Hampton Cafeteria SOW.pdf

PART I - SECTION C

SCOPE OF WORK

CAFETERIA SERVICES

FEDERAL AVIATION ADMINISTRATION

ATLANTA AIR ROUTE TRAFFIC CONTROL CENTER (ARTCC)

HAMPTON, GA 30228

I. Scope of Operation. The Operator shall establish and operate the food service facilities at the Federal

Aviation Administration (FAA) Air Route Traffic Control Center (ARTCC) Building, Hampton, Georgia, for the purpose of selling foods and non-alcoholic beverages. The Contracting Officer does retain the right to bar the sale of some items.

The average total number of 352 employees are onsite Monday through Friday. The Government does not guarantee the number of employees working in the area nor does it express or imply the percentage of employees who will patronize the food service operations. The Operator shall have the use of rooms designated for the cafeteria.

II. Contract Period. The proposed base contract period shall be effective 1 May 2019 through 30 April 2019.

III. Sale Prices. Current sale prices for individual items shall be prominently displayed in the food serving line area. No price increases will be made without one month’s prior written notice to the Contracting Officer.

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

V. Days and Hours of Service. As a minimum, service shall be available six (6) days per week. Monday through Saturday, 6:00 AM - 3:00 PM. Breakfast service shall be available from 6:00 AM - 10:00 AM. Lunch service shall be available from 11:00 AM - 3:00 PM. The contractor has the option to reduce services from six (6) days per week to five (5) days per week (Monday through Friday) if sales fail to support six-day operation. The contractor also has the option to be closed on the following days:

New Year’s

Martin Luther King’s Birthday

Presidents’ Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veteran’s Day

Thanksgiving Day

Christmas

Prior to the Operator closing for the above stated holidays, a notice shall be posted on all doors leading into the dining and queue-up areas one week in advance.

VI. Menus. The Contractor is given the latitude to design a menu that fulfills the desires of the customers;

however, their desires must not impose an undue hardship to the provider. As a minimum, the daily menu will consist of breakfast items , salads and deli-type/grill lunch items.

VII. Quality of Food and Service. The Operator shall serve appetizing foods, promptly and efficiently, under clean and sanitary conditions. The Operator shall prevent bottle necks and service interruptions for which he/she is responsible. All food served must comply with health department regulations and generally accepted good operating practices within the food service industry.

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

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

X. Subsidization. The Government will not subsidize the contractor to cover any loss of revenue or profit.

SPECIAL PROVISIONS

1. Definitions.

a. The term “Secretary” means the Secretary of Transportation and the term “head of agency” means the

Administrator, Federal Aviation Administration. The term “his duly authorized representative” means any person, persons, or boards (other than the Contracting Officer) authorized to act for the head of the agency or the Secretary.

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

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

c. The words “Contractor” and “Operator” shall be considered to be synonymous with each other, as are the words “Contract” and “Agreement.”

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

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

Technical Representative may be referred to as COR.

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

3. Federal, State, and Local Law. The Operator shall, at its own cost and expense: (a) comply with all Federal, State, and local laws, including but not limited to county and local ordinances, rules and regulations now or hereafter in force, which are applicable to the operation of its facility; (b) obtain and pay for all necessary licenses and permits; and (c) pay all fees and charges assessed under Federal, State, and local law insofar as they are applicable to its facility.

4. Termination of Contract.

a. Either party may terminate this contract by giving the other party written notice of its intention to do so.

Other than a termination by the Government in the interest of National defense, any such notice of termination shall be given at least ninety (90) days in advance of the effective date of termination.

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

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

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

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

c. The Government’s termination of this contract for default shall be deemed to be a decision of the CO as to a dispute concerning a question of fact within the meaning of the cause of this contract entitled “Disputes.”

d. In the event this contract is terminated for default, the Government may retain as liquidated damages any monies which have been prepaid or advanced to the Government based on occupancy to the end of the contract period.

e. In the event of termination in accordance with paragraph (a) of this Clause 6, the Operator shall be entitled to have any monies which have been prepaid or advanced to the Government based on occupancy of the premises to the end of the contract period refunded to it by the Government.

f. If after notice of termination for default of this contract under this Clause, the termination shall be deemed to have been properly effected pursuant to paragraph (a) of this Clause.

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

6. Employee Wages. All employees must be paid at an hourly rate not lower than those specified under the

Department of Labor’s most current wage and hour determination.

7. Security. A picture ID is required at all times and shall be provided to the Security Guard at the gate entrance, before admittance to this facility. The Operator and each of his/her employees engaged in work under this contract shall execute and submit to the Federal Aviation Administration FD-258 Fingerprint Chart (2 copies) and

SF 85P Questionnaire for Public Trust Positions (1 copy). Upon approval of Security Clearances, an FAA-supplied picture ID badge will be issued to employees. Personnel of the Operator will not be allowed to perform services under this contract until the CO has received the required forms. The necessary forms will be supplied by the CO.

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

8. ARTCC Facility Rules and Regulations. The Operator shall have the responsibility of ensuring that he/she, any subcontractors, and/or any persons under their control shall obey and abide by all rules, regulations, and/or any implementations thereof declared as authorized by law for the care, operation, maintenance, and/or protection of the facility.

Failure of the Operator, subcontractor, and/or any persons under their control under this clause shall, in addition to assessment of any penalty provided by law, be cause for termination of this contract.

9. Restrictions.

a. Unless specifically authorized in writing by the CO, the Operator shall not remove any Government-owned equipment from the premises.

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

10. Promotion. The Government agrees to maintain an atmosphere conducive of the business under this contract, and to prohibit any competitive business, except as allowed under Public Law.

11. Sanitation.

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

b. Employees suspected, or found to have a communicable disease, shall be removed from duty immediately. Each food handler shall be required to pass a medical examination annually at no cost to the

Government, as may be required by applicable local regulations.

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

12. Inspections.

a. Post-Contract Inventory. Prior to the Food Service Operator taking occupancy of the premises, a pre-inventory inspection shall be done concurrently by the Operator, Contracting Officer, and Contracting Officer’s

Representative.

b. Routine Inspections. Periodic inspections shall be performed by the Contracting Officer, and/or Contracting Officer’s Technical Representative (COTR). The Government reserves the right to do impromptu inspections/inventories of the kitchen operations, at any time during the term of this contract. Any unsafe condition found by such official shall be corrected by the Operator. The Operator is liable for any loss or destruction, except for normal wear and tear. Normal wear and tear will be determined by the Contracting Officer.

c. Health. The facility operated under this contract may be inspected periodically by the COTR, or representative of local health department. After each inspection, the Operator will be provided a copy of the report within 24 hours of the inspection. The Operator shall also provide their plan of action for correcting any deficiencies.

d. Fire Prevention. Periodic inspections shall be performed by an FAA appointed fire inspector. Any unsafe condition found by such official, shall be corrected immediately by the Operator.

e. Industrial Safety. Periodic inspections shall be performed by an FAA appointed Safety Officer. Any unsafe condition found by such official, shall be corrected immediately by the Operator.

13. Responsibilities of the Government.

It shall be the responsibility of the Government to:

a. Provide space (as described in Paragraph I, Scope of Operation), retaining use of the Dining Area (as described in Paragraph IX, Government Use of Premises).

b. Maintain and repair this space including repainting and/or redecorating walls, ceilings, etc., floors, floor coverings, etc. Maintenance of floor drains, sink drains, garbage disposals, etc., resultant of the Operators negligence will be the responsibility of the Operator.

c. Maintain existing space heating, air conditioning and ventilating systems.

d. Maintain existing lighting fixtures, including lamp replacement.

e. Provide and permit the Operator use of kitchen equipment.

f. Provide and maintain utilities required of kitchen equipment. Telephone and service is provided by the

Government.

g. Subject to adequate day-by-day maintenance of equipment by the Operator, the Government will maintain and/or repair Government-owned equipment, providing that damages and/or malfunctions are not resultant of

Operator’s negligence. Repairs resultant of the Operator’s negligence will be made known to the Operator by the

CO, and those repairs will be the responsibility of the Operator.

h. Provide cleaning of queue-up area floor in front of the serving line and dining area floor.

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

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

14. Responsibilities of the Operator.

It shall be the responsibility of the Operator to:

a. Provide prompt, efficient, and courteous service.

b. Obtain licenses and permits as required by State and local authorities, and shall observe all applicable building, health, sanitary and other regulations and laws.

c. Utilize reasonable care in the use of Government-owned space and equipment. Upon termination of contract, relinquish such space and equipment in as good of condition as found, except for ordinary wear and tear.

The Operator shall be responsible for replacing any items missing upon termination of contract. A final inventory shall be taken by the CO, COTR, and Food Service Operator, prior to the Operator vacating the premises, before the date of termination.

d. The Operator shall provide supplies necessary to operate food service such as pots, pans, cooking utensils, napkins, knives, forks, spoons, plates, cups, plastic tumblers, salt and pepper shakers, food and condiments, other than those provided by the Government. The Operator shall provide disposable supplies for take out service, as needed.

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

f. Maintain areas behind counter, kitchen areas, freezers, coolers, storage rooms, and two (2) rest rooms in a clean and sanitary condition.

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

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

i. All articles found by the Operator, or its agents or employees, or found by patrons and given to the

Operator, shall be turned in to the Government (CO or COTR) during normal administrative hours as lost-and-found items.

j. Operator and/or their employees shall park in the main parking lots. Parking behind the ARTCC building is prohibited.

15. Surrender of Possession.

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

b. Upon prior written notice to the Contracting Officer, the Operator shall have the right at any time during the terms of this contract to remove any operating facilities it may erect or install or use in or on 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 or fees;

and provided that, upon removal of any such operating facilities, the Operator shall restore the premises to a condition satisfactory to the Contracting Officer.

c. The Operator shall be deemed to have abandoned to the Government any operating facilities and other facilities, equipment and property of the Operator, which it has failed to remove from the premises or possession of the Government within fifteen (15) calendar days after the end of the period of this contract, or the effective date of termination thereof, unless the Contracting Officer waives this requirement, in writing. Expenses associated with the removal of abandoned Operator’s equipment and restoration of the facilities at the Government’s expense may be recovered from the Operator as provided by law. In the event it is necessary for the Government to remove such facilities, equipment, and/or property, the Government shall not be subject to any liability by reason of the removal of the custodial care of same.

16. Establishment of Operating Facilities.

a. The Operator shall provide and install, at its own expense, all operating facilities and furnish all supplies and materials, not provided by the Government within this contract, required for the service under this contract.

b. All such installations shall be subject to the safety standards and similar criteria and with regulations established for the facility and for compatibility of design, quality, conditions or color arrangement with the architectural and general character of the facility. In addition, all installations shall conform to applicable State and

Federal building, plumbing, electrical, or similar codes or ordinances. The Operator shall provide all necessary maintenance for these operating facilities.

ATTACHMENT A

ROUTINE AND PERIODIC MAINTENANCE

FOR OPERATOR OF FOOD SERVICES

Atlanta ARTCC

299 Woolsey Road

Hampton, Georgia 30228

I. Daily.

1. The grill shall be stone cleaned once daily.

2. Sweep, mop, and disinfect all kitchen/serving area floors.

3. Verify all sink, disposal, and floor drains are unobstructed.

4. Insure that all garbage, trash, refuse, etc., is removed from the kitchen areas prior to the Operator’s last employee leaving for the day. This includes rinsing out the trash containers.

5. All counters, shelves, racks, equipment, etc., wiped down (includes range and vent hoods).

6. Sweep, mop, and clean two (2) restrooms.

7. Wash all pots, pans, trays, dishes, cups, glasses, utensils, etc., (nothing dirty to remain overnight).

II. Weekly.

1. Clean and disinfect all trash and garbage containers.

2. Clean ranges and ovens.

3. Remove and clean all range and vent hood filters.

4. Clean and disinfect dishwashing area.

5. Drain and clean deep fat fryers.

6. Clean and degrease all range and vent hood canopies.