ALBANY- Leo W. Obrien License.pdf

11/01/19 Page 1

FOOD SERVICE

REVOCABLE LICENSE SOLICITATION, 11-01-19

SOLICITATION NUMBER

2PMB-2020-002

FOOD SERVICE REVOCABLE LICENSE

I. The Leo W. O’Brien Federal Building- 1 Clinton Square, Lower Level, Albany, NY

PERIOD OF PERFORMANCE: Five (5) Years, With One Five Year Option.

Base Year: January 12, 2020 through January 11, 2025

Option 1: January 12, 2025 through January 12, 2030

SOLICITATION ISSUE DATE: TUESDAY, November 5, 2019

PRE-PROPOSAL CONFERENCE: A PRE-PROPOSAL CONFERENCE AND A ONE-TIME WALK

THROUGH OF CAFETERIA WILL BE HELD AS FOLLOWS:

11:00 AM, WEDNESDAY, November 20, 2019 FOR THE LEO W. O’BRIEN FEDERAL BUILDING, 1

CLINTON SQUARE, ALBANY, NY.

IF YOU PLAN TO ATTEND, PLEASE CONFIRM BY EMAIL, OR CONTACT KATHLEEN RUMELL, the

Regional Concessions Manager (RCM), at kathleen.rumell@gsa.gov, OR 212-620-4623, NO LATER THAN

12:00 PM, MONDAY, November 19, 2019.

ALL TECHNICAL QUESTIONS ARE DUE BY Friday November 22, 2019 AT 12:00 PM by email to:

kathleen.rumell@gsa.gov.

PROPOSAL PREPARATION/SUBMISSION INSTRUCTIONS: SEE EXHIBIT 1

RECEIPT OF PROPOSALS DUE: WEDNESDAY, December 4, 2019, 2019 AT 12:00 Noon, BY MAIL

AND EMAIL.

ORAL PRESENTATIONS/FOOD SAMPLE DEMONSTRATIONS DUE: TUESDAY, December 17, 2019, BEGINNING AT 11:00 AM (TIME, AND LOCATION TO BE ASSIGNED).

AWARD OF LICENSE: ON OR ABOUT FRIDAY, DECEMBER 27, 2019.

Licensee Facility Familiarization, Set Up, Deliverables: December 27, 2019-January 12, 2020.

LICENSE EFFECTIVE DATE: MONDAY, January 13, 2020.

Any questions regarding this SOW may be directed to:

Kathleen Rumell

Concessions, Amenities and Wellness Program Manager, GSA Region 2

Tele: 212-620-4623

Email: kathleen.rumell@gsa.gov mailto:kathleen.rumell@gsa.gov mailto:kathleen.rumell@gsa.gov

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TABLE OF CONTENTS

STATEMENT OF WORK

1. DESCRIPTION OF SERVICES 4

2. SCOPE OF WORK 4-5

3. DESCRIPTION OF FACILITIES 5

4. HOURS OF OPERATION 6

A. SERVICE SCHEDULE 6

B. MODIFICATION TO SERVICE SCHEDULE 6

5. FINANCIAL REPORTING REQUIREMENTS 7

6. RESPONSIBILITIES OF LICENSEE 7-17

A. SERVICE 8

B. MENUS 8-9

C. EQUIPMENT AND UTENSILS PROVIDED BY LICENSEE 9-10

D. SANITATION AND QUALITY 11-13

E. PERSONNEL AND SUPERVISION 13-14

F. COMPOSTING/RECYCLING 14-15

G. LICENSEE-PERFORMED MAINTENANCE AND REPAIRS 15

H. CLEANING AND JANITORIAL SERVICES 15-16

I. SECURITY AREAS 16

J. HAZARDOUS CONDITIONS 17

K. LIABILITY 17

L. OCCUPANT EMERGENCY PROGRAM 17

M. INFORMATION ACCESS 17

7. RESPONSIBILITIES OF THE GOVERNMENT 17-18

A. LICENSE TO OPERATE THE FACILITY 17

B. SPACE 18

C. GOVERNMENT-OWNED/FURNISHED EQUIPMENT 18

8. TRANSITION PHASE-IN PERIOD 18-19

9. TRANSITION PHASE-OUT PERIOD `19

10. RIGHTS AND AUTHORITY OF THE GOVERNMENT 20

A. APPROVAL 20

B. PUBLIC SPACE 20

11. RESTRICTIONS 20-22

A. EQUIPMENT 20

B. PATRONAGE 20

C. WEEKENDS AND HOLIDAYS 20

D. FACILITIES 20

E. TERMINATION 20-21

F. SURVIVAL OF LICENSEE LIABILITIES 21

G. INSURANCE REQUIREMENTS 21-22

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H. MISCELLANEOUS 22

EXHIBITS:*

EXHIBIT 1- PROPOSAL PREPARATION / SUBMISSION INSTRUCTIONS

EXHIBIT 2- SAMPLE Cafeteria Menu and Optional Catering Offerings

EXHIBIT 3- Deleted

EXHIBIT 4- Deleted

EXHIBIT 5-BUILDING STATISTICS AND LOCATION OF CAFETERIA

EXHIBIT 6 - FLOOR PLANS

EXHIBIT 7A- GOVERNMENT OWNED / FURNISHED EQUIPMENT -

EXHIBIT 7B- EQUIPMENT TO BE PROVIDED BY LICENSEE(to be added post award)

EXHIBIT 8- FOOD SERVICE GUIDELINES FOR FEDERAL FACILITIES

EXHIBIT 9A- FOOD AND SAFETY TRAINING MANUAL

EXHIBIT 9B- FOOD SAFETY MANAGER TRAINING MANUAL

EXHIBIT 10 A- WAGE DETERMINATION: “U.S. Department of Labor Wage Determination No:

2015-4144, Rev. 12

EXHIBIT 10 B- APPENDIX A EXECUTIVE ORDER 13658, ESTABLISHING A MINIMUM

WAGE

EXHIBIT 11- SAMPLE PREVENTATIVE MAINTENANCE SCHEDULE / TASKS TO BE

PERFORMED- FINAL Schedule Is Due From Licensee After Award. Sample draft provided.

EXHIBIT 12- 6/2/15 PRESIDENTIAL MEMO: “CREATING A PREFERENCE FOR MEAT &

POULTRY PRODUCED ACCORDING TO RESPONSIBLE ANTIBIOTIC USE POLICIES”

EXHIBIT 13- SECURITY CLEARANCE REQUIREMENTS

EXHIBIT 13 A- LICENSEE FITNESS DETERMINATION TRAINING

EXHIBIT 13 B- LICENSEE TRAINING POWERPOINT SLIDES

EXHIBIT 13 C- SAMPLE CONTRACTOR APPROVAL LIST

EXHIBIT 13 D-SAMPLE CONTRACTOR WORKSHEET

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STATEMENT OF WORK:

*All attached exhibits and appendices are incorporated into and a part of this license

1. Description of Services.

Licensee shall provide:

A. Grilled and freshly prepared foods, for breakfast and lunch, to building occupants and the general public between the hours of 7 AM to 2:00 PM, M-F (excluding federal holidays).

B. Freshly Prepared Grab and Go Food Offerings. See Exhibit 2.

Licensee will have the opportunity for consideration for weekend and evening in building catering opportunities, Exhibit 2.

Licensee shall provide all management, supervision, labor, materials, supplies and equipment (except as otherwise described herein), and shall establish and operate the food service facility, for the purpose of dispensing food, non-alcoholic beverages and other such items as may be authorized by the Regional

Concessions Manager (RCM) in accordance with all items and conditions specified herein. Service shall be prompt, efficient and courteous and shall avoid undue interference with the operation of the building in which services are provided for the following building:

A. The “Leo W. O’Brien Federal Building”- 1 Clinton Square, Lower Level, Albany, NY

Building and Equipment:

(a) See EXHIBIT 5 BUILDING STATISTICS AND LOCATION OF CAFETERIA;

(b) See EXHIBIT 6 FLOOR PLANS: LEO O’BRIEN FB, CAFETERIA;

(b) See EXHIBIT 7A GOVERNMENT OWNED/FURNISHED EQUIPMENT;

(c) See EXHIBIT 7B LICENSEE SUPPLIED EQUIPMENT AND UTENSILS (to be added).

2. Scope of Work.

Licensee shall provide food service, janitorial service to the preparation, display, storage and food service areas

(EXHIBIT 6) of the facility, and daily cleaning and required daily maintenance (filter cleaning, grease removal, etc.) on all Government-owned equipment in the food service areas of the facility. In addition, Licensee shall be responsible for obtaining all permits, licenses, and approvals to operate the facility. GSA requires no additional permits. The variety, menu pricing and appearance of food products shall be consistent with approved “food service industry standards” (as detailed herein and within the FDA Food Code) for comparable local food facilities. Licensee shall demonstrate innovative methods in keeping with the highest industry standards.

The variety, menu pricing and appearance of food products shall be consistent with approved food service industry standards, license requirements, Federal Occupational Health inspection requirements and as described herein. Licensee shall demonstrate innovative methods in keeping with the highest industry standards.

Licensee shall deliver competitively priced food and beverages that are healthy and, to the extent possible and feasible, organic and locally grown.

Licensee shall maintain the food service operation in an environmentally responsible and sustainable manner.

Additional information on sustainability can be found in the link below:

http://www.gsa.gov/portal/content/104429

This License is designed to ensure that the services provided continue to meet the highest standards for

11/01/19 Page 5 customer satisfaction, wellness, a healthy diet, and sustainability. See EXHIBIT 8, FOOD SERVICE

GUIDELINES FOR FEDERAL FACILITIES. Continual feedback from Licensee and customers is key to achieving this goal. Quarterly evaluations, in addition to, as required, inspections (deficiency cure measure inspections, customer feedback and joint status meetings, etc.) will be conducted by Building

Management/Facilities Management (BM/FM) and Federal Occupational Health (FOH). These inspections, are essential and program adjustments by the Government and Licensee will be made based on the operational and financial results achieved and the level of success attained relative to the wellness and sustainability goals outlined in the Statement of Work.

The Licensee may expand hours of operation and services provided, upon approval of the RCM and BM/FM.

It is anticipated that the licensee may increase profitability and its level of services provided, as its operations become established and potential optional and independent, tenant catering opportunities are developed.

The Licensee will provide freshly prepared and grill service food options, simultaneous with the unmanned, 24/7 micro mart and vending services operated within the building, by the Randolph Sheppard program and separate operator.

Roles and Responsibilities:

Regional Concessions Program Manager- The Regional Concessions Program Manager (“RCM”)for this

License is an official of Region 2, GSA. The RCM is responsible for administration of this License. The RCM is the subject-matter expert on all things related to GSA’s Concessions Program and initiatives. RCM responsibilities include, but are not limited to, developing requirements, preparing specifications, negotiating contracts and/or licenses, advising on disputes, and reporting statistical and required information as may be required by the national Concessions Program Manager. No changes to the License or any terms thereof, will be effective, unless in writing and agreed to by the RCM. The primary role of the RCM is overall program administration, license solicitation document preparation and interpretation, renewal tracking, license modifications, interpretation and providing assistance to the GSA Building Manager in administering the day to day oversight and enforcement of the license terms and requirements. The RCM may delegate all or part of this authority to other GSA personnel provided notice of such delegation is in writing.

GSA Building Manager/Facility Manager – The GSA Building Manager/Facility Manager (“BM/FM”) for this

License is the local Field Office representative who is responsible for assisting the RCM, in administering the overall performance of the License. The BM/FM’s responsibility includes, but is not limited to determining the adequacy of the facility’s performance in accordance with the terms and conditions of this License, conducting periodic facility inspections and issuing deficiency cure demands, holding periodic cafeteria status meetings, and serving as the daily point of contact for the Licensee, as well as coordinating with the RCM, regarding any issues related to the License. The primary role of the BM/FM is the day to day management of the Licensee’s operation, conducting on-site inspections, meetings and need coordination, equipment management, licensee file or report reviews, facility management, license obligation oversight and enforcement, and advising RCM of escalated concerns and needs.

Operation shall be from January 13, 2020 through January 12, 2025, with one (1) five-year option, for a period of five (5) years, commencing on or about January 13, 2025.

3. Description of Facilities.

Licensee has no possessory interest in the Food Service Facility and has no greater right to use or occupy the

Food Service Facility, than is provided by this License.

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Leo W. O’Brien Federal Building, See EXHIBITS 5 AND 6,

4. Hours of Operation.

A. Required Service Schedule

1. Leo W. O’Brien Federal Building:

Hours of Operation are from 7AM to 2PM, with possible additional catering or take home service opportunities available. Food services, and optional Work Day Catering, shall be provided, Monday through Friday (except holidays observed by the Federal Government), at minimum*, as follows:

Period Opening Closing

Hot Breakfast 7:00 AM 10:00 AM

Hot Lunch 11:00 AM 2:00 PM

In Building Catering As Contracted Separately

Take Home Catering (If

Offered)

As Determined and If

Offered

*Licensee may exceed the listed, minimum operating hours, with permission from GSA.

B. Modification to Service Schedule

All hours may need to be adjusted as necessary, to accommodate the building occupants and visitors.

Any changes to these hours will be negotiated with the selected Licensee. Modification of the minimum required hours or days of service, will be considered upon the RCM or RCM’s representative’s receipt of written request for approval. No changes will take effect unless approved in writing by the authorized GSA representative.

C. Additional Catering Services Supplemental To Required Work Day Catering License Requirements

Evening meals, on site catered events or separate on site food contracts, or after hour catering, and/or service on Saturdays or Sundays, luncheon meetings, and special after hour functions, may be requested periodically by the occupant agencies. (Evening and weekend service requires 48 hours’ notice to Licensee. For catering events serving up to 50 people that necessitate Licensee hiring outside staff, three (3) days’ notice will be required.) With requests for catering events serving over 50 people that necessitate Licensee hiring outside staff, seven (7) days’ notice will be required. The Licensee will have the opportunity for consideration for weekday, weekend and evening catering events. The

Licensee may elect to consider the opportunity if offered, and GSA or building occupant agencies, may elect to offer or not offer the opportunity to the Licensee. These are considered “additional services” to be ordered separately and are outside the standard services described in this specification. The Licensee is permitted to contract for these additional services, but this is at the Licensee’s option. GSA, or its authorized designee, will provide a list of persons authorized to order these “additional services” directly with the Licensee. Licensee must have the ability to accept Credit Card payments for these

“additional services.”

The selected Licensee will have the option of bidding for the additional catering service contracts that may be solicited to provide food services for the Federal Child Care Center and for the Military

Entrance Processing Station (“MEPS”) program, both located in the Leo W. O’Brien Building, as such services become available for proposal and solicitation. These separate food service contracts are awarded and administered by each respective tenant agency, independent from GSA, and are not part of this GSA solicitation. Only the option and permission to bid for, and service these building related, 11/01/19 Page 7 independent contracts if awarded, is incorporated in the license awarded by GSA.

5. Financial Reporting Requirements.

A. Monthly P& L Report and Annual Certification. Licensee shall furnish copies of monthly Profit and

Loss (P&L) statements to the RCM, by the end of the month following a monthly accounting period.

The P&L shall be e-mailed to the RCM using the following e-mail address: kathleen.rumell@gsa.gov, or such other email address as may be directed.

The data in the P&L shall reflect the Sales/Profits and Losses for the prior month and a detail of the average daily check and average number of people serviced daily. For example, the selected Licensee shall submit a P&L statement on or before November 30 th

, for the Total Sales/P & L figures for the month of October. The data submitted in this P&L statement shall reflect data beginning with the second month of operation. A brief monthly report, listing the total monthly Sales, Net monthly profit, Average daily check amount and Average daily customer count, will be due each month, by the 10 th of the following month.

B. Licensee Certification For Quarterly and End-of-Fiscal-Year Statement. Upon request, Licensee shall certify its P&L statement for submission to GSA. Licensee shall provide GSA with quarterly and an annual, certified Financial Statement. Licensee must maintain records and follow accounting practices that are in accordance with standards promulgated by the Cost Accounting Standards Board, if applicable, otherwise, Generally Accepted Accounting Principles (GAAP).

C. Payment in Lieu of Rent. This fee is waived at the sole discretion of the Regional Concessions

Manager, and this waiver is primarily considered based upon continuing customer satisfaction and overall performance of the Contractor.

6. Responsibilities of Licensee.

Licensee shall provide prompt, efficient, and courteous service, and avoid undue interference with the operation of the Building. Licensee shall obtain licenses and permits as required by State and Local authorities, and observe all applicable building, health, sanitary, and other regulations and laws. See the attached Food and Safety Training Manuals for definitions and further instructions (EXHIBIT 9A and 9B).

Licensee shall employ sufficient and suitable personnel, secure and maintain appropriate insurance, maintain records, submit reports, and observe other license requirements as set forth herein. Licensee shall pay employees at a rate that is in full compliance with the U.S. Department of Labor Wage Determination

No: 2015-4144, Rev. 12 and in compliance with all applicable minimum wage laws, including every fee, cost, or other charge resulting from operations under this License, and according to any revisions to the

Wage Determination requirements of the DOL. See EXHIBIT 10 A and EXHIBIT 10 B, which are attached hereto and incorporated by reference herein.

Licensee shall meet monthly, or as needed, with the BM/FM, RCM, and tenants to discuss mutual objectives including, but not limited to, service levels, Wellness Program, Sustainability Plan, menus, and marketing programs. EXHIBIT 8 and the link below provide additional information on GSA’s Wellness Program and

Sustainability Plan and the Food Service Guidelines for Federal Facilities:

http://www.gsa.gov/portal/content/105418

Licensee acknowledges that it must register with the System for Award Management (SAM) database once awarded the License and prior to award finalization, and maintain that registration through final payment of mailto:kathleen.rumell@gsa.gov, http://www.gsa.gov/portal/content/105418

11/01/19 Page 8 any amounts due under the License resulting from this solicitation. If Licensee does not register with SAM in the time prescribed by the GSA BM/FM or RCM may require, the GSA RCM may award the License to the next registered Licensee who successfully meets and fulfills requirements. Licensee may obtain information on registration and annual confirmation requirements via the internet at http://www.sam.gov/portal/public/SAM/ or by calling 1-866-606-8220. The FM can provide assistance with the SAM registration process.

Please refer to SAM Website:

https://governmentcontractregistration.com/sam-registration-and-renewal/

Licensee shall exercise reasonable care in the use of space and Government-owned equipment and, upon

License termination, Licensee will yield such space and equipment in as good condition as when received, except for ordinary wear and tear and damage or destruction beyond Licensee’s control and not due to

Licensee’s fault or negligence. See EXHIBIT 7A and EXHIBIT 11, attached hereto and incorporated herein.

Licensee shall advise GSA in advance, of the anticipated schedule of major equipment replacement and estimate of useful life expectancy, for each piece of government supplied equipment.

A. Service.

Licensee shall clean and sanitize the dining room tables after each break and at time of closing. Licensee shall remove any remaining items from the tables. Patrons shall be requested to remove trays, dishes and utensils from tables to dish carts that will be strategically located in the dining area. See the attached

Food and Safety Training Manuals for definitions and further instructions (EXHIBITS 9A and 9B).

Licensee shall provide bussing service to remove any remaining soiled dishes and assure that tables, booths, chairs, and benches are cleaned and sanitized. In addition, Licensee must patrol dining rooms and report carpet stains and/or flooring damage to GSA BM/FM/designated service contract entity. Licensee will provide eating utensils, condiments, and napkins for patron use.

Refer to “Section I. Cleaning and Janitorial Requirements” below, for further detail on cleaning requirements.

B. Menus.

It shall be the responsibility of Licensee to provide a variety of prepared foods that represent a food quality * that is a model for wellness and sustainability and in accordance with industry trends, industry standard practices and the industry’s latest innovative concepts. Licensee shall offer food that provides a wide variety to customers, to the extent possible, including vegetarian, vegan, Organic, healthy, and light eater. Menus must also include items for people with dietary restrictions and offer “low fat,” "low sodium," "low calorie," and "reduced sugar" menu items as defined in “Food Service Guidelines for

Federal Facilities”. It is the goal of this License that 40% of the menu structure served at each meal period offers a variety of dietary options. All menu items must be clearly labeled for customers, in accordance with the attached EXHIBIT 8.

*Food quality is the quality characteristics of food that is acceptable to consumers. This includes external factors such as appearance (size, shape, color, gloss, and consistency), texture, and flavor;

and factors such as federal grade standards (e.g., of eggs) and internal (chemical, physical, microbial).

http://www.sam.gov/portal/public/SAM/ https://governmentcontractregistration.com/sam-registration-and-renewal/

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In light of the emphasis placed on the Wellness Program in this solicitation, and in order to ensure optimum visibility of the healthy menu offerings, Licensee should take into consideration the positive effects of priority placement of the products in the cafeteria and on the serving lines. Examples of product placement may include placement of healthy menu offerings as the first thing the customer encounters at each serving line, or at the cash register or at key places on serving lines that are closest to eye level.

Licensee shall comply with the nutritional information requirements of the 2015 and all subsequent revisions of U.S. Dietary Guidelines for Americans (www.health.gov/dietaryguidelines), including in particular the following:

1) Prior to the start date of service, Licensee shall provide to the BM/FM a complete price/portion book for the account (e.g., hamburger: list patty size and selling price; ham sandwich: list ounces of meat, toppings included, and selling price).

2) During each serving period, easy-to-read menus with prices and calories per serving shall be prominently displayed for the information of patrons. Additional nutritional information must be made available, in written form, on request. All customer signage, menus, etc., must be printed. All signs to be affixed to building are to be provided in permanent form, approved by the BM/FM, and

BM/FM will assist with affixing to building walls or display. No taped signage is permitted. Daily specials can be posted on tripod or other BM/FM approved display stands.

Temporary menu items appearing on the menu for less than 60 days are exempt from calorie and nutritional information requirements.

Electronic boards and Licensee-sponsored web pages with menu and related information are encouraged.

No menu changes shall be in effect until written approval has been given by the BM/FM and the RCM.

Licensee shall provide to the BM/FM and the RCM, a brief statement of cause (such as poor sales demonstrated by the Monthly Profit and Loss statements or increased costs documented by supporting proofs (competitor pricing comparisons, supplier invoices, etc.)) with the proposed new menu, prices, and portion information, compared to current. The approved menu change will take effect after providing a two-week notice to the patrons of the menu change along with a brief statement of cause, the new menu prices, and portion information.

C. Equipment and Utensils Provided by Licensee (EXHIBIT 7B).

All required equipment and utensils not provided by the Government under the provisions of Section 7

(Responsibilities of the Government) shall be provided by Licensee. Licensee shall replace such equipment and utensils when necessary because of loss, wear, breakage, or obsolescence. Equipment and utensils provided by Licensee shall be of a quality in keeping with that provided by the Government as determined by the BM/FM and RCM. Licensee shall provide all necessary food service equipment and utensils of the general character listed below and replace such equipment and utensils when necessary because of loss, depreciation, or obsolescence. Licensee is to purchase and use Energy Star Rated equipment in the performance of this License.

Partial List of Necessary Licensee Supplied Food Service Equipment and Utensils:

http://www.health.gov/dietaryguidelines

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Cash registers (GSA has one the licensee may use)

Condiments

Containers and cans, all types

Dispensers, napkins (GSA has dispensers the licensee may use)

Inserts for steam table and counters (GSA has stainless steel equipment the licensee may use)

Machines, office and cash handling

Menu boards, letters, price markers

Racks, dish machine and storage (GSA has equipment the licensee may use)

Safe

Salt & Pepper

Scales, food preparation

Sharpeners

Trash receptacles (Back of House/Kitchen Area)

Trays (GSA has some supply that the licensee may use)

Table ware (Plates, cutlery, glassware etc.)

Utensils and kitchenware

Computer

Telephone

Vehicles

Mobile Food Stand/Cart

All other kitchen small wares to meet License requirements

Disposable products provided by Licensee shall include products that are petroleum-free, contain post-consumer recycled content, and are processed chlorine free. To the extent possible, all disposable products must be “compostable” and compatible with the recycling/compost system that will be or is in use within the building. The use of disposable chinaware (including plates, cups, and bowls) constructed of Polystyrene Foam is prohibited. The Licensee shall comply with local laws in regard to single use plastic bags and other items used in service provision.

All items provided by Licensee shall be of good quality, suitable for the purpose of their intended use, and consistent with the quality of the various items provided by the Government. All equipment furnished by

Licensee shall be subject to approval of the BM/FM and RCM.

Licensee shall provide, at his/her sole expense, a complete Point of Sale (POS) system to include the acceptance of patrons’ credit and debit cards in an expeditious manner. The Licensee shall also accept cash as a method of payment. The Government will furnish a telephone (POTS) line to facilitate the credit card transactions at no cost to Licensee. The POS system must have capability of providing and maintaining an accurate inventory and itemized pricing for named and categorized items purchased and sold (ex: Entrée, Deli, Salad Bar, and not just “item”, as detail).

Licensee shall provide, at his/her sole expense, all telephone and data lines/cabling for full cafeteria and catering operations. Licensee shall notify respective building management/facilities management representatives when adding, removing, relocating, modifying all telephone and data cabling within the building. Building Management/Facilities Management will provide guidance and protocol regarding all telephone and data lines ran within each building.

Licensee shall provide submittals and samples for approval by the BM/FM, of all menu boards, signage, trash receptacles and other highly visible items such as plates, cups and food utensils, including dishes and silverware prior to placement. It is a requirement of this License that such items be aesthetically

11/01/19 Page 11 consistent with the café/dining design elements. This requirement shall remain in effect throughout the entire term of the License. Installation and placement of approved menu boards, signage, trash receptacles and decorative items are Licensee’s responsibility.

Trash receptacles shall be of hard, non-toxic, plastic material for the kitchen and back of the house receptacles, and should be securely covered. Single-service plastic liners shall be used in conjunction with these receptacles. All trash containers will be provided with self-closing swing tops. A sufficient number of receptacles must be strategically placed to accommodate the daily requirements and emptied as soon as they become full.

Licensee should maintain a physical inventory of all Licensee-owned equipment on site. All Licensee-owned equipment shall remain the property of Licensee throughout the license term.

*Additional Equipment: The Licensee may submit a wish list of equipment to support the success of the cafeteria operation and it shall be shared with the government BM/FM, RCM. All requests will be reviewed and are subject to the availability of government funds and not guaranteed to be provided by the government at any time"

D. Sanitation and Quality.

Licensee shall serve quality food, under clean and sanitary conditions, in accordance with the provisions and recommendations contained in the most recently published Food Code, U.S. Public Health Service publication. 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 blemishes. All foods when served shall be attractive in appearance and correct in temperature and consistency. To the degree feasible and available, Licensee will purchase food that is produced locally (within a 100-mile radius) and regionally (within a 300-mile radius). To the degree that certified organic products can be offered at market comparable prices (financially sustainable), they should be available on the menu.

Licensee will use the following specifications as a guide when purchasing food products:

• Meat

Beef: U.S. Department of Agriculture (USDA) Choice

Pork: USDA Number 1

Veal: USDA Select and Choice

Lamb: USDA Choice

Poultry: USDA Grade “A” for all graded fresh or frozen poultry and poultry products as a minimum specification

• Seafood

Offer fish/seafood that has been responsibly harvested; http://www.fishwatch.gov

• Dairy

Eggs: Fresh USDA or State Grade “A

Butter: USDA Grade “A” (92) Score

Cheese: USDA Grade “A” for all graded cheeses

Milk and milk products: USDA Grade “A” Fresh http://www.fishwatch.gov/

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• Produce: USDA Grade “A”

• Dry Stores: Grade “A” Fancy

• Canned goods: Grade “A” Fancy

Licensee shall follow the requirements of the 6/2/2015 Presidential Memo, entitled: “Creating a

Preference For Meat & Poultry Produced According To Responsible Antibiotic Use Policies”, to the extent feasible and cost effective, and will annually file a report of responsible antibiotic use sourced meat and poultry purchased, or file a request for Waiver due to lack of availability or cost prohibitive sources, see EXHIBIT 12. Licensee may be asked to demonstrate to the RCM that it has attempted to identify suppliers of organic and locally-grown products and cost effective sources for meat and poultry produced according to responsible antibiotic use policies.

More information about the certified responsible antibiotic-use standard, including a list of certified responsible antibiotic-use poultry producers, is available on USDA's website

(http://www.ams.usda.gov/services/auditing/crau).

Licensee will report on purchases made through these sources annually, or apply for a waiver if unable to locate an available or cost effective supplier. Reports and waivers are to be provided to the RCM annually, prior to September 30 th

To the maximum extent practicable, Licensee shall avoid adding products to the menu that contain high fructose corn syrup, modified corn starch, and other similar additives, as well as products including preservatives.

Products purchased must meet the sodium level recommended in the 2015 and all subsequent revisions of U.S. Dietary Guidelines for Americans. If such products are not available in the marketplace, alternative products should be used and may include fresh prepared products.

Freshly prepared menu items (soups, entrees, side dishes, salads, etc.) are highly desirable.

All employees assigned by Licensee to perform work under this agreement shall be physically able to do their assigned work and in compliance with all Food Code and food handler’s licensing and permit requirements. The current Food Code, U.S. Public Health Service, ServSafe processes, and all local codes and regulations relating to food service sanitation and procedures, shall be adhered to by Licensee.

Licensee shall develop and implement a Quality Control Plan which will include regular routine self-inspections and include a Hazard Analysis Critical Control Point (HACCP) Plan. The procedure shall be based on the seven basic principles as outlined in ServSafe and in the Food Code. The Plan must be a written document for controlling and monitoring the following food processes:

● Cooking

● Hot-holding

● Cold-holding

● Cooling

● Reheating

● Refrigeration and storage of potentially hazardous foods

● Cleaning and sanitizing of food contact surfaces

All Quality Control Plan documents shall be made available for review by the BM/FM and RCM, upon request.

http://www.ams.usda.gov/services/auditing/crau

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Any suspected outbreak of human illness, whether involving employees or visitors, is to be reported immediately to the Government (RCM and BM/FM) and as required under the Food Code and food handler’s license and permit requirements. 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.

E. Personnel and Supervision.

1) Licensee shall employ sufficient personnel to maintain sanitary conditions and to provide prompt and efficient service at all times. All employees shall be sober, conscientious, neat, and courteous.

Licensee must at all times provide an adequate number of food service employees to perform the varied and essential duties inherent to a successful food service operation. Licensee shall employ a full-time Food Service Manager (“Manager”) and will have a supervisor (designated “person in charge”, with a Food Protection Manager certification) onsite at each location. The Manager will be expected to effectively oversee the day-to-day operational supervision of personnel and training, execution of Licensee’s proposal, menu planning, purchasing, cost control, sanitation, customer satisfaction, etc. The Manager must be onsite when the cafeteria is open for the entirety of this

License. A back-up Manager shall also be identified and prepared to take on the duties as described above. The Government reserves the right to approve the person selected as Manager. Licensee’s

Manager will be replaced, on 30 day's notice, upon request of the BM/FM. A representative of

Licensee (e.g., District Manager, owner, company principal, etc.) shall visit the facility periodically and conduct a health and sanitation inspection independent of the operator’s inspection. Inspection findings shall be made available for review by the BM/FM and/or RCM, upon request. A representative of executive status (e.g., Vice President) shall visit the facilities to adjust significant matters requiring attention upon 48 hours’ notice from the Government. Proper staffing must be provided at all times to prevent excessive wait times (5 minutes).

The Manager and back-up Manager must be certified Food Protection Managers as defined in the 2013

U.S. Food and Drug Administration (FDA) Food Code. At least one certified “Food Protection

Manager”, Manager or supervisor, must be located at each operating location.

2) Food service staff will be required to have their Food Handler’s certifications as required by State and local authorities.

3) Licensee’s personnel must be able to communicate in English sufficiently, to carry out all duties assigned to them and to communicate with customers.

4) Licensee’s employees shall wear a distinctive item of clothing such a badge, cap, armband, blouse, or uniform as a means of identification during the time they are in the building. Licensee’s employees shall wear proper uniforms, including hair/beard nets and/or head/covers during the time they are performing their duties in the building. Legible nameplates identifying each employee shall be provided by Licensee and displayed as part of the uniform.

5) Licensee’s employees shall be required to change their clothing and store their personal items in the

Government-provided lockers or neatly in the cafeteria office. If a locker room is provided, it must be maintained in a neat and clean condition by Licensee.

6) Licensee’s employees shall be fully capable of performing the type of work for which they are

11/01/19 Page 14 employed.

7) In order to maintain a high quality food service operation at all times, Licensee must provide adequate, trained relief personnel (management and staff) to substitute for absent regular employees.

8) Licensee is required to schedule a monthly employee training program that will continue for the duration of this License, and any extensions thereof, to ensure that employees perform their jobs with the highest standards of efficiency, customer service, and sanitation excellence. Licensee must keep on site a record of training attendance and subject-matter covered for Government review.

Helpful Training Materials:

Food Safety Training:

-Video: http://bit.ly/FOHFESTV

-Manual: http://bit.ly/FOHFESTM (EXHIBIT 9 A)

Food Safety Manager Training (Does not substitute for certification program):

-Video: http://bit.ly/FOHFSMTV

-Manual: http://bit.ly/FOHFSMTM (EXHIBIT 9 B)

9) Licensee 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. All employees must be cleared through HSPD-12

Government security clearance procedures in accordance with EXHIBIT 13.

10) All articles found by Licensee, Licensee’s agents or employees, or by patrons and given to Licensee, shall be turned in to the Control Center as lost and found items.

11) In addition to the above, Licensee is responsible for:

● Ensuring that all employees have a Licensee Government Identification Badge before they report for duty. The BM/FM will advise Licensee on procedures for obtaining clearances.

● Returning badges to the BM/FM as employees are dismissed or terminated, and/or when the

License expires.

● Ensuring that employees wear their badges properly at all times while on duty, and show them upon request.

● Ensuring that employees make themselves available to pose for new photo identification badges when original badges expire. The schedule for obtaining new badges is to be determined by the

BM/FM.

F. Composting/Recycling.

1) Licensee shall participate and integrate with the recycling and composting program (i.e., cardboard, aluminum, plastic, glass, and metal cans used in food preparation and discarded by customers) operated by the Government in the specific Building associated with this License. At this time the building does not operate a composting program, and the composting requirement is waived until http://bit.ly/FOHFESTV http://bit.ly/FOHFESTM http://bit.ly/FOHFSMTV http://bit.ly/FOHFSMTM

11/01/19 Page 15 operated in this building. When applicable, Licensee shall work in conjunction with the Government to collect food waste for composting, including waste created during food preparation and collected from returned serving trays. Licensee is responsible for the collection, separation, and transportation of recyclables to the dumpsters in the loading dock, or to another location as determined by the

Building Manager. All disposable products must be compatible with the recycling system that will be or is in use within the buildings. The use of disposable chinaware (including plates, cups, and bowls) constructed of polystyrene foam is prohibited. Licensee shall promote the recycling effort via appropriate signage and other customer education efforts.

2) In an effort to reduce paper usage, Licensee shall provide a monetary savings incentive for any customer who uses his/her personal coffee cup. Licensee shall also provide reusable cups/mugs for purchase at a discount rate (ie: With purchased cup/mug, coffee refill cost will be discounted). This program shall be advertised via appropriate signage.

3) Licensee shall collect, store, and recycle grease and cooking oils. The containers and surrounding space are to be kept clean and orderly by Licensee. Licensee shall be responsible for the proper storage and marking of containers of grease and cooking oils. Kitchen grease will be collected in containers that are waterproof, vermin-proof, covered, and well-labeled to indicate container contents.

G. Licensee-Performed Maintenance And Repairs.

Licensee shall, except as otherwise provided herein, adjust, clean, and provide daily operational maintenance (cleaning of filters, removal of grease, etc.), to maintain in a satisfactory condition, all equipment used under the License, regardless of whether provided by the Government or by

Licensee. Licensee shall advise GSA of equipment repairs or replacements needed on GSA equipment as soon as known and shall perform repairs or maintenance required on Licensee owned equipment.

1) A “piece of equipment “is defined as a self-contained mechanical entity, such as toaster, stove, refrigerator, etc. A “utensil” is defined as a (generally) portable item; such as pots, pans, spoons, trays, etc. The Government shall not be responsible for repair or replacement of equipment or utensils provided by the Licensee. Licensee is to keep a log of all repairs performed. Licensee may be responsible for all repair costs in their entirety, should Licensee fail clean and provide daily operational maintenance or deliberately damage the GSA owned equipment.

2) Licensee shall immediately notify GSA of the need to perform these repairs whenever equipment begins to break down or operate at less than 100% efficiency. Any delay in notifying GSA timely of needed equipment repairs, which results in further damage to the equipment will factor into review of exercise of the next option period. Repairs on food service equipment covered by a warranty or guarantee agreement shall not be initiated without the prior approval of the BM/FM.

H. Cleaning and Janitorial Services.

1) Licensee agrees to furnish all labor, supplies, materials, equipment, and supervision sufficient to maintain the cafeteria areas and food service equipment within its areas of responsibility in a clean, orderly, and sanitary condition at all times, as detailed below. In connection with the performance of this License, Licensee shall not use any material which the Government solely determines would be unsuitable for the purpose or harmful to the surfaces to which it is applied.

Licensee shall be responsible for complying with GS-42 Green Seal Environmental Standard for

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Cleaning during the term of this License. Green Seal’s mission is to work towards environmental sustainability by identifying and promoting environmentally responsible products, purchasing and production. Before beginning work Licensee shall submit to the BM/FM the brand name or manufacturer of any material proposed for use in connection with the work of this License.

Any material which the BM/FM determines would be unsuitable for the purpose, or harmful to the surfaces to which it is to be applied, may be rejected. All chemicals used for the purpose of cleaning shall be non-toxic and non-hazardous. Safety Data Sheets (SDS) for all products used shall be placed on site prior to the start date of the License. SDS’s shall be maintained on site and updated as required.

2) Equipment used in the performance of cleaning and janitorial services shall be of the type, and of sufficient capacity, to assure high quality work, and shall meet with the approval of the BM/FM.

3) Licensee shall be responsible for the cleaning and maintenance of the “non public” areas of the kitchen, including: kitchen, storage, work and serving area; including all counters, equipment, floors, walls (up to 6 feet), doors, interior window glass and ceilings (including the ventilation supply and exhaust registers and grills). Licensee shall maintain the “public” serving and dining area floors in a clean, spillage-free condition, and regularly bus tables and the dining area, during service hours.

Licensee shall clean the microwave ovens in the dining area and toasters daily, and leave the dining room floor in a “broom clean,” spillage-free condition after service hours.

4) Licensee shall collect all trash associated with the operation and remove it to a designated trash container as approved by the BM/FM. The Government will be responsible for the removal of the trash from the building.

5) The Government shall be responsible for the daily cleaning of the serving area floors that are considered “public,” patio and atrium floors, all exterior windows, ledges, and frames, both inside and out, as well as the floors in the dining area, including dining room equipment, but not limited to, tables, table tops and bases, chairs, booths, counters, tray carts, and trash collection stations.

6) Failure to maintain any of the facilities in a clean and sanitary condition may result in the withdrawal of the privilege of using such facilities, or the BM/FM may have the facility cleaned by other means with the cost charged to, and borne by, Licensee.

I. Security Areas.

Licensee shall be responsible for the security of all areas under the control and/or jurisdiction of Licensee.

Designated employees shall have the responsibility for determining that all equipment has been turned off, that windows are closed, lights and fans turned off, and doors locked when the facilities are closed. A key shall be available for emergency use only in the building security offices. The Licensee is required to follow the building’s OEP and shall have a fire warden for each location.

Licensee is responsible for ensuring that employees shall not express, repeat, comment upon, disclose, or use in any way any information seen, observed, or derived from documents or conversations of a sensitive or confidential nature overheard by them in the performance of their duties. Licensee shall comply with and assume responsibility for compliance with this provision by its employees.

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J. Hazardous Conditions.

Licensee shall be responsible for identification, prevention of, and/or clean-up of unsanitary or hazardous conditions that are dangerous to anyone using the food facility. This shall include any employee, agent, or representative of Licensee, Federal employee, or other patrons of the food service facility and shall be applicable to any portion of the facility that is under the jurisdiction of Licensee.

1) Hazardous Conditions: Licensee is responsible for identifying any hazardous conditions that may develop in the space assigned to him/her, and shall immediately notify the BM/FM of the condition.

The Government does not warrant or guarantee that no other possible safety hazards exist.

2) Compliance with OSHA: Compliance with the Occupational Safety and Health Act and other applicable laws and regulations for the protection of Licensee employees and sub-Licensee employees performing the requirements defined in this specification is exclusively the obligation of

Licensee. The Government will assume no liability or responsibility for Licensee’s compliance or noncompliance with such requirements.

K. Liability.

The Government will not be responsible in any way for damage or loss caused by fire, theft, accident, or otherwise to Licensee’s stored supplies, materials, or equipment, or the employees' personal belongings.

Any personal injury or physical damage to the building or equipment resulting from fire or other causes shall be reported to the BM/FM immediately.

L. Occupant Emergency Program.

Licensee shall notify the respective Building Fire Command Station, in the event of fire. All of

Licensee’s employees shall be organized and trained to participate in Fire and Shelter in Place (SIP) drills, including the reporting of fires. This shall be accomplished with the cooperation of the BM/FM and the use of the Occupant Emergency Plan, a self-protection plan developed in accordance with GSA guidelines. A copy of this plan is available in the Building Manager’s office.

M. Information Access.

The General Services Administration (GSA) or its duly-authorized representative shall, until the longer of (a) three (3) years after the term of this License, or (b) the period required by law, have access to, and the right to examine, any documents, books, papers, and records involving transactions related to this

License.

7. Responsibilities of the Government

A. License to Operate the Facility.

1. The Government agrees to grant to Licensee, for the stipulated period, and subject to the agreement and conditions herein, the right to: Establish food service facilities at the: Leo W. O’Brien FB, 1 Clinton Square, Lower Level, Albany, NY, as described herein and in connection therewith to prepare and sell food, nonalcoholic beverages, and such other products as the Government may authorize.

2.

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B. Space.

At the beginning of the License period, the Government will provide space for operations under the agreement, as indicated, and thereafter such space as it may deem necessary or desirable. The

Government will provide adequate ingress and egress, including a reasonable use of existing elevators, corridors, passageways, driveways, and loading platforms. The Government will, as it deems necessary, provide space heating, space lighting, ventilation, utilities, and an Integrated Pest Management program.

In addition:

1) The Government will make improvements and alterations as deemed necessary to prepare or recondition assigned space for its intended purpose, including improvements and alterations necessary to conform to applicable sanitary…