Issued_Fresh_Fruit_and_Fresh_Produce_Delivery_Service_Concession_RFP_dtd_14_May_2018_for_FedBizOpps.pdf

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2018-R-0002 3 of 40 Name of Offeror or Licensee | License Agreement Title

Fresh Fruit/Fresh Produce Delivery Service Concession

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 operate and manage a fresh fruit or fresh fruit and fresh produce delivery service on an “as ordered” basis to various offices and customers throughout the Pentagon Reservation. The successful offeror shall provide any and all supplies and equipment needed to operate and maintain the service, including but not limited to, items such as merchandise, POS equipment, setting up and managing of accounts, etc. (See Section C.4., contained herein, for a more complete list.).

b. The anticipated opening date for this service is September 2018 or sooner.

c. The DoDCC makes no warranty, express or implied, of actual sales to be realized from this

Agreement. It is the responsibility of offerors to determine the projected estimated sales for the fresh fruit or fresh fruit and fresh produce delivery service concession.

d. The Pentagon presently houses approximately 26,000 military and civilian employees and about 3,000 non-defense support personnel.

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 and the Pentagon Reservation.

b. Hours of Operation: The Licensee will operate its delivery concession between the core hours of 8:00 a.m. and 5:00 p.m., Mondays through Fridays, with the exception of the Federal Holidays identified below:

i. The Pentagon workforce/building is closed for all Federal Holidays which include New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day and Christmas Day. Additionally, the Pentagon 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, etc.).

ii. Closures/delays in the delivery concession 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 term “DoDCC or Committee” means the nonappropriated fund activity established under the

Department of Defense Directive 5120.18 and the Committee’s Contracting Officer, Director, https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/current-status/ https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/current-status/

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2018-R-0002 4 of 40 Name of Offeror or Licensee | License Agreement Title

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 and food services within the Pentagon, as described above. For purposes of this Agreement, "DoDCC”, “Pentagon”, and “Committee” are used interchangeably.

c. “Contracting Officer” means the person executing or administering this contract 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 a delivery service 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 concession 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 Pentagon store), employee discounts, coupons, over rings and all applicable taxes.

h. The term “Pentagon Reservation” means that area of land (consisting of approximately 280 acres) and improvements thereon located in Arlington, Virginia, on which the Pentagon Office Building, the Pentagon heating and sewage treatment plants and other related facilities are located, including various areas designated for the parking of vehicles, 10 U.S.C. §2674(f)(1).

i. Improvements are defined as buildings, structures, fixtures, equipment and other improvements affixed to or resting upon Government property assigned for use for the purposes herein.

j. The term “concession income” is also referred to as “commission payment” and/or “sales commission” and is defined as the DoDCC’s agreed upon percentage of sales payable by the Licensee to the DoDCC. (See paragraph B.2.)

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2018-R-0002 5 of 40 Name of Offeror or Licensee | License Agreement Title

4. Period of Performance

The initial period of performance for this concession shall expire two (2) years after the Licensee first opens the concession for business.

5. Renewals/Options

The period of performance for this concession may be renewed for three (3) additional periods of one (1) year 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 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 Pentagon (prior to Licensee 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 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 on their behalf:

Name

Title

Telephone Number

Fax Number

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

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2018-R-0002 6 of 40 Name of Offeror or Licensee | License Agreement Title

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 fresh fruit or fresh fruit and produce delivery concession on an “as ordered” basis described, in accordance with its company standards and the specifications of this Agreement. These standards shall include design, decor, equipment, service technique 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 of sales (e.g., flat fee, sliding scale, etc.) from those sales 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.

The DoDCC is not permitted to disclose the DoDCC’s current concessionaires’ commission percentages paid under their License Agreements. Concession income fees (commissions) vary based on items sold and/or the services rendered by the concessionaires.

Upon award of this License, no later than thirty (30) calendar days after contract award and before performance begins, the Licensee shall furnish to the Contracting Officer via Electronic Wire Trans-fer (EFT), the amount of $2,000. The DoDCC shall establish a Certificate of Deposit at Bank of America as adequate surety acceptable to the DoDCC and Contracting Officer to assure the perfor-mance of the terms of this Agreement. The specific details will be provided to the successful offeror at the time of contract award. The $2,000 surety payment, inclusive of any accrued interest, shall be returned to the Licensee within thirty (30) calendar days of the end of the initial two-year (2-year) pe-riod of performance. However, should the Licensee’s period of performance culminate at the end of the initial two-year (2-year) period of performance, the $2,000 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 $2,000 surety payment, inclusive of any accrued interest, as adequate surety acceptable to the DoDCC and Contracting Of-ficer to assure the performance terms of any subsequent period of performance under this contract. If so retained, the $2,000 surety payment, inclusive of any accrued interest, shall be returned to the Li-censee 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

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2018-R-0002 7 of 40 Name of Offeror or Licensee | License Agreement Title commission payments and any other outstanding obligations accrued in the performance of the agreement.

The commission payment established in this Agreement, and in any subsequent renewal, shall remain firm for the period of the 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 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 Agreement award or renewal. However, no adjustment of commission will be made during the last ninety (90) calendar days of any 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 Agreement. The Licensee will not be reimbursed by the DoDCC for any direct or indirect tax imposed on the Licensee by reason of this 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.

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2018-R-0002 8 of 40 Name of Offeror or Licensee | License Agreement Title

C. Description, Specification, Work Statements

1. General

Except as otherwise provided in this 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

It is the desire of the DoDCC to partner with a fresh fruit or fresh fruit and produce provider capable of offering a delivery service on an “as ordered” basis to various offices and customers throughout the Pentagon Reservation. Licensee shall offer weekly and bi-weekly and recurring delivery options. Licensee shall offer assorted fresh fruit or fresh fruit and fresh produce trays, boxes, etc. to customers. Licensee may also offer bulk fresh fruit or fresh fruit and fresh produce and/or gift boxed items (e.g., fresh fruit, fresh produce, nuts, dried fruit, etc.), for delivery. Licensee shall offer and charge the prices contained in the approved product and price list incorporated herein after License Agreement award as Attachment 1.

Licensee shall create and manage an online website for Pentagon customers and offices to utilize for ordering, managing and scheduling deliveries. Licensee shall offer Pentagon customers and offices the ability to skip/suspend deliveries, etc.

Licensee shall provide product guarantees, replacement or refund policies for spoiled or damaged items, etc.

Licensee is solely responsible for setting up and managing the accounts for Pentagon customers and offices. Licensee will not be permitted to use Pentagon customers and/or offices’ official email addresses for marketing, scheduling, etc. Licensee must use customers’ personal email addresses.

Licensee shall not be permitted to use the USPS, FedEx, or UPS for delivery of the products under this License Agreement.

Prices charged the Pentagon offices and customers must be less than or equal to pricing charged at other Federal Buildings within a ten (10) mile radius of the Pentagon. Licensee is NOT authorized to charge Pentagon offices or customers any additional surcharges for fuel, transportation, etc., or delivery fees.

The Licensee shall submit updated account listings for DoDCC review on a bi-annual basis, on January 31st and July 31st of each year of performance (during the base period of performance and for any and all exercised option periods). Upon DoDCC review of the accounts serviced under the License Agreement, the Licensee shall make all necessary corrections, price

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2018-R-0002 9 of 40 Name of Offeror or Licensee | License Agreement Title adjustments, etc., to the account listings within thirty (30) calendar days of notification from the DoDCC.

The Licensee will not be authorized to sell under the terms of this Agreement any items currently provided by existing DoDCC concessionaires including merchandise typically found in a national chain drug store; merchandise typically found in a florist store; convenience food or snacks; financial services; hair care; prescription eyewear; luggage, handbags, computer bags, backpacks, wallets, or personal leather goods; gourmet or handmade chocolates and bulk candy; and military memorabilia depicting any DoD agency or its logo, the Pentagon, or any Washington, D.C. landmarks/tourist spots, etc. This list is subject to change at the DoDCC’s discretion, dependent upon future contract awards for other retail merchandise.

3. Facility

a. The DoDCC does not have any available space for License storage, staging or refrigeration of its products.

b. 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.

c. No photographs may be taken at the Pentagon without authorization from the Pentagon Force Protection Agency (PFPA). A photography permit can be requested through the Contracting Officer via the process described in Section 10. below.

d. Conduct on the Pentagon Reservation is governed by 32 C.F.R. 234 as well as applicable Fed-eral, State and local laws.

e. 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, severa-ble equipment and signs, at its own expense. Removable or severable equipment is defined as that which can be removed without causing material damage to the space or facility. The Licen-see 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 re-placed 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, in-cluding removal and storage of said property, and charge the Licensee for any expenses in-curred for removal and storage.

Unless otherwise specifically provided herein, the Licensee shall comply with applicable Federal and local codes and regulations which pertain to the fresh fruit or fresh fruit and produce delivery concession, in the areas of life safety, fire safety, health and security.

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2018-R-0002 10 of 40 Name of Offeror or Licensee | License Agreement Title

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:

Fresh Fruit or Fresh Fruit and Produce Containers (Boxes, Trays, etc.)

Website

b. Government Furnished Equipment (GFE):

(1) For purposes of this delivery concession, there will be no Government-furnished equipment, furniture and fixtures (GFE) provided or used under this License Agreement.

c. The Licensee’s production facility, warehouses and deliveries (e.g., pallets, boxes, etc.) may be inspected by the Pentagon sanitarian 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 each Sanitation Report. Licensee’s failure to respond as required may be grounds for License Agreement termination for default.

d. At this time, the Licensee is not required to complete food vulnerability assessments. However, this requirement is subject to change. Should the Licensee be required, at a later date, to complete food vulnerability assessments as the DoDCC is directed and required by the Veterinary Services Food Safety Office/Officer, the details will be discussed at that time.

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. 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.

(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 provided with a receipt for items purchased from the Licensee, or the purchase is free. The Licensee’s website and/or 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, etc.) 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 its

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2018-R-0002 11 of 40 Name of Offeror or Licensee | License Agreement Title policy on any advertising signage throughout the Pentagon Reservation and on its website 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 or on websites is 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.

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 Pentagon Reservation fresh fruit or fresh fruit and produce delivery service concession.

b. Passes. The Licensee and its employees shall be responsible for obtaining all required building passes and permits and for compliance with Pentagon regulations 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 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 Pentagon 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. This policy is subject to change at the discretion of PBMO and PFPA.

http://ice.disa.mil/

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2018-R-0002 12 of 40 Name of Offeror or Licensee | License Agreement Title

d. Non-Routine Access. Licensee employees that do not visit the Pentagon 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 Pentagon 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. Appearance. While in the Pentagon, 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.

7. Merchandise and Products

a. Merchandise and products offered to Pentagon Reservation offices and customers are provided as Attachment 1 as accepted and incorporated in the awarded License Agreement.

b. Retail prices shall be less than or equal to the prices charged at the other Federal buildings/facilities in the local trading area where the Licensee provides the same service. The local trading area is defined as that area within ten (10) miles of the Pentagon Reservation. If there are no facilities serviced by the offeror in the local trading area, a list of comparable facilities will be provided by the Licensee and their pricing will become the basis for determining acceptability of initial requested price proposals and requested price increases.

Temporary price reductions or reduced promotional prices for merchandise categories, brands and types approved at the time of license award are not required to be submitted for review and approval. After contract 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 commercially serviced operations. All signs and all promotional material shall be subject to review and approval by the Contracting Officer before being displayed.

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

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

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2018-R-0002 13 of 40 Name of Offeror or Licensee | License Agreement Title

States Government. Any advertisement by the Licensee, including price-off coupons, which apply solely to the Pentagon Reservation shall contain the following statement:

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

Government of the products or services advertised."

b. The DoDCC will assist the Licensee to advertise its business as best it can. However, it is the sole responsibility of the Licensee to advertise, capture, set up and manage its Pentagon Reservation accounts. There may be an opportunity for the Licensee to utilize one of the DoDCC’s rover spaces on the Pentagon Concourse, subject to availability, to advertise its delivery service to the Pentagon customers. The details regarding this advertising forum will be discussed with the Licensee after award.

c. Licensee shall create a website to sell those items being sold on the Pentagon Reservation subject to the written approval of the Contracting Officer. The DoDCC is entitled to the same percentage of commission payable under this License Agreement for all Internet sales attributable to Pentagon patrons whose interest in the Licensee’s product line originated in the Pentagon.

d. Licensee shall ensure Pentagon 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), etc.).

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 service tables via a first come first served scheduled basis as well as the use of the Pentagon’s InfoNet electronic messaging kiosks. Tented brochures are permitted, subject to the approval of the Contracting Officer. Coupons are permitted on the flyers used for advertising, but they are not permitted to include prices. The details will be provided by the Contracting Officer upon award.

10. Press Releases/Public Affairs Information

The Licensee is not permitted to authorize or issue any type of “media vehicle” pertaining to the award of, or performance under this Agreement without prior submission of the proposed publication/reporter questions to the Contracting Officer for approval and coordination. Responses to such questions will be returned within five (5) business days

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2018-R-0002 14 of 40 Name of Offeror or Licensee | License Agreement Title by the Contracting Officer. “Media vehicle” includes all books, promotional materials, press releases, articles, interviews, statements, etc., whether verbal, in writing, or through the use of social networks, social news, media sharing, blogging, forums, and other media vehicles, including but not limited to Facebook, LinkedIn, Digg, Reddit, Instagram, You Tube, Flickr and Twitter, etc. Additionally, the Licensee is not permitted to mention or advertise its Pentagon work/store in any advertising media, including its store or company website, or social media outlets such as Twitter, Facebook, etc., without the express written permission of the Contracting Officer.

Photography within the Pentagon is restricted and prior arrangements must be made before taking pictures of any type within the Pentagon. A minimum of twenty (20) business days must be allowed for to receive a photography permit for individuals not previously cleared for building access and/or ten (10) business days for those who already hold building access. Requests for picture permits must be submitted in writing to: whs.DoDCCRequest@mail.mil from a recognized corporate email account including a detailed explanation as to why the pictures are necessary and for what strictly defined purpose they will be used.

11. Corporate Logos

Licensee shall provide, on an annual basis, electronic copies of its corporate logos for

DoDCC use for various marketing and advertising purposes that are funded by the DoDCC. Details regarding this requirement will be discussed with the Licensee upon award of the License Agreement. Failure to comply with this requirement may result in exclusion from DoDCC-sponsored marketing and advertising opportunities.

12. Name Tags

Licensee’s personnel shall be required to wear name tags while on duty. Name tags for Licensee’s personnel use shall be approved by the DoDCC Contracting Officer. Licensee shall submit artwork/examples of name tags electronically for DoDCC review/approval prior to implementation.

13. Permits and Licenses

The Licensee is responsible for payment of all fees and expenses related to obtaining necessary permits, giving all notices, and complying with all laws, rules, ordinances, and regulations relating to the public health or applicable to the service or business carried on under this Agreement. The responsibility for determining applicability of licensing requirements, laws, ordinances and regulations for the Licensee and its employees rests solely with the Licensee.

mailto:whs.DoDCCRequest@mail.mil

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2018-R-0002 15 of 40 Name of Offeror or Licensee | License Agreement Title

14. Remote Delivery Facility (RDF)/Delivery of Merchandise and Products

RDF - The Pentagon Remote Delivery Facility (RDF) is open from 0400 – 1700 Monday through Friday. All merchandise and products are received in the RDF. The first step in the delivery process is for the company's point of contact (“POC”) to provide the DoDCC with the following information for the truck driver and any helpers making the delivery: full name, social security number, date of birth, place of birth (if not a U.S. citizen, POC must fax a copy of the individual's green card and so-cial security card). This information will be submitted to the Pentagon Police so a security check can be performed (NCIC check). A minimum of five (5) full business days is required in advance of the delivery to obtain the security check.

The POC must also provide the license plate number and state of registration for the vehicle they will be driving and the day and time they desire to make the delivery. Once a time for the delivery has been set, it is important to understand the driver will have a half hour before or after the set time to ar-rive. Anything outside of this one hour window WILL CAUSE THE TRUCK TO BE TURNED AWAY FROM THE RDF. Routine deliveries may be scheduled for up to six (6) months at a time Routine deliveries must be scheduled through the DoDCC. The same driver/helper(s) and vehicle must be used on routine visits. The Licensee may register more than one driver and more than one vehicle for the six month access list. Vehicles and drives/helpers not registered or previously cleared WILL CAUSE THE TRUCK TO BE TURNED AWAY FROM THE RDF. If a new delivery needs to be set up and the truck driver and any helpers already have a NCIC completed, the company's point of contact needs to give DoDCC 24 hours (at least 25 hours) advance notice, providing the DoDCC with the name of the driver and any helpers, the vehicle license plate number and state and the time and date of the desired delivery (again, with a one hour window).

The driver/helper must either deliver the items to their destination (the RDF may have handcarts, but it is recommended to bring your own), or make arrangements for someone from the store to meet you to pick up the items. The RDF does not have enough space for items to just be dropped off. Be aware that due to security reasons, the RDF may be shut down for a host of reasons, be it a visit by an official dignitary, security breaches, or many others. In most cases, the DoDCC does not have prior knowledge concerning when these will occur. When the DoDCC receives advance notice, it is passed on as soon as possible to all involved/concerned. (This does not happen often, but it does happen.)

Staging After Delivery to the RDF – The Remote Delivery Facility (RDF) does not have space for staging deliveries. Licensee is responsible to make arrangements for sufficient representatives to be at the RDF at the time of delivery to sign for, count, and ensure deliveries are accurate; and, to coor-dinate the delivery of these items to their destination. Delivery trucks cannot remain parked at the RDF once unloaded, and there is no parking on the Pentagon Reservation for anything larger than a panel van. Once the delivery is completed, the truck must leave. If Licensee requires parking for any vehicles (panel van or smaller), the DoDCC must be contacted to request access to Lane 36 (in South Parking). Parking and passes are not guaranteed and are on a first come, first served basis.

Overnight Deliveries – FEDEX and UPS delivery routinely to the Pentagon; however, due to screen-ing processes, overnight deliveries are NOT received by Pentagon addresses overnight. They are de-livered to the Pentagon Remote Delivery Facility (RDF) overnight; however, internal screening

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2018-R-0002 16 of 40 Name of Offeror or Licensee | License Agreement Title makes them available usually the next day after delivery, but can take longer depending on volume in the processing area.

The Licensee is responsible for and must sign for any deliveries upon arrival of the deliveries at the

RDF.

Freight Elevator – Licensee will have access to a freight elevator for deliveries. The interior dimen-sions are 82” wide x 132” deep x 84” tall (door clearance). All deliveries are screened via x-ray prior to leaving the RDF area; x-ray machine size restrictions are 6’ width x 7’ height x 11’ length. Length restrictions apply to the freight elevator limitations. Manual and electric pallet jacks are allowed;

however, only walk behind electric pallet jacks are permitted. No ride models are allowed.

Vehicles - Eighteen (18) wheelers routinely delivery to the Pentagon, and the RDF can accommodate them

Dockmaster’s Office – The RDF is overseen by the Dockmaster’s office. The Dockmaster provides assistance with getting merchandise from the RDF to the freight elevator bank nearest the destination based on the availability of Dockmaster staff and their workload. Once routine delivery dates and times are established, their assistance may become more regular.

From the freight elevator bank, it is the responsibility of the Licensee to get the merchandise to the destination. Manual pull carts must be used to get product from the elevators to the store. No Self Propelled Vehicles (SPVs) or electrically powered vehicles are permitted on the Concourse.

Equipment Service Vendors – Service personnel coming into the Pentagon with small bags (e.g.

bags that can fit through an X-ray machine similar to the ones used at airports), can come in through the Metro entrance. To ensure ease of entrance to the Pentagon, a list of these type personnel should be coordinated through the DoDCC office so they can be placed on the Visitor’s Access Roster.

These personnel may be on the roster for six (6) months at a time then must be renewed. Once per-sonnel are added to the Visitor’s Access Roster, they can access the Pentagon routinely. This policy is subject to change in the future. If service personnel must bring into the Pentagon larger tools or amounts of equipment, they will have to bring them in through the RDF.

Licensee’s Personal Vehicles – At the present time, Licensee may use its personal vehicles to deliver into the RDF. This policy may be subject to change in the future. The same process would apply for personal vehicles as for trucks or commercial vehicles as stated above.

Emergency Deliveries – If emergencies arise and if the drivers have updated NCIC checks through the RDF, the DoDCC may be able to get them scheduled to come in the same day, dependent upon the Dockmaster’s schedule. There is no guarantee, and this policy is subject to change in the future.

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2018-R-0002 17 of 40 Name of Offeror or Licensee | License Agreement Title

15. Wireless Activity

Licensee shall be required to follow the procedures as outlined in the Reservation Installation Applica-tion (RIA) process for approval to use wireless Internet service on the Pentagon Reservation. Details re-garding this application process and approval will be discussed in detail after License Agreement award.

16. Solicitation of Charitable Funds

In accordance with the Code of Federal Regulations (CFR), 32 CFR §234.13, Licensee is not authorized to solicit funds for charity from Pentagon patrons, other concessionaire employees or its own employees upon the Pentagon Reservation.

D. Packaging and Marking

No contract specifications in this section are applicable to this license agreement.

E. Inspections

1. Operation / Sanitation

a. Periodic, unannounced inspections will be conducted by the Contracting Officer or any person designated by the Contracting Officer to ensure strict compliance with the provisions of this Agreement. The Contracting Officer has the authority to conduct inspections at any time, and the substance, frequency and time of day of such inspections ordinarily will be as mutually agreed upon by the Licensee and the Contracting Officer to ensure that uninterrupted service is provided to customers during such inspections.

b. A representative of the Pentagon Environmental Health department and / or the DoDCC may conduct periodic, unannounced inspections at reasonable times during the performance of this Agreement. If an inspection reveals the existence of unhealthy conditions, the Licensee shall correct such conditions without delay and take steps to prevent their recurrence. Failure or refusal to correct such conditions shall constitute a default of the License terms and conditions, and the operation may also be subject to immediate closure if unhealthy conditions warrant. The facility may be reopened only after correction of the unhealthy conditions to the satisfaction of local authorities. The results of any such inspection shall not be used by the Licensee for private sales promotion or advertising purposes.

F. Deliveries and Performance

1. Business Management / Financial Reporting

a. The Licensee shall establish effective management controls and oversight to ensure satisfactory performance of this Agreement.

b. The Licensee shall submit detailed sales reports to the DoDCC by the 10th calendar day of each month, for sales during the preceding month. The monthly report must include a listing of sales

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2018-R-0002 18 of 40 Name of Offeror or Licensee | License Agreement Title by customer, with customer account information and the applicable sales for each, and the total commission due.

c. Upon request, the monthly sales reports shall be accompanied by supporting documentation produced directly from the Licensee’s financial system that will substantiate the monthly amounts being reported.

d. The Licensee shall provide, at its fiscal year end, a statement of monthly sales which must be submitted by a Certified Public Accountant and received no later than December 31st of the calendar year in which the Licensee’s fiscal year ends.

e. Licensee must provide name, telephone number, and e-mail address of a financial contact that is well versed and can answer questions about any financial reports submitted to the DoDCC.

f. Sales reports are to be sent to the following:

Patrick Tate, Financial Manager DoDCC Room 5B843, The Pentagon Washington, DC 20301 Email: patrick.j.tate2.naf@mail.mil Fax: (703) 693-9286

2. Payments

a. Commission payments shall be computed and paid monthly via electronic transfer to the DoDCC, no later than the 10th day of the month following the month during which the sales were realized. When the 10th day of the month falls on a Saturday, Sunday or National Holiday, the Due Date shall be the next regular business day. Additional information to facilitate Electronic Funds Transfers (EFTs) will be provided to the Licensee after License Agreement award.

b. Late Fee. Failure to remit a commission payment ten (10) calendar days after the due date (as defined in paragraph 2.a.above) shall obligate the Licensee to pay a Late Payment fee equal to 10% of the commission amount due. In the event that Licensee fails to meet the Due Date, Licensee shall provide DoDCC with commission computation totals for the applicable time period in order to facilitate calculation of late fees. Failure to provide the commission computation within ten (10) calendar days after the Due Date shall constitute breach and will obligate Licensee to pay no less than commissions due and Late Payment fees calculated by utilizing the average of the last three reported monthly sales reports on record. Late fees shall be transferred electronically, separately from the commission payment due.

3. Interest Penalty

a. Failure to remit a commission payment by the due date (as defined in paragraph 2.a. above) shall obligate the Licensee to pay accrued interest penalties on unpaid commissions. Interest penalties on late payments shall be calculated from the day after the payment due date (as defined in paragraph 2.a. above) through the date of actual payment at the interest rate in effect mailto:patrick.j.tate2.naf@mail.mil

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2018-R-0002 19 of 40 Name of Offeror or Licensee | License Agreement Title on the day after the payment is due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 12 of the Contract Disputes Act of 1978 (Public Law 95-563). Interest penalties will accrue on the unpaid amount until paid. Interest penalties remaining unpaid at the end of each 30 day period will be added to the principal and subsequent penalties will accrue. Interest penalties shall be transferred electronically, separately from the commission payment, but may be combined with the late fee.

4. Accounting Records

a. The Licensee shall maintain accurate and complete records of its business transactions in accordance with generally accepted accounting principles.

b. The DoDCC reserves the right to examine and audit the Licensee's records directly pertaining to the Agreement during the period of the Agreement and for an additional three years after expiration of the Agreement. The Licensee shall make available to the Contracting Officer or his/her designated representative, all records related to this Agreement on an "as requested" basis. Each party shall bear its own expense associated with conducting and responding to these audits.

G. License Agreement Administration

Contracting Officer’s Representative (COR)

The Contracting Officer’s Representative (COR), responsible for monitoring performance under this License Agreement, and the alternate COR, responsible for performing the COR function in the COR’s absence are:

COR:

Mr. Patrick Tate, DoDCC Financial Manager Room 5B843, The Pentagon Washington, DC 20301 Email: patrick.j.tate2.naf@mail.mil Phone: (703) 697-1249

Alternate COR (aCOR):

Mr. John Hellmund, DoDCC Business Operations Manager Room 5B843, The Pentagon Washington, DC 20301 Email: john.a.hellmund.naf@mail.mil Phone: (703) 697-1990

The COR is responsible for monitoring progress and overall surveillance of services to be performed under this License Agreement and should be contacted regarding questions or problems.

mailto:patrick.j.tate2.naf@mail.mil mailto:john.a.hellmund.naf@mail.mil

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2018-R-0002 20 of 40 Name of Offeror or Licensee | License Agreement Title

It is emphasized that only the Contracting Officer has the authority to modify the terms of the Agree-ment. Therefore, in no event will any understanding, agreement modification, change order or other matter deviating from the terms of the basic Agreement between the Licensee and any other person, be effective or binding on the DoDCC.