16 FINAL NY TRACON NO COST CAFETERIA CONTRACT FEB 2016.doc

DTFAEN-16-R-NY TRACON CAFÉ

Operation of Food Service Concession at No Cost to the Government

At the

NY TRACON Facility--1515 Stewart Avenue Garden City NY 11590

(SF-33) FAA Template No. 2 (12/08)

Federal Aviation

Administration

Eastern Service Area AAQ-510NY 1 Aviation Plaza

Jamaica NY 11434-4809 March 7, 2016 Prospective Offeror:

The FAA has been exempted from several Federal laws and regulations as part of the 1996 DOT Appropriations Act, signed into law by President Clinton on November 15, 1995. Some of the exemptions include the Federal Acquisition Streamlining Act of 1994, the Small Business Act, the Competition in Contracting Act, and the Federal Acquisition Regulations. The FAA’s new Acquisition Management System (AMS) became effective on April 1, 1996.

In accordance with AMS Policy 3.8.4.2 Government Sources for Products and Services (Revised 10/2014) The CO may use available Government sources when they offer the best value to satisfy FAA's mission need. However, pursuant to FAA policy, the CO must acquire products and services offered through the Randolph-Sheppard Vending Facilities Program (20 U.S.C. 107) and the Javits-Wagner-O'Day Program) (41 U.S.C.§§ 8501-8506). Ability One.

The National Industries for the Blind (NIB) has been selected as one of the two nonprofit organizations to support the program, as such; this requirement has been procured through NIB as the mandatory source.

Enclosed please find a Request for Offer (DTFAEN-16-R-NY TRACON CAFE) Operation of Food Service Concession at No Cost to the Government at the NY TRACON – Westbury, NY Please see Part IV – Section L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS, for complete proposal submission requirements.

Should you have any questions regarding this process, please feel free to contact Maria Rosu by email: maria.rosu@faa.gov Sincerely, Maria Rosu

Contracting Branch, AAQ-510NY Tel: 718-553-3084

THIS CONTRACT IS A RATED ORDER

FORMCHECKBOX

Yes FORMCHECKBOX No

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YES

NO

Federal Aviation Administration

ATTN: Maria Rosu

1 Aviation Plaza

Jamaica, NY 11434-4809

SAME AS BLOCK 7

SOLICITATION

9. Offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place in the depository specified in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L.

11. TABLE OF CONTENTS

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OTHER STATEMENTS OF OFFERORS

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OFFER (must be fully completed by Offeror)

12. In compliance with the above, the undersigned agree, 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.

13.

DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 3.3.1-6)

15A..

NAME

16.

NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

AND

ADDRESS

OF

OFFEROR

15B.

TELEPHONE NO. (Include area code)

15C.

CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT

21. ACCOUNTING AND APPROPRIATION DATA

SYSTEM GENERATED AWARD DOCUMENT

SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

FAA/MMAC PO BOX 25710, OKLAHOMA CITY, OK 73125

Karina Espinosa

OMB Control No. 2120-0595

(SF-33) FAA Template No. 2 (12/08

PART I - SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

DTFAEN-16-R-NY TRACON CAFE

PAGE

OF

Operation of Food Service Cafeteria at No Cost to the Government at the NY TRACON Facility

1515 Stewart Avenue – Garden City NY Base Year Period: 06/01/2015-09/30/2015

Operation of Food Service Cafeteria Option Year 1: 10/01/2015-09/30/2016

Operation of Food Service Cafeteria Option Year 2: 10/01/2016-09/30/2017

Operation of Food Service Cafeteria Option Year 3: 10/01/2017-09/30/2018

Operation of Food Service Cafeteria Option Year 4: 10/01/2018-09/30/2019

Operation of Food Service Cafeteria A Preproposal Conference is scheduled for Wednesday , April 26, 2016 @ 10:00 a.m. @ NY TRACON Due to security reasons, no other date will be available.

Qualified Offerors shall e-mail Maria Rosu@faa.gov list of attendees no later than Noon-April 19, 2016.

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NSN 7540-01-152-8067

36-109

STANDARD FORM 36

PART I - SECTION C

Operation of Food Service Concession

At “No Cost” to the Government

At the

NY TRACON, Westbury, NY

WORK STATEMENTS FOR OPERATION OF FOOD SERVICES CONCESSION UNDER NAICS CODE: 722310-FOOD SERVICE CONTRACTORS

1. SCOPE OF OPERATION

A. The Operator shall establish and operate in his/her name a cafeteria and snack bar concession at the Federal Aviation Administration NY TRACON, 1515 Stewart Ave., Westbury, NY 11590, for the purpose of selling foods, non-alcoholic beverages and such other items as may be authorized in accordance with all terms and conditions specified herein.

B. The Contractor must provide adequate and appetizing meals for employees. These meals must be served under clean and sanitary conditions at reasonable prices. The FAA will provide, for use by the operator, floor space; FAA-owned equipment as shown in Exhibit l; and utilities required for the preparation of food and the operation of vending machines required under this contract.

2. DESCRIPTION OF CAFETERIA AREA

This cafeteria is approximately 2050 square feet of which approximately 805 square feet is the dining area and approximately 1245 square feet are the food preparation areas, scullery area, serving line area, vending machine area and tray return area. The Operator has custodian responsibility for all areas in the cafeteria, except the rest rooms. In addition the Operator will wipe all tabletops and chairs in the dining area at the start of the Hot Breakfast and Hot Lunch each day. The Operator will establish a cleaning schedule for this area, subject to the approval of the Contracting Officer’s Representative (COR).

3. OPERATION OF THE TERMINAL RADAR APPROACH FACILITY

A. The NY TRACON operates twenty-four (24) hours per day, seven (7) days per week, divided roughly into the following shifts with the indicated estimated number of employees:

Work Shift

Approximate Number of Employees

Monday thru Friday- 7:00 a.m. – 3:00 p.m.

Monday thru Friday- 3:00 p.m. – 11:00 p.m.

Monday thru Friday- 11:00 p.m. – 7:00 a.m.

Saturday and Sunday- 7:00 a.m. – 3:00 p.m.

Saturday and Sunday- 3:00 p.m. – 11:00 p.m.

B. The provisions of this clause are intended for information purposes only and are not to be interpreted in any manner as indicating the hours of operation of the cafeteria. 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 cafeteria. Personnel other than FAA employees such as contractors, vendors and visitors may also use the cafeteria in indeterminate numbers.

4. HOURS OF OPERATION OF CAFETERIA AND SNACK BAR

A. Staffed service of the cafeteria-snack bar will be required thirteen (13) hours per day (6:00 a.m. to 7:00 p.m., five (5) days per week and 6:00 a.m. to 2 p.m. Saturday and Sunday.

B. The cafeteria will be closed for Official Federal Holidays only.

5. OPERATION OF VENDING MACHINES

A. The Operator will furnish, install, operate, service and maintain vending machines dispensing, at a minimum, the following products:

1. Candy, Chips, Cookies

2. Beverages, Cold and/or Hot

B. Additional vending machines may be installed by the Operator with the prior approval of the Contracting Officer.

C. Location of the vending machines will be designated by the Contracting Officer. The Operator is responsible for keeping the vending machines stocked and available for the use of Government employees twenty four (24) hours a day, seven (7) days a week, including all holidays. No person or organization, other than the Operator, or his subcontractor, will be permitted to operate vending concessions within the building. The vending machines shall be modern and sanitary. Defective vending machines shall be repaired or replaced by the Operator.

D. The contractor may subcontract vending machine operations if he/she so desires; in which event such subcontract shall be in writing. A copy of each subcontract shall be made available to the Contracting Officer immediately upon execution. The subcontract will include the items to be vended and the commission to be paid by the vendor the contractor, the schedule of machine servicing and such other provisions as may be necessary. If subcontracted, the commission rates shall be established by competitive bidding by a representative number of vending concerns. In any event, whether subcontracted or not, commission rates (or equivalent amounts in the case of contractor owned vending operations) shall not be less than the going rates applicable in the locality for the items vended. The subcontractor’s accounting systems and procedures shall be compatible with those of the contractor. Contractor shall credit vending machine commissions or equivalent amounts in lieu thereof to costs and expenses of the cafeteria operation.

6. MENUS

A. The variety of items that shall be served on a staffed service in the cafeteria snack bar shall, at a minimum include soup, sandwiches, vegetables, rolls, milk, etc. to be discussed at the presentation.

B. The entrees on the hot plates shall be varied from day to day and solid entrees shall be served not less than three times for each two times that stews or ground meats are served. Canned or frozen foods may be served but a reasonable quantity of fresh fruits and vegetables shall be served in season. Each day’s menu shall be well balanced nutritionally. The Operator shall endeavor to serve specific menu items that will appeal to the majority of patrons. The Operator, subject to approval by the Contracting Officer, may determine the variety types of breakfast, lunch and dinner. During each serving period, easy-to-read menu boards including prices shall be prominently displayed for the information of patrons. The menu boards shall be of a type that matches the décor of the building and meets the approval of the building manager. The intent of the Government is to provide Government employees with adequate and appetizing meals, prepared and served under clean and sanitary conditions at reasonable prices. The Operator shall submit his proposed weekly menus to the Contracting Officer, who will review it to assure adequate variations of meals and entrees. Each week’s menu shall be posted in the cafeteria one week in advance. Variations from scheduled menu may be permitted provided entrée of equal quality is substituted, subject to approval by the Contracting Officer’s Representative.

C. In lieu of a salad bar, a daily offering of fruits and vegetables, sold in containers is to be available.

7. SALES PRICES

Prices of food items must be fair and reasonable in comparison to other relevant local commercial enterprises. With his/her offer, the contractor shall submit a proposed sales price list. This list shall describe all items proposed to be sold, and shall indicate the portion and size of each item. All prices shall be subject to the approval of the Contracting Officer. Sales prices for individual items shall be prominently displayed at the locations where such items are sold. At the beginning of the contract period, sales prices shall be at a level that is established in the offer and approved by the Contracting Officer. Thereafter, they shall be increased above the established level only with the approval of the Contracting Officer, and only as justified by increases in operations costs. As a prerequisite for approval, the Operator shall furnish the Contracting Officer adequate documentation of increases in operating costs above the average of those for the first six months of operating or any subsequent six-month period.

8. QUALITY OF FOODS AND SERVICES

The Operator shall serve appetizing foods, promptly and efficiently, under clean and sanitary conditions, at reasonable prices and shall prevent delays and service interruptions. Throughout each serving period, the Operator shall effectively and expeditiously accomplish cleaning of table tops by damp wiping, and removal of spillage from chairs. A thorough cleaning of chairs shall be performed by the operator as required. If trays are used, patrons will place dirty trays in a rack or other approved areas as designated by the Operator.

The Operator must serve food consistent with national stats and local standards applicable to commercial enterprises in the local area. 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 Grade A or B canned goods, shall be sold. Exception, U.S. Commercial Grade beef may be used in pot roasts and stews. Only Boar’s Head cold cuts shall be sold. All foods served shall be wholesome and free from spoilage and decay. Uncooked items, such as fresh fruits, shall be clean and free from blemish. Salads and sandwiches shall be made fresh daily and all foods shall, when served, be attractive in appearance and correct in temperature and consistency.

The following types of articles may be sold at the vending stand: fresh fruits, commercially wrapped or pre-packaged items such as confections (candies, drops, gum, mints, nuts), cookies, ice cream, potato chips and similar snacks, headache remedies, and other such items as the Contracting Officer or Contracting Officer’s Representative may authorize.

9. PREPARATION OF FOOD

The Operator will prepare all food with the exception of pies, pastries, bread, bagels and rolls to be served under this contract within the building made available to him/her under its terms.

10. GARBAGE DISPOSAL AND CLEANING

The Government will provide janitorial service once per day on the evening watch in the employee dining room and in the toilets in the kitchen area. The Operator is responsible for cleaning, collecting and disposing of trash and food waste as follows:

A. In addition to the Government provided cleaning, the Operator will provide the necessary intermittent cleaning of the dining area floor and of the ceramic tile area. This cleaning shall be as frequent as necessary to maintain both the dining area and the area behind the counter in a neat and sanitary condition. Spills will be immediately cleaned by the Operator; damp mopped in the ceramic tile area and thoroughly wiped up.

B. The Operator will damp wash the dining room chairs and tables and do spot cleaning in the kitchen area.

C. The Operator will perform his heavy duty cleaning in the kitchen area, walk-in refrigerator, storage rooms, trash room, rear platform and stairs, and general washing of the dining room chairs and tables.

D. In the case of the Government furnished equipment, it will be the Operator’s responsibility to perform the following:

1. Keep the deep fat fryers and toaster clean and in serviceable condition.

2. Keep the vent hoods free of grease and thoroughly clean it at least four (4) times a year.

3. Clean air filters as required.

4. Wash and clean all tables and chairs in the dining area as required to maintain a neat and orderly appearance at all times and at least once each hour during peak operation periods. All tables and chairs shall be cleaned so as to maintain a neat and clean appearance.

5. Annually, steam clean floors, walls and equipment within the preparation area and food storage compartments.

6. Monthly, clean walk in freezer and refrigerator.

7. The COR will perform monthly inspections and walk-thru inspections to check for cleanliness and any noted deficiencies must be corrected within twenty four (24) hours of notification. If deficiencies are not corrected the FAA will take action and bill the vendor.

E. Food Wastes

All food wastes shall be collected by the Operator in heavy garbage bags, sealed and removed by the Operator to the garbage dumpster unit outside of the building and placed therein. Bulk food wastes shall not be disposed of in sinks or drains. Garbage or refuge, which has been bagged or otherwise prepared for disposal, must be taken directly to the garbage dumpster unit and not left for later disposal. At no time may garbage or refuse be left over night in the facility.

F. Debris-Other than Food Wastes

All such debris shall be placed in a plastic can liner and the debris removed by the Operator as often as required to the garbage dumpster but not less than once a day. Debris such as boxes, paper, plastic bags and food wrappers must be taken out to the disposal area (or recycled need be) once they have been prepared for disposal. At no time may such debris be left in the hallways or passageways used for deliveries. The sinks and drains shall not be used to dispose of debris. If a back-up occurs and is determined that the cafeteria vendor caused the back-up, then the invoice will be supplied to the cafeteria vendor for payment.

G. All necessary trash containers shall be provided by the Operator and shall be maintained in a clean and sanitary condition by the Operator. Cans used by the Operator, shall be washed and disinfected at least once per week and more frequently if required.

H. Upon completion and/or termination of the contract, the Operator is responsible to insure that the cafeteria is left in satisfactory condition, equal to the degree of cleanliness that the cafeteria was in at the commencement of the contract.

I. The COR may conduct inspections of the overall cleanliness of the cafeteria. This inspection may include periodic unannounced visits by health officials. The Contractor must immediately comply with any report of unsatisfactory conditions.

11. EQUIPMENT

A. Equipment to be provided by the Government

The Government will provide and the Operator will be permitted to use the equipment listed in Attachment NO. 1, hereto. The Government shall also:

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

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

This is contingent upon availability of Government funds. At no time will ownership of Government furnished equipment transfer to the Operator. No Government furnished equipment shall be removed from the premises for any purpose, except by the Government and with the prior approval of the Contracting Officer’s Representative (COR) in coordination with the FAA Environmental Supervisor.

B. Repairs to Government Furnished Equipment Throughout the contract period, or any extension thereof, the Operator shall maintain, adjust, and repair the Government furnished cafeteria equipment provided for his/her use in a manner satisfactory to the COR. The Operator shall also repair or replace any Government furnished equipment that may be damaged as a result of his/her own or his/her employees’ negligence regardless of cost. It will be the Operator’s responsibility to:

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

2. Keep the vent hood free from grease and thoroughly clean.

3. Clean air filters daily.

4. Immediately inform the Contracting Officer or COR of any equipment that is not working.

C. Replacement or Major Repairs to Government Furnished Equipment When it is found that the cost of making repairs to a piece of Government furnished equipment will exceed the limitations specified in paragraph B above, or when Government furnished equipment has become obsolete or no longer useful for the purpose of originally intended, the Operator shall notify the CO or COR in order that arrangements be made for appropriate repairs or whether a piece of equipment is to be repaired or replaced will be final and Operator’s responsibility for carrying out the terms and conditions of the contract will not be modified in any way by such decision. Replaced equipment shall be turned over to the Government for deposition.

D. Equipment to be Provided by the Operator The Operator shall provide all required equipment not provided by the Government. He shall repair, replace and supplement such equipment as necessary to insure sanitary, efficient and satisfactory operation.

1. Plastic and paper goods of the following quality shall be provided by the Operator for the use of products purchased in the cafeteria. Not to be supplied for items not purchased in the cafeteria. The vendor may charge for items such as plates, cups, forks, etc. as long as prices are posted.

Dinner plate, 8 ¾” Royal Chinet, plastic coated or equal. Dessert and salad plates, 6 ¾” Royal Chinet, plastic coated or equal

Spoons, 6 ½” Hallmark plastic by Shield or equal. Forks, 6 ½” Hallmark plastic by Shield or equal. Knives, 7” Hallmark plastic by Shield or equal.

2. The Operator shall also provide and install at his/her own expense all other required equipment not provided by the Government, as shown on Attachment NO. 1. All such equipment shall be subject to the approval of the Contracting Officer or COR. The Operator shall repair, replace and supplement such equipment to the extent necessary to insure sanitary, efficient and satisfactory operation. Ownership of such equipment shall be vested in the Operator. The Operator must also furnish Styrofoam cups, bowls, all condiments, paper napkins, and trays as may be necessary for vendors use with the purchase of food or drinks.

12. STORAGE SPACE

Kitchen storage space is available in the cafeteria area. Any additional space required will be the responsibility of the Operator. Areas used by the Operator for storage of his/her material and equipment must be clean and orderly at all times free from fire, safety hazards and vermin.

13. EMERGENCY NOTIFICATION

In case of an emergency or you are unable to arrive at the work site on time you shall call the Service Operation Center Desk (SOC Desk) at (516) 683-2860.

14. ACCOUNTING

The Operator shall submit a semi-annual financial statement to the Contracting Officer (CO) through the Contracting Officer’s Representative (COR). It shall include, as a minimum, the information shown in the example on the following page.

Income Statement

Period from to

SALES

Food

Vending Machines

TOTAL INCOME FROM SALES

COST OF GOODS SOLD

Inventory

Purchases

Total Inventory

TOTAL COST OF GOODS

GROSS PROFIT

Less: OVERHEAD

Advertising

Accounting and Legal

Depreciation

Interest and Penalties

Laundry

Miscellaneous

Payroll Taxes

Other Taxes: NY Unemployment Tax

Sales Tax

Sales Tax Reg.

Repairs and Maintenance

Salaries

Supplies: Office

Cleaning

Kitchen

TOTAL OVERHEAD

NET INCOME, (Loss) FROM OPERATIONS

Less: Employee Welfare

Bad Debt

NET INCOME, (Loss)

15. ACCOUNTING DATA

A. Definition of Gross Revenue Gross cafeteria revenue consists of the total receipts received from operations under this contract, from any source, including receipts from the sale of services and supplies, but there shall be excluded from gross cafeteria revenue all vending machine commissions or amounts in lieu thereof, and all sales, use or other taxes collected directly from patrons.

B. Procedures The contractor shall furnish copies of his semi-annual profit and loss statement to the Contracting Officer. The Contracting Officer or his Representatives (auditors) will annually or more frequently if necessary, examine all phases of the financial operation of the cafeteria. Monthly physical inventories of all food stocks on hand, taken by the Operator are desirable for reporting purposes as back-up for the profit and loss statement, but as a minimum, a physical inventory shall be taken every six months. Periodic reviews, conducted jointly by representatives of the contractor and the Government, will be made to insure that the staffing pattern, menu pricing structure, and other phases of the operation are arranged on the most efficient basis, to the end that Government employees are provided with high quality and convenient food service, under sanitary and healthful conditions, at the most reasonable prices possible.

C. Records The contractor shall maintain such accounting records in connection with operations under this contract as are satisfactory to the Contracting Officer. He/she shall take all necessary precautions to assure that all income received from any source is immediately recorded through cash register sales tickets and that all expenditures are added.

16. ASSIGNMENT

No sublease, transfer, or assignment by the Operator of this contract, or any part hereof or interest herein, directly or indirectly, voluntary or involuntary, shall be made unless such sublease, transfer or assignment is first approved by the Contracting Officer in writing and be subject to whatever limitations the Government may wish to apply; provided that the Operator may, as specified in the special provisions of this contract, install or use equipment or other operating facilities which are in fact owned by others and leased to the Operator for its use under this contract.

17. CONCESSION 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 and increase same, and not divert or allow to be diverted any business from the facility.

18. RESPONSIBILITIES OF THE OPERATOR

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

19. EMPLOYEES OF CONTRACTOR

A. The Operator (if not working on-site) must employ a full-time working Supervisor (5) days a week. The Operator, other than the above supervisor, shall visit the facility monthly, at times agreed upon by the Contracting Officer and the Operator for general supervisory purposes. A representative of executive status shall visit the facility to adjust matters requiring attention within 48-hours of notice given from the Contracting Officer.

B. Hair nets or caps, and disposable gloves must be used by employees engaged in the preparation and serving of food in accordance with health and sanitary regulations.

C. The Operator shall require its employees to observe strict impartiality as to quantities and services and in all circumstances to exercise courtesy and consideration in dealing with the public. Serving utensils shall be used by the Operator’s employees to keep direct handling of food to a minimum.

D. The Operator shall prohibit and restrain its agents, servants and employees from loud, noisy and persistent announcement of its services on or about the premises of the facility. Employees of the Operator shall not smoke or carry lighted cigarettes or tobacco products in the food preparation or serving area. The facility in a non-smoking facility.

E. Each employee of the Operator on Government sites shall 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 who presents other evidence from the Immigration and Naturalization Service that employment will not affect his/her immigration status. All employees must be affluent in speaking and understanding the English language.

F. The Operator shall employ a full-time, on-site Supervisor who possesses the necessary qualifications to supervise the cafeteria effectively. The on-site supervisor shall have previously had, at a minimum, two years of consecutive employment in a position with comparable responsibilities. The proposed supervisor’s qualifications (resume) will be subject to the approval of the Government and the manager approved by Government must be assigned to manage the cafeteria. These provisions also apply to any future replacement of the supervisor.

G. The Operator’s supervisor will be delegated the authority integral to the day-to-day effective operation of the cafeteria relative to personnel supervision and training, menu planning, purchasing, cost control, sanitation, etc. The Operators supervisor will be replaced within 30 days of notice, upon request of the Contracting Officer for operational deficiencies determined to be a result of inferior direct management.

H. The Operator must at all times provide an adequate staff of food services employees to perform the varied and essential duties inherent to a successful food service operation. Personnel staffing as submitted in the Operator’s proposal must be provided and any future changes are subject to approval of the Contracting Officer.

I. The Operator shall pay all employees not less than once every two weeks, and without deduction or rebate on any account, except as provided or allowed by law. Wages are to be paid in accordance with the Department of Labor Wage Determinations.

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

K. The Operator must provide adequate, trained relief personnel to substitute for his/her regular employees when they are absent in order that a high quality food service will be maintained at all times.

L. The Operator shall require his/her employees to comply with such instructions pertaining to conduct and building regulations as are in effect for the control of persons in the building, or as may be issued for that purpose by Government representatives.

M. All articles found by the Operator, his/her agents or employees or by patrons, and given to the Operator, shall be turned into the Service Operation Center (SOC) desk as lost and found items. The SOC desk can be reached at 516-683-2860.

N. Employees must conform to all applicable rules and regulations of the facility.

O. Continued violations may result in termination of the contract by the Contracting Officer.

20. ESTABLISHMENT AND CONTROL OF PRICES AND SERVICES

A. The Contracting Officer reserves the sole right to determine and control the nature and type of merchandise and services which may be sold or furnished by the Operator. If the Operator refuses or fails within forty eight hours (48 hrs.) after receipt of written notice from the Contracting Officer or COR to discontinue the sale of any product or service which the Contracting Officer determines to be in violation of the rights granted hereunder, or which the Contracting Officer and COR determines should not be dispensed, or if the Contracting Officer is forced to make repeated and frequent demands upon the Operator to cease the sale of such products or services, such actions shall be cause for termination of this contract.

B. The Operator shall maintain and operate the concession to such extent and in such manner at the Contracting Officer and COR may deem satisfactory, sell the articles and services authorized and provide the operating facilities, management personnel, equipment, goods and commodities necessary therefore; provided, that the contractor shall not be required to make investments inconsistent with an opportunity to make a fair profit on the total of operations hereunder.

C. All rates and prices established by the Operator for goods or services sold hereunder shall be reasonable and subject to approval by the Contracting Officer.

D. Reasonableness of prices shall 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, 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 to such factors as the Contracting Officer may deem significant.

21. ESTABLISHMENT OF OPERATING FACILITIES

A. The Operator agrees and covenants that, at its own cost and expense; it will provide and install all operating facilities required for the property and adequate performance of the services and furnishings of supplies and materials specified in this contract.

B. All such installations shall be subject to approval of the Contracting Officer for conformity with safety standards and similar criteria or regulations established for the facility and for compatibility of design, quality, and condition or color arrangement with the architectural and general character of the concession area and the facility. In addition, equipment installation must be made to conform to applicable State and Federal building, plumbing, electrical or similar codes or ordinances. The Operator shall provide the necessary maintenance for the operating facilities as specified in the contract.

C. The Operator further agrees that all signs, advertising or similar matter to be displayed shall conform to the intent of this contract and be subject to the prior written approval of the Contracting Officer.

22. RIGHT OF ENTRY

Authorized Government Representatives shall be permitted to enter and view the premises or equipment at any and all times for the purpose of inspecting or maintaining such premises and equipment and doing any and all things with reference thereto which the Government is obligated to do or which may be deemed necessary or desirable for the proper conduct and operation of the facility.

23. SURRENDER OF POSSESSIONS

If this contract provides for occupancy of space within structures owned by the Government, all operating facilities installed therein by and owned by the Contractor shall remain the property of the Contractor; subject, however, to the following:

A. As of the date this contract expires or is terminated for cause by the Contracting Officer, in whole or in part, as provided for elsewhere in this contract, the Contractor peaceably shall yield up to the Government the premises, in good repair in all respects, reasonable wear and tear and damage expected.

B. The Contractor, upon proper notice to the Contracting Officer, shall 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 Contractor shall restore the premises to a condition satisfactory to the Contracting Officer.

C. The Contractor shall be deemed to have abandoned to the Government any operating facilities, equipment and property of the contractor which it has failed to remove from such premises within fifteen calendar days after the end of the period of this contract, or effective date of termination thereof, unless the Contracting Officer shall grant additional time for this purpose in writing; Provided, however, the Government shall, at its opinion, have the right to remove same and restore the premises to a satisfactory condition and hold the Contractor liable for all costs incident thereto. In the event it is necessary for the Government to remove such operating facilities or equipment, the Government shall not sustain or be charged with any liability by reason of the removal or custodial care of same.

24. TERMINATION

A. Either party may terminate this contract without cause by first giving the other party 90 days written notice of its intention to do so.

B. The Contracting Officer shall have the right to terminate this contract, in whole or in part, upon the happening of any of the following events:

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

2. The occurrence of any act, which operates to deprive the Contractor permanently of the rights, powers and privileges necessary for the proper conduct of the concession.

3. The abandonment of the concession or discontinuance thereof. Should this occur, the Government will not be responsible for the custodial protection of merchandise, fixtures, supplies, or equipment abandoned, even though it is necessary for the Government to remove it for storage or disposal from the leased premises.

4. The failure of the Contractor to perform, keep or observe any of the terms, covenants and conditions which it is obligated to perform, keep or observe under this contract, after the expiration of any period of warning or ultimatum given by the Contracting Officer to the Contractor to correct any deficiency or default.

5. In the event of need for the premises by the Government for purposes of National Defense.

C. In the event of default for any of the above causes, other than paragraph (B.5.), termination will be accomplished as follows:

1. The Contracting Officer shall give the Contractor written notice specifying the particulars of the alleged default or unsatisfactory performance.

2. If requested by the Contractor within 15 days after receipt of written notice, the Contracting Officer will grant to the Contractor an opportunity to be heard upon the charges.

3. In the event the Contractor does not exercise its option to be heard, the Contracting Officer will notify the Contractor and its surety, if any, in writing, within a reasonable period of time after expiration of the 15 day period, or any extension thereof of the effective date of termination and provide all particulars with respect to the rights and responsibilities of the Contractor and the Government.

4. In the event the Contractor exercises its option, and is heard by the Contracting Officer upon the charges of default or unsatisfactory performance, the Contracting Officer will, within a reasonable period of time thereafter, either;

(a) Grant the Contractor additional time within which to remedy the default or unsatisfactory performance; or,

(b) Notify the Contractor and its surety, if any, of the effective date of termination and provide all particulars with respect to the rights and responsibilities of the Contractor and the Government.

D. In the event of termination for default or unsatisfactory performance by the Contractor, the Government shall have the right (unless otherwise specified in the termination notice), at once and without further notice to the Contractor or surety, to enter and take full possession of the premises occupied by the Contractor, by force or otherwise, and expel, oust and remove any and all parties who may occupy and portion of the premises or facility covered by this contract, and any and all goods and chattels belonging to the Contractor or its associates that may be found in or upon same without same being liable for prosecution or to any claim for damages therefore.

E. Upon such termination by the Contracting Officer, all rights, powers and privileges of the Contractor shall cease, and the Contractor shall immediately vacate any and all spaces occupied by it under this contract, and shall make no claim of any kind whatsoever against the Government, its agents or representatives, by reason of such termination, or any act incident thereto.

F. In the event of termination for any cause which is determined by the Government to be beyond the control and without the fault or negligence of the Contractor payment to the Government there under shall immediately cease, and the Contractor shall be entitled to have money which have been prepaid or advanced to the Government predicated on occupancy of the premises to the end of the period, if any, refunded to it by the Government.

G. The Contractor shall, in addition to other rights provided for by law, be permitted to remove its operating facilities, equipment or merchandise in a manner and at a time agreed upon by the parties hereto.

25. UNDERTAKINGS BY THE GOVERNMENT

If this contract provides for the occupancy of space within structures owned by the Government, the Government shall, with respect to such space and subject to compensation as provided for elsewhere in this contract, and in addition to such other undertakings as are provided for elsewhere in this contract and subject to the availability of funds therefore:

A. Provide outlets as they presently exist or which the Contracting Officer may approve in writing to be installed at the cost and expense of the Contractor for public utility services, including light, electric power, gas, running water, heat and telephone for each concession.

B. Provide structural maintenance to those portions of the designated areas covered by this contract and other structures and areas of the facility constructed by the Government that are occupied by the Contractor, to the extent to which the contractor is not obligated to perform such repairs and maintenance by specific provision of this contract.

26. ACCOUNTING RECORDS OF THE OPERATOR

A. The Government shall be provided with all reports and such other data as are prescribed by this contract or which may be required during the term of this contract, and the Operator must permit during the term of this contract, during regular business hours, any verification, examination or audit of these accounting records deemed advisable by the Government as well as verification, examination or audit of the accounting records of any propriety or affiliate concern.

B. The Operator also must permit inspection, by the officers, employees or representative of the Government, of any accounting, bookkeeping or similar equipment used by the Operator in the development and maintenance of the accounting records.

PART I - SECTION D

PACKAGING AND MARKING

Not Applicable

PART I - SECTION E

INSPECTION AND ACCEPTANCE

3.1-1

Clauses and Provisions Incorporated by reference (July 2011) This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at: http://conwrite.faa.gov.

3.10.4-4 Inspection of Services - Both Fixed-Price & Cost Reimbursement (April 1996)

PART I - SECTION F

DELIVERIES OR PERFORMANCE

3.1-1

Clauses and Provisions Incorporated by reference (July 2011) This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at: http://conwrite.faa.gov.

3.10.1-9 Stop-Work Order (October 1996)

FAA CLAUSES IN FULL TEXT

3.8.2-22 Substitution or Addition of Personnel (October 2006)

(1) The Contractor must assign only those individuals whose resumes, personnel data, or personnel qualification statements have been submitted and determined by the Contracting Officer to meet the minimum requirements of the contract. The Contractor must not substitute or add personnel except in accordance with this clause.

(2) Substitution of Personnel.

(a) For the first 30 days of contract performance, the Contractor must not substitute personnel for the individuals whose resumes or other personal qualification were submitted with its offer and that were determined by the Contracting Officer to be acceptable at the time of contract award, unless such substitutions are because of an individual's sudden illness, death, or termination of employment. In any of these events, the Contractor must promptly notify the Contracting Officer and propose substitute personnel as required by paragraph (4) below.

(b) If an individual becomes, for whatever reason, unavailable for work under the contract for a continuous period exceeding thirty (30) working days, or is expected to devote substantially less effort to the planned work, the Contractor must propose a substitute personnel as required by paragraph (4) below.

(3) Addition of Personnel. If an FAA requirement will increase the specified level of effort for a designated labor category, but not the overall level of effort of the contract, then the Contractor must notify the Contracting Officer to add personnel to the designated labor category. The Contractor must request added personnel as required by paragraph (4) below.

(4) Request and Review. The Contractor must submit the request for substitute or added personnel in writing to the Contracting Officer at least 30 days (if a security clearance must be obtained, at least 60 days) before the proposed date of substitution or addition. The Contractor's request must provide a detailed explanation of the circumstances causing the proposed substitution or addition, a complete resume for the proposed substitute or added personnel, and any additional information required by the Contracting Officer. Proposed substitutes and added personnel must have qualifications equal to or higher than those stated in the contract for the labor category. The Contracting Officer will evaluate the Contractor's request and promptly notify the Contractor of the decision to accept or reject the qualifications of the substitute or added personnel.

(5) The Contracting Officer may terminate the contract if the Contractor has not made suitable, timely, and reasonably forthcoming replacement of personnel who have been reassigned or terminated or otherwise become unavailable to work under the contract or the resulting loss of productive effort would impair the successful completion of the contract. Alternatively, if the Contracting Officer finds the Contractor to be at fault for the condition, then the Contracting Officer may equitably adjust (downward) the contract price or fixed fee to compensate the Government for any delay, loss or damage as a result of the Contractor's action.

PART I - SECTION G

CONTRACT ADMINISTRATION DATA

G.1

Contract Administration Points of Contact

Contracting Branch Federal Aviation Administration

Eastern Service Area, AAQ-510NY 1 Aviation Plaza

Jamaica NY 11434-4809 Email: maria.rosu@faa.gov Phone: (718) 553-3084

Environnement Front Line Manager Aviation Technico NY TRACON Email : robert.knapp@faa.gov Phone : 516-683-2812

G.2

Contracting Officer’s Authority

The Contracting Officer assigned to this contract has responsibility for ensuring the performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract, and safeguarding the interests of the United States in its contractual relationships. In this regard, the Contracting Officer is the only individual who has the authority to enter into, administer, or terminate this contract. In addition, the Contracting Officer is the only person authorized to approve changes to any of the requirements under this contract, and notwithstanding any provision contained elsewhere in this contract, the said authority remains solely with the Contracting Officer.

The Contractor shall immediately notify the Contracting Officer for clarification when a question arises regarding the authority of any person to act for the Contracting Officer under the contract or when the Contractor receives direction that appears outside contract scope.

Costs incurred that were not authorized by the Contracting Officer and/or work outside the scope of the contract shall be considered unallowable costs and will not be reimbursed by the Government.

G.3

Authority of Contracting Officer’s Representative (COR)

Only those Government Representatives (e.g. COR), as designated in writing by the Contracting Officer, may provide technical or other interpretations in the performance of this contract.