS may use or dispose of such property and equipment, including removal and storage of said property, and charge the Contractor for any expenses incurred for removal and storage; provided however, MR or MCCS may not use of dispose of any trademarked or proprietary equipment of Contractor in any event.

C.5 ADVERSE BUSINESS IMPACT (ACNC 0557 SEP 2015)

a. Except as otherwise provided in this contract, neither MR/MCCS nor the U.S. Government shall be liable to the Contractor for termination of this contract, or any costs incurred or revenue lost due to any business interruptions, reduced business activity, sovereign acts, or any other causes, including but not limited to: (i) disruption of utilities, (ii) changes in access routes, (iii) changes in safety/security processes, (iv) reductions in personnel in the area, and/or (v) closure/reorganization of

QUM18‐H‐2008 Page 8 of 85 installations, whether or not beyond the control, fault, or negligence of the MR/MCCS or the U.S. Government, without limitation.

b. MR/MCCS and the U.S. Government make no warranty or guaranty against sovereign acts. For acts that involve reorganization or closing of installations after award of this contract, but prior to commencement of Contractor operations on the installation, Site development shall cease and the operation shall not open for business unless mutually agreed upon by the contracting officer and the Contractor (subject to approval by other Government official(s) as may be required).

C.6 PLACE OF PERFORMANCE AND HOURS OF OPERATION (ACNC 0009-A-JAN 2015)

The Contractor shall provide services on an appointment only basis at the following locations during the stated days and hours of operation:

Barber Physical Activity Center 2073 Barnett Ave.

Quantico, VA 22134

a. The Contractor will set up his/her equipment and items necessary to provide the service on the agreed upon date and at the time requested by the MCCS patrons.

b. The Contractor shall be available to accommodate a variety of schedules for patrons both during the day and during the evening. Normal operation hours of Barber Physical Activity Center are as follows:

Monday – Friday 4:00 am – 9:00 pm Saturday 8:00 am – 5:00 pm Sunday 9:00 am – 5:00 pm

C.7 CONTRACTOR'S RESPONSIBILITIES (ACNC 0306 DEC 2014)

a. Display pricing in brochures that are easily understood by MCCS patrons at the Massage Therapy site.

b. The Price List for services shall not include VA state sales tax.

VA state sales tax shall be identified and charged separately to the patrons. The signs stating that applicable VA state sales tax will be added to the posted sell prices, shall be posted on or next to the price list.

c. All sales shall be rung up at an MCCS point of sale register by MCCS personnel at the time payments are made by the customers.

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d. Participate/conduct special promotional events at reduced prices and for periods of time as mutually agreed upon between the Contractor and the Contracting Officer’s Representative (COR).

Fliers, premiums, signage and other usual publicity/advertising vehicles are authorized to be developed and used by the Contract, with approval of the COR in conjunctions with MCCS Marketing.

e. An identifying sign with a logo can be installed, subject to approval of the COR and MCCS Marketing.

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D. SECTION D: PACKAGING AND MARKING

D.1 ACTIVITY (ACND 0001 SEP 2015)

a. MCCS grants the Contractor the right to operate the concession identified in this contract aboard the participating locations identified in Section J, the Site delivery order, or modification. The assignment of space(s) is a revocable license. Nothing in this agreement creates a tenancy, leasehold, or other interest on the part of the Contractor in any premises or real estate owned by or under the jurisdiction of the U.S.

Government, the Department of Defense, the Department of the Navy, or any subdivision or instrumentality thereof.

b. Except as otherwise specifically stated throughout this contract, when contract ends, whether by termination, revocation, or upon expiration, title to buildings, improvements, property and materials shall automatically vest in the government; however, the Contractor shall remove any Contractor-owned equipment and materials. Where the Contracting Officer so directs, Contractor shall restore the premises to its original condition and shall be at no cost to the government.

c. MCCS makes no warranty or representation, express or implied, that products or services are free of competition on the military installation.

MCCS will not be liable for any income losses of the Contractor attributed to competition.

d. If premises furnished by or through MCCS are destroyed either in whole or in substantial part, so as to significantly hinder or prevent normal operations by Contractor, by acts of God (such as, but not limited to, fire, flood, hurricane, and unusually severe weather conditions or unusual occurrence, MCCS and the government will not be responsible to Contractor for lost income, sales, or lost profits, damage to Contractor property, employees’ salaries, or any consequential costs incurred. MCCS shall however make every reasonable effort to repair/restore the premises or relocate Contractor, if practical. Contractor should consider obtaining business insurance to cover risks to its property and operation service.

e. During the contract period, the Contracting Officer may require the Contractor to relocate the operation at Contractor’s expense to better meet MCCS or those needs of the installation, as determined by the Contracting Officer. Contractor will be given advance notice as available. MCCS will pay for moving and installing MCCS furnished equipment and fixtures (if feasible and cost effective) and hooking up of utility lines. MCCS and the government will not be liable for Contractor’s lost income, profit and/or salaries associated with relocating.

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D.2 FACILITIES AND MAINTENANCE – CONCESSION (ACND 0002-B DEC 2015)

a. Contractor Maintenance Responsibilities:

(1) The Contractor shall keep their area clean and orderly and shall perform regular housekeeping of the same to the satisfaction of MCCS. Trash must be disposed of on a daily basis. MCCS and Environmental Agencies will conduct periodic inspections of the facility to ensure compliance with State, Federal, and Installation Environmental Policies.

The Contractor shall employ Best Management Practices to satisfy all Government Agency Environmental Requirements. All facilities, including Contractor’s property, will be subject to inspection by the Installation Safety Officer and the Installation Fire Marshal for fire and safety hazards. The Contractor shall comply with Installation Fire and Safety Regulations. The Installation Sanitation Officer and/or authorized personnel of the MCCS Services Department will conduct periodic inspections of the facility for compliance with the Installation Sanitation Regulations. The Contractor shall comply with all MCCS Orders and Installation Regulations regarding Sanitation.

(2) Contractor will be responsible for all required maintenance, of Contractor owned equipment.

(3) Contractor will not make modifications to or alter the facility’s structural, electrical, and/or mechanical integrity without first receiving written approval from the Contracting Officer.

Improvements which alter and/or enhance the appearance of the facility (i.e., painting, carpeting, graphics, landscaping, etc.) must also receive written approval by the Contracting Officer. All costs to make Contractor-requested modifications or improvements to a site location to accommodate Contractor’s operation shall be at the Contractor’s expense, unless otherwise agreed upon in writing and in advance by the Contracting Officer. Plans for improvements to be made are to be submitted to the Contracting Officer for approval. All materials and workmanship is subject to acceptance and inspection by MCCS and Installation Facilities Management authority.

(4) Neither MCCS nor the government will assume any liability for Contractor’s costs or losses resulting from modifications, improvements, repairs or maintenance to the facility.

b. Contractor will promptly report failures or unsafe conditions to the Contracting Officer as it pertains to the facility in which the Contractor’s equipment is located, and as it may affect Contractor’s equipment.

c. MCCS may inspect the Contractor operation at any time. The Contracting Officer or COR will advise the contractor of the results of such inspections. The Contractor shall take timely and appropriate action to resolve any noted deficiencies or problems.

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d. Loss, damage or destruction to MCCS or government facilities brought about by acts or omissions of Contractor, his employees or agents are the responsibility of the Contractor who shall assume all costs associated with such.

e. MCCS shall notify Contractor, to the extent possible, of any scheduled or unscheduled maintenance, repairs and improvements to be performed by MCCS or Installation Facilities Management, which may impact Contractor’s operation. MCCS and the government will not be responsible to Contractor for any interruption in Contractor’s operation, lost income, sales, or lost profits, to include employee salaries, or any other costs incurred.

f. For the purposes of safety, security, and unforeseen emergencies, MCCS shall be given an access key to Contractor’s premises for retention in the MCCS Master Key File. The Contracting Officer shall only make entrance to Contractor’s facility during not-operational hours in the presence of Contractor’s management or representative. If Contractor is unable to respond in a timely manner, the Contracting Officer retains the right to make entrance to Contractor’s facility without the presence of Contractor’s management or representative. Should this occur, the Contracting Officer will, not later than the next business day, notify Contractor that such access was made, the purpose for the access, and the nature of the emergency.

D.3 PROPERTY AND MAINTENANCE – CONCESSION (ACND 0003-A DEC 2015)

For the purpose of this contract, the term “property” unless otherwise stated, shall include equipment, vehicles, appliances, fixtures, furniture, machines, and other such items affixed or unaffixed to the building. All Contractor-furnished property is subject to approval of the Contracting Officer. All electrical equipment will carry the Underwriter’s Laboratories (UL) Seal of Approval. Unless otherwise designated in Section J, the Site Delivery Order or modification, MCCS will provide the operational space to the Contractor that is empty and without trade fixtures or furniture.

a. Contractor shall operate this operation utilizing its own property to fulfill the obligations of this contract.

b. Contractor will be responsible for all repair and replacement costs of Contractor-owned property resulting from theft, break-in, and vandalism. When damage or theft is realized, Contractor should immediately notify the Contracting Officer and the Installation Provost Marshal. Contractor may, when practical, file a claim for damages against the responsible party(ies). Submission of the claim should be made to the Contracting Officer. Payment of the claim by the responsible party(ies) is not guaranteed. Contractor should consider obtaining business insurance to cover risks associated.

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c. Loss, destruction or damage to MCCS and government-owned or Contractor-owned property brought about by acts or omissions of Contractor, his employees or agents are the responsibility of the Contractor; therefore, Contractor shall assume all associated repair and replacement costs.

d. All repairs and/or replacement of MCCS and government-owned property shall be paid by the Contractor and deemed an operating expense of the Contractor and at the expiration of this contract shall remain the sole property of MCCS.

e. Final accounting and return of Government property. Upon contract expiration or termination, or at such earlier dates as may be fixed by the Contracting Officer, the Contractor shall submit, in a form acceptable to the Contracting Officer, inventory schedules covering all items of Government property.

f. Vehicles. Contractor’s vehicles shall meet and comply with applicable vehicle safety, licensing, insurance and health requirements as required by federal, state, local and Installation Regulations.

D.4 GOVERNMENT FURNISHED PROPERTY OR SUPPORT (ACND 0019 JAN 2015)

a. The Government has no obligation to provide any property or support other than that specified in this contract. Any government equipment made available to the Contractor for optional use provided in local facilities will be identified in a local memorandum, inventoried and agreed upon between the local COR and the Contractor. No warranties are expressed or implied as to the suitability of either the Government facilities or any existing equipment.

b. Final accounting and return of Government property. Upon contract expiration or termination, or at such earlier dates as may be fixed by the local COR, the Contractor shall submit, in a form acceptable to the local COR, inventory schedules and maintenance records covering all items of Government property.

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E. SECTION E: INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE (ACNE 0001 JAN 2015)

a. The Contractor will be responsible for the professional quality, technical accuracy, and the coordination with the Contracting Officer or designee of all services furnished by the Contractor under this contract.

The Contractor will, without additional compensation, correct or revise any errors or deficiencies.

b. The Contracting Officer or designee may conduct inspections and accompany Contractor personnel as may be considered necessary to insure compliance by the Contractor with all provisions of this contract.

c. On-site cash, service and product verifications may be performed by authorized MCCS personnel at any time without prior notice. Such verifications will be conducted in the immediate presence of Contractor’s management or representative.

d. Contractor areas are subject to routine and special inspections without notice and shall meet all Preventative Medicine, Fire, Safety, Environmental, and other inspection requirements. Should such inspections reveal discrepancies, Contractor shall, within five (5) business days, unless instructed sooner, furnish the Contracting Officer with a written response detailing the actions taken, actions to be taken, and/or recommendations to remedy the discrepancies.

e. Neither MCCS’ review, approval or acceptance of any of the services required under this contract will be construed to operate as a waiver of any rights under this contract, and the Contractor will be and remain liable to MCCS according to applicable laws for all damages to MCCS caused by the Contractor’s negligent performance or non-performance of any of the services furnished under this contract.

E.2 SURVEILLANCE (ACNE 0006)

a. MCCS may perform surveillance to verify Contractor and Contractor’s employees’ compliance with the contract terms and to detect theft funds or property. Such surveillance may include the use of electronic equipment. Contractor will inform employees that such surveillance may be conducted and that individuals implicated in criminal activity may be prosecuted in Federal courts.

b. Contractor is liable and will pay MCCS for losses under this contract detected by surveillance. In the event of losses detected by surveillance, the Contractor will be liable for liquidated damages and related administrative costs under this contract computed as may be determined by Contracting Officer.

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F. SECTION F: DELIVERABLES AND PERFORMANCE

F.1 PERFORMANCE - CONCESSION (ACNF 0003-B JUL 2018)

The measures of success for this contract will be the Contractor’s ability to maintain a high standard of quality, acceptable speed of service, maintain market pricing, comply with cleanliness standards, comply with installation requirements (including security and conduct), and submit concession fees and reports timely. Surveillance conducted by the COR(s) will be used to monitor Contractor performance and will include regular communications with the Contractor or the Contractor’s designated representatives. In-process reviews will be conducted to ensure the Contracting Officer is apprised of the execution of this contract.

F.2 AUTHORIZED PATRONS (ACNF 0005 APR 2012)

Authorized patrons are those eligible to participate in MWR programs as listed in MCO P1700.27A (excerpt at Appendix D) which is available at http://www.marines.mil/News/Publications/ELECTRONICLIBRARY.aspx.

F.3 CONTRACTOR AND CONTRACTOR PERSONNEL (ACNF 0006 SEP 2016)

a. Contractor, at his own expense, shall provide a sufficient number of trained and qualified employees for the efficient performance of this contract. Contractor shall provide continued training as trends and procedural changes in Contractor’s operation occur.

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

c. If requested by MCCS, the Contractor shall, at his own expense and on the dates and times determined by MCCS, make its employees available for any applicable training which may be required by Installation and MCCS regulations (not to exceed eight hours per employee per calendar year).

d. Contractor personnel shall give prompt and courteous service to customers, MCCS, and Installation personnel.

e. Contractor personnel shall abide by applicable regulations, and directives, and conduct themselves, so as not to reflect discredit on

MCCS.

f. Contractor shall discontinue the use of any employee for performance of this contract upon written notice from the Contracting Officer that the individual is not (or no longer) acceptable for performance under this contract. Contractor shall not use any such employee in performance of other MCCS contracts without the prior consent of the Contracting Officer.

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g. Contractor shall not employ any individual under this contract who has previously been determined unacceptable for performance under any other MCCS contract or has been separated for cause by MCCS.

h. The Contractor shall provide adequate supervision of his employees to insure complete and satisfactory performance of work in accordance with the terms of the contract.

i. Contractor employees shall wear clean uniforms (if applicable), maintain a high degree of personal cleanliness while on duty aboard the Installation, and conform to sanitary hygienic practices. When uniforms are not required, Contractor personnel shall be authorized to wear attire typical of that worn by personnel employed in the same trade within the local community and as approved by the Contracting Officer. Contractor’s personnel shall wear nametags while on duty. Nametags shall either comply with franchisor standards, or if no such standards exist, shall be approved by the COR. Contractor shall submit artwork/examples of proposed nametags electronically for COR review and approval prior to implementation.

j. Contractor and his employees must meet the health, and security standards prescribed by the contract, and applicable regulations.

F.4 INSTALLATION ACCESS - CONCESSION (ACNF 0009-A SEP 2015)

The Contractor is responsible for its compliance with the requirements for installation access as stated below and as provided by the COR.

a. The Contractor is responsible for providing information required to obtain clearances, permits, passes, or security badges required for Contractor personnel or equipment access. This includes information required for police or background checks or investigations and all other requirements of the issuing activity.

b. The Contractor is responsible for ensuring such clearances, permits, passes, or security badges are promptly returned to the issuing activity upon termination of an employee, completion of a project, or termination of a contract.

c. Installation access requirements and procedures may change during the term of the agreement. The Contractor shall comply with all changes, and such compliance shall not be grounds for a request for an equitable adjustment or other agreement modification.

d. The installation Commanding Officer has broad authority to remove or exclude any person in fulfilling his responsibility to protect personnel and property, to maintain good order and discipline, and to ensure the successful and uninterrupted performance of the Marine Corps mission. In the exercise of this authority, the Commanding Officer may refuse to grant personal entry passes or may bar Contractor employees, QUM18‐H‐2008 Page 17 of 85 including employees who have been granted a personal entry pass. Refusal to grant an employee a personal entry pass or barment of an employee does not relieve the Contractor of the responsibility to continue performance under this contract.

e. The Contractor’s employees shall observe and comply with all installation rules and regulations applicable to contract personnel, including those applicable to the safe operation of vehicles, and shall not be present in locations not required for the proper performance of this contract.

f. Contractor personnel performing work under this contract shall be readily identifiable as an employee of the Contractor through the use of uniforms or nametags, or via an alternate method approved by the Contracting Officer.

g. Contractor personnel and equipment entering a military installation are subject to security checks. Contractor personnel shall follow any direction given by Military Police or other security or safety personnel.

F.5 CONTRACTOR’S MANAGEMENT RESPONSIBILITIES (ACNF 0008 Mar 2014)

a. The Contractor is responsible to MCCS for establishing effective management controls to achieve the standards of operation established in MCCS directives, or manuals, and elsewhere in this contract for exercising sound management practices. Failure of the Contractor to establish and maintain such effective controls shall constitute grounds for termination of this contract for default.

b. At no time shall the operation be without responsible management.

The manager or a designated representative shall be available during all hours of operation and accessible for emergencies and unforeseen circumstances outside of normal business hours. Such a person will be completely knowledgeable of the terms and conditions of this contract, and will be delegated full authority by the Contractor to conduct the business as required under the contract. Authority will include, but will not be limited to, purchase of operating supplies, maintenance and repair of equipment, training of employees, maintaining prescribed hours of operation, supervision of Contractor employees, and settlement of customer complaints or claims. The Contractor will provide the Contracting Officer, in writing, the name(s) and phone number(s) of those person(s) appointed as manager or representative, in addition to those person(s) who possess access keys to the operation.

c. Contractor shall provide the Contracting Officer, and keep current, a list of personnel employed by the Contractor in the performance of this contract. A revised list will be promptly submitted to the Contracting Officer when personnel changes take effect.

d. Contractor shall provide a bulletin board which shall be used to post applicable regulations, post evacuation/hose fire plans, and any

QUM18‐H‐2008 Page 18 of 85 other notices or information required by federal, state, or local regulations.

F.6 ADVERTISING AND PROMOTIONS (ACNF 0020-a JAN 2015)

a. As advertising and promotions are an integral part of this contract, the Contractor will be required to provide an advertising and promotional program. During the period of this contract, and any authorized renewal period, the Contractor agrees to participate in a minimum of two (2) MCCS promotional events per year. Promotional programs and events may be advertised by using Installation newspapers, electronic mail, social media forums, unofficial publications and media, and other promotional mechanisms as allowed by Department of Defense, U.S. Marine Corps, Marine Corps Installation and MCCS regulations. All promotional and advertising costs above the MCCS promotional events shall be borne by the Contractor unless otherwise agreed in writing by the Contracting Officer.

b. MCCS promotions may occur at the local level, involving only a single MCCS and the Contractor. These promotions will be mutually agreed to in writing between the HQ COR and the Contractor and submitted to the Contracting Officer to be accounted for in the contract file. The HQ COR will make all coordination between the local COR, the local Finance office and the Contractor. MCCS provided and supported coupons will be tracked, itemized on the monthly sales report and returned to the appropriate MCCS Finance office for reimbursement in accordance with Section F.

c. All advertisements and promotions will comply with contract clause

ACNI 0009.

F.7 SIGNS AND FORMS (ACNF 0026 SEP 2015)

a. All signs posted by Contractor are subject to approval by the COR, shall be professionally prepared, posted, and mounted, and shall be an expense borne by the Contractor; certificates and licenses will be attractively framed. Signs, which set forth MCCS installation, or Marine Corps policy, shall be provided by MCCS. The Contractor will be required to furnish and post the following signs:

(1) Exterior Identification of Operation (i.e., name, logo, trademark). Any replacement or repair of any exterior signage is the sole responsibility of the Contractor.

(2) Days and Hours of Operation

(3) Service and Price Board

(4) Satisfaction Guaranteed Policy

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(1) Business License, etc. (as applicable)

b. All signs other than franchisor mandated signs and location specific promotional material shall be subject to review and approval by the COR before being displayed.

c. Forms. Contractor shall provide all forms necessary for its operation. In the event of an inconsistency between the terms appears on the Contractor’s form and the terms of this contract, the terms of this contract shall control.

F.8 INTERNAL CONTROLS (ACNF 0027 JAN 2015)

Contractor is responsible to MCCS for establishing internal control procedures consistent with the terms of this contract, and with MCCS directives for complete, and accurate accounting of all transactions. All transactions will be maintained in accordance with the company’s standard finance procedures as long as they meet in accordance with the Generally Accepted Accounting Principles (GAAP), and as otherwise provided herein.

The Contractor’s finance system must provide for the accurate Finance and reporting of daily and monthly net sales, to include gross sales less refunded sales, to MCCS. The Contractor may be required to use serialized listing sheets or forms provided by MCCS for performing all or in part the finance service hereunder. In the event of any inconsistency between the terms appearing on the forms and terms, conditions or clauses of this contract, the clauses of this contract shall apply.

F.9 SALES TRANSACTIONS AND BOOKKEEPING (ACNF 0028 JAN 2015)

a. Sales Transactions and Bookkeeping.

(1) All sales shall be rung up on MCCS cash registers by MCCS personnel at the time payments are made by the customers. The Contractor is responsible to submit the invoice monthly to Accounts Payable, Finance Branch, PO Box 1396, Quantico, VA 22134.

(2) MCCS Employee will collect all monies and account for all units sold from operations resulting from this contract. All sales made will be recorded on non-resettable cash register/sales terminals. In the event of any inconsistency between the terms or provisions appearing on the Contractor's forms and the terms, conditions or provisions of this contract, the provisions of this contract shall apply.

(3) At a minimum MCCS will accept cash, checks, MasterCard, Visa, American Express, Discover as methods of payment.

(4) Cash overages and shortages will not be included in sales for the computation of commission due.

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(b) Payment will be made by MCCS by check or ACH to appropriate Finance Office as noted in Section J, the Site delivery order or modification. All due dates and time requirements will still be met regardless of payment method.

(6) The Contractor shall keep complete and accurate records of all customer sales.

F.10 REPORTING AND FEE PAYMENTS BY CONTRACTOR (ACNF 0029 SEP 2015)

To effect the timely processing of Contractor’s account, and to avoid delinquency and late penalty assessments on Contractor’s account, the Contractor will submit a monthly sales report due MCCS in accordance with the provisions below.

a. Monthly Sales Report. A sales reporting period is defined as a National Retail Federation (NRF) 4-5-4 month. Contractor will be required to submit a Monthly Sales Report, which discloses all sales, generated during the sales reporting period, by facility, by installation. Monthly sales reports are due into the local MCCS Finance Department, the local COR and the HQ COR (Electronic Mail is acceptable) on the 3rd day of the month following the sales reporting period. If the 3rd day of the month following the reporting period falls on a weekend or federal holiday, the monthly sales report is due no later than the following business day. The sales report shall disclose, at a minimum:

(1) total sales for the month

(2) miscellaneous monies due to MCCS; the local MCCS will provide the Contractor an invoice by the 3rd day of the month following the reporting period, of any miscellaneous fees due. If the 3rd day of the month following the reporting period falls on a weekend or federal holiday, the monthly miscellaneous money report is due no later than the following business day.

(3) Miscellaneous monies due to contractor; credited to monthly statement (i.e. Star Card sales less MCCS processing fee, MCCS provided and supported coupons and promotions, etc.).

b. The Barber Physical Fitness Center shall complete cash register reading reports and forward them with daily detailed cash register tapes, all refund/over-ring slips, and copies of daily commission payment receipts to the Contracting Officer’s Representative (COR) on a weekly basis for computation of commission fee purpose.

c. Payment by MCCS. All fees/monies, to include but not limited to Commission Fees and utility payments, owed MCCS for the sales reporting period shall be paid by the MCCS Finance Departments no later than the 30 days following the sales reporting period.

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MCCS Finance Department Addresses are provided in Section J, the Site Delivery Order, or Modification.

F.11 ANNUAL MENU AND PRICING SURVEYS (ACNF 0035 SEP 2015)

Each year, by the anniversary date of the concession opening, the Contractor shall prepare and submit a report showing a comparison of the concession menu assortment and pricing with the closest similar commercial operation in the local market (or other comparable operation, as agreed).

The purpose of the survey/report is to evidence that the concession is providing pricing to concession patrons in accordance with this contract.

The annual price survey should be submitted to the Headquarters COR and Local COR.

F.12 CONTRACTOR'S MAIL (ACNF 0031 JAN 2015)

The Department of Defense Postal Regulations authorize Military Post Offices to process only official mail that is sent to military personnel or authorized civilian personnel. Contractor is responsible for understanding the individual Installation regulations on mail and making arrangements accordingly.

F.13 CUSTOMER COMMENTS, COMPLAINTS AND CLAIMS (ACNF 0014 SEP 2015)

a. Contractor agrees to support MCCS’ Customer Comment Program also known as Interactive Customer Evaluation (ICE) and will allow MCCS to place an MCCS-provided Customer Comment card displayers and advertisements in highly visible location (s) inside the Contractor’s activity. MCCS will be responsible for providing Contractor’s management with the customer’s input. Contractor will respond to the respective COR within forty-eight (48) hours of customer’s input when applicable.

b. Contractor will adhere to MCCS’ policy of customer satisfaction guarantee. All customer complaints and claims will be resolved at Contractor’s expense. Any disagreement that cannot be resolved between Contractor and the customer will be decided by the Contracting Officer, whose decision will be final and not subject to the Disputes clause. If Contractor fails to process complaints and claims timely, MCCS may, in addition to other rights and remedies available under this contract, settle customer complaints and claims and charge them to Contractor’s account. Customer complaints based on services sold by previous Contractor will be referred to the Contracting Officer.

F.14 REFUNDS (ACNF 0032 JAN 2015)

a. Contractor will be responsible for refunds to customers for customer dissatisfaction or for any overcharges to customers made on services furnished. Should Contractor refuse or fail to promptly make any refund of overcharges to a customer, MCCS may make this refund and charge

QUM18‐H‐2008 Page 22 of 85 the amount against Contractor’s account. If a customer cannot be located or if a refund to a customer is otherwise not practicable as determined by the Contracting Officer, Contractor will pay the amount of the overcharge to MCCS within 15 calendar days from the date of demand by MCCS.

b. Requests for refunds not promptly honored are considered complaints or claims subject to the provisions of the Customer Comments, Complaints and Claims clause.

F.15 SAFEGUARDING OF CONTRACTOR'S FUNDS ON MARINE CORPS INSTALLATIONS

(ACNF 0033 JAN 2015)

Should Contractor opt to maintain funds in the Contractor’s on-installation facility during non-operational hours, Contractor will adhere to the installation’s policy on the safeguarding of such funds and at a minimum as established below:

a. When more than One hundred Dollars ($100) are kept in the Contractor’s facility during non-operational hours, funds will be secured in a steel safe equipped with a three-position combination tumbler locking device.

b. When more than Five Hundred Dollars ($500) is held in the Contractor’s facility during non-operational hours, the safe shall:

(1) be secured to the premises by being encased in a concrete bed;

or

(2) be bolted or steel-strapped to a floor beam or an internal wall support beam with the bolts or straps concealed to prevent cutting or prying; or

(3) weigh in excess of 1,000 pounds.

c. Contractor shall remain responsible for the safeguarding of all Contractors’ funds while on the military installation.

F.16 LOST, ABANDONED AND UNCLAIMED PROPERTY (ACNF 0034 JAN 2015)

Personal property left in or at the operation area will be promptly returned if the owner can be identified. If prompt return (within 24 hours) is not possible, the items will be turned over to the appropriate Internal Control or Loss Prevention office for lost, abandoned or unclaimed items. (Example: A customer leaves an umbrella, wallet, I.D.

card, check book, etc. in/at the operation).

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G. SECTION G: CONTRACT ADMINISTRATION DATA

G.1 CONTRACT PERIOD – CONCESSIONS (ACNG 0001-C SEP 2015)

a. This contract is effective the date of contract award, as signed by the MR or MCCS contracting officer on the Contract Award Form, for a period of one year with four one-year renewal options unless extended or terminated in accordance with the contract clauses.

b. This contract will be automatically terminated in the event of the discontinuance of the operation of MCCS without cost or liability to either party. In all other instances, the provisions covering termination as set forth in Section I shall apply.

G.2 FACSIMILE AND ELECTRONIC COPIES (ACNG 0023 JAN 2015)

The parties agree that a telephonically transmitted facsimile copy OR electronically transmitted copy (usually Microsoft PDF™) of this Contract, along with any subsequent modifications, and the parties’ signatures, shall constitute an original for all purposes and may be admitted into evidence in any court as an original without objection by either party.

G.3 APPOINTMENT OF CONTRACTING OFFICER'S REPRESENTATIVE (SYSTEM-WIDE

CONTRACTS) (ACNG 0004-B JAN 2015)

a. The Contracting Officer will appoint a Headquarters (HQ) COR and installation local CORs, in writing, to perform various duties during the term of the contract.

b. The COR may not change the terms or conditions of this contract, may not interpret it, nor execute or agree to any contract modifications thereto. Only the Contracting Officer can authorize modifications to the terms and conditions of this contract, including deviations from specification requirements. In the event that the Contractor does deviate without written approval of the Contracting Officer, such deviation shall be at the Contractor's own risk. Any costs related to the Contractor's unauthorized deviation shall be borne by the Contractor.

c. The Contractor will be provided a copy of the COR appointment letter after contract award.

G.4 INSURANCE REQUIREMENTS – REVENUE GENERATING CONCESSION CONTRACTS

(ACNG 0012-B MAY 2016)

a. The Contractor shall procure and maintain, during the performance of this contract, insurance coverage listed below, with insurance companies acceptable to Marine Corps Community Services (MCCS) and Headquarters Marine Corps, Business and Support Services Division (MR).

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Acceptable is defined as a carrier that is A rated by A.M. Best, Inc., or equivalent. All insurance coverage shall name MR, MCCS, and installation(s) as additional insureds.

b. The Contractor shall provide a Certificate of Insurance to the Contracting Officer. The Certificate of Insurance must show MR, MCCS, and installation(s) as an additional insured for all coverages, and will carry an endorsement waiving the Contractor’s right to subrogation against MR, MCCS, and installation(s). The “INSURED” block of the Certificate of Insurance must list both the Contractor’s name and the MCCS contract number. Such Certificates of Insurance shall evidence that the below listed insurance is in effect, and that not less than thirty (30) days prior written notice shall be provided to the Contracting Officer in the event of modification, cancellation or non-renewal of any such insurance coverage.

c. Comprehensive General Liability Insurance. Contractor shall maintain the following types and minimum amounts of insurance:

$1,000,000 Per Occurrence / $2,000,000 Total Policy Aggregate $1,000,000 Personal Injury/Advertising Injury $2,000,000 Products and Completed Operations Aggregate

d. Workers’ Compensation and Employer’s Liability Insurance. The Contractor shall carry a workers’ compensation and employer’s liability policy which provides statutory benefits covering all their employees in those states where they are located and working at MCCS facilities, or in support of MCCS. Contractor shall maintain the following types and minimum amounts of insurance:

$1,000,000 per employee / per claim / per occurrence $1,000,000 per claim / per occurrence for occupational illness or disease

e. Automobile…