DoDCC RFP DoDCC-2023-R-0002 Pentagon Retail Jewelry Store Issued 26 Jun 2023.pdf

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

DEPARTMENT OF DEFENSE CONCESSIONS COMMITTEE

June 26, 2023

Company Name Attn:

Address City, State Zip Code

Subject: Request for Proposals (RFP) #DoDCC-2023-R-0002 –Retail Jewelry

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, David Mann Jewelers, Fort America, New York Tailors laundry/dry cleaning, Pentagon Vision Center and more.

The DoDCC is soliciting proposals to establish an agreement with one (1) firm to operate and manage a full-service retail jewelry store in Room 2D1083 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 Tuesday, July 25, 2023 as stated in the RFP.

Offerors interested in attending the preproposal conference must RSVP no later than close of business on July 18, 2023. Specific information regarding the preproposal conference and the RSVP process is found in Section L. of the RFP.

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

whs.DoDCCRequest@mail.mil. All site visits must be conducted after the preproposal conference and no later than August 11, 2023. Any questions prospective offerors would like to have addressed must be submitted to Ms. Shelley Driver no later than close of business on August 11, 2023 via email to shelley.a.driver.naf@mail.mil.

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

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

Proposals for this requirement must be received by 2:00 PM Eastern, Friday, August 25, 2023 at the address below:

Department of Defense Concessions Committee (DoDCC)

Attn: Ms. Gail Lee, RE: Retail Jewelry 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

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 26, 2023

Request for Proposal Number:

DoDCC-2023-R-0002

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 25, 2023.

For Information Call:

Name of Person to Call:

Phone Number:

SCHEDULE

Item No. Supplies / Services Amount

Retail Jewelry Store, The Pentagon, Arlington, VA

PROPOSAL

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

Offeror Name and Address (Including Zip Code):

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

Discount for Prompt Payment Not Applicable

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

Phone Number

Print / Type Name of Person Authorized to Sign Proposal:

Signature: Date:

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

Amount:

Contract Number:

Submit to:

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

Payment will be Made To:

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

Acceptance: Your proposal on Request for Proposals number DODCC-2023-R-0002 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 Jewelry Store, The Pentagon, Arlington, VA

Room 5B843, The Pentagon Washington, DC 20301

REF NO: DoDCC-2023-R-0002 Retail Jewelry Store, The Pentagon, Arlington, VA CLOSING: 2:00 PM Eastern, August 25, 2023

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2023-R-0002 3 of 57 Name of Offeror or Licensee | License Agreement Title

Pentagon Retail Jewelry Store

A. Solicitation

1. Requirement

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

License Agreement to a firm to manage and operate a full-service jewelry retail store in Room 2D1083 in the Pentagon. The successful offeror shall operate and manage a full-service retail jewelry store, inclusive of on-site repair services, coordination of warranty repair services and engraving services and provide all necessary fixtures, equipment, etc., to operate the store as described and as further defined in Section C. herein. The finishes within the space may be changed by the successful offeror at its expense, considering strict time/process parameters; and the changes must be finish only and not structural in nature. The specific finishes are to be procured, installed and maintained by the successful offeror and must meet any design/décor brand requirements subject to the approval of the DoDCC Contracting Officer. Additionally, the successful offeror shall provide any and all other supplies and equipment needed to operate and maintain the retail jewelry store, including, but not limited to, items such as merchandise, shelving, POS equipment, etc. (See paragraph C.4. for a more complete list.)

b. The space in which the successful offeror shall operate is identified in Attachment 1 (provided upon request through a secure Dropbox link). Such requests should be submitted to Ms. Shelley Driver at shelley.a.driver.naf@mail.mil. The space is approximately 1,516 sq. feet and is identified as “Room 2D1083” on Attachment 1. The space allocation is subject to change at the discretion of Pentagon Building Authorities in charge of space allocation and/or the DoDCC.

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

herein.

d. The DoDCC expressly prohibits offerors from contacting or engaging with the incumbent’s employees prior to award of the License Agreement.

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

will all contribute to this end. The successful offeror will use store fixtures consistent with the merchandise or services to be offered and provide appropriate displays to advertise the store being offered. The anticipated opening date for this store is February 2024 or sooner, dependent upon the successful offeror’s ability to open.

f. The retail store is located in the Pentagon’s retail and services shopping area known as the Concourse. The Concourse is comprised of approximately 75,000 square feet and houses the DoDCC’s retail and service concession providers as well as five short term rover concession spaces that rotate on a weekly and bi-weekly basis that offer merchandise that compliments and not competes with the long-term retail concessionaires. Additionally, the Concourse houses many other services such as the U.S. Post Office, Hall of Heroes, banking facilities, and more.

The Concourse is the crossroads of daily Pentagon activity, located at the main entrance to the

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2023-R-0002 4 of 57 Name of Offeror or Licensee | License Agreement Title building. This entrance is used by employees and visitors embarking the Pentagon Reservation by bus, train, personal transportation, shuttle service and those arriving/departing by taxi.

Approximately 60% of those entering the Pentagon enter through the Metro entrance on any given business day. As the retail jewelry store will occupy such a prominent location and recognizing the amount of square footage allocated to it, the interior design and décor proposed for this space will be important, both for the shopping experience and building aesthetics.

g. The Pentagon Concourse and the Tour Area Metro Entrance Facility are 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.

h. The space is currently operated as a jewelry store by David Mann Jewelers. The anticipated closure is December 22, 2023. The DoDCC anticipates turning the space over to the successful offeror on or about January 5, 2024. The exact date will be coordinated with the successful offeror after License Agreement award. Estimated sales for the current jewelry store from Fiscal Years (FYs) 2019 through 2022 are as follows: $950,000 for FY 2019; $600,000 for FY 2020;

$580,000 for FY 2021; and $750,000 for FY 2022. COVID-19, occurring in 2020 which also impacted 2021, affected sales for the current jewelry store operator as well as all other DoDCC operated retail stores. 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 2019 – 2022 is provided in Attachment 2 and is an estimate only. It is the responsibility of offerors to determine the projected estimated sales for retail jewelry store.

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

j. Attachment 3 provides an overview of the Pentagon Concourse with the space available for the retail jewelry store highlighted.

k. Attachment 4 provides the retail and food service directory for the DoDCC retail, food and personalized services concessionaires currently operating in the Pentagon.

2. General Information

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

b. Hours of Operation: The Licensee will operate the retail store between the core hours of 8:00 a.m. and 5:00 p.m., Mondays through Fridays, with the exception of Federal Holidays. The Federal Holidays are stated 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, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2023-R-0002 5 of 57 Name of Offeror or Licensee | License Agreement Title

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).

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

3. Definitions

a. The 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, Business Enterprise Group, or other persons directed or authorized by the Committee to function on its behalf and to carry out its policies and directives.

b. The DoDCC is a non-appropriated fund instrumentality under the jurisdiction of the Department of the Defense and serves as Business Manager for all retail, personalized services and food services within the Pentagon Reservation (the Pentagon, Mark Center and other areas described in 32 CFR §234.1) and other buildings in the National Capital Region (NCR) as designated and as described above.

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

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

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

f. License. By the DoDCC’s acceptance of an offer made hereunder, the DoDCC grants a nonexclusive, revocable license (“the Agreement”) for a retail jewelry store as described herein, and in consideration of payment by the Licensee of the commissions and any other payments specified in this Agreement. The Licensee, by virtue of this Agreement, shall not be deemed to have become an agency, independent establishment, or governmental corporation under the authority of the DoDCC, nor shall its employees be deemed to have become agents, employees, or officials of the DoDCC.

The Licensee shall be deemed merely to be licensed to enter and use Government property, such premises as delineated hereunder, solely for the purpose of exercising the rights and privileges granted by this Agreement. Nothing in this Agreement creates a tenancy, leasehold, or other interest on the part of the Licensee in the premises or real estate covered herein. Upon revocation of this License Agreement, the Government shall have the right to remove and exclude the Licensee and any 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-2023-R-0002 6 of 57 Name of Offeror or Licensee | License Agreement Title 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”, as defined in 10 U.S.C. §2674(f)(1), means Pentagon, the Mark Center Campus, and the Raven Rock Mountain Complex.

i. The term “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 jewelry store shall expire five (5) years after the Licensee first opens the store for business.

5. Renewals/Options

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

6. Post Award Site Visits/Inspections

Licensee shall coordinate all site visits of the space (prior to DoDCC turnover to the Licensee and Licensee receipt of 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.

mailto:wendy.e.adams.naf@mail.mil

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2023-R-0002 7 of 57 Name of Offeror or Licensee | License Agreement Title

7. Persons Authorized to Conduct Negotiations

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

Name

Title

Telephone Number

Fax Number

E-Mail Address

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2023-R-0002 8 of 57 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 retail jewelry store described, in accordance with its company standards and the specifications of this License Agreement. These standards shall include design, decor, equipment, service technique and operating procedures that are essential to the success of the operation.

If, post award, the successful offeror (Licensee) would like to make arrangements with the incumbent to purchase some of the existing items/equipment, the successful offeror (Licensee) would be free to make arrangements between itself and the incumbent.

2. Financial Proposal / Licensee Fee

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

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

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

Upon award of this License, no later than thirty (30) calendar days after License Agreement 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 Contracting Of-ficer to assure the performance of the terms of this License Agreement. The specific details will be provided to the successful offeror at the time of License Agreement award. The $10,000 surety pay-ment, 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 Licen-see’s period of performance culminate at the end of the initial five-year (5-year) period of perfor-mance, 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 to assure the performance terms of any subsequent period of performance under this contract. If so retained, the $10,000 surety payment, SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2023-R-0002 9 of 57 Name of Offeror or Licensee | License Agreement Title 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 required for operation of the retail store at the Pentagon will be provided to the Licensee free of charge, except local and long-distance telephone service or other communication utilities. Should a policy change occur regarding the provision of utilities, the Government agrees to negotiate in good faith an appropriate change to the License Agreement to share such additional expenses.

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

-Licensee must initiate an order with Verizon. The service delivery address options are:

5607 Army Pentagon, Room 1B488, Washington, DC 20310 or 1 Pentagon Building, Room 1B488, Arlington, VA 22202;

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2023-R-0002 10 of 57 Name of Offeror or Licensee | License Agreement Title

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

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

-The ITA cost estimate will be provided to the Licensee for approval and upon approval, Licensee must provide funding to the DoDCC before the work can begin; and -Funding may be remitted to the DoDCC either via EFT or check made payable to the DoDCC.

c. Customized cable TV is available for an annual fee of $200.00 (based on FY 20), per television, which is paid once a year to the 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.

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

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2023-R-0002 11 of 57 Name of Offeror or Licensee | License Agreement Title

C. Description, Specification, Work Statements

1. General

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

2. Scope of Work

Licensee shall maintain, manage, and operate a retail full-service jewelry store in Room 2D1083 in the Pentagon.

Licensee shall offer merchandise and services typically offered by a full-service jewelry provider including but not limited to: sale of all typical products offered by a jewelry sales and repair store (e.g., antique items, estate items, watches, rings, earrings, bracelets, charms, necklaces.); typical gift items; plaques; on-site repair services; coordination of warranty repair services (e.g., items sent out to the manufacturer(s)); and engraving services.

Licensee shall be permitted to engrave both military items purchased in other DoDCC concessionaire stores and messaging for items sold in the retail jewelry store.

For military items to be sold in the retail jewelry store, Licensee must provide documentation/copies of licensing agreements authorizing use of military insignias by branch, etc.

For on-site repairs, use of flames and chemicals must be coordinated with the appropriate agency within the Pentagon, and there are specific rules and regulations that must be followed.

The use of a torch (oxygen or propane used as the fuel source) is covered by the WHS Fire Regulation (Attachment 7). Licensee will be required to obtain a hot work permit for its designated “permanent hot workstation” on an annual basis.

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

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2023-R-0002 12 of 57 Name of Offeror or Licensee | License Agreement Title

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 national chain drug store; merchandise typically found in a florist store; convenience food or snacks; hair care; prescription eyewear; men’s or women’s clothing; 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 Pentagon has funded and constructed the space described herein with finishes as described at Attachment (1). The Licensee shall generally not be permitted to implement facility im-provements without prior approval of the Contracting Officer. Any facility improvements, in-cluding finishes, are the responsibility of the Licensee. Any changes, upgrades or alterations to finishes 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 space or installation of furniture, fixtures and equipment (FF&E) that is attached to the walls, floors, ceilings, etc. (e.g., changes to light-ing/additional lighting, etc.). Installation of retail fixtures that are not being attached to the walls, floors, ceilings, etc., and painting would not be considered construction.

c. No build out, equipment or signage is permitted outside of Room 2D1083 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 space in the areas of electrical, IT, interior walls and finishes are permitted.

No changes to the location of perimeter walls or entrances may be made.

f. Standard 120v electrical service is provided in the space. Modification of the electrical system will require prior approval and coordination with the Pentagon Building Management Office (PBMO). Electrical will remain at walls.

g. The floor underneath the carpet in the retail space is concrete. No core drilling of the floor (concrete deck) will be permitted. However, changes to the flooring (e.g., replacement carpet, tile, wood laminate, etc.) may be permitted, subject to the Contracting Officer and PBMO, as applicable, approval.

h. Changes in the ceiling height is restricted to the physical constraints above the current finished ceiling, 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 retail space, Room 2D1083 and one key to the trash room will be pro-vided to the Licensee after License Agreement award.

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2023-R-0002 13 of 57 Name of Offeror or Licensee | License Agreement Title

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 License Agreement 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). A photography permit can be requested through the Contracting Officer 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 2022 Edition dated February 1, 2022 (identified as Attachment 5 and is available upon request); the WHSFR, WHSBC Proposed Code Changes (identified as Attach-ment 6 and is available upon request); WHS Fire Regulations 2023 Edition (identified as At-tachment 7 and is available upon request); and WHSFR Adoption Memo (identified as At-tachment 8 and is available upon request).

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

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

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

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2023-R-0002 14 of 57 Name of Offeror or Licensee | License Agreement Title

(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 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. Approvals will take approximately two

(2) to four (4) weeks, and approval must be granted before Licensee will be able to install it.

(4) The building fire suppression system in the spaces is maintained and tested by the Pentagon, i.e. sprinkler heads, strobes, etc. Inspection and maintenance of fire extinguishers in the Licensee’s operated spaces are the Licensee’s responsibility. The Pentagon also reserves the right to conduct biannual inspections on the fire suppression system.

t. Title to Buildings or Structural Improvements

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

(2) Within fifteen (15) calendar days of expiration or revocation of this License Agreement, the Licensee shall promptly remove all of its removable property, including trademarked equipment, severable equipment and signs, at its own expense. Any logos authorized as a part of the retail store design that were installed in areas such as flooring, walls, etc., may have to be removed by Licensee, subject to the determination of the DoDCC Contracting Officer. Removable or severable equipment is defined as that which can be removed without causing material damage to the space or facility. The Licensee shall exercise due care in removing its property to prevent damage to Government property. Government property damaged by the Licensee during such removal shall be repaired or replaced at Licensee expense. If the Licensee fails to remove its property and equipment within fifteen

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

u. Maintenance. Except as may be otherwise stated in this License 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.

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2023-R-0002 15 of 57 Name of Offeror or Licensee | License Agreement Title

v. Unless otherwise specifically provided herein, the Licensee shall comply with applicable Federal and local codes and regulations which pertain to the retail store operation, in the areas of life safety, fire safety, health and security. In the event structural modifications to assigned spaces are deemed necessary for such compliance, through no fault of the Licensee, the Pentagon shall bear any associated expense.

4. Equipment / Other items

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

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

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

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

b. Government Furnished Equipment (GFE):

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

c. Cleaning Responsibilities:

(1) The Licensee shall be responsible for cleaning and maintaining the space provided for the store. The Licensee shall implement procedures to ensure the facility is routinely cleaned throughout the operating day and a complete cleaning is done before the facility is secured each day. 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 Pentagon 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 facility and immediate premises will be inspected regularly by the Contracting Officer, and the Licensee will be advised of the results of such inspections. The Licensee shall take timely and appropriate action to resolve any noted deficiencies or problems.

(3) The facility and immediate premises may be inspected by the Facilities Services Directorate (FSD) and/or the Pentagon Reservation sanitarian on a regular basis in accordance with the Tri-Service Food Code, NAVMED P-5010-1, for the Pentagon Reservation. The Licensee

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2023-R-0002 16 of 57 Name of Offeror or Licensee | License Agreement Title will be advised of the results of such inspections and shall be required to resolve any noted deficiencies or problems within the timeframe identified in each Sanitation Report.

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

5. Customer Service

a. Operating Hours

(1) As stated in Section A.2.b. herein, initial operating hours shall be from 8:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of Federal Holidays. Core hours may change due 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 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 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. (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. If Licensee requires a minimum purchase for credit card purchases, the minimum value cannot exceed $10.00. Licensee shall display signage at the register to state its minimum purchase policy.

b. Customer Complaints. Patrons are encouraged to use the Interactive Customer Evaluation (ICE) surveys as a means to express their concerns. ICE is located on the following website:

http://ice.disa.mil and the information will be found by clicking on “OSD, Agencies & Activities – CONUS”, then clicking “Pentagon, Virginia”, and then finally by clicking “Shopping & Services”. Upon receipt of customer comments, the Contracting Officer shall submit ICE comments to the Licensee's management representative via e-mail. The Licensee shall address all ICE comments and return them to the Contracting Officer within forty-eight (48) hours.

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

http://ice.disa.mil/

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2023-R-0002 17 of 57 Name of Offeror or Licensee | License Agreement Title

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

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

d. The Licensee is responsible for obtaining a business license issued by 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 retail store.

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. Store managers are typically the only store personnel eligible for escort privileges and may escort up to three persons at a time. This policy is subject to change at the discretion of PBMO and PFPA. Store managers typically use this option for escorting visitors, brand representatives, etc.

d. Non-Routine Access. Licensee employees that do not visit the 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. Parking Permits. One parking permit will be provided to the Licensee. Licensee’s employees are required to use other modes of transportation such as rail, metro, carpool, etc., as a means of getting to work.

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2023-R-0002 18 of 57 Name of Offeror or Licensee | License Agreement Title

f. 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.

g. Fire training. All Licensee employees shall complete training provided by the Pentagon Fire Marshal’s office.

7. Merchandise and Products

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

b. Retail prices shall be less than or equal to the prices charged at the Licensee’s locations on military or Government installations. If there are no such locations, Licensee shall have its Pentagon store’s retail prices less than or equal to the prices charged at its commercial facilities in the local trading area. The local trading area is defined as that area within ten (10) miles of the Pentagon. If there are no such Licensee operated commercial facilities in the local trading area, a list of comparable commercial operations will be provided by the offeror and their pricing will become the basis for determining acceptability of initial requested price proposals and requested price increases. After License Agreement award, Licensee requested price changes must be submitted in writing to the Contracting Officer for approval at least fourteen

(14) calendar days prior to the desired implementation date, and in any event, such changes shall not be made without the Contracting Officer’s approval which will not unduly be withheld.

8. Signs and Forms

a. Signs. The Licensee shall furnish approved signs and promotional material, at no cost to the DoDCC, which shall be the same as those in any of the Licensee’s…