Attachment 1 - SOW v3.pdf

Section C – Statement of Work

1. Scope of Work

The Contractor shall establish and operate in the Contractor’s name, a foodservice facility for the purpose of dispensing food, nonalcoholic beverages and such other items as may be authorized by the Government, in accordance with all terms and conditions specified herein. Justice Management Division (JMD) is providing a maximum of $2000 per month to offset vendor costs per month. The vendor will establish their estimated costs per month and estimated gross profit to breakeven. JMD will agree to subsidize their expenses up to $2000 per month to maintain the cafeteria for the employees and guests of Main Justice/RFK. JMD will audit the vendors financial records each month prior to authorizing the subsidy.

The foodservice facility includes one main cafeteria, private dining room and catering services. The foodservices are to be operated for the benefit of approximately 1,000 occupants of the U.S. Department of Justice (DOJ), RFK Main Justice (RFK) Building located at:

950 Pennsylvania Avenue, NW Washington, DC

The Government shall not be held responsible for any variation from this employee population figure.

2. Definitions

CO Contracting Officer or their representative as delegated by

CO.

Contractor Foodservice Management Contractor

COR Contracting Officer’s Representative (appointed by the CO)

“Foodservices” or “Foodservice Facilities”

Main Cafeteria, Private Dining Room, Micro-Market, Vending Services and Catering Services

General and Administrative (G&A) Expense

Contractor’s administrative cost or overhead

Government U.S. Department of Justice

DOJ U.S. Department of Justice

3. Background

The RFK Building has been without a full-service cafeteria since January 25, 2020. The RFK Building located at 950 Pennsylvania Avenue, N.W. Washington, D.C., is within the Federal Triangle. This building is on a block bordered by Pennsylvania Avenue to the north, 9th Street to the east, Constitution Avenue to the south, and 10th Street to the west. Surrounding buildings are primarily federal buildings and require special access procedures. However, a large concentration of commercial foodservice operations within a comfortable walking distance (10 minutes) is accessible to these federal employees north of 950 Pennsylvania Avenue. Since the RFK Building occupies an entire block, access to other buildings or commercial establishments requires crossing a major street or avenue.

4. Workforce Profile

A. Current and Projected Population

The building population is approximately 1,000 occupants. The population is expected to have only modest growth in the foreseeable future. There are currently a large number of DOJ employees in nearby buildings that may frequent MAIN for meetings or lunch.

A. Demographics

The work force, as the headquarters for the DOJ, is comprised of a high proportion of senior level employees.

B. Relevant Policies and Staff Trends

Policies in effect at DOJ that will have an influence on the use of the cafeteria include:

• Food is permitted at desks and in break rooms.

• Most DOJ employee’s personnel take one hour for lunch.

• Approximately 75% of staff commutes via public transportation.

• Most staff who commute to work in privately owned vehicles utilize parking garages within a three-block radius of the RFK Building.

• Flexible schedule programs are in place for DOJ personnel.

• Many people have domestic-style coffee makers, microwave ovens, and small refrigerators within their office suites.

• Visitors must always pass through security and be escorted while in the building.

5. Objectives for Foodservice

The overall objectives for foodservice in the cafeteria are summarized in the following points.

• Full-service cafeteria with a salad bar, hot entrees, grill, deli station offered daily.

• Operating for breakfast and lunch, Monday through Friday

• Catering services available.

• Menu to be a wide variety of hot, cold foods, including a full array of types of foods: grilled, baked, fried, raw (fruit and vegetable/salads).

• Menu to incorporate healthful food choices.

• Foodservice operator to provide well-trained employees to prepare and serve menu items.

• Prompt and courteous service from all employees.

• Clean and sanitary facility.

• Comfortable and pleasant dining environment.

• Ability to take out any menu item from the cafeteria.

• Reasonable prices (competitive with nearby establishments).

6. Description of Facilities

A. Background

The approximate sizes of the foodservice spaces are shown below.

AREA SQUARE FEET

Kitchen* 2,552 Serving area 2,640 Dining Rooms 4,275

Main Dining (198 seats) 3,600 Private Dining Room (24 seats) 675

Grand Total 13,742

* Includes storage, dish room, offices, employee toilets and lockers, and refrigerated trash room

B. Foodservice Menus and Concepts

Cafeteria:

Concept: Full-service cafeteria (as described previously) with dining areas, also take-out service within the RFK Building

China and flatware (stainless steel) wares and disposable wares for main dining.

Cafeteria Serving Stations and Minimum Menu Profile:

The menu profiles are based on the minimum acceptable level of service.

Contractor shall develop services consistent with competitive practices in the private sector (e.g., salad bars, special promotions, etc.). The Contractor will have the flexibility to change individual food items as needed. Below is a listing of items that were previously available at the RFK Building cafeteria:

Grill o Hamburgers, cheeseburgers, hot dogs, grilled sandwiches, French fries, etc.

o Breakfast profile: eggs to order, bacon, sausage, pancakes, French toast, hot cereal, and related breakfast items.

Hot Entrees o Hot Entrees (minimum of 2 per day

Deli Sandwiches, Made-to-order (MTO) o Comprehensive selection of meat and cheese and vegetarian sandwiches and appropriate side items.

Pizza/Pasta o Pizza, pasta entrees Soup, Bread, Salad Bar (island station) o Comprehensive assortment of fresh salad greens (minimum of two types), side items, toppings, dressings, soups and breads o Breakfast profile: Fresh fruit, cold cereals, muffins, croissants, and pastries

Desserts o Pies, cakes, cookies, brownies, fresh fruit, and other assorted desserts o Soft-Service Frozen Yogurt/Ice Cream

Cold Beverages o Dispensed carbonated beverages (10 flavors), and bottled and canned carbonated and non-carbonated beverages Hot Beverages o Coffee, Decaffeinated coffee, o Hot and Iced Teas

Quick Pick o Snacks/packaged goods, and Grab & Go items

Cashier Stations (2) Condiment Stations (2), in dining room o Water, napkins, utensils

Micro-Market:

Micro markets are self-service, unmanned vending facilities where the customer selects food, packaged snack, or drink items to be purchased and uses a kiosk to check out.

Pastries: Muffins, croissants, scones, cookies, brownies, and similar products Bottled waters, juices, specialty beverages Salads Sandwiches

7. Foodservice Opening Date

The cafeteria is scheduled to reopen on January 14th. Their will be a trial run date of the cafeteria December 8th, to ensure that everything will be ready for the full reopening on January 14th.

8. Hours of Service

A. Service Schedule

Foodservices shall be provided 5 days per week, Monday through Friday (except holidays observed by the Federal Government), at a minimum as follows. The operator may choose to be open additional hours. The following schedule presents the MINIMUM hours of operation.

Cafeteria:

Breakfast 7:00 a.m. – 10: a.m.

Lunch 11:00 a.m. – 2:00 p.m.

Micro-Market 7:00 a.m. – 5:00pm

B. Changes to Service Schedule by Contactor

Any request by the Contractor for changing the hours or days of service shall be submitted for approval of the Government.

C. The building is fully operational. On average the number of occupants per day will be 700-800 occupants.

10. Responsibilities of the Contractor

The Contractor shall provide prompt, efficient, and courteous service, and avoid undue interference with the operation of buildings in which services are provided.

Licenses and permits shall be obtained as required by District of Columbia authorities, and all applicable building, health, sanitary, and other regulations and laws shall be observed.

The Contractor shall employ sufficient and suitable personnel, secure and maintain insurance, maintain records, submit reports, and observe other contract requirements, all as more specifically set forth herein. The Contractor shall pay each and every fee, cost, or other charge incident to or resulting from operations under the contract. Reasonable care shall be exercised in the use of space and Government-owned equipment and, upon contract termination, the Contractor will yield such space and equipment in as good condition as when received, except for ordinary wear and tear, and damage or destruction beyond the Contractor’s control and not due to the Contractor’s fault or negligence.

A. Service and Recycling

The Contractor shall operate and manage the Foodservices in the Contractor’s name at DOJ. Patrons shall be required to remove trays, disposable wares/foods, from tables to the tray drop-off window. The Contractor shall provide busing service to remove any remaining trays and disposable wares/foods and assure that tables and chairs are kept clean.

In connection with the sale of refreshments for special occasions, the Contractor shall be required to furnish all necessary service wares and serving equipment for catering events, which will include disposable wares as well as china, glassware, and flatware.

Recycling: The Contractor shall, at its own expense and with approval of the Government, design and operate a comprehensive recycling program in the front and back areas of the facility that complies with local and District of Columbia laws and requirements for recycling. The items to be recycled include, but are not limited to:

recyclable plastic, cans (aluminum and steel), glass, cardboard, white paper, newspaper, and grease. The Contractor shall integrate recycled products into the building’s waste stream in accordance with the building’s program for recycling. The volume of any recyclable waste stream that is not incorporated into the building-recycling program shall be reported monthly to the CO.

The contractor shall provide post-consumer recycled paper napkins in Government food service facilities, and to the extent feasible, provide post-consumer recycled cups, cup holders, cup trays, food trays, food tray liners, paper bags and any other items as appropriate. Recyclable cups/lids shall also be provided for individual carryout service for beverages where feasible

The quantities of each type of recycled material shall be reported in writing monthly to the Government no later than the twentieth day of the subsequent month.

Contractor is encouraged to use environmentally safe products whenever possible.

Redistribution of Surplus Food: The Contractor shall comply with the Bill Emerson Good Samaritan Food Donation Act of 1996; wherever practicable, excess food and apparently fit grocery products shall be donated to non-profit organizations for distribution to needy individuals to assure that no such food goes to waste that can be provided economically to persons in need.

B. Menus and Prices

It shall be the responsibility of the Contractor to provide a variety of quality prepared foods. The Contractor shall meet business and industry standards of quality and nutrition, and comply with and support the 1990 and all-subsequent revisions of U. S.

Dietary Guidelines (i.e., offer foods low in total fat, saturated fat, cholesterol, sodium, sugar; such as lean meats, low-fat dairy products, vegetables, fruits, and grain products).

The Contractor shall use only vegetable oils low in saturated fats and in minimal amounts in its recipes, and in deep frying, pan frying, grill frying and baking. The variety and appearance of food in the Foodservices on each operating day shall be consistent with approved food service industry standards for comparable “business and industry” cafeterias. Contractor shall meet regularly with Government representatives to discuss mutual objectives, including but not limited to service levels, promotions, menus, customer requests, and marketing.

1) Prior to the start date of service, the Contractor shall provide to the Government a complete Price/Portion book for the account. Prices shall remain the same for at least the first full year of operation. Any changes to the menu prices or portions or items offered for sale shall be submitted to the Government 30 days in advance of intended effective date, with final approval by CO prior to making the changes. Notice to the patrons must be posted 7 days prior to the on-site implementation.

2) The Contractor shall make a reasonable effort to adhere to the food cost ranges submitted in its proposal. Representatives of the Government will examine the Contractor’s food, labor, and other costs at regular intervals to ensure the adequacy of the Contractor’s cost control procedures.

3) During each serving period, easy-to-read menus with prices listed shall be prominently displayed for the information of patrons. Menus shall be posted at or near the Foodservice entrance as well as near the service points within the server and online.

C. Equipment and Utensils Provided by the Contractor

1) All required equipment and utensils not provided by the Government under the provisions of Responsibilities of the Government, section 11, shall be provided by the Contractor who shall replace such equipment and utensils when necessary because of loss, wear, depreciation, breakage, or obsolescence.

Equipment and utensils provided by the Contractor shall be of a quality in keeping with that provided by the Government as determined by the Government. The Contractor shall provide all necessary food service equipment and utensils of the general character listed below:

Cash registers (Point-of-Sale systems) Chinaware (plates, bowls), and flatware (stainless steel), Containers and cans, all types Dispensers, napkins

Furniture, office Glassware (for catering) Inserts, steam table and counters Machines, office and cash handling Kiosks Menu boards, letters, price markers Racks, dish machine storage Safe Scales, food preparation Sharpeners Telephone Equipment (outside line service paid by Contractor) Flatware (Stainless Steel) Trash receptacles

Trays Utensils and kitchenware

Vehicles

Note: The Contractor shall provide preset electronic cash registers which will perform the following functions: Data entry display, preset item keys, printing, audit control, storage of operating totals, menu items sold tallies, transaction counts per half-hour, central polling of data, automatic tax computation, multiplication and other computations.

2) A physical inventory, item priced, shall be made of all equipment provided by the Contractor. An approved copy signed by the Government or his authorized representative, shall be filed with the contract.

3) All items provided by the Contractor shall be of good quality, suitable for the purpose of its intended use, and consistent with the quality of the various items provided by the Government. All equipment furnished by the Contractor shall be subject to approval of the Government.

D. Sanitation and Quality

1) The Contractor shall serve tasty, appetizing, and quality food, under clean and sanitary conditions in accordance with the provisions and recommendations contained in the Food Service Sanitation Manual, Public Health Service, Publication No. (FDA) 78-2081. All foods served shall be wholesome and free from spoilage, free from adulteration and misbranding, and safe for human consumption. Uncooked items, such as fresh fruits, shall be clean and free from blemish. All foods shall when served, be attractive in appearance and correct in temperature and consistency. They shall be crisp, moist, dry, tender, etc., as may be appropriate in each case.

2) All employees assigned by the Contractor to perform work under this Foodservices contract shall be physically able to do their assigned work and shall be free from communicable diseases. The Food Service Sanitation Manual, Public Health Service Publication No. (FDA) 78-2081, and all local codes and regulations relating to food service sanitation and procedures shall be adhered to by the Contractor.

3) The Contractor is required to develop a Hazard Analysis and Critical Control Point (HACCP) plan and send a copy to the COR prior to opening.

Information on developing the plan is contained in the Food Code 1999 published by the Public Health Service and the Food and Drug Administration of the Department of Health and Human Services.

E. Personnel and Supervision

1) The Contractor shall employ sufficient personnel to maintain sanitary conditions and satisfactory service which will ensure prompt and efficient service at all times. All employees shall be sober, conscientious, neat, and courteous. The Contractor must at all times provide an adequate staff of food service employees to perform the varied and essential duties inherent to a successful food service operation. Employees who will have contact with customers must speak and understand English.

2) The Contractor is required to provide a professional, full-time, qualified food service person to act as general manager of the facility. The on-site general manager will be subject to the approval of the Government. At a minimum, the general manager shall have had two years consecutive experience in a position of comparable responsibility.

The Contractor’s general manager shall be delegated the authority, and shall be able to effectively manage the day-to-day effective operation of the DOJ Foodservices relative to supervision of personnel and training, menu planning, purchasing, cost control, sanitation, etc. The general manager, unit managers, or assistant managers must always be onsite at the foodservice locations that they are open, for the duration of this contract.

The Contractor’s general manager shall be replaced, on 30 days’ notice, upon request of the Government for operational deficiencies determined to be a result of inferior direct management. A representative of the Contractor, other than the above general manager, shall visit all facilities periodically, at times agreed upon by the Government and the Contractor for general supervisory purposes; and a representative of executive status shall visit the facilities to resolve issues requiring attention upon 48 hours advance notice from the Government. Key personnel shall include, at a minimum, the on-site general manager, and the next higher level of authority.

3) The Contractor’s employees shall wear a distinctive item of clothing such as a badge, cap, armband, blouse, or uniform as a means of identification during the time they are in the building. The Contractor’s employees shall wear proper uniforms, including disposable gloves, hairnets, and/or head covers for food handlers during the time they are performing their duties in the building.

Legible nameplates identifying each employee shall be provided by the Contractor and displayed as part of the uniform.

4) The Contractor’s employees shall be required to change their clothing in the locker area and restrooms provided for that purpose and to maintain the locker area in a neat and clean condition.

5) Employees of the Contractor shall be fully capable of performing the type of work for which they are employed.

6) The Contractor must provide adequate, trained relief personnel to substitute for the regular employees when they are absent in order to maintain a high-quality food service operation at all times.

7) The Contractor shall require the employees to comply with such instructions pertaining to conduct and building regulations as are in effect for managing persons in the building, or as may be issued for that purpose by Government representatives.

8) The Contractor is required to schedule an employee-training program that will continue for the duration of this contract and any extensions thereof, to ensure that its employees perform their jobs with the highest standards of efficiency and sanitation.

9) All articles found by the Contractor, the Contractor’s agents or employees, or by patrons and given to the Contractor, shall be turned in to the Government as lost and found items.

10) Contractor personnel must meet the DOJ’s requirements for access and any other screening procedures as instructed by the COR and/or SPM.

11) Contractors are not required to use union labor.

F. Trash and Grease Removal

The Contractor shall be responsible for all of its grease, trash, and garbage to be picked up at a frequency consistent with the volume of grease and trash generated by the normal operation of the facility. Contractor shall use the refrigerated garbage storage room for all wet garbage not put into the garbage disposals and dry garbage, which will be picked up periodically by outside trash and grease services, coordinated with the Government by the Contractor, arranged for and paid for by the Government.

G. Rodent Control

The Contractor shall maintain an effective program for the extermination of rodents and vermin in areas assigned for the Contractor’s use and shall coordinate its efforts with the programs conducted by the building custodial forces and according to Federal, District of Columbia, and local environmental codes. Any exceptions to this provision must be directed in writing by the CO. The need for Rodent Control services will be coordinated with the Government by the Contractor. The Rodent Control services will be arranged for and paid for by the Government.

H. Equipment Repairs

1) The Contractor shall adjust and continuously maintain in a satisfactory condition, all equipment and utensils used under the contract, regardless of whether the item was provided by the Government or by the Contractor. The Contractor shall be responsible for the repair cost (material, parts, and labor) of each Government-owned equipment item not to exceed $500.00 per repair.

2) The Contractor shall immediately notify the Government when such repair work is needed. The repairs shall be arranged for by the Government.

3) The Contractor is responsible for all costs associated with repairs and replacement of equipment damaged as a result of Contractor negligence or misuse.

I. Equipment Maintenance

1) The Contractor is required to perform a preventive maintenance program on all Government-owned equipment. The Contractor is required to select a qualified equipment maintenance source, approved by the Government. The cost will be paid for by the Government.

2) The preventive maintenance will be in accordance with the manufacturer’s suggested maintenance guide or the Government’s maintenance guide for each individual piece of equipment. Within 30 days after receiving the required maintenance guides from the Government, the Contractor shall submit to the Government an annual preventive maintenance schedule. The Government shall review and approve the maintenance schedule.

3) The Contractor shall forward to the Government, within 30 days after each month, the preventive maintenance work that was actually performed and the dates that each job was accomplished.

J. Cleaning and Janitorial Services

1) The Contractor agrees to furnish all labor, supplies, materials, equipment, and supervision sufficient to maintain the Foodservices areas in a clean, orderly, and sanitary condition at all times. The Government will assume the responsibility for cleaning the general dining areas and the common entry/ramp areas. All other areas shall be the responsibility of the Contractor.

Before beginning work the Contractor shall submit to the Government a list stating the name of the manufacturer and the brand name of the materials that the Contractor proposes to use in the performance of this work. The Contractor shall not use in connection with the work of this contract, any material which the Government determines would be unsuitable for the purpose, or harmful to the surfaces to which it is applied. Contractor shall follow the standards set forth in ASTM’S E1971-98 Standard Guide for Stewardship for the Cleaning of Commercial and Institutional Buildings. In addition, cleaners which cause adverse environmental and health effects shall be avoided when choosing cleaning solutions. Green Seal Standards for “Industrial and Institutional Cleaners (GS- 37)” may be referenced for more information on appropriate cleaners.

2) Hazardous Materials (See 52.223-3 in Section I)

3) Equipment used in the performance of the cleaning and janitorial services shall be of sufficient type and capacity to assure high quality work and shall meet with the approval of the Government.

4) Cleaning and janitorial services shall be performed at such levels of quality and quantity as to assure that the standards of cleanliness and sanitation specified in this document shall be met at all times. In every case the Government shall make the final determination of compliance with this requirement. Cleaning and janitorial services shall meet the highest standards of sanitation as previously established by Federal, District of Columbia, and Local Governmental authority, and as prescribed by the Government.

5) Failure to keep any of the facilities in a clean and sanitary condition satisfactory to the Government is considered as unsatisfactory performance of this contract. Alternatively, the Government may have the facility cleaned by other means and the cost of such work charged to the Contractor. The Contractor shall be responsible for the maintenance of the floors within the Foodservice spaces and may subcontract with a qualified commercial cleaning contractor to accomplish this work. If floor maintenance is to be performed by a sub-contractor, a copy of the subcontract is to be forwarded to the Government within 30 days of receipt of notice to proceed. Resilient tile floors are always to be kept clean, through appropriate methods of cleaning, waxing, buffing and periodic stripping. This includes corners and baseboards.

Spillages are to be cleaned up as they occur. Scuffmarks are to be removed prior to the start of each day of business. Hard floor surfaces, such as terrazzo, shall be kept clean and shiny at all times. There shall be a coating of floor finish sufficient to protect the hard surface from wear at all times. Other than this, they shall be treated in the same manner as resilient tile, described above. Carpeted floors are to be kept free of debris and dust. They are to be cleaned as the need arises including spot cleaning and periodic shampooing during low or non-traffic periods. Spillages are to be cleaned up as they occur.

6) The Government shall be responsible for the cleaning of all dining areas, common entry/ramp areas and exterior windows (outside and inside thereof).

The Government shall be responsible for the cleaning of Venetian blinds and drapes in the dining areas. All other areas shall be the responsibility of the Contractor.

7) Walls and ceilings are to be kept free of spotting, grease and soiled surfaces at all times. THIS DOES NOT APPLY TO HEATING VENTILATION AND

AIR CONDITIONING LOUVERS, LIGHTING FIXTURES OR OTHER

BUILDING EQUIPMENT THAT IS PART OF A GENERAL BUILDING

MECHANICAL SYSTEM.

8) Locker areas shall be kept clean. Employees shall use the restrooms adjacent to locker areas and no other part of the facility for the purpose of changing clothing. These designated areas (lockers and restrooms) shall not be used for food preparation, storage or service, or for utensil washing or storage.

Contractor is to keep locker area and the restrooms clean.

9) In the dining areas, exterior surfaces of all furniture shall be kept free of dust, dirt, debris, spillage, foreign substances and anything that might contribute either to potential food contamination or a degeneration in the appearance of the furniture. All spaces occupied or used by the Contractor shall be kept free of rust, mold and mildew. All furniture shall be kept free of food, dust, dirt, debris and stains, on all surfaces. Doors shall be kept free of food, dust, spillage, dirt, splash marks and spotting at all times. The Contractor shall monitor the designated common areas that are adjacent to the cafeteria during hours of foodservice operation. All foodservice related debris in these areas are to be removed. The Contractor shall perform minor sweeping and spot cleaning of debris resulting from spillage of foodservice items in all dining areas during normal operating hours.

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

Floors shall be kept completely mopped, free of all dust, dirt, debris, foreign substances and grease buildup. Surface vents of drains shall remain unclogged at all times. Stainless steel food preparation and serving tables, counters, and other external surfaces shall be kept free of dirt, dust, debris, grease buildup, algae and encrustation at all times.

11) Dry storage areas shall be kept clean. Floors shall be kept clean of dust, dirt, debris, grease and rust stains at all times. Office space shall be kept free of dust, dirt and debris on all surfaces. Floors shall be kept clean and free of dust, dirt, debris and scuff marks.

12) Where the Contractor temporarily stores trash and garbage at a central location to await removal from the premises, this location shall be kept free of pests, rodents and odors. The trash and garbage shall be kept in containers as specified in section 10(f) of this section. A refrigerated trash holding room is provided in the Foodservice Spaces. Contractor is responsible for trash (garbage) pick-ups. In so doing, Contractor shall comply with all Federal, District of Columbia and local laws and regulations pertaining to the environment.

13) Cleaning and janitorial services shall be performed on a regular schedule.

The following cleaning schedule shall be followed and can be increased at the request of the Government for the foodservice locations.

(a) DAILY.

(i) Sweep and damp mop kitchen including walk-in refrigerators.

(ii) Sweep, damp-mop and spray-buff as required resilient tile in dining areas.

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

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

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

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

(vii) Damp-wipe all doors and windows.

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

(ix) Clean locker areas.

(x) Spot-clean any soiled areas.

(xi) Minor cleaning of dining room area(s) during normal operating hours.

(xii) Trash holding areas

(b) WEEKLY

(i) Thoroughly clean chairs and table pedestals.

(ii) Steam-clean tray stands.

(iii) Clean hoods and filters in kitchen.

(iv) Spot-clean carpet.

(v) Spray wax and buff resilient floors.

(c) MONTHLY Clean all portable fans.

(d) QUARTERLY

(i) Thoroughly strip and wax all resilient tile floors.

(ii) Shampoo carpet as required.

(e) SEMI-ANNUALLY

(i) Perform high cleaning of pipes, louvers.

(ii) Thoroughly clean the tile walls in kitchen and dining areas.

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

Note: At times, the Government may require additional cleaning as deemed necessary. No work shall be performed on weekends or Federal holidays, without prior approval of the Government.

K. Security Areas

The Contractor shall be responsible for the security of all areas under the jurisdiction of the Contractor. Designated employees shall have the responsibility for determining that all equipment has been turned off, that windows are closed, lights and fans turned off, and doors locked when the Foodservices is closed.

The Contractor shall notify building security on a daily basis at the closing of the Foodservices facilities. The DOJ security personnel will have access to the Foodservice Facilities as needed for DOJ building operations and building security purposes.

Contractor's vendors who make deliveries to DOJ must follow DOJ procedures, including pre-registration of all delivery vehicles, and all drivers are required to have an approved NCIC check, (name, date of birth, place of birth and social security number required 2 days in advance) prior to making any deliveries inside the building.

L. Hazardous Conditions

In addition to paragraph (f) of the Service Contract Act of 1965 (as amended), the Contractor shall be responsible for unsanitary or hazardous conditions that are dangerous to anyone using the food facility. This shall include any employee, agent or representative of the Contractor, Federal employee or other patrons of the food service facility and shall be applicable to any portion of the facility that is under the jurisdiction of the Contractor.

M. Liability

The Government will not be responsible in any way for damage or loss occasioned by fire, theft, accident, or otherwise to the Contractor’s stored supplies, materials or equipment, or the employees’ personal belongings. Any personal injury or physical damage to the building or equipment resulting from fire or other causes shall be reported to the COR immediately.

N. Fire and Civil Defense Drills

The Contractor shall notify the fire department and building security in the event of fire. All of the employees of the Contractor shall be organized and trained to participate in fire drills including the reporting of fires. This shall be accomplished with the cooperation of the COR and the DOJ Occupant Emergency Plan. A copy of this plan will be given to the Contractor upon award and is available in the office of the COR.

O. Reporting Requirements

1) Routine monthly (or four week) statements

The Contractor shall furnish copies of the monthly (or four week) profit and loss statement of sales and expenses to the COR within twenty (20) days after the end of the monthly (or four week) accounting period. The COR shall, as required and necessary, examine all phases of the financial operation of the Foodservices.

Periodic physical inventories of all food stocks on hand shall be, taken by the Contractor, at least once each quarter. The quantities of each type of recycled material shall be reported in writing monthly to the COR no later than the twentieth day of the subsequent month.

The monthly report of recycled materials (quantities of each type) shall be submitted to the COR no later than the 20th day of the subsequent month.

The Contractor shall submit to the COR an Annual Preventive Maintenance (PM) schedule and, within 30 days after each month, a report of all PM work that was performed during that period, and the date that each job was accomplished.

2) Contractor certification of end-of-fiscal year statement

Foodservices Contractor shall certify its end-of-fiscal-year profit/loss statements of sales and expenses for submission to the CO.

The purpose of this requirement is to place greater emphasis on the Contractor’s responsibility to submit accurate and timely reports, while significantly reducing the need and frequency of administrative contract audits by DOJ personnel. The Contractor is required to provide to the COR the information, in the Table below, relating to patronage and sales, monthly for each operation on individual statements and provide one consolidated statement:

The following patronage and check average information report need not be certified. The collection of this information is authorized under Office of Management and Budget Control No. 3090-0021.

SCHEDULE TIME DAILY PATRONAGE CHECK

AVERAGE

Breakfast __ to __ ________ $______

A.M. Break __ to __ ________ $_______

Lunch __ to __ ________ $_______

P.M. Break __ to __ ________ $_______

Other (describe) _________________________________________

3) Equipment records

The Contractor shall acknowledge in writing to the CO receipt of the Government-owned equipment. At the beginning of the contract period, the Contractor shall submit to the CO a list of the equipment and utensils, which the Contractor will provide.

Throughout the contract period, and extensions thereof, the Contractor shall maintain current records of all equipment and utensils used in the contract operation, properly indicating thereon all additions, replacements and removals.

P. Operating Expenses

1) The Contractor is permitted to incur the usual type of operating expenses for Foodservices. Operating expenses are the actual net costs after deduction of trade discounts, cash discounts, rebates, etc., which accrue or which the Contractor becomes obligated to pay because of operations under the contract.

These expenses may include, but are not limited to:

a. The cost of food sold

b. Salaries and wages

c. Janitorial services

d. Depreciation

e. Repairs and preventive maintenance to the Government and Contractor owned equipment

f. Telephone service, including initial connections and internet service provider connections

g. Laundry

h. Postage

i. Insurance

j. Transportation of goods

k. Payment in lieu of rental

l. Supplies and materials

m. Rentals of catering equipment

n. Worker’s compensation

o. Payroll taxes

p. Other taxes and licenses

q. Employee benefits

r. Cost of decorations, posters, advertising handouts, etc. promoting special occasions or holidays. All activities of this nature to be confined to the interior of the cafeteria.

s. Trash/Garbage Pick-up Service

t. China, flatware

2) The following are not allowable as operating expenses under the terms of the contract, but are to be recovered as part of the G&A (General and administrative expense):

a) Payroll computations and disbursement of employee salaries.

b) Wages and salaries of home-office employees and general administrative, executive, and management officials for general supervision of the contract.

c) Accounting expenses, including costs of preparing financial reports.

d) Supervision of facilities by Contractor’s home office personnel.

e) Other wages and salaries to the extent that they exceed those normally paid for similar work in the locality, unless approved by the CO.

f) Home Office management costs, such as general management overhead, transportation of management personnel, and any other indirect management costs, as related to this contract.

g) Repairs necessary as the result of negligence of the Contractor or its employees.

h) Payment for forms and other supplies or stationery.

i) Other expenses incurred without the approval of the CO.

Q. Depreciation

The principles set forth in FAR 31.205.11 Depreciation, shall be used except that smallware’s (china, silverware, pots and pans, serving utensils, trays, etc.) shall be treated as follows:

1) The actual cost, minus 10% for salvage value, of the original inventory of smallware’s provided by the operator shall be amortized as an operating expense on a straight-line basis over a five-year period. The actual cost of replacement items required to maintain the inventory at its original level may be charged as an operating expense to the extent that such annual replacement cost does not exceed 1-1/4% of annual net sales. Costs incurred to increase the original level of the inventory and for replacement costs that exceed 1- 1/4% of annual net sales shall not be allowed as operating expenses unless specifically authorized in advance by the CO.

2) Upon the expiration or termination of this contract, the Contractor agrees to offer for sale to the Government or a successor Contractor, all smallware’s and equipment provided by the operator under this contract for an amount equal to the salvage value plus any un-amortized costs. The Government shall not be liable for such costs in the event it decides not to exercise its option to purchase or arrange for purchase of the aforementioned smallware’s and equipment.

R. Energy Conservation Guidelines

The Contractor shall be responsible for securing lights and Foodservices equipment at the facilities during periods of non-active (including kitchen) operations that are not essential for safety, security or sanitation.

The Contractor shall be liable for the estimated costs of utilities resulting from leaving such non-essential equipment and lights in operation during periods of non-active Foodservices (including kitchen) operations and for the additional estimated cost of utilities from failure to perform the preventive maintenance and repair requirements as stated in this specification.

S. Safety

The Contractor shall develop and implement safety and health programs consistent with 29 CFR 1910 as applicable to contractor operations. The contractor shall provide and maintain work environments and procedures that will safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities.

A written hazard communication program shall be prepared by the contractor in accordance 29 CFR 1910.1200 for protecting personnel and property during the transport, storage and use of hazardous materials. The contractor’s hazard communication plan shall address, as a minimum, the following:

Emergency procedures for spill response and disposal of hazardous materials.

Labeling system to identify contents on all containers on-site.

Current inventory of hazardous chemicals on site.

Location and use of Material Safety Data Sheets (MSDSs) at the Government jobsite.

Training (to include potential safety and health effects from exposure to hazardous substances).

11. Responsibilities of the Government

A. Contract to Operate the Facility

The Government agrees to grant to the Contractor for the stipulated period, subject to the contract requirements and conditions herein, the right to establish, manage and operate the cafeteria, coffee bar, catering, vending, and private dining in the DOJ Building as described herein and in connection therewith to prepare and sell food, nonalcoholic beverages and such other products as the Government may authorize.

B. Concession and Vending Stands

The Government reserves the right to permit the establishment of concession and vending stands to be operated by the State Licensing Agency under the Provisions of the Randolph-Sheppard Act (20 U.S.C. 107).

C. Facilities

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

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

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

3) At its own expense, provide, install, and permit the Contractor to use the equipment listed, and additional equipment of a similar type when required for expansion approved by the CO; provided, that equipment no longer needed for the contract operations may be withdrawn by the CO. The Government will replace equipment, which it has provided, as it deems necessary. Subject to adequate maintenance and repair of equipment by the Contractor (as required in Section C.10, Responsibilities of the Contractor), the Government will replace component parts of, and make repairs to such equipment.

D. Government-owned Equipment

The Government will furnish for the Contractor’s use, equipment of the character listed as follows:

• Blender station

• Bakery Display case

• Boosters, hot water

• Breath protector

• China, glassware, and flatware for Private Dining Room

• Coffee Brewer with satellites

• Coffee Grinder

• Cold food holding equipment

• Condiment stands

• Counters, including ice pans, display shelves, steam tables

• Dining room tables and chairs

• Dishwashing machine

• Dispensers, hot and cold drink

• Disposal(s)), waste, or similar system

• Espresso Machine

• Griddle

• Grills

• Floor grates

• Freezers, all types

• Fryers, deep fat

• Hoods

• Hot food holding equipment

• Hot water dispenser

• Induction Units (Burners)

• Ice dispensers/Ice makers

• Lockers

• Mixers, food, motor-driven

• Ovens, all types

• Pasta Cooker

• Ranges

• Refrigerators, all types and components

• Refrigerated Pizza Prep table.

• Salad Bar

• Sandwich Grill (Panini Grill)

• Sinks

• Shelving, storage

• Soft-serve machines

• Soiled Dish Conveyer

• Slicers

• Steamers, all types

• Surface fire suppression systems

• Tables, cook's, baker's, dish, kitchen

• Telephone service: basic inside lines

• Toasters, conveyor

• Traps, grease

• Trash containers

• Vegetable cutter/mixer

• Warming cabinet

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

12. Rights and Authority of the Government

A. Approval

Subject to the detailed provisions stated herein, menus, recipes, the quality of food and services, prices charged, the type, quantity, and condition of equipment, and all other phases of operations are subject to the review and approval of the CO at all times.

B. Government Use of Space

The Government reserves the right to use dining areas, other than during serving periods, for meetings of Government employees or other assemblies: Provided, that after each use the space will be cleaned and rearranged without expense to the

13. Restrictions

A. Equipment

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

B. Patronage

Since the facilities to be provided hereunder are for the benefit and conveniences of Federal employees, patronage from other sources may be regulated by the Government.

C. Weekends and Federal Holidays

No work shall be performed weekends or Federal holidays without prior approval of the COR.

D. Facilities

The physical facilities made available to the Contractor under this contract shall not be used in connection with operations not included in the contract.

Conversely, however, the Contractor may, and in the initial period of this contract is expected to, utilize centralized food preparation and storage sources located elsewhere from which distribution is made to facilities operated by the Contractor, including the facilities included in this contract. Prices charged to the operation for items obtained from these sources shall not exceed the actual cost of procurement and/or storage, preparation and distribution.

14. Records

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

15. Cash Register (Point-of-Sale -- POS) Readings

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

SECTION D - PACKAGING AND MARKING

1. Payment of Postage and Fees

All postage and fees related to submitting information including, forms, reports, etc., to the CO or COR shall be paid by the Contractor.

2. Marking

All information submitted to the CO or COR shall clearly indicate the contract number of the contract for which the information is being submitted.

SECTION E - INSPECTION AND ACCEPTANCE

1. Contractor Responsibility

The Contractor is responsible for the day-to day inspection and monitoring of all Contractor work performed to ensure compliance with contract requirements. The results of all inspections conducted by the Contractor shall be documented on inspection reports (warranted as presented) and made available to the CO via the COR on the last workday of each month.

2. Role of Government Personnel and Responsibilities for Contract Administration

a. Contracting Officer (CO)

The CO has the overall responsibility for the administration of this contract. The CO alone, without delegation is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules; terminate the contract for convenience or default; and issue final decisions regarding contract questions under dispute. However, the CO may delegate certain other responsibilities to authorized representatives.

b. Contracting Officer’s Representative (COR) after contract award will be James

Jansen.

U.S. Department of Justice RFK Main Building 950 Pennsylvania Ave. NW, Room B-523 Washington, DC 20530 Telephone (202) 598-0077

Person designated by the CO to assist in the discharge of the CO’s responsibilities when the CO is unable to be directly in touch with the contract work. The responsibilities of the COTR include, but are not limited to; determining the adequacy of performance by the Contractor in accordance with the terms and conditions of this contract; acting as the Government’s representative in charge of work at the site; ensuring compliance with contract…