DoDCC RFP DoDCC-2025-R-0001 Retail Baked Goods The Pentagon.pdf

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

DEPARTMENT OF DEFENSE CONCESSIONS COMMITTEE

June 18, 2025

Company Name Attn:

Address City, State Zip Code

Subject: Request for Proposals (RFP) #DoDCC-2025-R-0001 –Retail Baked Goods

Store, The Pentagon, Arlington, VA

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.

Retail partners of the DoDCC currently operating within the Pentagon include: CVS, AT&T, The Lynch Collection, Greensleeves Florist, The Original Velatis Caramel Company, Lumos Jewelers, Fort America, New York Tailors laundry/dry cleaning, and more.

The DoDCC is soliciting proposals to establish an agreement with one (1) firm to operate and manage a retail baked goods store that offers pre-packaged items in Room 2C115 in the Pentagon, Arlington, Virginia. A copy of the solicitation is enclosed for your consideration.

Prospective offerors are urged to schedule site visits at any time after the preproposal conference, which is scheduled for Monday, July 21, 2025 as stated in the RFP. Offerors interested in attending the preproposal conference must RSVP no later than close of business on July 7, 2025. 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 August 8, 2025. Any questions prospective offerors would like to have addressed must be submitted to Ms. Shelley Driver no later than close of business on August 8, 2025 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, August 22, 2025 at the address below:

Department of Defense Concessions Committee (DoDCC)

Attn: Ms. Gail Lee, RE: Retail Baked Goods Store 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 mailto:shelley.a.driver.naf@mail.mil

Request for Proposals/Proposal Acceptance Page 1 of 57 Issued by:

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

Date Request Issued:

June 18, 2025

Request for Proposal Number:

DoDCC-2025-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 August 22, 2025.

For Information Call:

Name of Person to Call:

Phone Number:

SCHEDULE

Item No. Supplies / Services Amount

Retail Baked Goods Store, The Pentagon, Arlington, Virginia

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-2025-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, Retail Baked Goods Store, The Pentagon, Arlington

Room 5B843, The Pentagon Washington, DC 20301

REF NO: DoDCC-2025-R-0001 Retail Baked Goods Store, The Pentagon, Arlington, VA , Pentagon CLOSING: 2:00 PM Eastern, August 22, 2025

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CONTINUATION SHEET DoDCC-2025-R-0001 3 of 57 Name of Offeror or Licensee License Agreement Title

Retail Baked Goods Store, The Pentagon

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 retail prepackaged baked goods store only featuring pre-packaged items, party and gift packages and associated retail items Room 2C115 in the Pentagon. Other food concessionaires operate complementary retail services but will not compete with this store. There is no kitchen space or ability to manufacture the retail baked goods on-site. The successful Licensee shall operate and manage the retail baked goods store and provide all necessary fixtures, equipment, retail products, merchandise, supplies, etc., to operate and maintain the facility and as further defined in Section C. herein. The finishes within the spaces may be changed by the successful Licensee at its sole expense. No structural changes may be made. The specific finishes are to be procured, installed and maintained by the successful Licensee and shall be approved by the DoDCC Contracting Officer.

b. The space in which the successful Licensee shall operate is identified in Attachment 1 (provided upon request through DoD SAFE). Such requests shall be submitted to Ms. Shelley Driver at shelley.a.driver.naf@mail.mil. The space is approximately 1,156 sq. feet and is identified as Room 2C115 in the .PDF drawings provided as Attachment 1. The space allocation is subject to change at the discretion of the Washington Headquarters Services Facilities Services Directorate, the Pentagon building authorities in charge of physical space allocation and/or the DoDCC.

c. Interested offerors submitting plans as part of proposals in response to this Request for Proposal (RFP) must provide conceptual drawings in as much detail as possible. The details of requirements are provided in Section F.5. herein.

d. The allocated space may be configured by the successful Licensee to maximize sales performance. The successful Licensee will be expected to manage and operate the retail baked goods store using equipment and store fixtures consistent with the retail products to be offered.

The anticipated opening date for this concession is March 2026, or sooner. The space is currently being operated as an AT&T store. The AT&T store will close at the expiration of its License Agreement period of performance, or October 14, 2025.

e. The retail baked goods store will be located in Room 2C115, which is located in the Pentagon’s retail and services shopping area known as the Concourse. Attachment 3 provides overviews of the Pentagon Concourse. Room 2C115 is highlighted, which is the space allocated for the retail baked goods store. The Concourse is comprised of approximately 75,000 square feet and is the main location of retail and service concession providers as well as five short term rover concession spaces that rotate on a weekly and bi-weekly basis offering short-term retail spaces for sales of merchandise and commercial services that compliment but do not compete with the long term retail concessionaires. Also contained in the Concourse are services such as the U.S.

Post Office, Hall of Heroes ceremonial space, banking facilities, and more. The Concourse is the crossroads of daily Pentagon foot traffic and social activity because it is located at the main entrance to the building. This main entrance is used by employees and visitors entering and leaving the Pentagon by bus, Metro, personal transportation, shuttle service, and taxi.

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Approximately 26,000 military and civilian employees and about 3,000 non-Defense support personnel work at the Pentagon. Approximately 60% of those entering the Pentagon enter through this main entrance on any given business day.

f. The Pentagon Concourse is not open to the general public. Access is granted only to those persons already authorized access to the Pentagon. All those either working in or visiting the Pentagon have authorization to shop without limitation in any of the retail stores. The only exception is for those attending official Pentagon tours. The retail stores are not covered by the official tours, and no time is given to those on the tours to walk around and visit the shops or food concessions. Attachment 4 provides the retail and food service directory for the DoDCC retail, food and personalized services concessionaires currently operating in the Pentagon.

g. Room 2C115 is a prominent location and contains a large amount of square footage, so the interior designs and décor proposed for the retail offering will be important. The allocated space, Room 2C115, shall be configured by the successful offeror to maximize services and sales performance while maintaining an aesthetically pleasing space. The interior design and décor should be aesthetically pleasing and utilize the same type of furniture, equipment, etc. that would be typically found in a retail baked goods store.

h. The DoDCC makes no warranty, express or implied, of actual sales to be realized from this License Agreement. Sales history for total Pentagon retail and food operations from 2021 to 2024 is provided in Attachment 2 and is only an estimate. It is the responsibility of offerors to determine the projected estimated sales.

2. General Information

a. The DoDCC is a nonappropriated fund activity within the Department of Defense (DoD) established in accordance with DoD Instruction 4105.67 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 under DoD Administrative Instruction 115, “DoD Concessions Committee” (dated August 13, 2014, Incorporating Change February 11, 2022). The Federal Acquisition Regulation (FAR) does not apply to DoDCC procurements.

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

i. The Pentagon Reservation and its retail and food operations are typically 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 Pentagon Reservation workforce/building may be closed when the President of the United States issues an Executive Order designating a holiday to Federal employees.

ii. Closures or delays in opening or closing the store due to weather events, local emergencies, or other similar disruptions that cause Government facility closings will be in accordance with the Office of Personnel Management’s (OPM) Government-wide Dismissal and Closure procedures and guidance issued for the Washington, DC area. It

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CONTINUATION SHEET DoDCC-2025-R-0001 5 of 57 is the Licensee’s responsibility to monitor and comply with the OPM website for guidance on the current operating status for the Washington, DC area. Information regarding the current status for federal agencies in the Washington, DC area can be found at: https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/current-status/.

3. Definitions

a. The term “DoDCC or Committee” means the non-appropriated fund activity established under DoD Administrative Instruction 115, “DoD Concessions Committee” (dated August 13, 2014, Incorporating Change February 11, 2022). DoD AI 115 outlines persons directed or authorized by the Committee to function on its behalf and to carry out its policies and directives (such as the Director, Business Enterprise Group and contracting officer).

b. The DoDCC is responsible for providing quality food, retail services, and other appropriate amenities at fair and competitive prices for WHS-serviced Components within the Pentagon Reservation and other designated spaces in the National Capital Region (NCR).

c. “Contracting Officer” means the person executing or administering this License Agreement on behalf of the nonappropriated fund which is a party hereto, or her successor or successors. Only Contracting Officers may waive or change terms and conditions of the License Agreement including imposing additional contract requirements; issuing cure notices, show-cause notices, and termination notices;

issuing claims against Licensee, and issuing final decisions on Licensee’s claims and of the License Agreement. The Contracting Officer may authorize other DoDCC officials to perform actions of an administrative nature, such as conducting inspections and audits.

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 awarded this License Agreement to operate the retail baked goods store.

f. License. By the DoDCC’s acceptance of an offer made hereunder, the DoDCC grants a nonexclusive, revocable license (“the Agreement”) for a retail baked goods 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 space described in this Agreement. 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.

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CONTINUATION SHEET DoDCC-2025-R-0001 6 of 57

g. “Net Sales” are defined to be gross sales (including Internet sales) minus returns (only for sales originally made in the Pentagon 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 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 retail baked goods store shall expire five (5) years after the Licensee first opens for business.

5. Renewals/Options

The period of performance for the retail baked goods store 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 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 a period equal to 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’s receipt of Pentagon 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 questions regarding the process, please contact the DoDCC Administrative Assistants, Ms. Wendy Adams or Ms. Sakethia Dunmore at (703) 695-2295.

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7. Persons Authorized to Conduct Negotiations/Signatories

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

E-Mail Address

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B. Supplies, Services, Prices, Commissions and Costs

1. General

The Licensee and any subcontractors 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 retail baked goods store in accordance with its company standards, industry 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 to include adherence to the Tri-Service Food Code (TSFC). The TSFC is available online at;

https://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/ARN15052_TB_MED_530_FINAL .pdf

2. Financial Proposal / Licensee Fee

The Licensee shall not be required to pay rent for spaces used. In lieu of rent for the spaces used in Pentagon Reservation, the firm awarded this License Agreement shall pay a monthly fee to the DoDCC which will be a percentage of all net sales generated from the Pentagon Reservation in the form of a commission payment. Commission payments are due on all net sales transactions. 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. For payments due on a weekend or holiday, Licensee shall remit payments on the next business day. 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 $10,000. 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 Licensee at the time of License Agreement award. The $10,000 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 terminate at any time during the initial five-year (5-year) period of performance, the $10,000 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 $10,000 surety payment, inclusive of any accrued interest, as adequate surety acceptable to the DoDCC and Contracting Officer for any subsequent pe-riod of performance exercised under this License Agreement. If so retained, the $10,000 surety pay-

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CONTINUATION SHEET DoDCC-2025-R-0001 9 of 57 ment, inclusive of any accrued interest, shall be returned to the Licensee within thirty (30) calendar 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.

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 Pentagon resides in the county of Arlington 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 Pentagon 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, electric and water, required for operation of the retail baked goods store at the Pentagon will be provided to the Licensee free of charge, except local and long distance telephone service or WiFi service 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 own internet service. The DoDCC can advise on the current availability of service providers. The service delivery address options are: Pentagon: 5607 Army Pentagon, Room 1B488, Washington, DC 20310 or 1 Pentagon Building, Room 1B488, Arlington, VA 22202;

c. Customized cable TV is available for an annual fee of $200.00 (based on FY20), per television, which is paid once a year to the Joint Service Provider (JSP) – Defense Information Systems Agency (DISA). The cable service is customized to the Pentagon. However, the cost is subject to change at the discretion of the Government.

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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. The DoDCC expects the Licensee to operate, manage and maintain the retail store in accordance with applicable Pentagon Reservation policies and local, state, and federal regulations and laws.

2. Scope of Work

It is the desire of the DoDCC to partner with a firm capable of offering a retail baked goods store offering a broad merchandise selection of pre-packaged items, party and gift packages and associated other retail items.

There is no kitchen space or ability to manufacture the retail baked goods on-site. The space has not been outfitted as an on-site production facility nor can alterations be made to have it become an on-site production facility.

For Products to Be Sold:

-All pre-packaged items shall be prepared at Licensee’s commissary/off-site production facility, packaged and delivered to the Pentagon for sale.

-All items for sale must be prepared from ingredients that have been obtained from sources approved by the U.S. Department of Agriculture (USDA) and as detailed herein in this License Agreement.

-All items shall be marked to annotate allergens that may be included (e.g., nuts, gluten, etc.).

-All items shall be marked with expiration, sell by or best by dates as required by the type of product.

Licensee must follow the Tri-Service Food Code (TSFC), copy available at;

https://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/ARN15052_TB_MED_530_FINAL .pdf Food Managers must have proper training, per TSFC, section 2-102.20 Food sources must comply with the TSFC, section 3-201.11.

Certain foods are prohibited at the Pentagon Reservation. All foods served at the

Pentagon Reservation must comply with TSFC, section 3-201-16.

Toxins must be stored securely per TSFC, section 7-301.11.

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Pesticide use at the Pentagon Reservation is controlled by the WHS/FSD/Facilities Operations and Services Division (FOSD). Any pesticide and/or rodent control actions must be coordinated with the FOSD.

A printed nutritional guide listing all products sold must be available for customers upon request. The availability of the guide must be made known within the store and be conspicuously placed.

The Licensee shall not be permitted to sell sandwiches or donuts as those items are offered by the DoDCC’s food concessionaires currently operating in the Pentagon. The Licensee shall sell retail baked good items that complement but do not compete with the food concessionaires.

The Licensee will not be authorized to sell under the terms of this License Agreement any items currently provided by existing DoDCC concessionaires including merchandise typically found in a florist store; convenience foods or snacks packaged and mass distributed by big national prepackaged brands such as Hostess, Tastykake, etc. typically sold in CVS or the Business Opportunities for the Blind (BoB) stands or vending machines; merchandise typically found in a national chain drug store with a full-service pharmacy; jewelry, including watches/timepieces;

men’s and women’s clothing; dental office and gourmet or handmade chocolates and bulk candy. Note: BoB stands are covered by 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 and services.

3. Facility

a. The Pentagon has funded and constructed the spaces described herein with finishes as described at Attachment (1). The Licensee shall not be permitted to implement facility improvements without prior written approval of the Contracting Officer. Any facility improvements, includ-ing finishes, are the responsibility of the Licensee. Any changes, upgrades or alterations to fin-ishes contemplated by the Licensee during the course of the License Agreement, must be ap-proved by the Contracting Officer.

b. Construction is defined as any changes to the spaces 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 2C115 in the Pentagon.

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 5 of the RFP).

e. Modifications to the spaces in the areas of electrical, IT, interior walls and finishes are permit-ted and must receive prior written approval of the Contracting Officer. No changes to the loca-tion of perimeter walls or entrances may be made.

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f. Standard 120v electrical service is provided in the space. Modification of the electrical system will require prior written approval and coordination with the Pentagon Building Management Office (PBMO). 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 and must receive prior written approval of the Contracting Officer and/or

PBMO.

h. Changes in the ceiling height is restricted to the physical constraints above the current finished ceilings, utilities and other infrastructure located in the plenum, etc. The process and review of any ceiling height changes shall be discussed with the Licensee.

i. A building standard aluminum roll-up gate with Lexan inserts and lock is provided.

j. Keys. Two keys to the space, Room 2C115 and one key to the trash room will be provided to the Licensee after License Agreement award.

k. Self Propelled Vehicles (SPVs) are available for Licensee use on the Pentagon Reservation.

The Licensee shall be subject to the rules and regulations that govern the use of SPVs, including Pentagon training/certification requirements on the proper use and maintenance of SPVs. Addi-tional details on training requirements will be provided to the Licensee after award.

l. Any proposed new light fixtures are required to be supported independently from the ceiling grid, either from the concrete deck above or some other support structure anchored by the con-crete deck above.

m. The use of security systems (e.g., perimeter, motion detectors, cameras, panic buttons, etc.) is restricted 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 (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.

n. No photographs may be taken at the Pentagon without authorization from the Pentagon Force Protection Agency (PFPA). Photography permits can be requested through the Contracting Of-ficer via the process described in Section 10. below.

o. 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. The Licensee must comply with the following documents: The WHS Building Code 2024 Edition dated January 2, 2024 (identified as Attachment 5 and is available upon request); the WHS Building Code Adoption Memo dated December 28, 2023 (identified as Attachment 6 and is available upon request); WHS Fire Regulations Adoption Memo, 2025 Edition (identified as Attachment 7 and is available upon request); WHS Fire Regulations, 2025 Edition (identified as Attachment 8 and available upon request); and WHS FR, WHSBC Proposed Code Changes (identified as Attachment 9 and available upon request).

p. Licensee’s facilities must comply with the Americans with Disabilities Act (ADA).

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q. Licensee, its subcontractors, and employees shall abide by 32 C.F.R. 234, which governs Con-duct on the Pentagon Reservation as well as applicable Federal, State and local laws.

r. At expiration of the initial License Agreement period and any subsequent renewal periods, de-cor upgrades to customer areas, equipment replacement or replacement of worn Licensee fur-nished items including but not limited to: furniture, retail fixtures, equipment, etc., may be re-quired as a condition for the DoDCC’s agreement to renew this License Agreement. Discus-sions for any such required Licensee investments shall commence approximately one-hundred eighty (180) calendar days prior to the expiration of the initial contract period and any subse-quent renewal periods.

s. Equipment, Furniture and Fixtures

(1) Any equipment, equipment modifications and finished 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 Pentagon, WHS/FSD/SCD, OSHB office as identified by the Contracting Officer.

(3) Licensee’s proposed use of IT data transmission equipment/architecture is subject to review and approval by Pentagon IT Governance regulations and policy. Approvals take approximately two (2) to four (4) weeks and must be granted and obtained before installation.

(4) The building fire suppression systems in Pentagon spaces is maintained and tested by the Washington Headquarters Services, Facilities Services Directorate, Office of the Pentagon Fire Marshal. Inspection and maintenance of fire extinguishers in the Licensee’s operated spaces is the Licensee’s responsibility. The Washington Headquarters Services, Facilities Services Directorate, Office of the Pentagon Fire Marshal also reserves the right to conduct biannual inspections on the fire suppression systems.

t. Title to Buildings or Structural Improvements

(1) At all times relevant to this Agreement, title to all buildings and structural improvements shall remain in 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. Logos authorized and installed as a part of the retail store designs in areas such as flooring, walls, etc., shall 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

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CONTINUATION SHEET DoDCC-2025-R-0001 14 of 57 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.

u. 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.

v. Unless otherwise specifically provided herein, the Licensee shall comply with applicable Federal and local codes and regulations which pertain to the store described herein, 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 DoDCC shall bear any associated expenses.

4. Equipment / Other items

a. The Licensee shall be required to furnish all items necessary to provide the retail store hereunder. These required items include, but are not necessarily limited to:

Cabinets Countertops Décor* Shelves Point of Sale systems / equipment Phone System Computer / Ordering systems / equipment Cleaning Equipment Carpet Cleaning Equipment** Cleaning Supplies Display Cases Retail Fixtures

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

b. Government Furnished Equipment (GFE):

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

c. Cleaning Responsibilities:

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CONTINUATION SHEET DoDCC-2025-R-0001 15 of 57

(1) The Licensee shall be responsible for cleaning and maintaining the space. The Licensee shall implement procedures to ensure the facility is routinely cleaned throughout the operating day and complete cleanings are done before the facility is secured each day. A trash compactor room will be located on the Concourse. There is no charge to the Licensee for this service. In addition, the Licensee is responsible for transporting trash (e.g., packaging, cardboard, etc.) to the Remote Delivery Facility (RDF). Trash removal service may be accomplished directly, or the Licensee may contract with a firm that performs this service for other DoDCC concession providers. All construction debris is required to be disposed of at the RDF by the Licensee’s General Contractor and any subcontractors.

Portable dumpsters are required to be provided by the Licensee’s General Contractor for this purpose.

(2) The facilities and immediate premises may be inspected at any time by any Standards & Compliance Division offices of the Facilities Services Directorate and/or the Occupational Safety and Health Branch (OSHB) on a regular basis in accordance with the Tri-Service Food Code, NAVMED P-5010-1. 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 any inspection report. Licensee’s failure to respond and remediate any noted deficiencies or problems as required may be grounds for contract termination for cause.

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. Core hours may change to situations outside of the DoDCC’s control. 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 in writing to the Contracting Officer prior to implementation, and must be approved in sufficient time to allow for a posted two-week advance notice to customers.

(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 forty-eight hours (48 hours) 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 receipt for purchases which shall void the ability to obtain a free purchase when a receipt is not provided. (See requirement below to post the appropriate sign.) The Licensee’s point of sale equipment / 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. Licensee shall use

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CONTINUATION SHEET DoDCC-2025-R-0001 16 of 57 industry-standard safeguarding measures to protect customer information. If Licensee requires a minimum purchase for credit card purchases, the minimum value cannot exceed $10.00. Licensee shall display signage at the registers to state its minimum purchase policy.

(4) Licensee’s return policy shall be as proposed, accepted and incorporated into the License Agreement at award.

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

(ICE) surveys as a means to express their concerns and rate their experience with services received in a DoD facility. 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. Customer complaints shall be resolved of by agreement between the Customer 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 containers to deposit tips or gratuities placed within customer contact areas is strictly prohibited.

d. The Licensee is responsible for obtaining a business license issued by Arlington County on an annual basis (calendar year) during performance under this License Agreement. Upon receipt, copies shall be provided to the Contracting Officer.

e. The Licensee is responsible for providing to the DoDCC copies of the sanitation inspection reports and facility inspection reports and permits for the facilities that produce its retail baked goods on an annual basis, or as they are performed/provided to the Licensee from the designated organization (e.g., city, county, state, etc.).

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 customers 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 services and store.

b. CONDUCT OF CONTRACTOR EMPLOYEES - The Licensee shall be responsible for maintaining satisfactory standards of employee competency, conduct, and integrity and shall be responsible for taking such disciplinary action with respect to its employees as may be necessary to ensure satisfactory contract performance consistent with performance standards.

The Contracting Officer may require the Licensee to remove from the job site any employee for reasons of misconduct, security, or suspected or found to be under the influence of alcohol, drugs, or other incapacitating agent(s). In the event the Licensee fails to remove any employee

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CONTINUATION SHEET DoDCC-2025-R-0001 17 of 57 from the contract work whom the Contracting Officer or the Contracting Officer's designated representative deems incompetent, careless, insubordinate, unfit, objectionable or whose continued employment on the work is deemed by the Government to be detrimental to the Government's mission, the Contracting Officer or the Contracting Officer's designated representative may require, in writing, the Licensee to remove the employee from work under this License Agreement and any other License Agreement awarded to the Licensee by the DoDCC. The Licensee must then remove the employee from the site and from all work under the License Agreement or task order.

c. DoD BUILDING PASS ISSUANCE

(a) All personnel employed by a civilian commercial firm to perform work whose activity at any time requires passage into Government-occupied portions of the Pentagon or any other DoD facility on or off the Pentagon Reservation, shall be required to obtain a Temporary Department of Defense (DoD) Building Pass/Access Card.

(b) The Licensee shall be responsible for having each employee requiring a Temporary DoD Build-ing Pass/Access Card prepare the necessary applications, advising personnel of their obligations, fil-ing the applications with the Contracting Officer, maintaining personnel files and re-filing applica-tions for personnel in the event that clearances must later be extended. Personnel requiring a Tempo-rary DoD Building Pass/Access Card must be either a citizen of the United States of America (USA) or a foreign national authorized to work in the USA under federal immigration and naturalization laws.

(c) The Government will issue DoD building passes to eligible persons upon the completion of a Na-tional Criminal Information Check (NCIC) or National Agency Check (NAC). This is a search of the nationwide computerized information system established as a service to all criminal justice agencies.

Processing of completed applications for initial pass issuance or renewal of existing passes will re-quire three to five working days. Licensee employees will be given a pass for the period of perfor-mance of the License Agreement, not to exceed one year.

(d) Personnel whose activity does not require them to enter the Pentagon or other access-controlled areas, or whose activity within the Pentagon is limited to construction areas prior to the stripping of structural concrete formwork, will not be required to obtain a Pentagon Building Pass. However, they shall display at all times while on the Pentagon Reservation an approved identification badge as de-scribed above in the paragraph entitled “Identification of Employees”. Personnel whose activity within the Pentagon follows the stripping of structural concrete formwork shall be required to obtain a Temporary DoD Building Pass/Access Card.

d. Passes. The Licensee and its employees shall be responsible for obtaining all required building passes and permits and for compliance with Pentagon regulations and policies pertaining to Pentagon 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 confiscate and immediately turn into 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

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CONTINUATION SHEET…