08-T-0026.doc

Section SF 1449 - CONTINUATION SHEET

CAP

CONTRACT ADMINISTRATION PLAN (CAP)

FOR FIXED PRICE CONTRACTS

In order to expedite the administration of this contract, the following delineation of duties is provided. The names, addresses and phone numbers for these offices or individuals are included elsewhere in the contract award document. The office or individual designated as having responsibility should be contacted for any questions, clarifications, or information regarding the administration function assigned.

1. The Procuring Contract Office (PCO) is responsible for:

a. All pre-award duties such as solicitation, negotiation and award of contracts.

b. Any information or questions during the pre-award stage of the procurement.

c. Changes in contract terms and/or conditions.

d. Post award conference.

Name: Arleen L. Starks

Contracting Officer

Fleet and Industrial Supply Center

Box 97 Code 230

Jacksonville, FL 32212-0097

904-542-0471

2. The Contract Administration Office (CAO) is responsible for matters specified in the FAR 42.302 and DFARS 42.302 except those areas otherwise designated as the responsibility of the Contracting Officer's Representative (COR) or someone else herein.

Name: Same as PCO

3. The paying office is responsible for making payment of proper invoices after acceptance is documented.

Name: DFAS CLEVELAND

NORFOLK ACCOUNTS PAYABLE

PO BOX 998022

CLEVELAND OH 44199-8022

4. The Contracting Officer's Representative (COR) is responsible for interface with the contractor and performance of duties such as those set forth below. It is emphasized that only the PCO/CAO has the authority to modify the terms of the contract. In no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the basic contract between the contractor and any other person be effective or binding on the Government. If in the opinion of the contractor an effort outside the scope of the contract is requested, the contractor shall promptly notify the PCO in writing. No action may be taken by the contractor unless the PCO or CAO has issued a contractual change. The COR duties are as follows:

a. Technical Interface

(1) The COR is responsible for all Government technical interface concerning the contractor and furnishing technical instructions to the contractor. These instructions may include: technical advice/recommendations/clarifications of specific details relating to technical aspects of contract requirements; milestones to be met within the general terms of the contract or specific subtasks of the contract; or, any other interface of a technical nature necessary for the contractor to perform the work specified in the contract or order. The COR is the point of contact through whom the contractor can relay questions and problems of a technical nature to the PCO.

(2) The COR is prohibited from issuing any instruction which would constitute a contractual change. The COR shall not instruct the contractor how to perform. If there is any doubt whether technical instructions contemplated fall within the scope of work, contact the PCO for guidance before transmitting the instructions to the contractor.

b. Contract Surveillance

(1) The COR shall monitor the contractor's performance and progress under the contract. In performing contract surveillance duties, the COR should exercise extreme care to ensure that he/she does not cross the line of personal services. The COR must be able to distinguish between surveillance (which is proper and necessary) and supervision (which is not permitted). Surveillance becomes supervision when you go beyond enforcing the terms of the contract. If the contractor is directed to perform the contract services in a specific manner, the line is being crossed. In such a situation, the COR's actions would be equivalent to using the contractor's personnel as if they were government employees and would constitute transforming the contract into one for personal services.

(2) The COR shall monitor contractor performance to see that inefficient or wasteful methods are not being used. If such practices are observed, the COR is responsible for taking reasonable and timely action to alert the contractor and the PCO to the situation.

(3) The COR will take timely action to alert the PCO to any potential performance problems. If performance schedule slippage is detected, the COR should determine the factors causing the delay and report them to the PCO, along with the contractor's proposed actions to eliminate or overcome these factors and recover the slippage. Once a recovery plan has been put in place, the COR is responsible for monitoring the recovery and keeping the PCO advised of progress.

c. Invoice Review and Approval/Inspection and Acceptance

(1) The COR is responsible for quality assurance of services performed and acceptance of the services or deliverables. The COR shall expeditiously review copies of the contractor's invoices or vouchers, certificate of performance and all other supporting documentation to determine the reasonableness of the billing. In making this determination, the COR must take into consideration all documentary information available and any information developed from personal observations.

(2) The COR must indicate either complete or partial concurrence with the contractor's invoice/voucher by executing the applicable certificate of performance furnished by the contractor. The COR must be cognizant of the invoicing procedures and prompt payment due dates detailed elsewhere in the contract.

(3) The COR will provide the PCO and the CAO with copies of acceptance documents such as Certificates of Performance.

d. Contract Modifications. The COR is responsible for developing the statement of work for change orders or modifications and for preparing an independent government cost estimate of the effort described in the proposed statement of work.

e. Administrative Duties

(1) The COR shall take appropriate action on technical correspondence pertaining to the contract and for maintaining files on each contract. This includes all modifications, government cost estimates, contractor invoices/vouchers, certificates of performance, DD 250 forms and contractor's status reports.

(2) The COR shall maintain files on all correspondence relating to contractor performance, whether satisfactory or unsatisfactory, and on trip reports for all government personnel visiting the contractor's place of business for the purpose of discussing the contract.

(3) The COR must take prompt action to provide the PCO with any contractor or technical code request for change, deviation or waiver, along with any supporting analysis or other required documentation.

f. Government Furnished Property. When government property is to be furnished to the contractor, the COR will take the necessary steps to insure that it is furnished in a timely fashion and in proper condition for use. The COR will maintain adequate records to ensure that property furnished is returned and/or that material has been consumed in the performance of work.

g. Security. The COR is responsible for ensuring that any applicable security requirements are strictly adhered to.

h. Standards of Conduct. The COR is responsible for reading and complying with all applicable agency standards of conduct and conflict of interest instructions.

i. Written Report/Contract Completion Statement.

(1) The COR is responsible for timely preparation and submission to the PCO, of a written, annual evaluation of the contractors performance. The report shall be submitted within 30 days prior to the exercise of any contract option and 60 days after contract completion. The report shall include a written statement as to the use made of any deliverables furnished by the contractor. If the Contractor Performance Assessment Reporting System (CPARS) is applicable to the contract you are responsible for completing a Contractor Performance Assessment Report (CPAR) in the CPARS Automated Information System (AIS). The initial CPAR, under an eligible contract, must reflect evaluation of at least 180 days of contractor performance. The completed CPAR, including contractor comments if any, (NOTE: contractors are allowed 30 days to input their comments) should be available in the CPARS AIS for reviewing official (PCO) review no later than 270 days after start of contract performance. Subsequent CPARs covering any contract option periods should be ready at 1-year intervals thereafter.

(2) For contracts where delivery orders are issued, one consolidated report which addresses all actions under the contract may be submitted.

Name: TBD

5. The Technical Assistant (TA), if appointed, is responsible for providing routine administration and monitoring assistance to the COR. The TA does not have the authority to provide any technical direction or clarification to the contract. Duties that may be performed by the TA are as follows:

a. Identify contractor deficiencies to the COR.

b. Review contract/delivery order deliverables, recommend acceptance/rejection, and provide the COR with documentation to support the recommendation.

c. Assist in preparing the final report on contractor performance for the applicable contract/delivery order in accordance with the format and procedures prescribed by the COR.

d. Identify contract noncompliance with reporting requirements to the COR.

e. Evaluate the contractor's proposals for specific delivery orders and identify, for the COR, any potential problems, areas of concern, or issues to be discussed during negotiations.

f. Review contractor status and progress reports, identify deficiencies to the COR, and provide the COR with recommendations regarding acceptance, rejection, and/or Government technical clarification requests.

g. Review invoices for the appropriate mix of types and quantities of labor, materials, and other direct costs, and provide the COR with recommendations to facilitate COR certification of the invoice.

h. Provide the COR with timely input regarding technical clarifications for the statement of work, possible technical direction to provide the contractor, and recommend corrective actions.

i. Provide detailed written reports of any trip, meeting, or conversation to the COR subsequent to any interface between the TA and contractor.

PWS

PERFORMANCE

WORK

STATEMENT

(PWS)

Performance Work Statement

Table of Contents

Section

Contents

Page C-1

GENERAL INFORMATION

1.0

Organization of the General Mess

1.1

Scope of Work

1.2

Personnel

1.3

Government-Furnished Property

1.4

Quality Control

1.5

Quality Assurance

1.6

Hours of Operation

C-2

DEFINITIONS

2.1

Standard Definitions

2.2

Technical Definitions

C-3

GOVERNMENT FURNISHED PROPERTY

3.1

General Information

3.2

Services

C-4

CONTRACTOR-FURNISHED ITEMS AND SERVICES

4.1

4.2

Equipment

4.3

Uniforms

4.4

Commercial Telephone Service

4.5

Specifications

4.6

Internal Security of contractors Supplies and contractor Employees’ Property

C-5

SPECIFIC TASK: CLEANING/HOUSEKEEPING

5.1

Cleaning and Housekeeping

5.2

Other Cleaning and Housekeeping Task

5.3

DELETED

5.4

Food Service Program

5.5

Vegetable Preparation Room Service

5.6

Cashier Services

C-6

APPLICABLE PUBLICATIONS AND FORMS

6.1

SECTION C -- DESCRIPTION/SPECIFICATIONS

The effort required hereunder shall be performed in accordance with the Performance

Work Statement, Technical Exhibits, and in accordance with all other terms and conditions set forth herein. PERFORMANCE WORK STATEMENT

The effort required hereunder shall be performed in accordance with the Performance Work

Statement provided as Attachment 1, and in accordance with all terms and conditions set forth herein.

PERFORMANCE WORK STATEMENT

MESS ATTENDANT SERVICE CONTRACT

NAVAL AIR STATION

JOINT RESERVE BASE, FORT WORTH

SECTION C-l

1.0 ORGANIZATION OF THE GENERAL MESS

1.0.1 Organization of the General Mess: The following chart displays the standard organization of a Navy Mess, and the responsibilities of each branch:

BRANCH

OPERATION

RESPONSIBILITY

RECORDS

Requisition of Food Items.

GOVERNMENT

Maintain Stock Records, and ensure sufficient food stocks.

Maintain general mess records.

Prepare inventory, reports and financial returns.

Prepare Watch bill for food production.

FOOD

Prepare Menus.

PREPARATION

Prepare food.

Trains and supervises food handlers.

SUBSISTENCE

Receives, stores, and issues subsistence.

Completes appropriate documents

MESS

Maintains cleanliness of messing areas.

CONTRACTOR

SERVICES

Conduct scullery operation

CASHIER SERVICES

Provide all cashier and related services.

CONTRACTOR

1.1 SCOPE OF WORK:

The contractor shall provide all personnel, supervision, and other items and services necessary to perform food service attendant service defined in this Performance Work Statement (PWS), except as specified in section C-3 as government furnished property.

1.1.1 The requirements in this Statement of Work apply to all facilities listed in Section B.

1.1.2 These specifications require the performance of all tasks necessary and proper for or incidental to the contracted functions. Anything not directly specified but necessary to carry out the intent of this contract and the complete and proper execution of the services, shall be performed by the contractor as if it had been specifically described. The estimated quantities of work are contained in Technical Exhibit 2(a-f).

1.1.3 Contractor major tasks include but are not limited to the following:

a.

Cleaning of facilities, including designated equipment and utensils.

b.

Bussing of tables in dining areas, during meal service. Prepare and pre-portion salads and desserts. Replenishment of table condiments, napkins, beverages, salads, fruits, and desserts as needed.

c.

Operation of scullery, dishwasher, and three compartments sink during meal periods.

d.

Transporting and replenishment of clean equipment, utensils, dishes, glassware, silverware, and trays to point of use and of storage.

1.2 PERSONNEL:

1.2.1 General: The contractor shall furnish managerial, administrative and direct labor personnel to accomplish all work required. The contractor shall maintain and adequately supervise the work force at all times. One person shall be assigned at each facility as a full-time supervisor with authority to manage the entire operational mess attendant service work force at that facility. In the absence of the facility supervisor, an alternate supervisor with the same authority as the assigned facility supervisor, shall be placed in charge of operations. The contractor shall furnish the names and qualifications of all facility supervisors, alternate facility supervisors, and other key supervisors in writing to the Contracting Officer upon contract award. The duties and qualifications for on-site personnel shall be:

1.2.2 Facility Supervisor: This individual or alternate shall be responsible for the overall supervision of all contractor employees, and coordination of all contractor duties at the assigned facility, and shall act as the central point of contact with the government. This person shall only perform as the facility supervisor, and shall not, except in emergencies and as agreed to by the Contracting Officer's Representative (COR) of the facility, perform the role of lead mess attendant. Minimum acceptable qualifications for this position shall include at least 10 years of working experience in either a government or commercial galley or kitchen and dining room facility, with equipment and operations equivalent to that involved in the performance of this contract. A minimum of 5 years of such work experience must have been as a supervisor over such work force. Each alternate facility supervisor shall have at least five years of experience similar to the designated-facility manager.

1.2.2.1 The alternate facility supervisor shall only act as the facility supervisor in the absence of the regularly assigned facility supervisor, and the contractor must inform the COR in writing of the temporary assignment at least forty-eight hours in advance. The notification shall include the dates and times of the temporary assignment.

1.2.2.2 During normal duty hours (Monday - Friday excluding holidays), the facility supervisor (or alternate) shall be available for a minimum of 2 hours daily as scheduled by the COR to meet on the installation with the COR to discuss problem areas. The facility supervisor shall provide a monitored telephone number after normal working hours, in order that the supervisor may be recalled to the site within three hours of the first attempt to contact.

1.2.2.3 The food service facility under this PWS, either the approved facility supervisor or alternate shall be present during all hours contract employees are working.

1.2.2.4 The facility supervisor and alternate shall be able to fluently read, write, speak and understand English. The Facility supervisor and alternate shall be able to fluently understand and speak with every member of the contractor's crew at the facility.

1.2.3 Lead Mess Attendant: Assigned as full-time, on the job, first-line supervisors responsible for supervising the performance of all required mess attendant functional duties assigned by the facility supervisor. This person may be a working supervisor, except while assigned as alternate facility supervisor. Minimum acceptable qualifications for this position shall include at least 4 years of working experience in government/commercial galley/kitchen and dining room facilities and operations equivalent to that involved in the performance of this contract. A minimum of 2 years of such work experience must have been as a supervisor in such operation or as a combination of mess attendant lead worker in all the different functional areas plus specialized supervisory training which equates to such supervisory experience. If the lead mess attendant meets or exceeds the qualifications listed in paragraph 1.2.2, this person may be also assigned as the alternate facility supervisor. The Lead Mess Attendant shall be able to fluently speak and understand English, and shall be able to speak with and understand every member of the contractor's crew at the facility.

1.2.3.1 The Lead Mess Attendant has the same operational duties as a mess attendant, but is also responsible for receiving and carrying out instructions and directions for the work crew issued by contractor supervisors. This position's primary duties are as a mess attendant, and this position is specifically exempt from supervisory status for pay purposes.

1.2.4 Mess Attendant: Responsibilities include, but are not limited to: Sweep and mop floors; clean woodwork, walls, tables, glass doors, windows, counters, kitchen and service equipment; wash dishes, glasses, silverware, cooking vessels, and utensils; bus dining areas, remove garbage and trash to disposal area; and other duties as assigned and which are included in the contract.

1.2.5 Uniforms: All contractor personnel shall wear uniforms supplied by the contractor, while on duty. Uniforms shall be well fitting, laundered, and of good repair. Employees shall wear a clean uniform each day. Uniforms shall not contain commercial advertising except that hats or nametags may contain the contractor's name.

1.2.5.1 Contractor supervisors shall wear white shirts. Male supervisors shall wear black or dark blue trousers; female supervisors may wear a skirt or trousers, black or dark blue in color.

1.2.5.2 All non-supervisory employees shall wear dark blue trousers with a light blue shirt or smock. Appropriate undergarments shall be worn at all times, including a full tee shirt with short sleeves. A blue ball cap with the company emblem shall be worn when in the food service areas.

1.2.5.3 Safety shoes shall be supplied by the contractor, and shall be worn at all times by contractor employees. All shoes shall have non-skid soles to minimize slippage on wet floors, and shall cover the foot to meet sanitation and safety requirements in accordance with NAVSUP 421 Chapter 3 (3.2), Food Service Operation. Open-toed shoes, sandals, or sneakers, and heels higher than 2 inches shall not be worn.

1.2.5.4 Hair nets, facial masks, and caps shall be supplied by the contractor and shall be worn by all personnel where appropriate, in accordance with NAVMED P-5010-1, Food Service Sanitation.

1.2.5.5 All contractors Personnel shall wear contractor-furnished nametags displaying the company name and the employee's last name. Nametags worn by the contractor supervisors shall also indicate their job title.

1.2.6 Medical Fitness: The contractor shall furnish personnel who are medically fit, trustworthy, competent and well qualified for their work.

1.2.6.1 A medical certificate shall be furnished to the COR for each employee assigned to work in the kitchen, dining hall and any food handling facility, or any contractor employee whose duties include handling food in carrying out the provisions of this contract, prior to the employee's start date. All sanitation training is completed by the government. All contractor personnel shall be given an annual tuberculosis screening, and the results of this screening shall be supplied to the COR.

1.2.6.2 All contractor food service employees are subjects, at any time, to inspection and physical examination by government medical authorities to insure proper sanitary standards are maintained. Blood test and stool examinations of contractor employees shall be accomplished at the discretion of the medical officer. Contractor employees with open lesions, particularly on the hands, face, or neck, or with facial acne, shall be prohibited from performing food service duty. Any contractor employee found medically unfit to perform their duties under this contract shall be promptly removed from duty and replaced with an employee who conforms to the appropriate medical standards.

1.2.6.3 Any contractor food service employee absent from duty for 30 days or more for any reason shall have a medical examination at contractor expense prior to resumption of duty. Any contractor food service employee absent from duty for any length of time for any medical reason shall have a medical examination at contractor expense prior to resumption of duty, in accordance with NAVMED P-50l0, Chapter 1.

1.2.7 Personnel Sanitation Requirements: The contractor shall insure that all employees working under this contract meet the following personal hygiene requirements:

1.2.7.1 All contractor employees shall wash their hands upon reporting for work, immediately after visiting or cleaning the lavatory, after smoking, after taking a break, and after handling raw meat, poultry, garbage, or otherwise soiling their hands.

1.2.7.2 All contractor employees shall remove all jewelry and wristwatches (except plain wedding bands) while on duty.

1.2.7.3 All contractor employees shall keep fingernails clean and short so that no fingernails extend beyond the end of fingers. Finger nail polish SHALL NOT be worn by anyone in food service.

1.2.7.4 Smoking or chewing tobacco products is prohibited in any food service facility. Smoking is allowed only during break periods in designated areas.

1.2.7.5 Beards shall not be worn by anyone in food service.

1.2.7.6 Contractor employees shall wear acceptable hair restraints (hats, caps, hair nets), furnished by the contractor, to prevent loose hair from falling into food or onto food contact surfaces. These restraints will cover the entire hair area.

1.2.8 Training, General: The government provides this training to the contractor’s employees. Contractor employees shall be trained in Food Sanitation pursuant to and in accordance with SECNAV Instruction 4061.1 series "Food Service Sanitation Training Program." Pertinent parts are here quoted: "3. DEFINITIONS (a) Food Service Personnel shall include all persons...who prepare, cook, or serve food or drinks at food service facilities...Also included are those in a supervisory capacity and those who provide accessory service (dish machine operators, bus boys, bus girls, contract mess personnel, whether full-time, part-time or temporary employees). (b) Food Service Facilities shall include galley bakery areas, meat cutting areas, mess halls (pantries and dining rooms), food storage and refrigeration spaces, and sculleries plus appurtenances thereto..."

1.2.8.1 Scope. Initial sanitation instruction and subsequent semiannual refresher training shall be given to all food service personnel employees serving for periods of 30 days or longer. Those personnel assigned food service duties for fewer than 30 days shall be given on-the-job training by competent supervisors. Permanent food service personnel shall receive continuous on-the-job training and instruction in addition to the initial and refresher training. Training records for all employees shall be kept on file by the contractor, and are subject to inspection by the COR at any time. Contractor will provide sanitation instructor to give all types of training to all contracts personnel. If sanitation instructor is not available, the contractor will have all employees attend a sanitation training given by the Food Service Officer's designated representative on a given time and place.

1.2.8.2 Training/Requirements. A minimum of 6 hours for initial training and 6 hours for annual refresher training shall be required for all food service personnel. This shall in no way limit the amount of training necessary to meet specific requirements for each food service facility. When feasible a portion of the training program shall be presented in the food service area. This provides an effective means whereby actual food service equipment and utensils can be utilized to demonstrate correct and incorrect usage.

1.2.8.3 Training shall include, at a minimum, the following topics:

1.2.8.3.1 Familiarization with all written contractors technical and quality controls procedures and instruction.

1.2.8.3.2 Basic bacteriological concepts, including how disease is caused, transmitted, and prevented, reduced, or contained through proper housekeeping methods.

1.2.8.3.3 Infection control relating duty functions to all requirements of this contract.

1.2.8.3.4 Proper use and handling of germicidal detergents, supplies, and equipment.

1.2.8.3.5 Understanding and adherence to the Material Safety Data Sheet (MSDS) for all cleaning supplies used under this contract.

1.2.8.3.6 Care and maintenance of contractor and government furnished property and equipment as specified in NAVMED P-5010 and NAVSUP P-421.

1.2.8.3.7 Familiarization with the Government’s fires prevention and safety procedures, to include equipment operation, electrical hazards, safety procedures, and use of hazardous materials.

1.2.8.3.8 Employee personal hygiene.

1.2.8.3.9 Energy conservation practices.

1.2.8.3.10 Familiarization with all facets of this PWS and the appropriate Technical Exhibits.

1.2.8.4 Sanitation training may be conducted by medical department personnel, environmental health officers, environmental sanitation officers, preventative medicine technicians or other government personnel qualified to conduct food sanitation training. Sanitation training shall be accomplished or conducted during times that do not interfere with the contracted work. It is mandatory that all contract personnel attend training.

1.2.8.5 Records of all employee training including attendance rosters, shall be maintained by the contractor for the duration of the contract and be furnished to the government for review, upon request. Copies of employee training records shall be provided upon written request by the Contracting Officer at the conclusion of this contract.

1.2.9 Security Clearance: The contractor shall furnish the COR the names of all personnel hired to perform work under this contract. The names shall be accompanied by a brief personal history statement, including but not limited to (a) a statement of facts of any criminal convictions other than minor traffic violations; (b) a statement and facts of any conviction in a military or civil court; (c) a record of employment covering the immediate preceding year.

1.2.9.1 The security officer shall determine the suitability and qualifications of each employee for security approval. The security officer will issue identification as required for access to the activity for all contractor employees considered qualified. The contractor will be notified in writing of each employee rejected for service by the security officer. The contractor shall then furnish additional names and personal histories of substitute employees for consideration. No person may perform services under this contract until approval has been granted by the security officer, Identification furnished for acceptable employees shall be returned to the COR by the contractor immediately when such employees are no longer employed under this contract.

1.2.9.2 All personnel employed by the contractor in the performance of this contract, or any representative of the contractor entering the government installation, shall abide by all security regulations of the installation. The government reserves the right to direct the removal of an employee for misconduct or security reasons. This action does not relieve the contractor from total performance of the contract tasks specified herein.

1.2.9.3 The contractor may be provided keys or allowed access to all buildings and rooms requiring services specified in this PWS. The government may choose to accompany contractor personnel when in certain secured areas. Keys provided to the contractor shall not be duplicated or removed from the premises. Only supervisors shall be issued keys, and all keys issued shall remain in their possession while they are on duty. The government at the contractor’s expense shall replace any key lost by contractor personnel. In the event a key is lost or duplicated, all locks and keys on that the government, and the total cost shall replace lock system shall be deducted from the monthly payment due to the contractor. If a key to a single area is lost, the lock for that area will be replaced by the government and the total cost will be deducted from the monthly payment due to the contractor. The contractor shall report the loss of any key within one hour to the COR.

1.2.10 Status of Employment: All contractor personnel utilized in the performance of work under this contract shall be employees of the contractor at all times and not employees of the government. No alien shall be employed who does not have a valid U.S. Immigration and Naturalization Service Form 1-151 (Alien Registration Card). The contractor shall not employ any alien in the performance of work under this contract in violation of the immigration laws of the United States.

1.2.11 Temporary Use of Military Personnel to Supplement contractor Personnel: The contractor is specifically prohibited from hiring military personnel to perform services under this contract. In the event the contractor does not furnish the number of employees required to perform the services called for in this contract, the Commanding Officer of the activity may assign military personnel to perform the services. Such action by the government will not relieve the contractor of his responsibility for performance. The contractor shall compensate the government for the services of such military personnel as may perform work under the contract. The compensation shall be either (1) the rates then set forth in the Navy Comptroller Manual, paragraph 035750, as amended, or (2) the cost to the contractor for personnel performing the work which it was found necessary to assign military personnel to perform, whichever is greater. The amount of compensation will be deducted from the contractor's invoices for services performed under the contract or in such other manner as the Contracting Officer may direct.

1.2.12 Employee's Meals - General: Contractor personnel on duty in the dining facility during meal periods may consume meals paid for by the contractor on a monthly basis.

1.2.12.1 All meals consumed by contractor employees shall be paid for by the contractor at the established rate charged Navy enlisted personnel on commuted rations as set forth in applicable directives of the Navy Supply Systems Command. In the event any of the rates are changed as a result of a determination by the Secretary of Defense made during the period of the contract, it is hereby mutually agreed that the contractor shall pay for the cost of meals at the revised rates. The revised rates shall be applicable from the date the Secretary of the Navy determines to be the effective date for Government/- Military personnel. The contractor will be notified in writing by the COR of the current meal rates published in NAVSUP 4061.9 series.

1.2.12.1.1 Payment for meals consumed by contractor employees shall be made by the contractor to the Food Service Officer on the first working day of each calendar month for the previous month's meals. Prior to consuming any meal or part of any meal contractor employees are required to sign the Meal Signature Record (NAVSUP Form 1291), which the contractor in duplicate shall maintain for each meal period. In addition, the contractor will be charged the full established rate for the applicable meal period for any contractor employee observed consuming government subsistence (snacking), The charge for the meal shall be determined by the period of the day snacking was observed. Snacking between 0560 and 1000 will be charged the breakfast rate. Snacking observed after 1000 will be charged the lunch/dinner rate. The contractor shall be responsible for monitoring and controlling employee meals in accordance with the above procedures.

1.2.12.1.2 In the event the contractor fails to submit Meal Signature records or submits any incomplete Meal Signature Records for any day, the contractor shall pay the established rate for meals for all employees on duty during the meal period for which the record is not submitted or otherwise determined by the Contracting Officer to be incomplete, whether or not such meals were consumed by the contractor's employees.

1.2.12.2 contractor personnel may purchase food items; contractor personnel shall pay cash for items selected without surcharge. There shall not be any credit sales. Additionally, the contractor shall be charged the full, established rate for the applicable meal period for any contractor employee observed consuming government subsistence (snacking).

1.2.13 Miscellaneous:

1.2.13.1 The "carrying aboard" or use of alcoholic beverages or illegal drugs by contractor personnel is strictly forbidden. Any violation of these regulations or any other Navy Regulation or Federal Law shall be cause for immediate removal of the employee from the applicable installation and from further work under this contract. The government may also impose civil and criminal penalties for such actions upon trial and conviction. Contractor employees shall be subject to government drug surveillance procedures.

1.2.13.2 Contractor employees shall not loiter in any working or patron area. Employees shall promptly depart from the food service facilities upon termination of daily duties.

1.2.13.3 At times the contractor will be performing services in spaces where other persons may be working or passing through. The contractor shall perform the services in a manner, which will not endanger, interfere with, nor delay the activities of the other persons, and arrangements shall be made so that the activities of the contractor shall be in harmony with the activities of the other persons.

1.2.13.4 In performing the services required hereunder, contractor employees shall use lavatory, toilet and dressing room facilities as provided. The use of such provided spaces shall be governed by regulations established by the Commanding Officer and the contractor shall strictly enforce such regulations.

1.3 GOVERNMENT-FURNISHED PROPERTY:

1.3.1 Use, Conservation and Responsibility for Government Property: All Government fixtures, facilities, equipment and materials set forth in section C-3 and Technical Exhibits 4 and 5, or replacement for such fixtures, facilities and equipment made necessary for fair wear and tear thereof, shall be made available by the Government for contractor use. In the event any Government Furnished Equipment (GFE) is not available for use by the contractor at the time or times required for performance of the contract, the Contracting officer shall, upon timely written request by the contractor make a determination of the cause of the delay, and if justified, equitably adjust the hours of operation or contract price or both. Additionally, the Contracting Officer shall make a determination on any other contract provisions affected by such delay, in accordance with the procedures which provides for in the contract clause entitled "Changes".

1.3.2 Title: Title to all GFE Used by the contractor and all materials and subsistence issued to the contractor shall remain with the government.

1.3.3 Care: The contractor shall use due care in the use and cleaning of all Government-owned fixtures, facilities and equipment to prevent undue wear and breakage. The contractor shall be responsible for the proper conservation and use of all food, subsistence and materials issued to it by the government and, except for normal spoilage and waste for this type of operation, shall be liable for any loss thereof except as such food, subsistence and materials are consumed in the performance of this contract. Contractor will be responsible for cleaning all government-furnished equipment. All manufacturer's operating and cleaning instructions on government owned equipment, as well those set forth in NAVSUP 421, Chapters 2 and 3, shall be strictly followed.

1.3.4 Use/Waste: The COR shall notify the Contracting Officer if, in the COR's opinion, contractor employees contribute to excessive waste or misuse of food materials by omission or commission. The Contracting Officer shall notify the contractor in writing of such conditions, and the contractor shall show cause in writing within three (3) days why such waste was not due to the fault and negligence of contractor employees or to Present evidence that the circumstances which caused the excessive use or waste have been corrected and will not recur. In the event the Contracting Officer determines that the waste or use was excessive and due to the fault of the contractor, and the contractor does not show how appropriate corrections will be made to eliminate the waste, a deduction for such waste or excessive use shall be taken from the payment of the next invoice submitted by the contractor. For the purpose of this clause, "waste" is defined as including illegal disposition of food materials and non-adherence to portion size directives in "over-serving".

1.3.5 Repairs: All repairs to government-owned fixtures, facilities and equipment not specifically assigned to the contractor for repair will be made by the Public Works Department at government expense. If the Contracting Officer determines that repairs were necessitated by negligence, misuse or carelessness on the part of the contractor's personnel, the contractor will be issued a written notice to this effect, and the contractor shall be liable to the government for the cost of repair using Public works' established prices.

1.4 QUALITY CONTROL:

1.4.1 General: The contractor shall establish and maintain a complete quality control program to assure the requirements of the contract are provided as specified. A copy of the Quality Control Plan (QCP) shall be submitted with the offeror's proposal, in accordance with the instructions in Section L of the contract. An updated copy shall be provided to the Contracting officer as changes occur. The plan shall include at the very minimum the following:

1.4.1.1 An inspection system covering all the services required by this contract and as listed in the PRS in Technical Exhibit 1. It must specify the areas to be inspected on either a scheduled or unscheduled basis, how often inspections will be accomplished, and the title of the individuals who will perform the inspection.

1.4.1.2 The methods for identifying and preventing defects in the quality of services performed before the level of performance becomes unacceptable.

1.4.1.3 On-site records of all inspections conducted by the contractor and necessary corrective action taken. This documentation shall be made available to the government upon request.

1.5 QUALITY ASSURANCE:

1.5.1 Performance Observation: The government shall evaluate the contractor's performance under this contract using the method of surveillance specified at Technical Exhibit 1. All surveillance observations will be recorded by the government. When an observation indicates defective contractor performance, the inspector will request the contractor's representative to initial the recorded observation. Subsequently, the COR and the contractor Facility Supervisor shall meet to review the observations, and determine how discrepancies, if any, will be corrected.

1.5.2 Sanitation Inspections: In addition to inspections of contractor performance by the COR and Technical Assistants (TA's), medical services personnel shall inspect for compliance with sanitary standards. Both the COR and medical services personnel shall report to the Contracting Officer in writing any contractor discrepancies causing unacceptable performance, who shall take the appropriate action. Sanitary deficiencies require immediate correction on the part of the negligent party (government or contractor), and may be cause for shutdown of the facility until sanitary standards can be restored.

1.5.3 Performance Evaluation Meetings: The facility supervisor shall be required to meet at least weekly with the COR during the first month of the contract. Meetings will be held quarterly thereafter. In addition, if requested by either the contractor or the Government, a meeting will be held whenever a contractor Discrepancy Report is issued. The written minutes of these meetings, prepared by the COR, shall be signed by the facility supervisor and the COR. Should the contractor not concur with the minutes, the contractor shall state any areas of non-concurrence in writing to the Contracting Officer within 7 calendar days of receipt of the signed minutes.

1.5.4 Patron Surveys: The government conducts customer surveys and solicits customer comments in other ways. The contractor shall distribute evaluation forms and assist in the collecting forms and responding to customer comments.

1.5.5 Survey: Representatives of the Naval Supply Systems Command, or other Department of Defense representatives, may survey the services from time to time during the period of this contract. Contractor personnel shall cooperate fully with such representatives during survey visits.

1.6 HOURS OF OPERATION:

1.6.1 Normal Hours: The normal operating hours for the dining facilities and other facilities are listed in Technical Exhibit 2a. During the designated serving hours for a dining facility any authorized patron who enters the dining facility shall be offered a complete menu choice. Breakdown action to remove food from the serving area shall not start until 10 minutes after the last patron is served or 10 minutes after the end of the meal period whichever is later, to allow first servings to all patrons and seconds to others.

1.6.2 Change of Hours: The COR may change the meal hours by giving the contractor notice 48 hours in advance of such change. Should any such change result in greater or lesser meal hours of operation, it wills he considered a change within the meaning of the Changes clause.

1.6.3 Holiday Food Service: Increased attendance can be expected on Thanksgiving, and extended hours may be necessary. Special holiday schedules during Thanksgiving, the Christmas season, The Navy Birthday, Easter and Halloween occasions will be made available to the contractor at least five (5) days prior to the expected change.

1.6.4 Authorized Guests: Dependents and guests are permitted to eat in the dining facilities as authorized by the Installation Commander. These patrons, except as noted by the COR, shall be handled as other patrons of the general mess.

1.6.5 Special Events: The contractor shall provide the additional food service requirements as described in Technical Exhibit 2d.

1.6.6 Emergency Service: Emergency situations (for example, accident and rescue operations, civil disturbances, weather warnings, installation alerts) may necessitate a dining facility to operate on an extended basis of up to twenty-four hours per day. The contractor shall provide these services when required by the COR. These requests shall be deemed to be changes within the meaning of the change clause and shall be subject to the provisions of that clause.

1.6.7 Safety Rules and Regulations. In performing the services required hereunder, the contractor shall conform to all safety rules and regulations applicable to the subsistence building and facilities which are in effect during the time of performance of this contract and shall take such other precautions as may be reasonably required hereunder to assure accident-free performance. All accidents, however, which may arise out of or in connection with the performance of services required hereunder, and which result in injury, death or property damage, shall be reported in writing to the COR with a copy to the Contracting Officer within 24 hours after such accident occurs. Such reports shall give full details of the accident involved, including statements of witnesses. If any claim is made by the third party against the contractor on account of any accident, which occurs in connection with performance of this contract, the contractor shall promptly report the facts, in writing to the Contracting Officer.

1.6.8 Mobilization Support. The contractor shall support contingency requirements as set forth in SUPDEPTINST 3440.1Q, or superceding instruction, upon the direction of the contracting officer. This direction will be in the form of a unilateral Change Order issued against the contract and citing the authority of this provision. When performance pursuant to such an order causes an increase or decrease in the contractor's cost of, or time required for, performance of any portion of the work under this contract, an equitable adjustment shall he negotiated.

1.6.9 Minimum Man-hour Requirements. The contractor shall provide the following minimum man-hour requirements at:

NAS JRB FORT WORTH

DRILL DAYS - 64 MAN-HOURS REQUIREMENTS

NON-DRILL DAYS - 44 MAN HOUR REQUIREMENTS - Monday-Friday

These requirements are met by contractor service employees working 1450.5 hours each month. This monthly average includes a 2% confidence interval (i.e., permits up to 2% fewer hours than the aggregate of days per month at the specified minimums). Failure to provide required man-hours should result in invoice deduction in the amount of $12.05 per hour for every hour less than 1450.5 for the month. There will be no additional payment to the Contractor when hours worked exceeds the minimum man-hours.

1.6.9.1 This chart reflects only the MINIMUM requirements per day. The contractor shall provide any additional manning required performing under the terms and conditions listed in Section C and the technical exhibits of this solicitation.

SECTION C-2

2.0 DEFINITIONS:

2.1 STANDARD DEFINITIONS:

Acceptable Quality Level (AQL). The AQL is the maximum percent defective, the maximum number of defects per hundred units, or the number of defects in a lot on the average that may occur before the government will execute the price computation system in accordance with the Performance Requirement Summary and the Inspection of Services clause. An AQL does not allow a contractor to knowingly offer defective services, and limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.

Contracting Officer's Representative (COR): An individual appointed in the contract that functions as the technical representative of the Contracting Officer in the administration of the contract. The specific duties of the COR are set forth in the Contract Administration Plan. The COR is usually the Food Service Officer.

Defective Service: A unit of service, which contains one or more defects, or non-conformance with specified requirements.

Government Furnished Equipment (GFE): The facilities, fixtures, equipment, supplies, and services provided by the Government for the contractor's use for the period of this contract.

Lot: The total number of service outputs in a surveillance period, as defined in the AQL column of the Performance Requirements Summary.

Performance Work Statement (PWS): Section C of the contract. Identifies the work required under the contract.

Performance Requirements Summary (PRS): Identifies the key service outputs of the contract that will be evaluated by the government to assure contract performance the contractor meets standards.

Quality Assurance: Those actions taken by the government to assure services meet the requirements of the Performance Work Statement (PWS).

Quality Assurance Surveillance Plan (QASP): An organized, written document used for quality assurance surveillance. The document contains specific methods for performing surveillance of the contractor.

Quality Control: Those actions taken by a contractor to control the performance of services so that they meet the requirements of the Performance Work Statement (PWS).

2.2 TECHNICAL DEFINITIONS PECULIAR TO THIS PWS:

Bussing: The removal of trays and other utensils from the public area.

Clean As You Go: Cleaning, wiping and removing spills, garbage and residue as they occur.

Deck: All floor areas.

Damp Mop: Using a damp mop or swab, mop the entire floor area to remove dust and damp debris. Same as Dry Mop.

Director, Security Department, of the Activity: Designated as the official representative of the Contracting Officer to determine security clearances and enforce the traffic and security regulations of the activity.

Dry Mop: Using a damp mop…