Solicitation - Cafeteria Service - August 2010.doc

Performance Work Statement

Cafeteria Services

1.0 BACKGROUND

1.1. There are approximately 1,200 occupants of the IRS-Enterprise Computing Center (ECC) Martinsburg Campus in Kearneysville, West Virginia working various shifts. The majority of these employees work between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday. Throughout the year, occupancy during these hours can be either decreased by Flexi-Place or increased by groups attending classes, special events, or emergency preparedness at or around the IRS campus.

1.2. The estimated use of the cafeteria service is listed below. The estimates provided are for informational purposes only to assist the Contractor in establishing the operation and do not guarantee any future users or receipts.

Average Annual Cafeteria Sales:

$226,000.00 (Based on average of 261 operating days/year including paid holidays excluding costs)

Patronage (Estimated):

Breakfast:

Lunch:

1.3. The areas and seating capacity are as follows:

Cafeteria Dining Area:

Lower Level (Room O-0011)

Seating Capacity: 225

Outside Terrace

Seating Capacity:

60-90

Break Areas:

Office Building Level 1

16 (Room O-1046)

12 (Room O-1072

Office Building Level 2

9 (Room O-2029)

Warehouse Building Level 1

Seating Capacity:

23 (Room W-1112)

2.0 SCOPE OF WORK.

The contractor, termed “Contractor” shall provide all personnel, management, supervision, labor, materials, supplies, equipment (except as otherwise noted as being provided by the Government), food and beverage items and shall plan, schedule, coordinate and assure the establishment and effective operation of the cafeteria service for the purpose of dispensing food, non-alcoholic beverages and such other items as may be authorized by either the Contracting Officer (CO) or Contracting Officer’s Technical Representative (COTR), within the terms and conditions of this contract. The Contractor’s primary income will result from cafeteria sales under the contract. Additionally, the Contractor may earn a quarterly performance incentive based on contract performance evaluated in accordance with Paragraph 17.0 Performance Summary. The cafeteria service shall be operated for the occupants and visitors at:

IRS-Enterprise Computing Center (Martinsburg)

250 Murall Drive

Kearneysville, West Virginia 25430

3.0 APPLICABLE DOCUMENTS. The Contractor shall comply with the following mandatory references and implement the updates or changes specified by these publications when issued.

4.0 SERVICES.

4.1. General. The Contractor shall furnish all personnel, supervision, food products, and all other items (unless otherwise specified) necessary to operate the cafeteria.

4.1.1. The Contractor shall offer a variety of quality food items, including healthy items, in quantities to satisfy customer demands and maximize customer satisfaction.

4.1.2. The Contractor shall provide cafeteria service Monday through Friday, except the Federal Government holidays of New Year’s Day, Martin Luther King Jr.’s Birthday, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, and Christmas Day.

4.1.3. The Contractor shall provide fast, friendly, courteous cafeteria service that will result in a high level of customer satisfaction.

4.1.4. The Contractor shall establish, operate and manage the cafeteria in the Contractor’s name.

4.2. Menu:

4.2.1. The Contractor shall provide menu selections that coincide with cafeteria areas, such as Salad Bar, Deli, Specialty Bar, and Yogurt/Ice Cream, and shall at a minimum offer pizza, sandwiches and hot vegetables as part of the regular menu. (See Exhibit A as an example of items.)

4.2.2. The Contractor shall ensure that patrons are aware of daily menu selections as is customary and as agreed upon by the COTR.

4.2.3. The Contractor shall provide “specials” 2-3 times per week.

4.2.4. The Contractor shall provide a weekly menu in final format and send to the COTR or designated representative, by Wednesday of each week, for posting to the website. This menu shall include the prices by each special for the week.

4.2.5. The Contractor shall provide quarterly promotional events to increase patronage.

4.2.6. Selections. The Contractor shall serve a minimum number of menu selections as follows:

Breakfast selections: 5

Lunch selections: 12

4.3. Patron Payment. The Contractor shall accept cash or credit/debit cards from patrons for payment of food purchases. The Contractor shall be responsible for all expenses associated with the acceptance of patron credit/debit cards. Unless notified otherwise, the Government will provide the phone service.

4.4. Sundry Items. The Contractor may be permitted to sell sundry items in the Cafeteria such as cards, flowers, and so forth with the prior approval of the COTR.

4.5. Vending Machines. The Contractor shall not be responsible for vending machines since this will be provided under a separate contract. The Contractor will be allowed to sell the same items in the Cafeteria as the vending operator.

4.6. Deliveries: Deliveries will only be accepted between the hours of 7:00 a.m. through 2:00 p.m., Monday through Friday.

4.7. Cleaning.

4.7.1. The Contractor shall furnish all labor, supplies, materials, equipment, and supervision sufficient to maintain the cafeteria area. The Contractor shall consistently clean the cafeteria area on a regular basis/schedule and shall meet the highest standards of sanitation common to the cafeteria industry.

4.7.2. The Contractor shall ensure that the cafeteria which includes the dining, serving, kitchen, walk-in refrigerator and walk-in freezer, food preparation areas and the surfaces therein are clean, orderly, sanitary and free of debris at all times.

4.7.3. The Contractor shall bus the cafeteria dining area so that the area is always free of soiled dishes and tables and chairs are clean for each patron.

4.7.4. The Contractor shall remove trash and food debris from the kitchen and serving areas including floors. The Contractor is not responsible for dining room floor maintenance, restroom maintenance, high cleaning, removal of cafeteria dining room trash and restroom maintenance.

4.7.5. The Contractor shall use environmentally safe cleaning materials. Within fourteen (14) days prior to the start date of service the Contractor shall submit to the COTR the Material Safety Data Sheets (MSDS) or the brand name or manufacturer of all cleaning materials and chemicals proposed for use in connection with the work of this contract. The Contractor will be advised of rejected materials and chemicals, that is, those materials and chemicals determined unsuitable or harmful and shall promptly substitute it/them with environmentally safe cleaning materials. The Contractor shall provide the COTR with MDSD sheets for new chemicals to be used. By January 31 of each year, the Contractor shall forward an updated inventory of chemicals being used.

4.7.6. The Contractor shall comply with current OSHA regulations regarding the use, training and record keeping of chemicals used in the performance of this contract. The Contractor shall provide or make available for Government inspection, copies of necessary documentation to ensure compliance with OSHA requirement.

4.7.7. The Contractor shall use equipment in the performance of the cleaning services that are of the type and of sufficient capacity to assure high quality work.

4.8. Hours of Performance. The Contractor’s hours of performance shall provide ample time to comply with the required serving hours, the preparation required for serving, and the subsequent cleaning of the facility. The full-service serving hours, with no closures between breakfast and lunch, for the cafeteria services are:

Breakfast:

6:30 a.m. – 10:00 a.m.

Lunch

11:00 a.m. – 2:00 p.m.

4.8.1. The Contractor may submit a written request to the COTR to adjust/modify the serving hours, subject to approval of the Contracting Officer.

4.8.2. The Government may also request adjustment/modification of serving hours. The Contracting Officer will initiate such a request.

4.8.3. The Contractor may be required to periodically provide evening meals, service on Saturdays and/or Sundays, luncheon meetings, catering, and/or special functions. The Contracting Officer will provide fourteen (14) days written notice or request to the Contractor, as appropriate, prior to required additional services, unless it is a matter of emergency preparedness which will require immediate response.

5.0 PERSONNEL.

5.1. General. The Contractor shall provide an adequate number of personnel, free of any communicable disease, possessing “people skills,” the food handling and sanitation skills, knowledge, training, licensing and certifications needed to satisfactorily perform all work required by this contract. Personnel shall be able to read, write, speak, and understand English and perform in accordance with the contract.

5.2. Project Management. The Contractor shall designate a qualified on-site Cafeteria Manager and an alternate individual who each has the authority to supervise personnel and act for the Contractor on a day-to-day basis for all cafeteria and personnel related matters. The Cafeteria Manager or alternate shall be available 24 hours per day, 365 days per year, by paging or electronic messaging services provided by the Contractor for purposes of emergency preparedness.

5.3. Key Personnel. The Cafeteria Manager is identified as Key Personnel. The Cafeteria Manager shall possess the Serv-Safe certification. There should be a minimum of four employees not including the Cafeteria Manager working in the Cafeteria on a daily basis. It is recommended but not required to have a backup person available for call-in purposes with a full background investigation completed.

5.4. Removal of Personnel. The Contractor shall promptly remove, or deny access to any personnel whose conduct is determined by the Contractor or Government to be inconsistent with the best interests of the government or on matters of security or overt evidence of communicable disease. The Contractor shall continue to perform contract services following the removal or denial of access to any personnel.

5.5. Dress Requirements. Contractor personnel shall present a clean, well-groomed, uniform appearance at all times while performing on this contract and shall wear some form of professional identification, customary to the industry.

5.6. Training. Contractor employees shall be trained annually in the areas of Food Handling, Sanitation, Nutrition, Hazardous Material (Material Safety Data Sheet – MSDS), Personal Protective Equipment, Fire Prevention and Protection, Civil Defense Drills, and Exposure Control. All training shall be documented by the Contractor and on file and available to be viewed by the COTR prior to any Contractor employees beginning to perform services under this contract or at any time during performance of this contract. Compliance with training requirements will be checked annually.

5.7. Contractor Assistance. The Contractor shall cooperate with Governmental authorities in any administrative, civil, or criminal proceedings, including providing documentation related to employees or performance under this contract.

5.8. Wages. The Contractor is responsible for paying wages that, at a minimum, are required by the Department of Labor Wage Determination.

6.0 QUALITY ASSURANCE.

6.1 The Contractor shall adhere to the requirements of the latest version of the FDA Food Code, and Federal, State and local regulations regarding sanitation and food safety. The Contractor is also responsible for passing all Federal, State and Local food establishment inspections. The Contractor shall be responsible for and shall pay all fines, if any, associated with the failure to pass an inspection.

6.2 Daily inspections will be conducted by the local IRS inspector for compliance with requirements and expiration dates.

7.0 ENVIRONMENTAL RESPONSIBILITY. The Contractor shall be responsible for all fines, fees, citations, etc., due to negligence that results in environmental issues. Removal of fryer waste oil and other kitchen waste is the responsibility of the Contractor.

8.0 EMERGENCY/HAZARDOUS CONDITIONS.

8.1. Upon award of the contract, the COTR will provide the Contractor with a current Occupant Emergency Plan. The Contractor shall be responsible for compliance with the plan.

8.2. Contractor employees shall be trained annually for fire and Civil Defense drills, including the operation of fire extinguishers and the operation of different types of fire equipment available to them within the cafeteria area.

8.3. In emergency situations, such as inclement weather, the on-site Cafeteria Manager or alternate shall contact the COTR for approval to open late or close early. The COTR shall notify the CO in writing of any such event requiring opening or closing and then the CO will provide written confirmation of this approval to the Contractor upon return to work. If the COTR is unavailable, it is the responsibility of the Contractor to call the IRS-ECC’s Employee Information Line emergency telephone number at 1-866-743-5748, and enter Option 3. Callers will receive emergency information about Martinsburg by pressing “1” for “Headquarters and Field Locations” and entering “WV” (98) for West Virginia, then pressing the # for Martinsburg to confirm the Center’s operating time. It is expected that the Cafeteria will remain open during all inclement weather conditions based on the Center’s history.

8.4. The Contractor shall be responsible for unsanitary or hazardous conditions that are dangerous to anyone using the cafeteria. This shall include any employee, agent or representative of the Contractor, Federal employee, or other patrons of the cafeteria facility and shall be applicable to any portion of the facility that is under the jurisdiction of the Contractor. In the event a health hazard endangering patrons of the cafeteria facility is identified, upon notification by the COTR, the CO may issue a written notice requiring the Contractor to close all cafeteria operations.

8.5. The Contractor shall notify the Security Command Center at (304) 264-7144 in the event of fire or any other emergency.

9.0 CONTRACT TRANSITION. Upon notification of a change in the contractors, the Contractor shall:

· Provide the Government and/or new contractor access to the cafeteria area;

· Provide the new contractor access to the incumbent contractor’s employees;

· Allow for the public posting of a suitable recruitment notice within the facility;

· Coordinate the removal of Contractor-owned equipment with the COTR, if necessary;

· Coordinate a joint inventory of all Government furnished property with the COTR.

10.0 GOVERNMENT FURNISHED EQUIPMENT.

10.1. General. The Government, at its own expense, will provide, install, and permit the Contractor to use the equipment listed in Attachment 2, and any additions thereto. The Government will replace equipment, component parts of, and make repairs to such equipment that it has provided, as it deems necessary. The Government will provide all necessary utilities for the operation of the concession as part of this contract. Such utilities shall include electric, water, sewer, HVAC and so forth. A phone line will be made available to the Contractor. Additional lines shall be the responsibility of the Contractor.

10.2. Maintenance and Repair. The Government will provide preventive maintenance services in accordance with the manufacturers suggested maintenance guide or the Government’s maintenance guide for each individual piece of Government-owned equipment.

11.0 CONTRACTOR-FURNISHED ITEMS.

11.1. All required equipment, utensils, and property not provided by the Government are Contractor furnished items and are at no cost to the Government. The Contractor is responsible for all maintenance, repairs, replacement (loss, wear, breakage, or obsolescence), parts, and training for Contractor-furnished equipment and property. The Government will not be responsible in any way for loss or damage occasioned by fire, theft, “acts of God,” accident, or otherwise to the Contractor’s materials, supplies, or equipment stored on Government property. The Contractor is required to use the standard plugs to fit NEMA 5-20R, 20-amp, 120-volt receptacles unless specified otherwise and is subject to inspections by the Government for compliance.

11.2. The Contractor shall submit a complete physical inventory and item prices of all equipment, which will be furnished by the Contractor in performance of this contract. The inventory listing shall be provided to the COTR within fourteen (14) days after contract award. The inventory listing will be verified and signed by the COTR and a signed copy provided to the Contracting Officer and the Contractor.

11.3. The Contractor shall be solely responsible for all costs associated with Contractor-furnished/owned items.

11.4. The Contractor shall not be responsible for costs associated with Government -furnished items, unless determined to result from the fault or negligence of the Contractor.

11.5. At a minimum the Contractor shall provide the following:

i. Cash Registers (2)

ii. Credit/Debit Card Machine (1)

iii. Juice Dispenser

iv. Non-carbonated Drink Dispenser

v. Ice/Coca-Cola and Pepsi Dispensers (2)

vi. Steam Table/Counter Inserts

vii. Register Scales (2)

12.0 RESPONSIBILITIES OF THE GOVERNMENT.

12.1. The Government agrees to grant to the Contractor, subject to the contract requirements and conditions herein, the right to establish, manage and operate the cafeteria in the Main Building as described herein and in connection therewith to prepare and sell food, nonalcoholic beverages and such other products as the Government may authorize.

12.2. The Government will provide space for operations under the contract, as it may deem necessary or desirable. The Government will provide adequate ingress and egress, including a reasonable use of existing elevators, corridors, passageways, driveways, and loading platforms. The Government will, as it deems advisable, provide space, HVAC, and utilities. Security requirements during construction periods may cause delays in ingress and egress, and alternative routes may be required for deliveries and trash removal. In addition, the Government will:

12.2.1.1. Make such improvements and alterations as the Government may deem necessary or desirable to prepare or recondition assigned space for the Government’s intended purpose, including improvements and alterations necessary to conform to applicable sanitary requirements or energy efficient requirements;

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

13.0 FOOD RECALLS. In the event of a product recall by the U.S. Department of Agriculture (USDA) or the manufacturer, the Contractor shall immediately remove all recalled items from the cafeteria from use.

14.0 REPORTING REQUIREMENTS.

14.1. Monthly Statements. The Contractor shall provide monthly copies of the routine monthly (or every four weeks) profit and loss statements to the Contracting Officer and the Contracting Officer’s Technical Representative (COTR) for review within fifteen (15) days of the end of the previous month accounting period. The Contractor shall provide the Profit/Loss Statement {GSA Form 2817, Monthly (Or 4 Week) Profit/Loss Statement}, or a substantially similar report. The Contracting Officer and COTR shall, as required and necessary, examine all phases of the financial operation of the cafeteria and sundry stands, if any. It is required that the Contractor average the accumulation of daily patronage data results to provide this monthly report, with an annual summary, report to the COTR. This patronage and check average information report need not be certified. The following information relative to patronage and sales (Operational Sales) should also be included in the monthly report to the COTR:

Cafeteria Daily

Total

Average

Schedule Time

Patronage Sales

Check

Breakfast XX:XX a.m. to XX:XX a.m.

$XXX.XX

$XXX.XX

Lunch XX:XX a.m. to XX:XX p.m.

$XXX.XX

$XXX.XX

14.2. End of Year Statements. The Contractor shall certify and submit end of fiscal year profit/loss statements to the Contracting Officer and the COTR. The Contractor shall provide the cumulative monthly and annual summary statements the last business day of October.

14.3. Final Profit/Loss Statement at Expiration or Termination of Contract. The Contractor shall submit a final monthly Profit/Loss Statement upon the expiration or termination of the contract. Any payments due the Government or anyone else must accompany the final monthly Profit/Loss Statement. The Contractor shall submit the final Profit/Loss Statement within thirty (30) days of expiration or termination.

15.0 SECURITY.

15.1. Security Policy and Procedures. The Contractor shall strictly adhere to all IRS security policies and procedures, including background investigations and other requirements pursuant to Homeland Security Presidential Directive 12 (HSPD-12). The Security Policies and Procedures apply to all Contractor employees, temporary or permanent, delivery drivers, and subcontractors.

15.2. Identification Badges.

15.2.1. Upon the receipt of an approved security report, the Government will provide the Contractor with a Government produced IRS Contractor photo identification badge for each Contractor employee.

15.2.2. The Contractor shall ensure that all employees have a signed IRS Contractor photo identification badge before employees report for performance under the contract and shall display it at all times during performance hours. The badge shall also be shown upon request.

15.2.3. The Contractor shall ensure the availability of employees to allow the IRS to produce photo identification badges on a schedule mutually agreeable with the COTR.

15.2.4. All badges shall stay on-site at all times. Contractor employees shall pick up their badges daily at the entrance desk when starting their work shift and return them upon leaving the site at the end of their work shift.

15.2.5. The Contractor shall immediately report lost badges to the COTR. Replacement badges may be the responsibility of the Contractor.

15.2.6. The Contractor shall return badges of employees dismissed or terminated to the COTR.

15.2.7. The use of photo identification badges will be at the option of the Government.

15.3. Security Clearance Requirements (Non-Classified Contract).

15.3.1. The Contractor shall provide the required information to the COTR in accordance with the IRS HSPD-12 Guidelines necessary to complete the National Background Investigation Center (NBIC) investigation package for each of their employees requiring access to the IRS location. The Contractor shall ensure that each block on the form(s) is/are completed prior to submittal for employees before entrance for contract performance. If the COTR received an unsuitable report on any employee after processing of these forms, or if the COTR finds a prospective employee to be unsuitable or unfit for their assigned duties, the Contractor will be advised immediately, in writing, that such employee cannot continue to work or be assigned to work under this contract. A normal NBIC requirement for a new Contractor employee is a Basic Background investigation. However, the Government may require the cafeteria manager, alternate cafeteria manger and the cashier to obtain a higher-level background investigation {National Agency Check with Law and Credit (NACLC)} in order to access IRS email and internet accounts.

15.3.2. The Government shall have, and exercise, full and complete control over granting, denying, withholding or terminating clearances for employees. The Government may, as it deems appropriate, authorize and grant temporary clearance to employees of the Contractor. However, the granting of a temporary clearance to any such employee shall not be considered as assurance that full clearance will follow as a result or condition thereof and the granting of either temporary or full clearance shall in no way prevent, preclude or bar the withdrawal or termination of any such clearance by the Government.

16.0 DELIVERABLE

17.0 PERFORMANCE SUMMARY

The Government will evaluate the Contractor’s performance on a quarterly basis and by the fifteenth (15) business day of the following month, determine the performance incentive based on customer satisfaction results and input by the COTR.

Performance Standard

Quality Level

FOOD/ SERVICE

MENU

CLEANING

5.7.5

QUALITY ASSURANCE

REPORTING REQUIREMENTS

Exhibit A – “Sample” Menu (Portions Included)

Prices

Beverages

Wakin' Up

Egg & More

Omelets - 3 eggs Pancakes , French toast

Sweet Shoppe

Grill

Va Ham

New York Deli

Any Deli Sand / Grill on a 6-7 " roll no extra charge

Sandwich on choice of Bread, wrap or roll with Lettuce & tom 2 sl

Coffee

PIZZA

Salad & Breakfast Bar

Fruits & Grains

Souper Soups

Chef's Choice & Oregionalities

*Portion size varies according to item combinations & specials. Entrées include 2 sides

Entrees Range from $4.60 to $4.99 and some entrées include sides & some include drinks

Side Dishes

Attachment 1

Government Furnished Equipment

· Four Exhaust hoods including two with fire extinguishing system;

· One Utensil pan hanging rack;

· Two Grills;

· One Salamander broiler with grill;

· One Double-fryer/filter assembly;

· One Mobile work table with utensil rack;

· Two Tray return racks;

· One Lot Tray counter component with utensil slots;

· One Preview table;

· One Entrée counter;

· One Specialty counter;

· One Roll-in refrigerator;

· One Pan Rack;

· Three Back counters;

· One Stable table with faucet

· One Pass-thru hot cabinet;

· One Reach-in refrigerator/freezer;

· One Reach-in refrigerator;

· One Pizza counter;

· One Pizza prep counter

· One Pizza conveyor oven

· One Rack storage for #10 cans

· One Microwave

· Three Straw/Tea/Lid Dispensers

· Three Front Counters with Sinks

· One Refrigerated Soup/Salad Bar Unit

· Two Beverage Ice Machines

· One Countertop Toaster

· Five Commercial Toasters

· One Large Soup Kettle

· One Double Kettle

· One Hamburger/fry warming cabinet;

· One Hot dog roller grill/bun warmer;

· One Deli/grill counter;

· One Pizza warming/display cabinet;

· One Refrigerated condiment pump dispenser;

· Two Beverage counters;

· One Coffee brewer;

· Two Condiment dispensers;

· One Soup/salad bar counter;

· Two Ice machine/bins;

· Two Cashier counters;

· One Dishwasher;

· One Lot Dry storage shelving;

· One Lot Walk-in Freezer cold storage assembly;

· One Lot Walk-in cold storage refrigeration system;

· One Lot Walk-in cold storage shelving;

· Four Beverage system/racks;

· Four Utility carts;

· Five Storage shelving;

· Two Garbage disposals;

· One Food chopper (in storage);

· Three Ingredient bins;

· One Slicer/stand;

· One 20 Quart mixer/stand;

· One Convection steamer;

· Two Trench drain liners/grates;

· One Double-deck convection oven;

· 24 Each Booths (fabric material);

· 200 Each Trays (estimated);

· Four Wooden Trash receptacles;

· One Trash Bin

· 56 Tables (approximately);

· 200 Chairs;

· One Personal computer with black/white printer, (background investigation required);

· Other food service equipment that is constructed as part of the building and affixed to the structure.

Attachment 2

PERFORMANCE INCENTIVE DETERMINATION PLAN

FOR

CAFETERIA SERVICES

Solicitation #TIRNO-10-R-00026 Martinsburg Enterprise Computing Center

Kearneysville, WV

August 25, 2010

PERFORMANCE INCENTIVE DETERMINATION PLAN

Overview of Performance Incentive Determination Plan

A. Purpose

The purpose of this Performance Incentive Determination Plan (PIDP) is to outline the basic procedures and criteria for the periodic evaluation and the determination of the amount of the performance incentive the Contractor providing cafeteria services at the Enterprise Computing Center (ECC) will receive for performance that provides outstanding customer satisfaction.

This plan identifies the personnel responsible for the determination of the amount of the performance incentive each quarter, discusses (in general terms) performance monitoring, and sets forth guidelines for the Performance Incentive Determining Official (DO). This plan is developed unilaterally by the Government. Performance incentive determinations made by the Performance Incentive Determining Official (DO) are unilateral determinations.

The DO and the Contracting Officer’s Technical Representative (COTR) have the primary management responsibility for the fair, ethical and equitable administration of this plan.

B. Specific Contract Data This contract is a performance-based with an initial performance period commencing on October 1, 2010 through September 30, 2011, with four one-year option periods to potentially carry the contract through September 30, 2015. Should all option periods be exercised, the contract shall cover a total of 60 months.

The Contractor is required to provide the management, supervision and all necessary labor, materials, supplies required to provide cafeteria services. The Contractor’s specific responsibilities are outlined in the Performance Work Statement (PWS).

C. Evaluation Periods Evaluation Period

Performance Incentive

Base Period:

Oct 1, 2010 through Dec 31, 2010

$25,000

Jan 1, 2011 through Mar 31, 2011

$25,000

Apr 1, 2011 through Jun 30, 2011

$25,000

Jul 1, 2011 through Sep 30, 2011

Option Period 1:

Oct 1, 2011 through Dec 31, 2011

$25,000

Jan 1, 2012 through Mar 31, 2012

$25,000

Apr 1, 2012 through Jun 30, 2012

$25,000

Jul 1, 2012 through Sep 30, 2012

Option Period 2:

Oct 1, 2012 through Dec 31, 2012

$25,000

Jan 1, 2013 through Mar 31, 2013

$25,000

Apr 1, 2013 through Jun 30, 2013

$25,000

Jul 1, 2013 through Sep 30, 2013

Option Period 3:

Oct 1, 2013 through Dec 31, 2013

$25,000

Jan 1, 2014 through Mar 31, 2014

$25,000

Apr 1, 2014 through Jun 30, 2014

$25,000

Jul 1, 2014 through Sep 30, 2014

$25,000

Option Period 4:

Oct 1, 2014 through Dec 31, 2014

$25,000

Jan 1, 2015 through Mar 31, 2015

$25,000

Apr 1, 2015 through Jun 30, 2015

Jul 1, 2015 through Sep 30, 2015

Each performance evaluation will be completed within 20 days after the end of the quarterly evaluation period. The evaluation is considered complete on the date the Contracting Officer’s written notification of the approved performance incentive amount is sent to the Contractor’s corporate office.

D. Performance Incentive Amount The performance incentive amount will be based on the customer’s (IRS’s) satisfaction with the Contractor’s performance during each evaluation period. The performance incentive amount will be determined by the DO in accordance with this plan.

The Performance Incentive may not exceed 100% of the maximum amount for the quarter stated in the plan and Section B of the contract.

E. Performance Incentive Plan Change Procedure The Government has the unilateral right to modify performance incentive criteria as required to meet program needs. Any changes to this Performance Incentive Plan shall be provided to the Contractor through written modification signed by the Contracting Officer (CO) at least 15 calendar days prior to the start of each performance incentive period.

Should the Contractor have an objection to any revised or new criteria, a written appeal must be submitted to the CO within seven (7) days of the receipt of the revised plan. The CO shall render a decision in the time remaining prior to the start of the new performance incentive period. The determination of the CO shall be final and cannot be appealed.

SECTION I: PERSONNEL INVOLVED IN THE PERFORMANCE INCENTIVE PROCESS

1. Contracting Officer’s Technical Representative (COTR)

The COTR, as appointed by the CO, has overall responsibility for the technical requirements of the contract including monitoring, assessing, recording, and reporting the technical performance of the Contractor on a continuous (day-to-day) basis.

In addition, the COTR will monitor ECC campus employees’ opinions regarding the contractor’s customer service as well as the contractor’s:

Perceptiveness in determining the “wants” of the employees at the ECC campus and resourcefulness in finding methods for fulfilling those “wants.”

Ingenuity in developing original ideas to promote improvement in food service operations and customer satisfaction; and, Communication with the employees at the ECC campus to determine their customer satisfaction.

The COTR is responsible for:

Preparing a written performance report addressing the contractor’s customer service for the quarter.

Presenting the report to the DO.

Documenting all customer complaints and comments. This documentation will be maintained throughout contract performance in the COTR’s Quarterly Performance Evaluation Report and Contract Files. The recording of an unsatisfactory event must be supported by sufficient information to provide the reader with a clear understanding of the significance of the event and its impact.

Providing the CO with the amount of the performance incentive to be awarded each quarter.

Providing the CO with changes to the Performance Incentive Determination Plan.

2.

Contracting Officer (CO)

The CO is responsible for:

Reviewing the COTR’s quarterly report to ensure that the COTR’s findings support the DO’s performance incentive amount decision. If there are discrepancies or inconsistencies with the rationale, the CO will work with the COTR and the DO to identify a mutually acceptable resolution and/or adjustment.

Sending written notification of the amount of the performance incentive to the contractor’s corporate office to enable the contractor to invoice for that amount.

Issuing contract modification each quarter to notify the contractor and Beckley Finance Center of the performance incentive award amount.

Issuing contract modifications to change this performance incentive plan.

3.

Determining Official (DO)

The DO is responsible for making a fair, ethical and equitable determination of the performance incentive each quarter and documenting that decision.

The CO shall consider the COTR’s quarterly customer satisfaction report and may also consider the following areas in determining the amount of the performance incentive to be awarded each quarter:

Contractor’s perceptiveness in determining the “wants” of the employees at the ECC campus and resourcefulness in finding methods for fulfilling those “wants.”

Contractor’s ingenuity in developing original ideas to promote improvement in food service operations and customer satisfaction; and, Contractor’s communication with the employees at the ECC campus to determine their customer satisfaction.

The DO may, at his/her discretion, request contractor input into his/her quarterly award decision. The DO may request contractor input each month or for any one or more months the DO desires.

Based upon COTR’s report and the DO’s personal knowledge of the contractor’s operations and interaction with ECC Campus employees, a quarterly assessment of the Contractor’s performance will be made within 20 days after the last day of the evaluation period.

The DO will draft the Incentive Determination Letter to the contractor’s corporate office and send it to the CO for review to ensure a sound rationale is given for the amount of the determination. The letter should include narrative statements of strengths and weaknesses, providing areas the contractor may want to consider for improvement in their upcoming assessments for the Performance Incentive.

SECTION II: PERFORMANCE INCENTIVE DETERMINATION PROCESS

· Approximately twenty (20) days after the end of the evaluation period, the DO will review the COTR’s customer satisfaction report for the previous quarter.

· The DO may ask the contractor for input into the Performance Incentive Determination.

· The DO will prepare, sign and date the Performance Incentive Determination Letter to the contractor’s corporate office and send it to the CO.

· The CO will send the Letter to the contractor’s corporate office and a modification stating that the contractor may invoice for the amount of the performance incentive, the period for which the performance incentive is being provided and deobligate any remaining funds.

· Upon receipt of the DO Decision Letter, the Contractor shall submit an invoice for payment of the performance incentive. Payments from the performance incentive pool will be made within 30 days after receipt of invoice, following each evaluation period.

SECTION II

52.212-4 Contract Terms and Conditions—Commercial Items.

Contract Terms and Conditions—Commercial Items (June 2010)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived…