16-697DCK-26-R-00358 Final.pdf

SEC.

14A. NAME

AND

ADDRESS

OF

OFFEROR

SOLICITATION, OFFER AND AWARD PAGE

1. CONTRACT NO. 2. SOLICITATION NUMBER 3. SOLICITATION TYPE 4. DATE ISSUED 5. REQUISITION/PURCHASE NUMBER

CODE6. ISSUED BY 7. ADDRESS OFFER TO (If other than Item 6)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder"

SOLICITATION

8. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 7, or if hand carried, in the depository located in until local time

CAUTION: LATE Submissions, Modifications and Withdrawals. All offers are subject to all terms and conditions contained in this solicitation.

9. FOR

INFORMATION

CALL

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXT.

C. E-MAIL ADDRESS

10. TABLE OF CONTENTS

(X) DESCRIPTION PAGE(S) (X) SEC. PAGE(S)DESCRIPTION

A B

C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTR., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICE/COST

DESCRIPTION/SPECS./WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 11 does not apply if the solicitation includes Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

11. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

12. DISCOUNT FOR PROMPT PAYMENT

13. ACKNOWLEDGEMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

DATEAMENDMENT NO.AMENDMENT NO. DATE

CODE FACILITY 15. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

AREA CODE NUMBER EXT.

14C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

16. SIGNATURE 17. OFFER DATE

AWARD (To be completed by CONTRACT AUTHORITY)

18. ACCEPTED AS TO ITEMS NUMBERED 19. AMOUNT 20. ACCOUNTING AND APPROPRIATION

21. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

23. ADMINISTERED BY (If other than Item 6) CODE

25. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or by other authorized official written notice.

22. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

24. PAYMENT WILL BE MADE BY

26. CONTRACT AUTHORITY

(Signature of Contracting Officer)

27. AWARD DATE

CODE

ITEM

SEALED BID (IFB)

NEGOTIATED BID (RFP)

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

14B. TELEPHONE NUMBER

OF PAGES

CS-26-01264697DCK-26-R-00358

Noah.F.Laduca@faa.gov

Jennifer J. Davis

FEDERAL AVIATION ADMINISTRATION

AAQ-500 - REGIONAL ACQUISITIONS

10101 HILLWOOD PARKWAY

FORT WORTH TX 76177-1524

AAQ520FTW-AFN

1200 CT

Noah F. Laduca

09/10/2026

817 222-4946

1 17

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

697DCK-26-R-00358

00001

ZFW Cafeteria & Vending

Delivery: 09/30/2031

Delivery Location Code: 26974HPF

26974HPF

6974HP DOT FAA DFW TRACON

DFW PROGRAM TECH SUPPORT CENTER

2401 N INTERNATIONAL PARKWAY

DFW AIRPORT TX 752610368 US

ZFW Cafeteria and Vending Services per the attached Statement of Work.

Facility Location:

Fort Worth ARTCC (ZFW)

13800 FAA Blvd

Fort Worth, Texas 76155

Electronic & IT: 03

Statement of Work (SOW) for Cafeteria Services and Vending Services For the Federal Avia on Administra on at the Fort Worth ARTCC

13800 FAA Blvd, Fort Worth, Texas 76155

The purpose of this SOW for Cafeteria Services and Vending Services at the Fort Worth Air Route Traffic Control Center (ARTCC) is to provide food, beverage, etc. services to meet the needs of employees and visitors of this location.

Hours of Operation The Fort Worth ARTCC operates twenty-four (24) hours per day, seven (7) days per week. There are approximately one hundred and fiŌy (150) to one hundred and eighty (180) employees on-site during the hours of 7:00 am to 2:00 pm.

The Operator must provide full counter services a minimum of five (5) days per week Monday through Friday unless there is a Federal Holiday during the week. Normal meal hours must be from 6:30 a.m. to 3:00 p.m., Monday through Friday, or at any other mutually coordinated and beneficial Ɵmes. Normal hours of operaƟon may only be changed by wriƩen modificaƟon to the agreement from the ContracƟng Officer (CO). All requests for such changes must be submiƩed to the CO for approval.

Upon approval, wriƩen noƟce must be posted at least two (2) weeks prior to implemenƟng the change.

NOTE: Though five (5) days per week is required, the Operator may provide services on weekends and/or Federal Holidays at their discretion. Due to limited staffing on these days, Operator may elect to reduce services or hours of operation at their discretion. If Operator elects to provide service during these days, the Operator must post a schedule, to the maximum extent possible, at least one (1) week in advance and include the hours of operations and any limitations.

Food Service Basic food service must consist of at least one (1) hot plate special prepared for each day of operaƟon.

The Operator must provide a variety of quality prepared meals that are nutriƟonally well-balanced in accordance with the latest Federal guidelines. Specials must be rotated to provide a varied selecƟon.

The Operator must also offer a variety of breakfast foods during morning hours. Grill selecƟons, hot and cold sandwiches, and a variety of salads, fruits, soups, desserts, and beverages must be available for patrons. Half-sized porƟons must also be offered. The menu must offer items that appeal to most patrons.

The Operator must make coffee, tea, and other beverages, such as but not limited to soŌ drinks, juices, and boƩled water available to patrons. Disposable cups with lids and straws must be provided for hot and cold beverages. The Operator at his or her own discre on may provide espresso drinks. The cost of leasing/operaƟng an espresso machine is solely the Operator’s responsibility.

Easy to read menus with prices listed must be prominently posted at the head of the serving line and at the cash register. The Operator must accept cash, debit, and credit card payment methods in the food service line.

The Operator at his or her discreƟon may provide specialty items, such as baked goods, desserts, appeƟzers, etc., for large groups (approx. fiŌeen (15) to thirty (30) people), when pre-ordered at least forty-eight (48) hours in advance or as otherwise coordinated.

The Operator must provide vending services that allow employees to purchase food and beverage options outside of normal meal hours. Vending must be accessible during the full hours of operation for the Fort Worth ARTCC and accept cashless payments. AddiƟonally, the food and beverages available through vending services must include but are not limited to prepackaged salads, sandwiches, microwaveable food items, snacks, candy, chips, sodas, energy drinks, hot and cold coffee, boƩled water, sports drinks.

The Operator must comply with all local, state, and Federal requirements for the safe and sanitary handling of food. All areas of the cafeteria must be kept excepƟonally clean and in hygienic condiƟon.

Repeated failure to comply with any applicable sanitary regulaƟons may be cause for terminaƟon of the agreement for default in accordance with the terminaƟon clause.

All flammable waste material must be disposed of daily and not be allowed to accumulate in any area. All kitchen hoods must be kept free of grease buildup and all filters must be kept clean to prevent any possible fire hazards.

Used oils and greases must be disposed of appropriately and as soon as possible aŌer usage. Under no circumstances will cooking oils, greases, and/or coffee grounds be placed into the plumbing or sewage system. Materials of this nature must be disposed of in accordance with appropriate regulaƟons. The Operator must be knowledgeable as to the appropriate disposal of such materials.

Daily cleaning requirements must include, but not be limited to: All kitchen, service, food preparaƟon, and storage areas, must be leŌ clean and sanitary at the end of each working day. The dining room area is cleaned by the facility’s on-site janitorial staff.

Weekly cleaning requirements must include, but not be limited to, refrigeraƟon equipment, range top, grill, ovens, broilers, steamers, and hoods, must be degreased and wiped clean, and all Ɵle walls must be washed and disinfected.

Water must be added to all floor drains, as required, to prevent sewer gas from entering the kitchen area.

The Operator may obtain permission to have cookouts at the facility uƟlizing the barbecues located on the outside paƟo. All requests for cookouts must be submiƩed in advance to the CO and COR for approval.

Outside Catering The Operator may operate, conduct, and provide outside catering services uƟlizing the faciliƟes, equipment, and resources as long as it does not interfere with on-site cafeteria services provided to the

FAA. Any business component of outside catering services including employees, food purchases, and income will be separate and disƟnct from this agreement. The FAA has no right to control its operaƟon and has no claim for a percentage of the profit.

Acknowledgement The FAA makes no official claims or guarantees to the amount of sales or revenues. The operaƟon of the Operator’s business on FAA property and uƟlizing FAA equipment is at the Operator’s own risk. The FAA is not liable for any damages to property or persons, nor is it liable for damaged or lost stock, personal property, or business revenue (on-site or off-site).

A full list of all Government furnished supplies, equipment, etc., located in the cafeteria area that can be used by the Operator is aƩached to this document.

Cafeteria Services Agreement Fort Worth ARTCC

Government Furnished Equipment Some of the items listed below may or may not be available

Serving Area

1. Grill/Griddle: Mfg. VULCAN

2. Two draw refrigerated counter under Grill: Mfg. RANDELL

3. Deep Fat Fryer with portable oil drain cart: Mfg. VULCAN

4. Range Hood and Vent: Mfg. DUKE

5. Refrigeration unit: Mfg. TRUE, sn 11832358

6. Refrigeration unit: Mfg. TRUE, sn 13451330

7. Refrigeration unit: Mfg. TRUE, sn 6970028

8. Double tureen server/warmer: Mfg. - SOUP FOR ALL SEASONS, model K10- 001 (less containers and lids)

9. Pizza Warmer/Display: Mfg. STAR, model HFD-3A

10. Stainless steel serving line with refrigerated deli section, with two (2) covers, and steam table section, with one (3) cover (both with protective glass shield) and full-length stainless countertop section.

11. Stainless 68x33 refrigerated storage unit just to the left of grill: Mfg. - RANDELL

12. Stainless four (4) compartment cup dispenser

13. Stainless 72x30 table, two (2) drawers and lower shelf

Kitchen Area

1. Stainless 72 X 30 Table with lower shelf

2. Stainless 96 X 30 Cooks’ table with stainless sink, drawer, pot racks with hooks; Mfg.

DUKE

3. Range/oven: Mfg. VULCAN

4. Double Commercial Oven (2011): Mfg. IMPERIAL, DOT bar code 000725537

5. Pizza Oven: Mfg. BLODGETT, DOT Bar Code 0007725536

6. Range Hood over Items 6-10. Custom built in 2011

7. Radiant Warmer: Mfg. HATCO

8. Commercial Toaster: Mfg. HATCO, model Toastrite

9. Commercial Microwave (2012): Mfg. Panasonic, sn 6A24060199

10. Icemaker: Mfg. MANITOWOC

11. Upright multi-rack Warmer/Proofer: Mfg. CRESCOR

12. Two large sink areas: one double sink with HOBART disposal, one triple sink

Dining Area

1. Icemaker with Touch free service: Mfg SCOTSMAN, sn11061320011616

Old Dishwashing Room

1. Stainless 72 X 30 Table with lower shelf

2. Meal Tray 63 X 20 X 27 Racks: three (3) each

3. Aluminum half rack cart: ten (10) Tray Capacity

Storeroom / Hallway

1. Gray painted Storage Shelves: five (5) shelves, each with four (4) pressboard shelves.

Walk-in Refrigerator / Freezer

1. Galvanized Storage Racks: seven (7) racks, each with four (4) wire shelves.

Additional Cookware

Cafeteria Services Agreement Fort Worth ARTCC

1. Two (2) Small Deep Fryer Baskets

2. Four (4) Full Sheet Oven Trays

Steam Table Pans & Lids

1. Five (5) Full 4-Inch Water Pans

2. Sixteen (16) - 4-inch, Small Prep pans for refrigerated area in service line

Miscellaneous

1. Two (2) Large grey 32 gal. Rubbermaid garbage containers

Agreement between FAA and Vendor Name for Operation of the Cafeteria and Vending Services at the Fort Worth Air Route Traffic Control Center (ARTCC)

1. GENERAL

In consideration of the mutual promises and covenants set out herein by and between the Federal Aviation Administration, its successors and assigns hereinafter, called “Government”, and Vendor Name, its successors and assigns, hereinafter called “Operator,” it is agreed that:

a. Scope of Operation - The Operator will establish and operate the cafeteria facilities and vending services at the Federal Aviation Administration (FAA) Fort Worth Air Route Traffic Control Center, 13800 FAA Blvd., Fort Worth, TX 76155 for the purpose of selling foods and non-alcoholic beverages per this agreement and the Statement of Work located in Attachment B. The Contracting Officer (CO) does retain the right to bar the sale of some items. The employees and visitors are onsite 24 hours a day, 7 days a week with the majority onsite Monday through Friday between 7:00 am to 2:00 pm CT. The Government does not guarantee the number of employees working in the area nor does it express or imply the percentage of employees who will patronize the food service operations. The Operator will have the use of rooms designated for the cafeteria.

b. Period of Performance (POP) - This contract will have the following Period of Performance: October 1, 2026 – September 30, 2031.

c. Sale Prices. Current sale prices for individual items must be prominently displayed in the food serving line area. No price increases will be made without one month’s prior written notice to the CO and their approval.

d. Quality of Food and Service - All food offered for sale must meet the recommendations and standards of the FDA. The Contractor must serve tasty, appetizing food that is attractive in appearance, fresh, and quality food under clean and sanitary conditions. Only quality foods, such as grade A poultry, U.S. choice grades of beef, U.S. no. 1 grade pork, grade A or fancy vegetables and fruits, and grade A canned goods, etc. may be used. All foods served must be wholesome and free from spoilage and decay. Uncooked items, such as fresh fruits, will be clean, fresh, unspoiled, and free from blemishes. No form of palm oil, coconut oil, animal fat lard, or monosodium glutamate (MSG) will be utilized, unless it is clearly stated in detail on the menu.

e. Payment to the Government - The Operator is not required to pay rent for the use of the space provided by the Government upon commencement of service.

f. Government Use of Premises - It is not intended that the Operator reimburse the Government for use of the dining area. The purpose of this provision is to ensure complete Government control over the dining area and to permit use of dining tables and facilities by the Government personnel who bring their own lunch.

g. Subsidization - The Government will not subsidize the Contractor to cover any loss of revenue or profit.

2. DEFINITIONS.

a. The term "Secretary" means the Secretary of Transportation and the term "head of the agency" means the Administrator of the Federal Aviation Administration. The term "his duly authorized representative" means any person or persons or board (other than the CO) authorized to act for the head of the agency or the Secretary.

b. The term "Contracting Officer" (CO) means the person executing this contract on behalf of the

Government, and any other officer or civilian employee who is a properly designated CO; and the term includes, except as otherwise provided in this contract, the authorized representative of a CO acting within the limits of his written authority.

c. The words "Contractor” and "Operator" will be considered synonymous, as are the words "contract” and "agreement."

d. "Operating Facilities" means furniture, furnishings, special lighting fixtures, draperies, decorations, decorating or other special finishing work, signs, appliances, and trade fixtures, etc., furnished and installed or used by the Operator in its operations at the facility.

e. The term “Contracting Officer’s Representative” (COR) means the authorized representative of the CO acting within the limits of his/her authority. This designation will be made in writing. The Contracting Officer’s Technical Representative may also be referred to as COR.

f. "Gross Receipts" means the total amount received, realized by, or accruing to the Operator from all sales for cash or credit of services, materials, or other merchandise made pursuant to the privileges authorized by this contract rendered at or from the determination of the amount due the Operator for each transaction, whether for cash or credit, and not at the time of billing or payment, unless otherwise specifically stated in this contract; provided, however, that any taxes imposed by law which are separately stated and paid by the customer, and directly payable to the taxing authority by the Operator, will be excluded from gross receipts.

3. ASSIGNMENT

No sublease, transfer, subcontract, or assignment of any part hereof or interest herein, directly or indirectly, voluntarily or involuntarily, will be made by the Operator of this contract, unless such sublease, transfer, subcontract or assignment is first approved in writing by the CO and is subject to whatever limitations the Government may wish to apply; provided, however, that the Operator may, if specified elsewhere in this contract, install or use equipment or other operating facilities which are owned by others and leased to the Operator for its use under this contract.

4. GOVERNMENT-OPERATOR RELATIONSHIP

Nothing in this contract will be construed as in any way creating or establishing a partnership relationship between the parties hereto or as constituting the Operator as an agent or representative of the Government for any purpose or in any manner whatsoever.

5. FEDERAL, STATE, AND LOCAL LAW

The Operator will, at its own cost and expense: (a) comply with all Federal, State and local laws, including but not limited to county and local ordinances, rules or regulations now or hereafter in force, which are applicable to the operation of its cafeteria facility; (b) obtain and pay for all necessary licenses and permits;

(c) pay all fees and charges assessed under Federal, State, and local law insofar as they are applicable to its cafeteria facility.

6. TERMINATION

a. Either party may terminate this contract without cause by giving the other party written notice of its intention to do so. Other than a termination by the government in the interests of the National Defense, any such notice of termination will be given at least ninety (90) days in advance of the effective date of termination.

b. The CO may, by written notice to the Operator, terminate this contract in whole or in part, for default upon the happening of any of the following events:

(1) Filing by, or the final adjudication against, the Operator of any petition in bankruptcy, or the making of any transfer or assignment for the benefit of creditors, which transfer or assignment has not been authorized previously by the Government.

(2) The abandonment of the cafeteria facility or discontinuance thereof Should this occur, the Government will not be responsible for the protection of the Operator's merchandise, fixtures, supplies or equipment, and may remove same from the premises for storage or disposal.

(3) The failure of the Operator to perform or observe any of the terms, covenants or conditions of the contract, after the expiration of any period of warning or notice given by the CO to the operator concerning such failure.

c. The Government' s termination of this contract for default will be deemed to be a decision of the CO as to a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes."

d. If after notice of termination for default of this contract under this Clause, it is determined for any reason that the Operator was not at fault under this Clause, or that the default was excusable under this clause, the termination will be deemed to have been properly effected pursuant to paragraph a. of this Clause.

7. WAIVER OF PERFORMANCE

The failure of the Government to insist in any one or more instances upon a strict performance by the Operator of any of the terms of this contract will not be construed as a waiver or relinquishment thereof for the future, but rather, said terms will continue and remain in full force and effect. No waiver by the Government of any terms hereof will be deemed to have been made in any instance unless specifically expressed in writing as an amendment to this contract.

8. WORK STOPPAGE OR STRIKE

Except as a result of damage to or destruction of the premises by fire or other casualty, in the event operation of the Operator is curtailed, interrupted, or otherwise handicapped in whole or in part for any reason, including but not limited to strikes and labor disputes, such conditions will not relieve the Operator of its obligation to pay the revenue specified in this contract nor to pay for utilities consumed under such conditions, unless and except as otherwise specifically provided for elsewhere in this contract.

9. FAIR LABOR STANDARDS ACT

(Public Law 93A259, enacted April 8,1974, amends the Fair Labor Standards Act of 1937, as amended (29 U.S.C. 201 et seq.)) The administration and enforcement of this Act are the responsibility of the U. S.

Department of Labor. Any questions as to the requirements of the Act or its applicability to the work required by this contract should be addressed to the Administrator, Wage and Hour Division, U. S.

Department of Labor, Washington, DC. 20210 or to a Labor Department Regional Office.

Employee Wages. All employee must be paid at an hourly rate not lower than those specified under the Department of Labor’s most current wage and hour determination.

10. PERSONNEL AND SECURITY

a. The Operator and each of his employee engaged in work under this contract will execute and submit to the

Federal Aviation Administration a Standard Form FDA258, (3 copies), and Standard Form 86, (1 copy). The executed forms will be furnished to the COR not later than the first day Operator’s employees report to the facility to perform services under this contract. Personnel of the Operator will not be allowed to perform services under this contract until the CO has received the appropriate forms. The necessary forms will be furnished to the Operator by the COR.

b. Personnel of the Operator who have previously submitted Standard Forms 86 and FDA258 for work under other Federal Aviation Administration contracts need not submit new forms if they have been continuously employed at the same FAA facility since the original submission of the forms. Each employee of the Operator will be a citizen of the United States of America or an alien who has been lawfully admitted for permanent residence, as evidenced by an Alien Registration Receipt Card, Form 1-151, or other evidence from the Immigration and Naturalization service that employment will not affect immigration status.

c. The contractor will employ sufficient and suitable personnel, secure and maintain insurance, and observe other contract requirements, as more specifically set forth hereinafter. Except as otherwise stated herein, they will pay each and every fee, cost, or other charge incident to, or resulting from, operation under the contract. All employees will be clean, sober, conscientious, neat, and courteous. The operator must at all times provide an adequate staff of food service employees to perform varied and essential duties inherent to a successful food service operation. Except as otherwise provided in their contract, staffing will be provided as submitted in the proposal and any changes are subject to approval of the CO.

(1) Unless the operator, as an individual, serves as a full-time manager, they will employ a full-time, on-site manager who possesses the necessary qualifications and authority to supervise the establishment effectively.

The on-site manager will have previously had a minimum of two years of consecutive employment in a position with comparable responsibilities. No one other than the person approved by the CO will be assigned to manage the facility. These provisions also apply to any replacement of the manager.

(2) The operator’s manager will be delegated the authority essential to the day-to-day effective operations of the cafeteria for personnel supervision, training, sanitation, etc. The operator’s manager will be replaced on thirty (30) days’ notice upon request of the CO if it is determined there are operational deficiencies resulting from inferior management.

(3) Unless the operator, as an individual, serves as a full-time manager, a representative of the operator, other than the above, will visit the facility monthly for general supervisory purposes at times agreed upon by the COR and the Contractor. Upon 48 hours advance notice from the COR, a representative of executive status will visit the facility to adjust matters requiring attention.

(4) The operator will provide experienced relief personnel to substitute for the regular employees when they are absent so high-quality food service operations will be maintained at all times.

(5) The operator will require its employees to wear a uniform and badge by which they may be known and distinguished as the employees of said Contractor. Uniforms and shoes will be clean, proper, and neat.

Hairnets, headbands, or caps must be used by the employees engaged in the preparation and serving of food, to keep hair away from food and food contract surfaces. Employees will have adequate changes of uniforms to assure cleanliness.

(6) The operator will require its employees to observe a strict impartiality as to quantities and services and in all circumstances to exercise courtesy and consideration in dealing with patrons.

(7) The operator will require its employees to comply with such instructions pertaining to conduct and building regulations as are in effect for the control of persons in the building as may be issued for the purpose by Government representatives.

(8) All articles found by the operator, its agents or employees, or found by patrons and given to the operator, will be turned into the SOC as lost-and-found items.

(9) The CO will have final authority to remove any employee who is considered incompetent, careless, insubordinate, unsuitable, or otherwise objectionable, or whose continued employment is considered contrary to public interest. Employees of the operator will not smoke nor carry lighted cigarettes or tobacco products in the food preparation or serving area.

(10) The operator will employ sufficient personnel to maintain sanitary conditions and provide satisfactory service. Serving utensils will be used by the Operator's employees to keep direct handling of food to a minimum.

(11) Food handlers will not be permitted to operate the cash register or handle money nor will any person operating the cash register or handling money be permitted to handle food unless all sanitary requirements are met, including but not limited to the use of gloves during food preparation and/or washing hands in between handling either food and/or money.

(12) The Operator will 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 highest standards of efficiency and sanitation.

(13) All articles found by the Operator, its agents or employees, or by patrons and given to the Operator, will be turned into the Government as lost-and-found items.

(14) Violations of the foregoing responsibilities may result in termination of the contract.

11. FACILITY RULES AND REGULATIONS

a. The Operator will observe and obey all rules, regulations, and implementations thereof promulgated as authorized by law for the care, operation, maintenance, and protection of the facility, which rules, regulations, and implementations thereof would be applicable and valid irrespective of this paragraph.

Failure of the Operator, any of those persons under its control, or its subcontractors to observe such rules, regulations, or implementations will, in addition to assessment of any other penalty provided by law, be cause for termination of this contract for default. The Operator will have the responsibility of ensuring that he/she, any subcontractors, and/or any persons under their control will obey and abide by all rules, regulations, and/or any implementations thereof declared as authorized by law for the care, operation, maintenance, and/or protection of the facility.

b. Operator and/or their employees will park only in areas designated by the COR and/or SOW.

c. All food service employees will wear FAA-supplied badges, above the waist, on the front of the body, and on the outermost clothing at all times.

12. RESTRICTIONS

a. Unless specifically authorized in writing by the CO, the Operator will not remove any Government-owned equipment from premises or advertise the concession operations in any manner.

b. Since the facilities to be provided hereunder are for the benefit and convenience of Federal employees, patronage from other sources that interfere with such purposes may be limited or prohibited by the Government at is sole discretion.

13. PROMOTION

The Operator agrees to use its best efforts in every proper manner to maintain and develop the business conducted by it under this contract, to increase same, and not to divert, cause, or allow any business to be diverted from the facility.

14. SANITATION

a. All food service operations under this contract must be conducted in conformance with the requirements for a Grade A food establishment, as set forth in Publication 934 of the U.S. Public Health Service (or revision thereof), or in conformance with local requirements for a top grade establishment, if the latter should be more stringent, provided however, that the Operator will not be responsible for any structural deficiencies in the facility, which are the responsibility of the Government.

b. Employees suspected or found to have a communicable disease must be removed from duty immediately.

c. The food handlers must wear plastic gloves and hair nets/hats to cover hair on the head while serving and/or preparing food.

15. INSPECTIONS

a. Health. The facility operated under the contract may be inspected periodically by the COR, representatives of local health departments, or the Regional Flight Surgeon. After each inspection, the Operator will be advised of any unsatisfactory conditions for which he is responsible. Deficiencies reported will be corrected promptly by the Operator.

b. Fire Prevention - Periodic inspections will be performed by a FAA-appointed fire inspector and any unsafe conditions found by such officials will be immediately corrected by the Operator.

c. Industrial Safety - Periodic inspections will be performed by an FAA-appointed Safety Officer and any unsafe conditions found by such officials will be immediately corrected by the operator

d. Post-Contract Inventory - Prior to the Food Service Operator taking occupancy of the premises, a pre-inventory inspection will be done concurrently by the Operator, COR, and/or CO.

e. Routine Inspections - Periodic inspections will be performed by the CO and/or COR. The Government reserves the right to do impromptu inspections/inventories of the kitchen operations at any time during the term of this contract. Any unsafe condition found by such official will be corrected by the Operator. The Operator is liable for any loss or destruction except for normal wear and tear. Normal wear and tear will be determined by the CO.

16. ESTABLISHMENT AND CONTROL OF PRICES AND SERVICES

a. The CO reserves the right to control the nature, types, and quantities of merchandise and services which may be sold or furnished by the Operator. If the Operator refuses or fails within forty-eight

(48) hours after receipt of written notice from the CO to discontinue the sale of any product or service which the CO determines to be in violation of the rights granted hereunder or which the CO determines should not be dispensed, or if the CO is forced to make repeated and frequent demands upon the Operator to cease the sale of such products or services, such refusal, failure, or demands will be cause for termination for default of this contract.

b. The Operator will maintain and operate the cafeteria to such extent and in such manner as provided in the contract, sell the articles and services authorized, and provide the management, personnel, equipment, goods, and commodities necessary therefore.

c. All rates and prices established by the Operator for goods or services sold hereunder will be reasonable and subject to approval by the CO.

d. Reasonableness of prices will be judged primarily by comparison with those currently charged for comparable goods or services furnished or sold outside the facility under similar conditions, with due allowance for accessibility, hours and time of operation, availability and cost of labor and materials, type of patronage, and other conditions customarily considered in determining charges, but due regard may also be given other factors as the CO may deem significant.

e. Prices will be posted by the Operator preferably adjacent to the item.

17. RESPONSIBILITIES OF THE GOVERNMENT

a. The Government will provide space for operation of the dining facility and such additional space, as it may deem necessary including a reasonable use of existing elevators, corridors, passageways, driveways, and loading platforms. The Government will, as it deems necessary, provide lighting, ventilation, and the utilities required for the operation of the cafeteria facility. In addition, the Government will:

• 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 health and sanitary requirements.

• Maintain and repair the following: (i) the building structure in areas assigned, for the Operator's use, including painting and redecoration; (ii) gas, water, steam, sewer, and electrical lines, ventilation, and existing air conditioning lines, all to the point of connection with food service equipment or to the point of outlet in cafeteria facility areas if not so connected; (iii) electrical lighting fixtures (including re-lamping); space heating systems, floors and floor coverings (except rugs and carpets and does not include routine cleaning) and wall and ceiling; provided that Operator will bear the expense of all repairs necessary because of damage caused by the fault or negligence of the Operator or any of his employees.

• Provide cleaning of floor in dining area floor.

• Maintain an effective program for the extermination of rodents and vermin in the kitchen and dining area.

• Make sure 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 health and sanitary requirements.

18. UTILITIES, SERVICE CONNECTIONS

Government will provide Operator all necessary utility outlets at the designated areas where equipment is to be located and will furnish without cost to Operator all necessary heat, hot and cold water, gas, lights, electric current, and phone lines. Government agrees to notify operator immediately of any interruption or proposed interruption of such services.

19. RESPONSIBILITES OF TO OPERATOR

a. The Operator will provide prompt, efficient, and courteous service. He will obtain licenses and permits as required by State and local authorities, and will observe all applicable building, health, sanitary, and other regulations and laws. He will use reasonable care in the use of space and Government-owned equipment, and, upon contract termination, will yield up such space and equipment in the same condition as when received, except for ordinary wear and tear and damage or destruction beyond his control and not due to his fault or negligence.

b. The Operator will maintain an effective program for the extermination of rodents and vermin in areas assigned for his use. Although the Government will provide cleaning of the dining area floors and waxing of the floor as specified in the contract, the Operator will provide necessary intermittent cleaning of the dining area floors between the cleanings provided by the Government. All cleaning and mopping of the area behind the counter, in front of the que line, all kitchen and storage areas, as specified herein, will be done by the Operator.

c. The Operator will employ sufficient and suitable personnel, secure and maintain insurance, and observe other contract requirements, as more specifically set forth hereinafter. Except as otherwise stated herein, he will pay each and every fee, cost, or other charge incident to, or resulting from operations under the contract.

d. The Operator will provide all necessary utensils and equipment not provided by the Government and will repair, replace, and supplement such equipment as necessary due to wear, breakage, loss, or obsolescence.

Equipment provided by the operator will be of good quality in keeping with the equipment provided by the Government. All equipment furnished by the operator will be subject to the approval of the COR. A physical inventory, item priced, will be made of all equipment provided by the Operator. An approved copy signed by the COR will be filed with the contract.

e. The Operator will perform routine and periodic maintenance of Government-owned space and equipment in accordance with the maintenance schedule identified in Attachment A. The Government reserves the right to make periodic, unannounced, inspections of the kitchen space and/or equipment. The Government will provide maintenance of the Government-owned material, unless maintenance and/or repair is required due to the negligence of the Operator, which will be determined by the CO.

f. Maintain areas behind counter, que line area, kitchen areas, freezers, coolers, and storage rooms in clean and sanitary condition.

g. Insure that all goods are stored on metal racks, a minimum of two (2) inches above the floor. No foods will be left out or unattended for prolonged periods unless food is stored in an enclosed container.

h. Insure that all pots, pans, dishes, and utensils are washed and properly stored before Operator’s last employee leaves for the day. This excludes coffee cups and glasses left by Government employees during the shifts when the Operator and/or their employees are not on premises.

i. All articles found by the Operator, its agents or employees, or by patrons and given to the Operator, will be turned into the Government (CO or COR) during normal administrative hours as lost-and-found items.

j. Garbage Disposal - The Operator will be responsible for the accumulation and removal of garbage, cans, refuse, etc. The Operator will provide garbage and trash cans with lids. These cans and the collection area must be maintained in a tidy and sanitary condition at all times. As a minimum, collection areas and trashcans will be disinfected at least weekly. The Operator will be required to provide a container for collection of used greases and/or cooking oils. The placement locations for the grease barrel and refuse containers will be coordinated with the COR. Disposal of these greases, cooking oil, garbage, etc. and type of refuse associated with the food service operation, will be the responsibility of the Food Service Operator.

20. PAYMENT TO THE GOVERNMENT

Payment of $0.00 to the Government will be made monthly, in accordance with the provisions of the contract.

21. EQUIPMENT

a. Equipment to be provided by the Government. The Government will provide, and the Operator may use the equipment listed herein. The Government will also:

(1) Furnish and install replacement equipment when it determines that the original equipment is worn out or beyond economical repair; and

(2) Furnish and install such additional equipment of a similar type which it may deem necessary in connection with an expansion of these services, should any expansion be required.

b. Title to all Government furnished equipment will remain in the Government. No Government furnished equipment will be removed from the premises for any purposes except by the Government or with the prior approval of the COR. The Operator will acknowledge receipt of all Government-owned equipment in writing.

c. Minor repairs to Government Furnished Equipment. Throughout the contract period or any extension thereof the Operator will maintain, adjust, and repair the Government furnished equipment provided for use in a manner satisfactory to the COR; provided, that the responsibility of the Operator for repairs to Government furnished cafeteria equipment will be limited to repairs made at one time which cost less than 10% of the original cost of equipment. The Operator will also repair or replace any Government furnished equipment that may be damaged as a result of his own or his employees fault or negligence, regardless of cost: The Operator will:

• Service the dishwasher and care for it in accordance with the instructions of the manufacturer.

• Keep the deep fat fryer and toaster clean and in serviceable condition.

• Keep the canopy free from grease and thoroughly clean.

• Clean air filters daily and grease traps for the dishwasher and sink when required.

d. Replacement or Major Repairs to Government Furnished Equipment - If the cost of repairing a piece of Government furnished equipment will exceed the limitations specified in paragraph c. above or the equipment has become obsolete or no longer useful for its original purpose, the Operator will notify the CO so that arrangements may be made for appropriate repairs or replacements. The decision of the CO as to whether a piece of equipment is to be repaired or replaced will be final.

22. SURRENDER OF POSSESSION

a. As of the date this contract expires or is terminated as provided for elsewhere in this contract, the Operator will immediately and peaceably yield up to the Government the premises in good repair in all respects, reasonable wear and tear excepted, and the Government may without further notice take possession of the premises.

b. Upon prior written notice to the CO the Operator will have the right at any time during the term of this contract to remove any operating facilities it may erect or install or use in the premises, and any or all fixtures and equipment and other property installed or placed by it at its expense in or about the leased premises; subject, however, to any valid lien which the Government may have thereon for unpaid charges and fees; and provided that, upon removal of any such operating facilities, the Operator will restore the premises to a condition satisfactory to the CO.

c. The Operator will be deemed to have abandoned to the Government any operating facilities and other facilities, equipment, and property of the Operator which it has failed to remove from the premises or from the possession of the Government within fifteen (15) calendar days after the end of the period of this contract, or effective date of termination thereof, unless the CO grant additional time for this purpose in writing; provided, however, that the Government may, prior to the expiration of said fifteen (15) day period, remove same and restore the premises to a satisfactory condition and hold the Operator liable for all costs incident thereto. In the event it is necessary for the Government to remove such facilities, equipment, or property, the Government will not be subject to any liability by reason of the removal or the custodial care of same.

23. ESTABLISHMENT OF OPERATING FACILITIES

a. The Operator will provide and install at its own costs and expense, all operating facilities and furnish all supplies and materials required for the proper and adequate operation of the cafeteria facility under this contract.

b. All such installations will be subject to the CO 's approval for conformity with safety standards and similar criteria and with regulations established for the facility and for compatibility of design, quality, conditions, or color arrangement with the architectural and general character of the cafeteria facility area and the facility. In addition, all installations will conform to applicable state and Federal building, plumbing, electrical, or similar codes or ordinances. The Operator will provide all necessary maintenance for the operating facilities.

24. ACCOUNTING DATA. The Operator may be requested to submit a copy of its quarterly incomes statement to the CO through the COR.

Agreement between FAA and Vendor Name for Operation of the Cafeteria and Vending Services at the Fort Worth Air Route Traffic Control Center (ARTCC)

SIGNATURE OF OFFEROR/OPERATOR __________________________________________________________________

NAME AND TITLE OF SIGNER (Type or Print) _____________________________________________________ DATE SIGNED _____________________

SIGNATURE OF CONTRACTING OFFICER ____________________________________________________________________

NAME AND TITLE OF CONTRACTING OFFICER ____________________________________________________ DATE SIGNED _____________________

Sponsored by GSA FAR (48 CFR) 53.110