Draft_Articles_Atch A1.docx

Articles 412 Force Support Squadron, High Desert Lanes Bowling Center Concessionaire Contract Edwards AFB, CA Solicitation EDWA-F-12C0001 Special Provisions – Attachment A

ARTICLE I: That:

1. This Concessionaire agreement by and between the 412 Force Support Squadron, Edwards Air Force Base, Nonappropriated Fund Instrumentality hereinafter referred to as the NAFI, and Contractor (Name and Address)_________________________________________, hereinafter referred to as the Concessionaire, is for the Concessionaire to provide all personnel, supervision, management, equipment, tools, materials, supplies, and other items and services necessary to provide a food and beverage operation, except for those items furnished by the government (listed in Tab B) to authorized patrons at assigned space for a concession at 205 Fitzgerald Blvd., Building 5214, for a basic period of 12 months, beginning 24 Sept 2012 and ending 23 Sept 2013, This contract also contains four (4) one-year option periods. The hours of operations of this concession will be at a minimum 1100-1830 hours Monday through Thursday, 1100-2130 hours on Friday, and 1200-2130 Saturday. Closed Sundays and Federal holidays. Any requested hours of operation changes must be submitted in writing to the contracting officer, at least thirty (30) days prior to the requested change.

Hours can be negotiated to provide best service and business operational sense as worked with concessionaire and specified in writing by the Contracting Officer.

This is a non-appropriated fund (NAF) purchase and it does not obligate appropriated funds of the United States Government due or payable to a Contractor. This agreement does not involve federal tax dollars.

2. Concessionaire will pay the NAFI a fix rate based on the schedule below as proposed by Contractor. If the operation is more successful, the Contracting Officer and Contractor will re-negotiate a higher commission rate for the subsequent option periods. The contractor will provide a spreadsheet to the Contracting Officer quarterly stating the monthly revenues as verified by the Contractor’s Accountant. The Contracting Officer will review the quarterly spreadsheet for the prior year to determine if an adjustment to the monthly fee for the subsequent option periods will be re-negotiated. Payment of fees due the NAFI shall be made NLT the last business day of the month.

SCHEDULE

CLINS Period of Performance Monthly Fee

CLIN 0001 24 Sep 2012 thru 23 Sep 2013 $________ Base Period CLIN 0002 24 Sep 2013 thru 23 Sep 2014 $________ Option One CLIN 0003 24 Sep 2014 thru 23 Sep 2015 $________ Option Two CLIN 0004 24 Sep 2015 thru 23 Sep 2016 $________ Option Three CLIN 0005 24 Sep 2016 thru 23 Sep 2017 $________ Option Four

ARTICLE II. The Concessionaire must:

1. Provide a customer-driven food and beverage program of a quality satisfactory to the Contracting Officer Representative (COR) or the Contracting Officer’s duly authorized representative. The operation will offer as a minimum Authentic Asian/Korean and American food combination and beverages.

2. Before beginning performance under this agreement, the Concessionaire shall submit a menu listing of items, with corresponding selling prices, to the Contracting Officer for approval or disapproval action. The final approved listing is considered part of this agreement. Place the price list in a conspicuous spot for patrons to see. Menu and pricing will be updated and submitted for approval to the Contracting Officer at least annually and changes incorporated into the contract.

3. At Concessionaire's expense, obtain all permits, give all necessary notices; pay all license fees; and comply with all municipal, prefectural, and national laws, rules, ordinances, and regulations, and any publication published by the military relating to public health or applicable to the business carried on under this agreement and assume complete and sole liability for all national, state, and local taxes applicable to the property, income, and transactions of the concession.

4. Comply with all applicable laws pertaining to wages, worker's compensation, equal opportunity, Service Contract Act (SCA), and so forth, as implemented by Air Force directives and required by law.

5. Comply with all Air Force guidance and memoranda, bulletins, or letters of instruction issued by or in behalf of the Contracting Officer or their duly authorized representative.

6. Keep the concession area clean, orderly, attractive, secure, and in a safe and sanitary condition. The contractor shall comply with all mandated sanitation requirements IAW AFI 48-116, Food Safety Program.

7. Employ only persons who meet the health standards prescribed by law or regulations, which pertain to the jobs for which they are hired.

8. Furnish a sufficient number of trained employees for the efficient performance of this Concessionaire contract. Concession personnel must meet the health and security standards prescribed by applicable regulations, and must obtain installation passes and permits and security clearances as applicable. Concession personnel must give prompt and courteous treatment to authorized customers. Concession personnel must be neatly dressed and meticulous in their personal grooming at all times. Concessionaire ensures that all clothing worn by employees is conservative, clean and in good condition at all times. A nameplate must be worn. Uniforms are optional. All employees must be E-Verified.

9. Remove from employment in the concession, on the request of the Contracting Officer, any servant, agent, or employee of the Concessionaire if, in the opinion of the Contracting Officer or their duly authorized representative, the conduct of such person, while in and about the premises covered by this contract interferes with proper services or discipline.

10. Obtain insurance, at the Concessionaire’s expense, for all nonGovernment property and merchandise used by the Concessionaire in the operation of the concession against theft, fire, storm, flood, and damage, or destruction through any other force of nature; or in lieu thereof, to relieve the NAFI from any liability arising from such theft, loss, damage, or destruction. The Concessionaire must have liability insurance commensurate with the risks involved, and furnish proof of such to the Contracting Officer.

11. Not leave cash on the premises during non-operational hours.

12. Be responsible for paying all operating expenses not expressly undertaken by the NAFI or Contracting Officer.

13. Sign the property listing for all equipment provided by the NAFI. Once equipment has been acknowledged and signed, the concessionaire is totally and completely responsible for any maintenance/repair due to damage or misuse caused by the concessionaire, its servers, employees or representatives.

14. Purchase any and all specialized equipment needed to provide quality Korean/Asian and American food options to the patrons of the NAFI. Concessionaire will maintain, repair, and replace, as necessary, all concessionaire-furnished equipment, furniture, fixtures, and décor items. Any and all interior/exterior decors will be approved by the NAFI prior to installation.

15. Make all food and fountain beverage purchases through military public health approved sources. NAFI will give the Concessionaire suggested sources for purchase of items that may be required i.e. breads, meats, etc., which will be the responsibility of the Concessionaire to pay all invoices.

16. Provide the NAFI with a statement of all gross sales recorded on the concessionaire’s Point of Sales (POS) system.

a. Concessionaire will ensure that all income is recorded on the POS by their employees.

b. Concessionaire will pay the fee due the NAFI monthly by check along with submission of the Concessionaire Settlement Report

17. Establish with the NAFI proper inventory control system for both equipment and resale items.

a. Maintain an inventory of stock and health check system that will be posted clearly in the storage area.

18. Ensure all employees hold and keep current their health certificates IAW Article II, Para 7.

19. Maintain all Federal health standards and regulations, and be prepared for health inspections by Military Public Health. Address any items found immediately. A minimum of satisfactory or better on all health inspections is required IAW Article II, Para 6.

20. The Concessionaire shall be solely responsible for employee’s payroll, to include all State, Federal taxes and benefits. Labor laws will be followed at all times IAW Article II, Para 4.

21. Contractor shall not subcontract any part of the work to be performed without the prior written consent of the contracting officer. Any subcontractor used in connection with this contract is the agent of the contractor and not the agent of the 412 Force Support Squadron or the Air Force.

ARTICLE III - Concessionaire will not:

1. Represent or permit itself to be represented to the public as an agent or employee of the NAFI by the use of the name of the NAFI on letters, bills, signs, or by any other means. The Concessionaire, its servants, agents, and employees, are in no sense agents of the United States, the NAFI, the commander of the installation within which the concession exists, or of any other entity having to do with the operations of the NAFI.

2. Sell or remove any property that is owned by the NAFI or any other part of the Federal Government and is used in the operation of the concession.

3. Engage in or permit gambling or possession or use of any gambling device on the concession premises or elsewhere on the installation.

4. Sell, deal in, or otherwise possess or transfer, on the concession premises, any form of intoxicating liquors or narcotics.

5. Loan money to or borrow money from customers or others, which includes Federal Government (including NAFI) employees and military personnel.

6. Sell merchandise or services for anything other than US currency, unless authorized in writing by the Contracting Officer.

7. Give or offer to any officer or employee of the NAFI, or any other part of the Federal Government, any gift, privilege, special benefit, discount, or anything else of material or personal nature whereby the individual or employee would receive preferential treatment.

ARTICLE IV: That:

1. Air Force Auditor General personnel, or any person designated in writing by the installation commander, will have the right to inspect the Concessionaire, and to make such inspection as may be considered necessary to ensure strict compliance by Concessionaire with all provisions of this contract and with applicable Air Force regulations.

2. This contract, unless sooner terminated as herein provided, may be extended for additional periods, each of which may not exceed (4) additional 12 month options by mutual agreement of the parties in writing, subject to approval in the same manner as this instrument. An Agreement Expiration Notice Letter will be sent to the Concessionaire by the Contracting Officer no later than 90 days before the agreement expires.

3. This contract is automatically terminated in the event the NAFI is dissolved. The Contracting Officer terminates the contract when documentation that the NAFI has been dissolved. Notice will be given to the contractor within seven days of the Contracting Officer receiving notification of the NAFI being dissolved.

4. Any monies due and payable to the NAFI from the Concessionaire during the period of performance of this agreement must be paid in full or will remain due and payable until final settlement.

CONTRACTUAL CONTENTS: This contract consists of the following documents:

a. Attachments as follows Attachment A - Articles Attachment B - Instructions and Evaluation Factors Attachment C – Period of Performance and Fees Attachment D – General Provisions Attachment E – Contractor/Vendor Access Form

b. Special Provisions with the following Tabs Tab A - Performance Work Statement Tab B – Government Supplied Equipment and Supplies Tab C – Electric and Cooling Information Tab D - Site Plan Tab E – Past Sales and Population Data Tab F - SCA Wage Determination dated: 08/15/2009

FOR THE NAFI: FOR THE CONCESSIONAIRE:

This Concessionaire contract has been reviewed and determined to be legally sufficient.

(Signed by Staff Judge Advocate or the representative) Date Solicitation EDWA-F-12C0001 Articles Attachment A