19MX5325R0005 - Concessions Agreement .pdf

ENCLOSURE 1

LICENSING AGREEMENT

I. GENERAL

A. Purpose. The purpose of this Agreement is to provide a license to the Licensee to operate a cafeteria on the premises of the Licensor. For the purposes of this agreement, the American Embassy Mexico City, is the Licensor and __________________________ is the Licensee. The term “parties” means the Licensor and Licensee. No United States Government funds are obligated under this agreement.

WITNESSETH: The parties hereto, for the considerations hereinafter mentioned, agree as follows:

B. Location Affected:

The Licensor, the owner of certain property in the city of Mexico City in the country of Mexico, described as the Chancery, NEC (OBO Property ID 20001), contains limited licensable space not used for current operations by the Licensor. Award and signature of this agreement hereby licenses the said License to use that limited licensable space subject to the terms and conditions detailed below.

C. Description of Cafeteria Operation. The Licensee shall establish and operate food services facilities for the staff and visitors of the Government of the United States of America in Mexico City under this Concessions Agreement. The Licensee shall provide services for the purpose of dispensing food and nonalcoholic beverages, supporting catering events as requested and such other items as may be authorized by the Licensor in accordance with the terms and conditions of this agreement in the designated cafeteria spaces of the New Embassy Compound in Mexico City, Mexico. Alcoholic beverages may be served during special events as authorized by the Licensor.

D. Responsibility. The Licensee shall furnish all managerial, administrative, and direct labor personnel necessary to accomplish the work in this contract. Licensor will provide an initial allotment of tools, equipment, and materials for use by the Licensee. Afterwards, the Licensee shall provide all tools, equipment, and materials necessary to perform their duties. Licensee employees shall be on site only for contractual duties and not for other business purposes.

1. See Exhibit A for specifics on the operation of the food service facilities.

2. See Exhibit B for a list of Licensor provided tools, equipment, and materials.

II. PERIOD OF AGREEMENT

A. Initial Period of Agreement. This Agreement is effective immediately upon signature by the Licensing Officer and shall end one (1) year after the start of service.

B. Subsequent Periods. This Agreement may be extended in conjunction with any option years extended as per Embassy Mexico City Contract __________________. Any extension will be formalized by an amendment to the Licensing Agreement, signed by both parties. This agreement may not extend beyond the initial base year and four and a half (4.5) additional option years.

C. Combined Service. Should there be grounds for extension or termination of either this Agreement or the awarded Janitorial Contract __________, both this Agreement and the Janitorial Contract __________ will be affected jointly.

III. SPECIFICS OF CAFETERIA OPERATIONS

Cafeteria operations, including details of each party’s responsibilities, are set forth in Exhibit A to this Agreement.

IV. LICENSOR PERSONNEL

A. Licensing Officer. The Licensing Officer has the overall responsibility for the administration of this Agreement. Only the Licensing Officer is authorized to take actions on behalf of the Licensor to amend, modify or deviate from the Agreement terms and conditions. The Licensing Officer may delegate certain responsibilities to authorized representatives.

B. Technical Representative. The Licensing Officer may designate a Licensor’s Technical Representative to assist in the administration of certain responsibilities. The Technical Representative shall act as the Licensor’s principal point of contact for day‐to‐day operations and ensure compliance with License Agreement. If no Licensor’s Technical Representative is appointed, the responsibilities shall remain with the Licensing Officer.

C. Inspectors. Inspectors may work for the Licensing Officer or the Technical Representative, if one is appointed. Inspectors are authorized to perform day‐to‐day inspections and monitoring of the Licensee’s work. The Regional Medical Officer (RMO) will provide health inspection of the facilities. The Facilities Maintenance Officer (FMO) will supervise the maintenance responsibilities of the Licensor in the cafeteria area. The General Services Officer (GSO) will provide inventory control of Licensor‐ furnished property. The Inspector(s) may inspect and monitor the services provided by the Licensee.

D. Authority to Amend the Agreement. In no instance shall the Technical Representative or Inspectors be authorized to amend the Agreement. Only the Licensing Officer may amend the Agreement.

V. INSPECTION

A. Responsibilities of the Licensee. The Licensee shall develop and maintain an inspection system intended to ensure quality of service and standards of sanitation and cleanliness. This system shall include written records of inspections made. These records shall be made available to the Licensor upon request.

B. Rights of the Licensor.

1. The Licensor has the right to inspect the cafeteria premises as well as the actual services provided. This inspection may be made at any time, without prior notice. The Licensor shall perform the inspection in a manner that will not unduly delay the work of the Licensee. These inspections may include, but are not limited to, a comprehensive review of the following:

a) Service quality, attentiveness, courtesy, and similar factors

b) Food quality, presentation, merchandising

c) Sanitary practices and conditions

d) Personnel appearance

e) Training program techniques, schedules and records

f) Menu compliance, as indicated in the minimum acceptable menu profile

2. Premises of the Licensee may be inspected, at no charge to the Licensor. The Licensee shall provide all reasonable facilities and assistance for the safe and convenient performance of these duties.

3. Various USG personnel and non‐USG personnel including but not limited to the Regional Medical Officer (RMO), the Licensor’s Technical Representative and/or professional health and food service inspectors shall perform periodic inspections to assure compliance with Agreement requirements and industry standards.

a) The Licensee shall provide all the requested information, samples, and logs for quality assurance. The USG inspectors shall be designated by the USG Health Unit department, and the Post Occupational Health & Safety Office (POSHO).

b) The Licensing Officer and USG representatives will carry out regular food safety and janitorial inspections. The day, date or time of this inspection will be unknown by Licensee and be recorded against KPI requirements.

c) USG retains the right to inspect without notice all kitchen and dining facilities, food preparation procedures and food items.

VI. TERMINATION

This Licensing Agreement may be terminated by written notice, issued by the Licensing Officer, when it is in the best interests of the Licensor. This termination may be made for (1) cause, such as failure of the Licensee to comply with the terms and conditions of this Agreement, failure of the Licensee to comply with the terms and conditions of Embassy Mexico City Janitorial Services Contract __________________, or (2) convenience of the Licensor. Licensor is not required to give advance notice of termination. Upon termination, Licensee shall remove all of its property from the premises. Licensor shall not be responsible for any loss or damage incurred by the Licensee as the result of termination, including but not limited to losses due to spoilage of inventory, employee claims, personal property losses, and lost profits. Termination of this Agreement will include termination of Janitorial Services Contract ____________.

VII. TERMS OF AGREEMENT

A. General. Exhibit A sets forth several reports which the Licensee is required to submit to the Licensor.

B. Rent, Utilities and Licensor‐Furnished Property. The Licensee shall not be liable for payment of any rent or for reimbursement to the Licensor for utilities or use of Licensor‐furnished property as a result of services provided under this Agreement. See Section VIII below for potential liability on the part of the Licensee due to damage to property.

VIII. SPECIAL LICENSING AGREEMENT PROVISIONS

A. Security Access to Property. The Licensor reserves the right to deny access to Embassy‐owned and operated facilities to any individual.

The Licensee will provide names and biographic data on all personnel (including planned back‐up personnel) who will be used on this Agreement at least ten (10) days before they begin work.

B. Standards of Conduct. The Licensee shall be responsible for maintaining satisfactory standards of employee attitude, competency, conduct, cleanliness, appearance and integrity. The licensee shall be responsible for taking disciplinary action with respect to employees as may be necessary. Each Licensee employee is expected to adhere to standards of conduct that reflect credit on themselves, their employer and the Embassy. Licensee employees must use politeness and courtesy when dealing with Embassy personnel. The Licensor reserves the right to direct the Licensee to remove an employee for failure to comply with the standards of conduct.

C. Personal Injury, Property Loss or Damage Insurance.

1. The Licensee, at its own expense, shall maintain insurance against fire, theft, flood, liability, and for employee medical and employment expenses, as required by law. Insurance should cover all Licensee‐owned and operated equipment behind the service counter.

2. The Licensee shall provide certification that the required insurance has been obtained before beginning work.

D. Indemnification. The Licensor shall not be responsible for personal injuries or for damages to any property of the Licensee, its officers, agents, and employees, or any other person, arising from any incident of the Licensee’s performance of this Agreement. The Licensee expressly agrees to indemnify and to save the Licensor, its officers, agents, servants, and employees harmless from and against any claim, loss, damages, injury, and liability, however caused, resulting from or arising out of the Licensee’s fault or negligence in connection with the performance of work under this Agreement. Further, any negligence or alleged negligence of the Licensor, its officers, agents, servants, or employees, shall not bar a claim for indemnification unless the act or omission of the Licensor, its officers, agents, servants, or employees is the sole competent and producing cause of such claim, loss, damages, injury, or liability.

E. Protection of American Embassy Buildings, Equipment, and Grounds.

The Licensee shall use reasonable care to avoid damage to American Embassy buildings, equipment and grounds. If the Licensee’s failure to take adequate care results in damage to any of this property, the Licensee shall repair the damage at no expense to the Licensor, as directed by the Licensing Officer.

IX. Licensor‐Furnished Property.

The Licensor shall provide the property described in Exhibit B to this Agreement.

Delivery of this property is completed when it is made available in the space designated for the Licensee’s use in his operation of the cafeteria. The Licensee shall acknowledge in writing to the Licensing Officer receipt of the Licensor‐ owned equipment listed in Exhibit B.

A. Title to all Licensor‐Furnished property shall remain with the Licensor. The Licensee shall use the property only in connection with this Agreement.

B. The Licensor shall maintain the official property control records of all Licensor‐Furnished property.

C. Upon taking delivery of the Licensor‐Furnished property, the Licensee assumes the risk and responsibility for its loss or damage, except—

1. For reasonable wear and tear; or

2. As otherwise provided in this Agreement.

X. Precedence of English Language Translation. In the event of any inconsistency between the English language translation of this Agreement and any other language translation, the English language translation shall take precedence.

XI. Disputes. If the Licensing Officer and Licensee fail to reach agreement over any disputed issue resulting from this Licensing Agreement, the sole remedy to both parties shall be referral of the disputed issue to the American Embassy official at one level above the Licensing Officer. That official’s ruling shall be considered final for both parties.

LIST OF EXHIBITS

EXHIBIT A: Performance Required under the Licensing Agreement

EXHIBIT B: Licensor‐Furnished Property

EXHIBIT C: Holiday Schedule

EXHIBIT D: Food Services Guidelines for Federal Facilities

EXHIBIT E: Menu Labeling Final Rule: Food Labeling; Nutrition Labeling of

Standard Menu Items in Restaurants and Similar Retail Food Establishments

EXHIBIT F: 2022 Food Code

EXHIBIT A

PERFORMANCE REQUIRED UNDER THE LICENSING AGREEMENT

I. SCOPE OF WORK.

The Contractor shall establish and operate food services facilities for the staff and visitors of the Government of the United States of America in Mexico City as shown in Section III under this Concessions Agreement. The Contractor shall provide services for the purpose of dispensing food and nonalcoholic beverages, supporting catering events as requested and such other items as may be authorized by the Licensing Officer in accordance with the terms and conditions of this contract in the designated cafeteria spaces of the New Embassy Compound in Mexico City, Mexico. Alcoholic beverages may be served during special events as authorized by the Licensing Officer. The Licensee shall furnish all managerial, administrative, and direct labor personnel necessary to accomplish the work in this contract. Contractor employees shall be on site only for contractual duties and not for other business purposes.

II. BACKGROUND.

A. Demographics. The New Embassy Compound (NEC) of the U.S.

Embassy in Mexico City is opening its doors to staff and visitors and requires high‐quality, healthy, and affordable food and beverage services to support them throughout the day.

B. Employees. The following are current figures as per recent demographic studies. These are subject to change. The US Embassy Mexico City shall not be held responsible for any variation or annotations regarding building and/or visitor population figures, or any other assumptions noted herein.

1. This cafeteria is to be operated for the benefit of approximately 1,100‐1,300 employees who will be occupants in the Embassy Mexico City. The Licensor shall not be held responsible for any variation or annotations regarding building and/or visitor population figures, or any other assumptions noted herein. The extent of occupancy is not guaranteed.

C. Visitors. In addition, the Consular Plaza is expected to receive between 2,500 and 3,500 visitors daily, plus family members. The Contractor can avail themselves of these visitors by setting up mobile services in the Consular Plaza areas with the prior approval of the Contracting Officer and Regional Security Office.

D. Nearby Food Services. Seasonal Farmer’s markets, food trucks, restaurants, amenities, and other competition in the areas should be studied and evaluated by the prospective contractor. The contractor’s proposed program should include a foodservice program to mitigate outside competition and maximize operational success of the contractor’s proposed food service program.

E. Performance History. Please see section Error! Reference source not found., Exhibit 2 – Service Time Frames, for a more detailed breakdown of hourly sales over the last four years. Please note that not all Embassy employees frequent the current cafeteria due to them being in separate buildings. The occupancy numbers attributable to the below sales are 800‐

900. Values are reflected in United States Dollars (USD). Please note that these figures do not include coffee services, which is a profitable operation at the current facility.

Breakfast Lunch

2024 $239,906.69 $278,086.69

2023 $211,466.76 $245,120.67

2022 $165,785.49 $192,169.46

2021 $101,321.72 $117,446.58

1. In the NEC, formerly external building locations now will be housed in one building, thus the occupancy will increase by 300‐ 500 people. The Embassy believes a varied menu serving food for American, Mexican, and international patrons will attract a larger clientele.

III. DESCRIPTION OF FACILITIES

A. Major Points of Sale. There are several areas where the Licensee will be responsible for, from the kitchen spaces for food preparation, food storage, food servery, and dining spaces. The Licensee shall be responsible for the correct usage, maintenance, and cleaning of all spaces. The Licensee shall provide complete Point of Sale (POS) system to include the acceptance of patron’s use of credit and debit cards in an expeditious manner at cafeteria.

1. Main Cafeteria: The main cafeteria is located on level 1 and includes an indoor seating capacity of 195 and outdoor seating capacity of 146 and is open from 7:00am to 4:00pm with breakfast served from 7:00am to 11:30 am and Lunch from 12:00 pm to 4:00

pm. Details of the size and amenities of the main cafeteria can be found in section C.2.9, Kitchen, Servery, and Other Spaces.

a) Main Dining Area: This area is comprised of four‐person booths, bars with single high‐chairs, two‐person and four‐ person tables, totaling seating for 195. This is considered the primary location and located right outside the servery on the 1st level.

b) Private Dining Room: This room, located adjacent to the Main Dining Area, sits 12 people and is considered a location for private events and dining.

c) Main Courtyard: The This outdoor area has two‐person tables which can be combined as needed for larger groups, totaling seating for 146. This is considered an overflow seating and located right outside the Main Dining Area.

2. Consular Plaza: The Consular Plaza is located on the intersection of Casa de la Moneda and Presa Falcon. It is a place where applicants and their family members wait before entering the facilities. Applicants usually begin forming around 7:00 am and appointment end around 3:00pm. Seating will be unavailable.

3. Area of Licensed Spaces:

Kitchen

Section Size in square meters

Back of House Kitchen 170 m2

Dishwashing Room 56 m2

Lockers & Bathrooms (2) 45 m2

Cold Storage Refrigerators (3) 35 m2

Cold Storage Freezer (1) 15 m2

Dry Storage 20 m2

Non‐food Storage 14 m2

Other Storage 4 m2

Closed Office (2) 14 m2

Total Kitchen Area 373 m2

Servery

Section Size in square meters

Main Servery Area 226 m2

Total Servery Area 226 m2

Dining Room

Section Size in square meters

Main Dining Area 408 m2

Private Dining Room 29 m2

Total Dining Room Area 437 m2

Total Area of Spaces

Total Kitchen Area 373 m2

Total Servery Area 226 m2

Total Dining Room Area 437 m2

Total Area of Spaces 1,036 m2

IV. HOURS OF SERVICE

A. Scheduled Service. Service is required from Monday through Friday from 7:30am to 4:00pm. The Licensee shall provide the sale of food and beverages throughout regular office hours.

Unless otherwise specified and agreed upon by both parties, meal services shall be served from Monday to Friday, according to the following times:

Breakfast Lunch

7:30 AM to 10:30 AM 11:30 PM to 2:30 PM

1. Staff Shifts: the licensee will be allowed to access their spaces for food preparation, cleaning, and other tasks, from six (6:00am) in the morning, and until six (6:00pm) in the evening from Monday to Friday. Should the Licensee require access to their spaces outside of the specified times and days, there should be a formal written request made to the USG no fewer than 48 hours prior to the requested times and dates.

2. Holidays and Special Dates: the Licensee shall refrain from accessing and offering food services in the embassy compound on dates specified as “holidays” in this agreement, as detailed in Exhibit C. The Licensing Officer’s technical representative will provide a yearly update to the observed local and federal holidays as soon as it is issued by the State Department.

a. Schedule Modifications. The Licensor may change the hours and days of operation to be consistent with changes in Embassy policy. Licensee requests to modify hours or days of service shall be submitted to the Licensing Officer for approval at least five working days before required modifications. In addition to routine service, the Licensee may also be approached by employees within the Embassy to cater evening meals, weekend events, luncheons, and special events. All events held on the Embassy compound must be approved by the Technical Representative and the Regional Security Officer (RSO).

V. RESPONSIBILITIES OF THE LICENSEE

A. General. The Licensee shall provide prompt, efficient, and courteous service, and avoid undue interference with the operation of the Embassy while service is provided. The Licensee shall obtain licenses and permits and observe all applicable building, health, sanitary, and other regulations and laws. The Licensee shall:

1. Employ sufficient and suitable personnel;

2. Secure and maintain insurance;

3. Maintain records;

4. Submit reports as required by the Embassy; and,

5. Observe other Agreement requirements.

B. The Licensee shall pay each and every fee, cost, or other charge incident to or resulting from operations under the Agreement. The Licensee shall exercise reasonable care in the use of space and Licensor‐ owned equipment. When the Agreement ends, the Licensee will yield such space and equipment in as good condition as when received, except for:

1. Ordinary wear and tear; and

2. Damage or destruction beyond the Licensee’s control and not due to the Licensee's fault or negligence.

C. Description of Services: The Licensee shall operate and manage the cafeteria in the Licensee’s name at the Embassy. The Licensee shall prepare and serve meals in accordance with the requirements of this Scope of Work and must always comply with health regulations and standards specified in the CDC’s “Food Service Guidelines for Federal Facilities”, Hazard Analysis Critical Control Point (HACCP) procedures and guidelines, and standard industry practice.

1. Service Options: Cafeteria service shall have an option for cafeteria/buffet style with separate stations offering dining options for the USG staff and visitors, as well as à‐la‐carte options for a population of approximately 1,200 diners. All food shall be prepared from the best available ingredients to complement the menu of the day. Such preparation shall be continuously supervised by the Contractor’s senior catering personnel.

2. Meals Preparation:

a) In‐Site: All meals shall be prepared in the facilities provided by USG and shall always comply with statutory health regulations and the best of current commercial practices.

b) Off‐Site: Certain food items (ingredients, fruits, vegetables, etc.) may be pre‐prepared offsite only with the explicit pre‐approval of USG. Contractor shall submit a detailed itemized list of all proposed pre‐prepared items for USG approval.

3. Meal Control and Reserves: The Licensee shall establish good quality and quantity control of available meals. For that purpose, the Licensee shall:

a) Establish and maintain efficient control over the production of meals and associated items.

b) Ensure there is enough food noting that there are no limits imposed, within reason, by the USG on the quantity of food which may be consumed by each staff member in the cafeteria dining room.

c) Ensure that the full range of choices is maintained throughout the regular meal hours except for á‐la‐carte options.

d) Present alternatives to the menu where possible to ensure that variety is maintained.

e) Ensure by regular checks and replenishment, that there are always adequate quantities of take‐away fruit, cakes, to‐go containers and cutlery, and packing materials available. To go containers and cutlery shall be made of sustainable products (either compostable or recyclable).

f) Ensure that all foods are prepared from fresh ingredients where appropriate, and in a hygienic manner.

g) Submit an appropriate food safety program for USG approval. This program shall identify key performance indicators, regular and formal audit processes. HACCP procedures, microbiological sampling analysis and reporting systems as well as regular program reviews.

h) Make every effort to minimize waste including stock control and rotation and shall ensure that food items are not repurposed.

4. Dish Labeling: The Licensee shall label all dishes, naming the dish and listing major ingredients, known common allergens, (such as nuts, wheat products, seafood, eggs and gluten) and know common food intolerance (i.e. lactose intolerance). Allergen policy shall be prominently displayed.

5. Supply Management: The Licensee shall procure, supply, transport and store all food items and other consumable materials required to cater to staff and visitors of the NEC and shall ensure that refrigerated storage is used prior to and during transportation to the facilities as per the recommended protocol. The Licensee shall supply appropriate material handling, storage, and delivery facilities prior to and during transportation to the NEC.

a) Inventory Control: The Licensee shall supply and maintain on‐site adequate stock, always appropriately stored, of frozen, chilled and dry goods, other consumable and non‐ consumable supplies necessary to provide uninterrupted food services for the adequate number of days which would mitigate potential logistical challenges that might arise.

b) Inventory Management: The Licensee shall develop and document systems, and provide training to employees, in stock holding and stock rotation.

c) Expired Goods: Goods where the “use by” or “best by” dates have expired or packaging is damaged, shall not be used.

Products that are past their “use by date”, “use before date”, best before date” or the like, will be discarded or donated by Contractor.

d) Hazard Analysis Critical Control Point Procedures (HACCP): All food preparation, storage, transportation, or handling in anyway whatsoever shall be strictly in accordance with applicable statutory regulations and Hazard Analysis Critical Control Point (HACCP) procedures and guidelines.

6. Appearance & Housekeeping: The Licensee shall ensure that the general appearance of service areas is always maintained at a clean and high standard of presentation.

a) The general appearance of the supplementary service areas and dining room shall be always maintained at a clean and high standard of presentation.

b) The Licensee shall ensure that all food served will be well presented, in a contemporary manner.

c) Staff and visitors shall be required to return dirty dishes and cutlery to plate return points; however, the Licensee shall ensure that the tables are promptly cleared as necessary by removing any soiled dishes, providing clean dishes where necessary (Private Dining Area, etc.), and assuring that tables and chairs are cleaned before each patron is seated.

d) Dining facilities should leave a favorable impression of the Embassy to guests and employees. Space, facilities, and equipment provided by the Embassy must be consistently maintained in optimum condition and appearance.

7. Customer Feedback: The Licensee shall implement a strategy so clients can easily submit feedback (i.e. comments and recommendations) which shall be also easily accessible to the Licensing Officer.

D. Menus. The Licensee shall provide a variety of quality‐prepared foods and beverages at reasonable prices (fair market value). The variety and appearance of food in the cafeteria on each operating day shall be consistent with approved food service standards and comparable for American and European business cafeterias. The Licensee shall plan and advertise advance weekly menus through various media, in addition to posting of daily menus near the service counter. The Licensee shall make a reasonable effort to adhere to the range of menus and prices submitted in its offer. If the Licensee determines that prices must be raised, it shall notify the Licensing Officer of the price increases (item by item) and a justification supporting these increases at least fourteen (14) days before the effective date of the price increase.

1. Menu Planning: Menus shall be authentic in dish description, healthy and balanced. Meals shall be developed from quality ingredients by qualified personnel and be prepared in a hygienic manner. The Licensee shall ensure that menus are designed and prepared in accordance with healthy lifestyle considerations.

2. Innovation and High‐Quality: The Licensee shall ensure that the choices for each meal are innovative, of high quality, and diverse in selection and presentation based on an agreed upon rotation.

3. Healthy Eating Promotion: The United States Government encourages the availability, promotion, and consumption of healthier foods and beverages to support optimal health and prevent nutrition related chronic diseases, several of which are among the leading causes of death.

a) Healthy Eating Program: The Licensee shall develop specific healthy eating program(s), informing staff of the benefits of healthy eating. Emphasis will be made on a nutritionally balanced diet for good health. The Licensee will provide a range of different foods with each meal. The menu selection shall limit the availability of high fat content dishes at each meal by offering menu items that have been prepared with healthy eating in mind and using low fat, high fiber ingredients.

b) Healthy Eating Requirements: The Licensee shall maintain a high standard of quality, variety, seasonal suitability, and presentation always and shall ensure that healthy eating is promoted in the composition of its menus and in the production and service of meals, adhering by the Food and Nutrition Standards specified in the Food Service Guidelines for Federal Facilities published by the CDC. Food Service Guidelines for Federal Facilities can be found in Exhibit D.

4. Themes & Specials: As part of the Contractor’s plan to mitigate outside competition and maximize operational success, themes and specials can be offered. These may be varied and should highlight special occasions, holidays, food items, local cuisine, etc.

a) Plate of the Day: The Contractor shall offer a plate of the day, which will consist of a soup, a protein with two (2) sides, a juice or beverage, and a dessert. This plate shall contain all the necessary nutrients for a balanced meal and be offered at a price comparable to market standard for commercial cafeterias.

5. Á la carte: The Contractor shall offer, separately from the Plate of the Day, additional options that would be made to order. Such items shall include, but not be limited to: Sandwiches, grilled meats, and other items specified in Section: D ‐ Menus. The pricing for these items shall be competitive.

6. Cook‐to‐Order: Staff may order cook‐to‐order items (defined by the Contractor) during mealtime; the menu shall clearly state this requirement.

7. Condiments & Consumables: The Licensee shall provide a limited selection of condiments, dressings, and seasonings to complement the menus.

8. Menu Display & Publication: The prepared menu shall be presented in according to industry standards and using the servery equipment displays, listed in Exhibit B of this document. The Licensee shall work with DT to update the Menus on the various screens around the Embassy, including the Menu screens in the cafeteria, and announcement screens on each level. The menu shall also be made available digitally for all the Embassy community the week prior to service.

a) The preparation, compilation, and publication of a monthly menu shall be undertaken by the Licensee in a format approved by the USG. All menus shall be approved by the Licensing Officer or their assigned representative in advance.

b) Submission of the following month’s menu shall be no later than at the end of the third week of the current menu cycle. Each monthly menu submitted shall include an analysis by food item type, ingredients and an estimate of calories per serving for each main course.

9. Calorie and Nutrition Labeling: The Licensee shall provide calorie and nutrition information of standard menu items as required by the Food and Drug Administration (FDA) in Menu Labeling Final Rule: Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments, also mentioned in the Food Service Guidelines for Federal Facilities.

a) To obtain additional information the full rules are available in the Federal Register.

(1) https://www.federalregister.gov/articles/2014/12 /01/2014‐27833/food‐labeling‐nutrition‐labeling‐ ofstandard‐menu‐items‐in‐restaurants‐and‐similar‐ retail‐food.

10. Menu Standards: Meals shall adhere to the Food and Nutrition Standards from the Food Service Guidelines for Federal Facilities, published by the CDC. The following are examples of meals and meal components that may be available throughout the dining areas at all mealtimes to include the following:

a) Non‐alcohol Beverages:

(1) Soft drinks

(2) Iced Tea both Sweet and Unsweet

(3) Chilled Water

(4) Cold Milk – Whole, 2%, Skim

(5) Coffee, caffeinated and decaffeinated

b) Condiments:

(1) Table salt, either iodized or low sodium

(2) Pepper, white and/or cracked black Pepper

(3) Salad dressings, to include but not be limited to:

Italian, French, Ranch, Thousand island, Balsamic, and diet varieties.

(4) Ketchup

(5) Mustard, Dijon or American

(6) Pickles and relishes

(7) BBQ Sauce

(8) Worcestershire Sauce

(9) Soy sauce.

(10) Mayonnaise, traditional and low fat.

(11) Vinegars and quality olive oil in dispensing bottles.

Vinegar shall include balsamic and red wine.

(12) Pre‐packaged, individual serving size honey, jams, marmalade, peanut butter, and maple syrup available during breakfast service.

c) Consumables:

(1) Paper napkins in dispensers on the table, at the food serveries and condiment stations.

(2) Individually paper wrapped toothpicks to be dispensed at the condiment stations.

(3) Disposable forks, knives, and spoons.

d) Baked goods and bakery products:

These shall be displayed in a contemporary manner utilizing baskets and wooden style crates and dispensers. Bakery items will be fresh, either self‐baked or procured from local suppliers where possible and shall be made available on a daily basis.

(1) Options may contain selections of bread (white, multigrain, wholegrain and gluten free bread) and can be of sandwich size.

(2) Rolls including white, wholegrain and multigrain.

Rolls should be baked fresh on site. Muffins, croissants, and Danish pastries can be served on a rotational basis.

e) Breakfast: A standard breakfast can include options such as the following:

(1) Fruit juices (fresh).

(2) Seasonal fruits.

(3) Choices of packaged fresh fruit salad.

(4) Baked goods and pastries.

(5) Cereals such as raw and toasted granola, etc.

(6) Dairy products such as fresh whole milk, fresh low‐fat milk, full fat soy milk, and natural Greek style plain and flavored yogurt, etc.

(7) All styles of eggs can be served daily to include fried, poached, scrambled, boiled and omelets.

(8) Sides may include hash browns or another fried potato (fries, potato wedges, etc.,). Hash browns and the like shall be deep fried and not baked.

(9) Grilled bacon and grilled sausages (to include breakfast, thin, beef, pork, chicken).

(10) Local cuisine breakfast dishes, which should include a well‐balanced combination of macros (protein, fats, carbohydrates).

f) Lunch: A standard lunch can include options such as the following:

(1) Soups such as stews, broths, consommés, etc.

(2) Roasts of meats and/or poultry.

(3) Local cuisine plate of the day, which should include a well‐balanced combination of macros (protein, fats, carbohydrates).

(4) A wet dish such as stews, curries, casseroles, etc.

(5) A dry dish such as breaded chicken, cutlets, tenders, hamburgers, and other grilled meats and seafood.

(6) Healthy lifestyle dishes can be provided and should adhere to the following

(7) Choices of vegetables may be served at every meal:

(a) Vegetable choice such as baked sweet potato, mixed roasted vegetables, mornay and cheese sauces as appropriate, braised savory cabbage, ratatouille, roasted vegetables, etc.

(b) A green vegetable choice that has no butter dressing and has not been fried such as steamed broccoli, green beans, spinach, baked brussels sprouts etc.

(c) Frozen vegetables can be served using varietal practices such as adding carrot Julianne to peas, combining peas and corn, tossing green beans in butter and almond flakes.

g) Salad Bar: The Licensee should offer a variety of fresh items in the salad bar. Such selection can include:

(1) Mixed leaf salad, tossed green salad, mixed vegetable salad, roast vegetable salads, rice and pasta salads, potato salad etc.

(2) Assorted vegetables.

(3) Assorted toppings.

(4) Assorted dressings.

h) A selection of freshly baked bread on site may be provided at a suitable display station in the dining room.

i) A selection of crackers, cookies, and other snacks may be made available for purchase.

j) Soft serve ice‐cream can be offered.

11. Cubed Ice: Contractor shall maintain ice machines and is responsible to ensure an adequate supply of cubed ice is made available for the use of staff and visitors during regular office hours.

a) Ice Machine Cleaning and Maintenance

b) Ice machines shall be sanitized on a weekly basis.

c) Galvanized or stainless‐steel commercial grade scoops shall be used; no plastic scoops shall be used.

d) Maintenance shall be in accordance with manufacturers’ warranty requirements.

e) Acceptable standards of documentation shall be maintained and available for inspection by USG and other authorized auditors.

E. Additional Services. The Licensee shall make provision for the following services in addition to the work previously described. Additional services may only be authorized by USG and shall consist basically of the catering for special functions and additional janitorial services at the request of USG.

1. Functions & Special Events: The Licensee shall perform special functions and catering requirements for special events from time to time as advised and authorized by USG in accordance with all provisions set forth in the Licensing Agreement. Approved functions include but are not limited to meetings, management dinners. and visiting dignitaries, milestone events and other community events.

Costs shall be in accordance with either the schedule of rates or as agreed with USG.

2. Individual Catering Services: Catering services may be provided to individuals from agencies within the embassy using the facilities and equipment provided.

a) Any catering services agreed upon shall be between the individual requestor and the Licensee. The contractor is encouraged to make available informational material and pricing for catering services.

F. Equipment and Utensils Provided by the Licensee. The Licensee shall be provided with an initial inventory of tools and equipment which they will be able to use and operate but also have to perform all required maintenance to ensure correct functionality of such equipment. Exhibit C provides a detailed list of the current cafeteria’s inventory.

1. Should any tool or equipment become damaged or need replacement, it is the Contractor's responsibility to repair or replace.

2. Any equipment that has become non‐operational, or poses a health, safety, or food safety risk to operators, customers, embassy staff, or embassy contractors, shall be removed from service immediately and repaired or replaced.

3. The Contractor shall provide all the materials and parts required by the equipment to operate. This includes dishwashing liquids, oils, filters, lightbulbs, etc.

4. Preventive Maintenance Program: The Licensee shall be responsible for maintaining, cleaning, and providing timely equipment related service requests to ensure operable condition of all USG‐owned equipment. Timely submittal of service request should be no more than four (4) hours for major equipment and no more than one (1) days for all others. Major equipment will be identified by the USG‐assigned representative.

a) The Licensee is required to establish and perform a preventive maintenance program on all contractor owned and provided equipment during the term of this contract.

b) The preventive maintenance will be in accordance with the manufacturer's recommendations for each individual piece of equipment. The preventative maintenance shall be performed no less than quarterly per calendar year.

c) The Licensee will maintain on file, in the cafeteria, the preventive maintenance work/log that was performed and the dates that each job was accomplished and be available for USG review. A comprehensive and well managed preventive maintenance program should reduce the need to replace/repair equipment over the life of the Licensing Agreement.

d) If the Licensee fails to perform, report, or follow the preventive maintenance instructions, proper operation or cleaning of Government‐owned equipment, the Licensing Official has the right to obtain the services of a recognized maintenance company and bill the Licensee for the cost of such services.

5. Misuse of Government’s Furnished Equipment: In the event of improper usage, vandalism, or abuse of government furnished equipment by Licensee employees, the Licensee will be responsible for equipment preventive maintenance, repair, or replacement of said equipment.

G. Sanitation and Quality.

1. The Licensee shall serve tasty, appetizing, and quality food, under clean and sanitary conditions with the provisions and recommendations contained in the most recently published Food Code, U.S. Public Health Service publication.

2. 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.

a) The most recently published Food Code, U.S. Public Health Service publication can be found in the following link https://www.fda.gov/food/retail‐food‐protection/fda‐food‐ code.

b) A copy of the 2022 Food Code is found in Exhibit F.

3. Microbiological Testing: In addition to Licensee’s standard quality system and procedures, the USG requires that Licensee arrange for independent microbiological testing of cooked and raw food items, utensils and food preparation and storage facilities on a monthly basis. This will also involve off‐site suppliers.

a) Results of the microbiological tests will be made available to USG and if required Licensee shall be responsible for ensuring remedial action is taken immediately.

b) Monthly testing shall be carried out at the expense of Contractor and any necessary deficiency rectification including subsequent testing will be the responsibility of Contractor.

4. Plateware and Glassware Sanitization: Plateware and glassware shall be sanitized according to Food Safety Standards specified in the Food Code, which provides guidance for a uniform system of addressing food safety issues in all retail food and food service establishments, such as restaurants, cafés, and cafeterias.

This publication is a joint effort between the Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC), and USDA’s Food Safety and Inspection Service.

5. Uniforms, PPE, and Food Safety Supplies: The Licensee shall supply and maintain all its kitchen and dining room personnel with laundered uniforms, kitchen linen, Personal Protective Equipment, appropriate hand and head wear and personal protective equipment in accordance with applicable health and industrial regulations.

a) Uniforms shall clearly identify contractor personnel and ensure that the relevant personnel always wear such apparel during their duty shift.

6. Health Exams: The Licensee at his own expense shall have each employee receive the following health exams prior to employment and either yearly or after every trip to home country, whichever is more frequent. The result of these exams will be given to the Embassy’s Regional Medical Officer (RMO) for review. No employee may work in the Cafeteria without the RMO’s approval.

a) Chest x‐ray

b) Exam of:

(1) Mouth,

(2) Lungs,

(3) Skin.

c) Blood Test

d) Urine Test

e) Stool Test

7. Illness Outbreak: Any suspected outbreak of illness, whether involving employees or visitors, is to be reported immediately to the USG and COR and investigate to determine the source of the outbreak. (A suspected outbreak of human illness results when two or more persons have common symptoms that could be associated with contaminated water or food sources or other adverse environmental conditions).

a) All employees assigned by the Licensee to perform work under this cafeteria Agreement shall be physically able to do their assigned work and shall be free from communicable diseases.

H. Personnel and Supervision.

1. Overall Structure: The Licensee shall employee enough 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 Licensee shall at all times provide adequate staff of food service employees to perform the varied and essential duties inherent to this Scope of Work to ensure a successful food service operation. These staff can be distributed into three categories: Administrative, Kitchen, and Servery staff.

a) Administrative staff: shall include, but are not limited to: Supervisors, accountants, recruiters, storekeepers, etc.

b) Kitchen staff: Kitchen staff shall include, but are not limited to: Chefs, sous‐chefs, bakers, cooks, dishwashers, food preppers, etc.

c) Servery staff: Servery staff shall include, but are not limited to: Cashiers, servers, etc.

2. Staffing Requirements: The Licensee shall ensure that the food service points are always adequately staffed and supervised by senior catering personnel to make certain that the presentation, availability and quality of food remains at a consistently high standard throughout the entire meal service period.

a) It is the responsibility of the Contractor to determine and communicate the organizational chart of their staffing structure for the services provided.

b) The Contractor shall be responsible for developing, publication of work practices and training employees, including enforcement, and always observing correct standards of personal hygiene. All kitchen and dining room staff shall have a minimum of safe food handling course or equivalent.

3. Continuity of Operations: The Licensee shall recognize that services covered by this Agreement are vital to the successful accomplishment of the Government’s mission. The Licensee shall maintain continuity of services without interruption throughout the entire term of the contract according to the terms set forth herein. If the Government has a delayed opening or early closing the Licensee shall follow the official OPM guidelines and is permitted to open late, or close early.

a) Daily Service: Service should be provided every day that the U.S. Embassy is not closed. Furthermore, the Contractor may be told to continue operations in whole or in part in the event of a government “shutdown” due to a failure by Congress or the president to agree on an operating budget.

b) Dismissal from Work: In the event Federal employees are dismissed from work for any reason (e.g., due to severe weather, unanticipated holidays declared by the President, civil unrest, or failure of the Congress to appropriate funds, etc.), the Contractor may be required to temporarily cease operations.

(1) The Government can utilize the foodservice facilities at any time and request the Contractor suspend operations. The Government will not be liable for any claim for business lost during such a suspension of Government operations or because of any directives issued by OPM or any orders relative only to the USG.

c) Resumption of Operations: The Contractor will resume normal operations on the following Government business day.

The Contractor is required to notify the COR immediately if normal operations cannot be resumed on that day.

4. Reporting: The Licensee shall provide periodic reports of food inventories, utensils, food sold, mishaps and near‐misses, and other information for the COR to effectively supervise the contract.

5. The Licensee shall require that each employee assigned to work under this Agreement sign, or otherwise acknowledge, a statement that he or she is neither employed by the Licensor/Embassy and is not entitled to any rights nor benefits of the Licensor/Embassy.

6. Licensee employees must be approved by Embassy security before working under this Agreement. The Licensee shall furnish personal history forms of all employees the Licensee proposes to work under this Agreement. These forms are available from the Embassy.

7. The Licensee shall employ a full‐time manager. The Licensee may take advantage of administrative efficiencies by leveraging management staff already assigned to the Janitorial Contract to fulfill this requirement.

8. The Licensee’s employees shall wear a distinctive item of clothing such as a badge, cap, armband, blouse, or uniform as a means of identification when they are in the building. The Licensee’s employees shall wear proper uniforms, including hair nets and/or head covers when they are performing their duties in the building.

Legible nameplates identifying each employee shall be displayed as part of the uniform.

9. The Licensee’s employees shall be required to change their clothing in locker rooms and to maintain the room in a neat and clean condition.

10. Employees of the Licensee shall be fully capable of performing the type of work for which they are employed.

11. The Licensee shall provide adequately, trained…