DoDCC Mark Center Greeting Cards Gifts Souvenir Store RFP Issued 01 May 2023.pdf

Room 5B-843, The Pentagon Phone: 703.695.2295 Washington, DC 20301 Fax: 703.693.9286

DEPARTMENT OF DEFENSE CONCESSIONS COMMITTEE

May 1, 2023

Company Name Attn:

Address City, State Zip Code

Subject: Request for Proposals (RFP) #DoDCC-2023-R-0001 –Greeting Cards, Gift, or Souvenir Store, The Mark Center, Alexandria, VA, Pentagon Reservation

Dear XXX:

The Department of Defense Concessions Committee (DoDCC) is a non-appropriated fund instrumentality (NAFI) within the Department of Defense (DoD) with oversight responsibility for commercial sales on the Pentagon Reservation. The DoDCC provides products and services to customers within the Pentagon Reservation to include food service, retail and vending.

The DoDCC is soliciting proposals to establish an agreement with one (1) firm to operate and manage a greeting cards, gift, or souvenir retail store in Room 01C23B within the Mark Center Office Building, 4800 Mark Center Drive, Alexandria, Virginia. A copy of the solicitation is enclosed for your consideration.

The Mark Center is a government office building that houses approximately 6,500 Federal employees, military personnel and Government contractors when at its maximum capacity (pre-COVID-19). The Mark Center current population is approximately 2,000, and it is expected to gradually increase to its full capacity over the next couple of years.

Prospective offerors are urged to schedule site visits at any time after the preproposal conference, which is scheduled for Thursday, June 8, 2023 as stated in the RFP.

Offerors interested in attending the preproposal conference must RSVP no later than close of business on June 1, 2023. Specific information regarding the preproposal conference and the RSVP process is found in Section L. of the RFP.

Scheduling of site visits will be handled by submitting requests to:

whs.DoDCCRequest@mail.mil. All site visits must be conducted after the preproposal conference and no later than June 23, 2023. Any questions prospective offerors would like to have addressed must be submitted to Ms. Shelley Driver no later than close of business on June 23, 2023 via email to shelley.a.driver.naf@mail.mil.

mailto:whs.DoDCCRequest@mail.mil mailto:shelley.a.driver.naf@mail.mil

Room 5B-843, The Pentagon Phone: 703.695.2295 Washington, DC 20301 Fax: 703.693.9286

Proposals for this requirement must be received by 2:00 PM Eastern, Friday, July 7, 2023 at the address below:

Department of Defense Concessions Committee (DoDCC)

Attn: Ms. Gail Lee, RE: Greeting Cards, Gift, or Souvenir Store, The Mark Center, Pentagon Reservation

Room 5B843, The Pentagon Washington, DC 20301

If further information or clarification is required, please contact the undersigned at

(571) 289-9759 or by email at shelley.a.driver.naf@mail.mil.

Sincerely, Shelley A. Driver Contract Specialist

Request for Proposals/Proposal Acceptance Page 1 of 53 Issued by:

Department of Defense Concessions Committee (DoDCC) Room 5B843, The Pentagon Washington, DC 20301

Date Request Issued:

May 1, 2023

Request for Proposal Number:

DoDCC-2023-R-0001

REQUEST FOR PROPOSALS

A signed, completed proposal, consisting of two original copies and 0 copy(ies), for furnishing the items and/or services described in the Schedule, will be received at, or delivered to the above office until 2:00 PM Eastern on July 7, 2023.

For Information Call:

Name of Person to Call:

Phone Number:

SCHEDULE

Item No. Supplies / Services Amount

Greeting Cards, Gift, or Souvenir Store, The Mark Center, Alexandria, VA, Pentagon Reservation

PROPOSAL

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

Offeror Name and Address (Including Zip Code):

Check if remittance is different from above. Enter such address in the Schedule

Discount for Prompt Payment Not Applicable

N/A_ % 10 Calendar days N/A_ % 20 Calendar days N/A__% 30 Calendar days

Phone Number

Print / Type Name of Person Authorized to Sign Proposal:

Signature: Date:

ACCEPTANCE (For DODCC Use Only) Accepted as to Items Numbered:

Amount:

Contract Number:

Submit to:

Department of Defense Concessions Committee (DoDCC) Attn: Financial Manager Room 5B843, The Pentagon Washington, DC 20301

Payment will be Made To:

Department of Defense Concessions Committee (DoDCC) Attn: Financial Manager Room 5B843, The Pentagon Washington, DC 20301

Acceptance: Your proposal on Request for Proposals number DODCC-2023-R-0001 including the additions or changes made by you, which additions or changes are set forth in full above and on any continuation sheets. This acceptance consummates the contract, which consists of the Request for Proposals and acceptance of your proposal. No further contract document is necessary.

Name of Contracting Officer:

GAIL M. LEE

Signature of Contracting Officer Date:

NO OFFER SUBMITTED FOR REASONS CHECKED

CANNOT COMPLY WITH SPECIFICATIONS

UNABLE TO IDENTIFY THE ITEM(S)

OTHER (Specify)

CANNOT MEET DELIVERY REQUIREMENT

DO NOT REGULARLY MANUFACTURE OR SELL THE TYPE OF ITEM(S)

INVOLVED

WE DO DO NOT DESIRE TO BE RETAINED ON THE MAILING LIST FOR FUTURE PROCUREMENT OF THE TYPE OF

ITEMS INVOLVED.

NAME AND ADDRESS OF FIRM (Including Zip Code)

SIGNATURE:

TYPE OR PRINT NAME AND TITLE OF SIGNER:

FOLD FOLD

FOLD FOLD

FROM:

AFFIX

STAMP

HERE

To: Department of Defense Concessions Committee

Attn: Gail Lee, Greeting Cards, Gift, or Souvenir Store, The Mark Center, Alex-andria, Virginia, Pentagon Reservation

Room 5B843, The Pentagon Washington, DC 20301

REF NO: DoDCC-2023-R-0001 Greeting Cards, Gift, or Souvenir Store, The Mark Center, Alexandria, VA, Pentagon Reservation CLOSING: 2:00 PM Eastern, July 7, 2023

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Mark Center Greeting Cards, Gift, or Souvenir Store

A. Solicitation

1. Requirement

a. It is the intention of the Department of Defense Concessions Committee (DoDCC) to award a

License Agreement to a firm to manage and operate a greeting cards, gift, or souvenir store in Room 01C23B in the Mark Center, 4800 Mark Center Dr., Alexandria, VA. The successful offeror shall operate and manage the retail concept and provide all necessary fixtures, equipment, etc., to operate it as described and as further defined in Section C. herein. The finishes within the space may be changed by the successful offeror at its expense, considering strict time/process parameters; and the changes must be finish only and not structural in nature.

The specific finishes are to be procured, installed and maintained by the successful offeror and must meet any design/décor brand requirements subject to the approval of the DoDCC Contracting Officer. Additionally, the successful offeror shall provide any and all other supplies and equipment needed to operate and maintain the greeting cards, gift, or souvenir store, including, but not limited to, items such as merchandise, shelving, Point of Sale (POS) equipment, etc. (See paragraph C.4. for a more complete list.)

b. The space in which the successful offeror shall operate is identified in Attachment 1 (provided upon request through a secure Dropbox link). Such requests should be submitted to Ms. Shelley Driver at shelley.a.driver.naf@mail.mil. The space is approximately 720 sq. feet and is identified on Attachment 1. The space allocation is subject to change at the discretion of the Mark Center Building Authorities in charge of space allocation and/or the DoDCC.

c. Interested offerors submitting plans as part of proposals in response to this RFP must comply with the drawing standards for Architectural and Engineering (A&E) plans when developing drawings for Mark Center projects. The details of this requirement are provided in Section F.5.

herein.

d. The allocated store space will be configured by the successful offeror to maximize sales performance while maintaining an aesthetically pleasing store. Careful selection and planning of design elements such as architectural features, lighting, fixtures, displays, focal points, etc.

will all contribute to this end. The successful offeror will use store fixtures consistent with the merchandise or services to be offered and provide appropriate displays to advertise the store being offered. The anticipated opening date for this store is August 2023 or sooner, dependent upon the successful offeror’s ability to open.

e. Attachment 2 provides the Mark Center drawing with the proposed space highlighted. The space is currently vacant. Estimated sales for this concession operation are unknown. The DoDCC makes no warranty, express or implied, of actual sales to be realized from this License Agreement. It is the responsibility of offerors to determine the projected estimated sales for the retail operation.

f. The Mark Center is a government office building that houses approximately 6,500 Federal employees, military personnel, and Government contractors when at its maximum capacity (pre- COVID-19). The Mark Center current population is approximately 2,000 people, and it is expected to gradually increase to its full capacity over the next couple of years.

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g. The Mark Center is not open to the general public. Access is granted only to those persons already authorized access to the Mark Center. All those either working in or visiting the Mark Center have authorization to shop without limitation in any of the food or retail stores.

2. General Information

a. The Department of Defense Concessions Committee (DoDCC) is a nonappropriated fund activity within the Department of Defense (DoD) that provides products and services to customers within the Pentagon Reservation which includes the Pentagon and the Mark Center and other office buildings within the National Capital Region (NCR) as directed.

b. Hours of Operation: The Licensee shall operate the retail store between the core hours of 8:00 a.m. and 5:00 p.m., Mondays through Fridays, with the exception of the Federal Holidays.

Please note that the core hours are subject to change due to circumstances like COVID-19, any future pandemics, and at the direction of the CDC, Pentagon Reservation Sanitarian, DoD and Commonwealth of Virginia guidelines. Licensee may, at times, have to close, based on Pentagon Reservation Health Protection (HP) levels and/or Commonwealth of Virginia phased re-opening plans, which may be subject to change. The Federal Holidays are stated below:

i. The Mark Center workforce/building is closed for all Federal Holidays which include

New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. Additionally, the Mark Center workforce/building is closed when the President of the United States issues Executive Orders granting paid leave for additional days (e.g., the Friday after Thanksgiving Day, the day before Christmas Day).

ii. Closures/delays in opening or closing the retail store due to inclement weather will be in accordance with the Office of Personnel Management (OPM) guidance issued for the Washington, DC area. It is the Licensee’s responsibility to monitor and comply with OPM guidance. Information regarding the current status for federal agencies can be found at: https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/current-status/.

3. Definitions

a. The terms “DoDCC” or “Committee” means the nonappropriated fund instrumentality established under the Department of Defense Directive 5120.18 and the Committee’s Contracting Officer, Director, Business Enterprise Group, or other persons directed or authorized by the Committee to function on its behalf and to carry out its policies and directives.

b. The DoDCC is a non-appropriated fund instrumentality under the jurisdiction of the

Department of the Defense and serves as Business Manager for all retail, personalized services and food services within the Pentagon Reservation (the Mark Center, Pentagon and other areas described in 32 CFR § 234.1) and other buildings in the National Capital Region (NCR) as designated and as described above.

https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/current-status/ https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/current-status/

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Mark Center Greeting Cards, Gift, or Souvenir Store

c. “Contracting Officer” means the person executing or administering this License Agreement on behalf of the nonappropriated fund which is a party hereto, or his/her successor or successors.

d. “Government” means the United States of America, and any entity thereof, including the Department of Defense, the DoDCC, Department of the Navy, Department of the Army, Department of the Air Force, U. S. Coast Guard, U. S. Marine Corps, and any other Government entity, whether military or civilian.

e. “Contractor” or “Licensee” means the individual, partnership, corporation, or other entity, which is awarded this License Agreement to operate the retail concession hereunder.

f. License. By the DoDCC’s acceptance of an offer made hereunder, the DoDCC grants a nonexclusive, revocable license (“the Agreement”) for a greeting cards, gift, or souvenir retail store as described herein, and in consideration of payment by the Licensee of the commissions and any other payments specified in this Agreement. The Licensee, by virtue of this Agreement, shall not be deemed to have become an agency, independent establishment, or governmental corporation under the authority of the DoDCC, nor shall its employees be deemed to have become agents, employees, or officials of the DoDCC. The Licensee shall be deemed merely to be licensed to enter and use Government property, such premises as delineated hereunder, solely for the purpose of exercising the rights and privileges granted by this Agreement. Nothing in this Agreement creates a tenancy, leasehold, or other interest on the part of the Licensee in the premises or real estate covered herein.

Upon revocation of this License Agreement, the Government shall have the right to remove and exclude the Licensee and any of its employees without being deemed guilty of any unlawful entry, trespass or injury of any sort whatsoever.

g. “Net Sales” are defined to be gross sales (including Internet sales) minus returns (only for sales originally made in the Mark Center retail store), employee discounts, coupons, over rings, and all applicable taxes.

h. The term “Pentagon Reservation,” as defined in 10 U.S.C. §2674(f)(1), means the Pentagon, the Mark Center Campus, and the Raven Rock Mountain Complex.

i. The terms “concession income,” “commission payment,” and “sales commission” are defined as the

DoDCC’s agreed upon percentage of sales payable by the Licensee to the DoDCC. (See paragraph B.2.)

4. Period of Performance

The initial period of performance for the greeting cards, gift, or souvenir retail store agreement shall expire five (5) years after the Licensee first opens the concession facility for business.

5. Renewals/Options

The period of performance for this retail agreement may be renewed for two additional periods of five (5) years each. Renewals will be made in writing, by mutual agreement of the parties hereto, and subject to the written approval of the Contracting Officer. Should either party not intend to renew the License Agreement at expiration, such party is obligated to provide at least one-hundred eighty (180) calendar days written notice to the other party of its intentions. If

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Mark Center Greeting Cards, Gift, or Souvenir Store such notice is provided with less than one-hundred eighty (180) calendar days left in the License Agreement period of performance, this late notice will act to automatically extend the period of performance to equal a period of one-hundred eighty (180) calendar days from the date of notification.

6. Post Award Site Visits/Inspections

Licensee shall coordinate all site visits of the space (prior to DoDCC turnover to the Licensee and Licensee receipt of Mark Center badges) via email by submitting requests through the email: whs.DoDCCRequest@mail.mil, with an email copy to Wendy Adams, at wendy.e.adams.naf@mail.mil and Sakethia Dunmore, at sakethia.r.dunmore.naf@mail.mil.

Should you have any issues with this process, please contact the DoDCC Administrative Assistants, Ms. Wendy Adams or Ms. Sakethia Dunmore at (703) 695-2295.

7. Persons Authorized to Conduct Negotiations Offerors are requested to list below the names, telephone and facsimile numbers, and email addresses of persons authorized to conduct negotiations/sign contractual documents on their behalf:

Name

Title

Telephone Number

Fax Number

E-Mail Address mailto:wendy.e.adams.naf@mail.mil

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B. Supplies, Services, Prices, Commissions and Costs

1. General

The Licensee and any subcontractors it uses for this effort shall provide all supplies and perform all services necessary, using its own employees, to perform the work as described herein and shall operate the greeting cards, gift, or souvenir retail store described, in accordance with its company standards and the specifications of this License Agreement. These standards shall include design, decor, equipment, service techniques and operating procedures that are essential to the success of the operation.

2. Financial Proposal / Licensee Fee

The Licensee shall not be required to pay rent for spaces used. However, in lieu of rent, the firm selected to operate this License Agreement shall be expected to remit each month to the DoDCC a percentage of sales in the form of a commission payment. Commissions are due on all sales transactions. Commission payment proposals are invited on the basis of a fixed percentage (e.g., flat rate, sliding scale) of net sales as defined in Section A.3.g. above.

Commission offers should be sufficiently detailed, as necessary, to prevent ambiguity or misinterpretation. The Licensee shall pay such commissions monthly, by the 10th day of each month, for sales during the preceding calendar month. Late payments are subject to additional assessment of fees. The commission period shall run on the DoDCC’s fiscal year, October 1st through September 30th of the following year.

Current DoDCC retail concessionaires pay concession income fees (monthly commissions) ranging from 9.0% to 25.0%. Concession income fees (commissions) vary based on items sold and/or the services rendered by the concessionaires.

Upon award of this License Agreement, no later than thirty (30) calendar days after License Agree-ment award and before performance begins, the Licensee shall furnish to the Contracting Officer via Electronic Wire Transfer (EFT), the amount of $3,000. The DoDCC shall establish a Certificate of Deposit at Navy Federal Credit Union (NFCU) as adequate surety acceptable to the DoDCC and Con-tracting Officer to assure the performance of the terms of this License Agreement. The specific de-tails will be provided to the successful offeror at the time of License Agreement award. The $3,000 surety payment, inclusive of any accrued interest, shall be returned to the Licensee within thirty (30) calendar days of the end of the initial five-year (5-year) period of performance. However, should the Licensee’s period of performance culminate at the end of the initial five-year (5-year) period of per-formance, the $3,000 surety payment, inclusive of accrued interest, shall be returned within thirty

(30) calendar days after receipt of the final commission report. At its sole and exclusive option, the DoDCC reserves the right to retain the $3,000 surety payment, inclusive of any accrued interest, as adequate surety acceptable to the DoDCC and Contracting Officer to assure the performance terms of any subsequent period of performance under this License Agreement. If so retained, the $3,000 sure-ty payment, inclusive of any accrued interest, shall be returned to the Licensee within thirty (30) cal-endar days of receipt of the final commission report for the last month of performance. Additionally, the DoDCC reserves the right to deduct from the deposit any outstanding commission payments and any other outstanding obligations accrued in the performance of the License Agreement.

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The commission payment established in this License Agreement, and in any subsequent renewal, shall remain firm for the period of the License Agreement, or period of renewal, unless the parties hereto mutually agree to a fee adjustment in which event the adjustment shall become effective only on the effective date of a written modification to the License Agreement.

Any request by Licensee for adjustment to the commission must be made in writing to the Contracting Officer and provide sufficient factual information and data to substantiate the proposed revision, including clear and definite identification of existing cost factors which could not be identified at the time of License Agreement award or renewal. However, no adjustment of commission will be made during the last ninety (90) calendar days of any License Agreement period.

3. Taxes

a. General. The Mark Center resides in the City of Alexandria in Virginia. The Licensee is liable for all taxes applicable to its property and income, and all of its transactions arising out of or in connection with the performance of this License Agreement. The Licensee will not be reimbursed by the DoDCC for any direct or indirect tax imposed on the Licensee by reason of this License Agreement or otherwise. The Mark Center has no special tax exemptions.

Licensee is required to consult with the Virginia Department of Taxation for any specific questions pertaining to taxes.

b. Sales Tax. In accordance with 4 U.S.C. 105, where a state or local law imposes a sales tax on the Licensee’s sale of items or services, the sales tax will be collected from the customer and paid directly by the Licensee to the appropriate tax collection agency.

4. Utilities

a. Utilities required for operation of the retail store at the Mark Center will be provided to the Licensee free of charge, except local and long-distance telephone service or other communication utilities. Should a policy change occur regarding the provision of utilities, the Government agrees to negotiate in good faith an appropriate change to the License Agreement to share such additional expenses.

b. After award of the License Agreement, the Licensee must order its telephone/DSL line. The process may take up to ninety (90) calendar days after initiation of the order with Verizon. The following instructions are provided:

-Licensee must initiate an order with Verizon. The service delivery address is: Room 01C23B, 4800 Mark Center Drive, Alexandria, VA 22311;

-Once the order is complete, the Licensee shall provide the order number, delivery date, cable/pair connection at the point of presence (POP) and desired placement of wall jack within the store to Patrick Tate (DoDCC) at patrick.j.tate2.naf@mail.mil;

-Once line(s) installed by Verizon, the DoDCC will request the cost estimate from JSP to have the line(s) extended to the space;

mailto:patrick.j.tate2.naf@mail.mil

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-The JSP cost estimate will be provided to the Licensee for approval and upon approval, Licensee must provide funding to the DoDCC before the work can begin; and

-Funding may be remitted to the DoDCC either via EFT or check made payable to the DoDCC.

c. Customized cable TV is available for an annual fee of $200.00 (based on FY 20), per television, which is paid once a year to the U.S. Army Information Technology Agency. The cable service is customized to the Mark Center. However, the cost is subject to change at the discretion of the Government.

C. Description, Specification, Work Statements

1. General

Except as otherwise provided in this License Agreement, the Licensee is responsible for all costs associated with performance of this License Agreement. The Licensee shall perform all sales, services and other necessary functions, in a good workmanlike manner, with its own properly trained personnel, equipment and supplies.

2. Scope of Work

Licensee shall maintain, manage and operate a greeting cards, gift, or souvenir retail store in Room 01C23B in the Mark Center.

License shall offer a broad mix of merchandise and services (a wide variety of items at various quality and price points) including but not limited to: name brand card lines to include seasonal and standard greeting cards; gift wrap; novelty gift items (e.g., games, calendars, etc.);

Washington, DC souvenirs; commemorative items; stationery; writing instruments; ornaments;

handcrafted gifts; clothing/hats; photos; office or desk accessories; paperweights; mugs;

postcards; key chains; statues/figurines; engraving services, etc. Licensee or its supplier(s), if offering Department of Defense (DoD), military branches, commands, Pentagon, Mark Center, etc., trademarked/licensed items, must have licenses and trademarks and authorization to produce and sell licensed and trademarked items in place prior to License Agreement award and for the entire period of performance of the License Agreement. Additionally, a licensed, branded shipping concept (e.g., Contracted Postal Unit (CPU) under the United States Postal Service (USPS), FedEx, UPS, etc.) is desired but not required to be offered.

Prices in the Mark Center greeting cards, gift, or souvenir store must be equal to pricing found at either Licensee’s locations on military or Government installations or its commercial locations within a ten (10) mile radius of the Pentagon Reservation, or at similar providers’ locations within a one (1) mile radius of the Pentagon Reservation.

The Licensee will not be authorized to sell under the terms of this Agreement any items currently provided by existing DoDCC concessionaires located within the Mark Center

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2023-R-0001 10 of 53 Name of Offeror or Licensee | License Agreement Title including branded and unbranded food (prepared, catered, etc.); and merchandise sold in the snack bar/convenience store operated by the blind in accordance with the Randolph-Sheppard Act. This list is subject to change at the DoDCC’s discretion, dependent upon future License Agreement awards for other retail merchandise, concessions and services.

3. Facility

a. The Mark Center has funded and constructed the space described herein with finishes as de-scribed at Attachment (1). The Licensee shall generally not be permitted to implement renova-tions without prior approval of the Contracting Officer. Any facility improvements, including finishes, are the responsibility of the Licensee. Any changes, upgrades, or alterations to finish-es contemplated by the Licensee during the course of the License Agreement, must be approved by the Contracting Officer and the Mark Center Building Management Office. The temperature in the Mark Center is maintained at 72 – 74 degrees Fahrenheit.

b. Construction is defined as any changes to the space or installation of furniture, fixtures, and equipment (FF&E) that is attached to the walls, floors, ceilings, etc. (e.g., changes to light-ing/additional lighting, etc.). Installation of retail fixtures that are not being attached to the walls, floors, ceilings, etc., and painting would not be considered construction.

c. No build out, equipment or signage is permitted outside of Room 01C23B in the Mark Center.

d. It is expected that the Licensee will consider “green” building materials (LEED compliant) and finishes when fitting out the space. LEED requirements are contained within the WHS Build-ing Code (Attachment 3 of the RFP).

e. Modifications to the space in the areas of electrical, IT, interior walls and finishes are permitted, subject to the approval of the Mark Center Building Management Office and must be accom-plished by the Mark Center Building Management Office’s contractor. No changes to the loca-tion of perimeter walls or entrances may be made.

f. Standard 120v electrical service is provided in the space. Modification of the electrical system will require prior approval and coordination with the Mark Center. Electrical will remain at walls.

g. The floor underneath the space is concrete. No core drilling of the floors (concrete deck) will be permitted. However, changes to the flooring (e.g., replacement carpet, tile, wood laminate, etc.) may be permitted, subject to the Contracting Office and/or Mark Center Building Man-agement Office approval, as applicable.

h. Keys. Two keys to the space, Room 01C23B, will be provided to the Licensee after License

Agreement award. One key to the trash room in the Mark Center will be provided to the Licen-see after License Agreement award.

i. The use of security systems (e.g., perimeter, motion detectors, cameras, panic buttons) is re-stricted unless Licensee has proposed in its initial proposal and obtained prior acceptance of the system and approval from the Contracting Officer and Pentagon Force Protection Agency

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(PFPA). Note: All wireless security systems require additional review and approval. Addi-tional time for approval can range from ninety (90) to one hundred twenty (120) calendar days.

j. No photographs may be taken at the Mark Center without authorization from the Pentagon

Force Protection Agency (PFPA). A photography permit can be requested through the Con-tracting Officer via the process described in Section 10. below.

k. Miscellaneous Construction Requirements. The Licensee is required to comply with building code standards when developing submittals and performing construction/installation in building spaces within the Pentagon Reservation. The Licensee must comply with the following docu-ments: the WHS Building Code 2022 Edition dated February 1, 2022 (identified as Attach-ment 3 and is available upon request); the WHSFR, WHSBC Proposed Code Changes (identi-fied as Attachment 4 and is available upon request); WHS Fire Regulations 2023 Edition (identified as Attachment 5 and is available upon request); and WHSFR Adoption Memo (identified as Attachment 6 and is available upon request).

l. Licensee’s facility must comply with the Americans with Disabilities Act (ADA).

m. Conduct on the Mark Center is governed by 32 C.F.R. 234, and applicable Federal, State, and local laws.

n. At expiration of the initial License Agreement and any subsequent renewal periods, decor up-grades to customer areas, equipment replacement or replacement of worn Licensee furnished items including by not limited to: retail fixtures, equipment, etc., may be required as a condition for the DoDCC’s agreement to renew this License Agreement. Discussions for any such re-quired Licensee investment shall commence approximately one-hundred eighty (180) calendar days prior to the expiration of the initial License Agreement period and any subsequent renewal periods.

o. Equipment, Furniture and Fixtures

(1) Any equipment, equipment modifications and furnishings considered necessary by the

Licensee must be approved in writing by the Contracting Officer prior to installation or changes being implemented.

(2) Daily, weekly and monthly cleaning of spaces and customer contact areas must be accomplished as required by routine sanitation inspections, or at the request of the Mark Center as identified by the Contracting Officer.

(3) Licensee’s proposed use of IT data transmission equipment/architecture is subject to review and approval by Mark Center IT Governance. Approvals will take approximately two (2) to four (4) weeks, and approval must be granted before Licensee will be able to install it.

(4) The building fire suppression system in the spaces is maintained and tested by the Mark

Center, e.g. sprinkler heads, strobes. Inspection and maintenance of fire extinguishers in the Licensee’s operated spaces are the Licensee’s responsibility. The Mark Center also reserves the right to conduct biannual inspections on the fire suppression system.

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p. Title to Buildings or Structural Improvements

(1) At all times relevant to this Agreement, title to all buildings and structural improvements shall vest with the Government. At no time shall Licensee have title in the real estate or enjoy any leasehold tenancy or other property interest in the real estate or the building and improvements thereon. Title to permanent or structural modifications including Heating, Ventilation and Air Conditioning (HVAC) equipment resulting from Licensee’s work, as applicable to this agreement, shall vest in the Government upon completion and acceptance by the Government.

(2) Within fifteen (15) calendar days of expiration or revocation of this Agreement, the

Licensee shall promptly remove all of its removable property, including trademarked equipment, severable equipment and signs, at its own expense. Any logos authorized as a part of the retail store design that were installed in areas such as flooring, walls, etc., may have to be removed by Licensee, subject to the determination of the DoDCC Contracting Officer. Removable or severable equipment is defined as that which can be removed without causing material damage to the space or facility. The Licensee shall exercise due care in removing its property to prevent damage to Government property. Government property damaged by the Licensee during such removal shall be repaired or replaced at Licensee expense. If the Licensee fails to remove its property and equipment within fifteen

(15) calendar days, the DoDCC may use or dispose of such property and equipment, including removal and storage of said property, and charge the Licensee for any expenses incurred for removal and storage. Upon removal of Licensee’s property, any alterations made to physical structures will be repaired/replaced to their original pre-installation condition.

q. Maintenance. Except as may be otherwise stated in this Agreement, the Licensee is responsible for maintaining the premises, including all furnished equipment, furniture, and fixtures, at its own expense. The Licensee shall maintain the premises in good condition and undertake reasonable actions as necessary to maintain an acceptable image. The Licensee assumes the full risk and responsibility for any loss, destruction or damage occurring to Government property and to any of the Licensee's property which is caused by the negligence of the Licensee or its employees.

r. Unless otherwise specifically provided herein, the Licensee shall comply with applicable

Federal and local codes and regulations which pertain to the retail store operation, in the areas of life safety, fire safety, health and security. In the event structural modifications to assigned spaces are deemed necessary for such compliance, through no fault of the Licensee, the Mark Center shall bear any associated expense.

4. Equipment / Other items

a. The Licensee shall be required to furnish all items necessary to provide the services hereunder.

These required items include, but are not necessarily limited to:

Cabinets Countertops Décor* Shelves

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Point of Sale systems / equipment Phone System Computer / Ordering systems / equipment Cleaning Equipment Carpet Cleaning Equipment** Cleaning Supplies Retail Fixtures

* No open flames are allowed in the Mark Center ** Commercial grade cleaning equipment required

b. Government Furnished Equipment (GFE):

(1) For purposes of this retail store, there will be no Government-furnished equipment, furniture and fixtures (GFE) in the facility.

c. Cleaning Responsibilities:

(1) The Licensee shall be responsible for cleaning and maintaining the space provided for the store. The Licensee shall implement procedures to ensure the facility is routinely cleaned throughout the operating day and a complete cleaning is done before the facility is secured each day. The Mark Center Building Management Office provides office trash removal services and will pick up daily.

(2) The facility and immediate premises will be inspected regularly by the Contracting Officer, and the Licensee will be advised of the results of such inspections. The Licensee shall take timely and appropriate action to resolve any noted deficiencies or problems.

(3) The facility and immediate premises may be inspected by the Facilities Services Directorate

(FSD) and/or the Pentagon Reservation sanitarian on a regular basis in accordance with the Tri-Service Food Code, NAVMED P-5010, for the Pentagon Reservation. The Licensee will be advised of the results of such inspections and shall be required to resolve any noted deficiencies or problems within the timeframe identified in each Sanitation Report.

Licensee’s failure to respond as required may be grounds for License Agreement termination for default.

5. Customer Service

a. Operating Hours

(1) As stated in Section A.2.b. herein, initial operating hours shall be from 8:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of Federal Holidays. Please note that the core hours are subject to change due to circumstances like COVID-19, any future pandemics and at the direction of the CDC, Pentagon Reservation sanitarian, DoD and Commonwealth of Virginia guidelines. Adjustments to the operating hours shall be as mutually agreed between the Licensee and the Contracting Officer to provide optimum customer service.

Any proposed reduction or extension in hours of operation, either temporary or permanent, must be requested through the Contracting Officer prior to implementation, and must be approved in sufficient time to allow for a posted two-week advance notice to customers.

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(2) It may become necessary to adjust the operating hours from time to time to accommodate special events, holidays, etc. In such event, the Contracting Officer shall provide reasonable notice to the Licensee of any such required changes in the operating hours. Note: In the event of emergencies, the notification may be much shorter.

(3) Customers shall be offered a cash receipt or proxy receipt (e.g., electronic receipt provided via personal email) for items purchased from the Licensee, or the purchase is free.

However, customers may reserve the right to elect not to receive any form of a receipt for purchases which shall void the ability to obtain a free purchase. (See requirement below to post the appropriate sign.) The Licensee’s point of sale equipment or system shall accept, at a minimum, cash, Visa, MasterCard, and debit card payments from customers. Credit card fees/debit card fees (e.g. Visa/Mastercard) are prohibited from being passed on/assessed to customer purchases. If Licensee requires a minimum purchase for credit card purchases, the minimum value cannot exceed $10.00. Licensee shall display signage at the register to state its minimum purchase policy.

b. Customer Complaints. Patrons are encouraged to use the Interactive Customer Evaluation

(ICE) surveys as a means to express their concerns. ICE is located on the following website:

http://ice.disa.mil and the information will be found by clicking on “OSD, Agencies & Activities – CONUS,” then clicking “Pentagon, Virginia,” and then finally by clicking “Shopping & Services.” Upon receipt of customer comments, the Contracting Officer shall submit ICE comments to the Licensee's management representative via e-mail. The Licensee shall address all ICE comments and return them to the Contracting Officer within forty-eight

(48) hours. Patron complaints shall be disposed of by agreement between the patron and the Licensee. Any unresolved complaints shall be adjudicated by the Contracting Officer and his/her decision shall be binding upon the Licensee.

c. Gratuities in the form of tips or other monetary awards are not to be solicited from customers.

The use of tip jars, tip cups or other money gathering vehicles placed within customer contact areas is prohibited.

d. The Licensee is responsible for obtaining a business license issued by the City of Alexandria, Virginia on an annual basis (calendar year) during performance under this License Agreement.

Upon receipt, copies shall be provided to the Contracting Officer.

6. Employees

a. The Licensee shall furnish and train, at its own expense, a sufficient number of qualified employees and onsite supervision to provide courteous, professional and prompt service to patrons on a continuous basis during established hours of operation. The Licensee shall provide the Contracting Officer with the names and phone numbers of designated managers in charge of the concession operation.

b. Passes. The Licensee and its employees shall be responsible for obtaining all required building passes and permits and for compliance with Mark Center regulations pertaining to Mark Center access. A point of contact within the DoDCC Administrative Office will be assigned to coordinate the application process for building access with the Licensee. The Licensee must http://ice.disa.mil/

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2023-R-0001 15 of 53 Name of Offeror or Licensee | License Agreement Title confiscate and immediately turn in to the Contracting Officer the building passes of any employees who are terminated or whose building passes have been revoked. Where the Department of Defense imposes a requirement for background investigations, security checks, or other similar reviews of Licensee employees, the Licensee is responsible for payment of any associated costs. Such reviews have typically not been charged for, but when they are, the cost has not typically exceeded $25 per employee.

c. Routine Access. Routine access for Mark Center workers is from 6:00 a.m. to 6:00 p.m., regular business days. However, access may be granted upon request for certain key staff members to have routine after-hours access. Other staff members may be given access on an as needed basis with advance notice, usually forty-eight (48) hours. Store managers are typically the only store personnel eligible for escort privileges and may escort up to three persons at a time. This policy is subject to change at the discretion of PBMO and PFPA. Store managers typically use this option for escorting visitors, brand representatives, etc.

d. Non-Routine Access. Licensee employees that do not visit the Mark Center regularly enough to need a badge may be placed on the Visitor’s Access Roster. Regular/routine visitors are defined as those coming into the Mark Center a minimum of three days per week. To be placed on the Visitor’s Access Roster, the following information must be provided to the DoDCC Office for submission to PFPA no less than one week prior to employee(s) arrival: name, social security number, and date and place of birth. Upon arrival, employees will be granted badges.

Visitor Access Roster privileges last for six (6) months at a time and are subject to change at the discretion of PBMO and PFPA.

e. Parking Permits. One parking permit will be provided to the Licensee. Licensee’s employees are required to use other modes of transportation such as rail, metro, carpool, etc., as a means of getting to work.

f. Appearance. While in the Mark Center, the Licensee, subcontractors and all employees shall wear appropriate attire, be clean and well groomed, and present a neat and clean appearance in accordance with the Licensee’s dress code policy. Customer contact employees shall wear uniforms, as approved by the Contracting Officer, of the same style as those worn by employees in the Licensee's commercial operations. Uniform styles shall be subject to the approval of the Contracting Officer. Uniform samples are to be included a part of proposal submissions.

g. Fire training. All Licensee employees shall complete training provided by the Mark Center Fire

Marshal’s office.

7. Retail Merchandise and Products

a. Retail Merchandise and products shall include seasonal and brand specific items.

b. Retail prices shall be less than or equal to the prices charged at the Licensee’s locations on military or Government installations. If there are no such locations, Licensee shall have its Mark Center store’s retail prices less than or equal to the prices charged at its commercial facilities in the local trading area. The local trading area is defined as that area within ten (10) miles of the Mark Center. If there are no such Licensee operated commercial facilities in the

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2023-R-0001 16 of 53 Name of Offeror or Licensee | License Agreement Title local trading area, a list of comparable commercial operations will be provided by the offeror and their pricing will become the basis for determining acceptability of initial requested price proposals and requested price increases. After License Agreement award, Licensee requested price changes must be submitted in writing to the Contracting Officer for approval at least fourteen (14) calendar days prior to the desired implementation date, and in any event, such changes shall not be made without the Contracting Officer’s approval which will not unduly be withheld.

8. Signs and Forms

a. Signs. The Licensee shall furnish approved signs and promotional material, at no cost to the DoDCC, which shall be the same as those in any of the Licensee’s commercial operations. All signs and all promotional material shall be subject to review and approval by the Contracting Officer before being displayed. No branding or logo (signage) is permitted on the exterior walls. No branding or logo materials shall be applied to any window glass.

b. All store signage must be approved through the Mark Center Building Management Office and shall be authorized to be posted where permitted.

c. Forms. The Licensee shall provide all forms necessary for its operation.

d. The DoDCC shall furnish and the Licensee shall display signage that states: “If a Cash Receipt or Proxy Receipt is Not Offered, Your Purchase is Free. Customers may choose not to receive any type of receipt and as such waive the ability for purchases to be free for failure to receive a receipt.”

e. Periodically displaced signage advertising special promotions or cling-type professionally produced “life-style” decals intended to be a part of the overall shopping experience may be authorized, subject to the review and approval of the Contracting Officer.

9. Advertising and Promotional Events

a. The Licensee shall not represent in any manner, expressed or implied, that the products or services purchased and sold herein are approved or endorsed by any element of the United States Government. Any advertisement by the Licensee, including price-off coupons, which apply solely to the Mark Center shall contain the following statement:

"This advertisement was not paid for, in whole or in part, by the Department of Defense, Mark Center, or the DoDCC. This advertisement does not constitute endorsement by the DoDCC, Department of Defense, Mark Center, or the U.S.

Government of the products or services advertised."

b. Licensee is not authorized to create a website to sell those services or retail items being sold in the Mark Center without the express written approval of the Contracting Officer.

Should a website be authorized, the DoDCC is entitled to the same percentage of commission payable under this License Agreement for all Internet sales attributable to

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Mark Center patrons whose interest in the Licensee’s product line and services originated in the Mark Center.

c. Licensee shall ensure Mark Center customers are afforded the same promotions offered to all of its other patrons (e.g., as advertised on the Internet, Licensee’s website, commercials (tv and radio)).

d. The Licensee may be called upon to provide professional artist renderings of the approved concept.

e. Licensee is permitted to email customers flyers, sales information, and newsletters.

Licensee must send email communication to customers’ personal email accounts.

Distribution of any promotional information or communication to Government email addresses is strictly prohibited.

f. The DoDCC has locations available for placing 24”x36” posters in high-traffic areas.

Marketing opportunities also include half sheet (from an 8.5”x11.0” sheet of paper) flyers on food…