Draft_Spec_Prov_Tab_A1.docx

Performance Work Statement 412 Force Support Squadron, High Desert Lanes Bowling Center Concessionaire Contract Edwards AFB, CA Solicitation EDWA-F-12C0001 Special Provisions - Tab A

GENERAL INFORMATION

1. The Concessionaire shall establish and operate, in the name of NAFI a concession in building 5214, located at Edwards AFB as a Non-Personal Service. The Concessionaire shall provide all personnel, supervision and other items and services necessary to provide a customer-driven food and beverage operation, except for those items furnished by the government. NOTE: All equipment and supplies provided by the government are listed at Tab B.

1.1 Contractor shall provide customer-driven Asian/Korean and American food and beverage programs that meet the need of adults and families who may be customers. Concessionaire shall offer soft drinks such as soda and juice to patrons.

1.2 Sanitation Requirements. The contractor shall comply with all mandated sanitation requirements IAW AFI 48-116, Food Safety Program and the Food Code.

1.2.1. All potentially hazardous food sources removed from original packaging or prepared in the facility shall be clearly marked to indicate date product was produced or removed from the original packaging; or marked to indicate date product is to be consumed or discarded.

2. Personnel:

a. The Concessionaire shall provide a contract manager and alternate who shall be responsible for the performance of the work. The name of this person and an alternate(s) who shall act for the Concessionaire when the manager is absent shall be designated in writing to the contracting officer within 5 calendar days after award of this contract and immediately after any changes during performance of the contract.

b. The contract manager or alternate shall have full authority to act for the Concessionaire on all matters relating daily operation of this contract. The contract manager or alternate shall be available during normal hours, Monday-Friday from 1100-1900 hours and Saturday from 1200-2200 and within 90 minutes to meet on the installation with the Contracting officer to discuss operational issues. After normal duty hours the manager or designated alternate shall be available within 3 hours.

c. The Concessionaire shall keep current for the Contracting Officer inspection, a list of personnel employed on this contract. This list shall include the dates of food service sanitation training for food handlers.

a. Concessionaire shall not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest nor shall the Concessionaire employ any person who is an employee of the Department of the Air Force, either military or civilian, unless such person seeks and receives approval in accordance with DoD 5500.7, Joint Ethics Regulation. In addition, the Concessionaire shall not employ any person who is an employee of the Department of the Air Force if such employment would be contrary to the policies contained in AFI 64-106, Industrial Labor Relations Activities. All questions of “conflict of interest” shall be referred to the Contracting Officer.

b. The Concessionaire and all employed personnel shall comply with Air Force Instruction (AFI) listed below. During the term of the contract, Air Force policies may be implemented at Edwards, AFB.

3. Hours of Operation:

a. Food and Beverage Operation:

Monday through Thursday 1100-1830 (1930 on Bowling League Nights) Friday 1100-2130 Saturday 1200-2130

b. Observed holidays:

New Year’s Day Martin Luther King Day Presidents’ Day Memorial Day Independence Day Labor Day Columbus Day Veterans’ Day Thanksgiving Christmas Day

A mutual agreement of the Contracting Officer and concessionaire is required to change the hours of operation based on customer demand.

4. Conservation of Utilities: The Concessionaire shall train and instruct employees in utilities conservation practices. The Concessionaire shall be responsible for operating under conditions precluding the waste of utilities.

5. Facility (Building 5214)

a. All rights for use of shop space are reserved for concessionaire.

b. Securable space offered to Concessionaire includes: Kitchen, outside walk-in freezers and customer areas identified for the food and beverage operation.

c. NAFI Mission Requirements: The Contracting Officer has the authority to approve mission programs that are required in the Building 5214 to meet the Air Force mission requirements as identified by the NAFI director.

6. Alcoholic Beverages: Alcoholic beverage sales are not permitted by the Concessionaire.

7. Environmental: Adherence to guidelines under the Environmental Compliance Audit and Management Program is subject to inspection by the Edwards AFB Environmental Office. All current directives regarding recycling and disposal of used materials must be followed AFI 32-7086 available at http://www.e-publishing.af.mil/.

8.. NAFI - Furnished Property and Services.

a. Facilities: The NAFI shall furnish and/or make available facilities.

b. Maximum Seating Capacity: 110 people

c. The site plan is attached as a separate document (See Tab D1)

i. Changes to the interior of the facility may be done at Concessionaire expense and must be approved by the 412 FSS Commander/Director or Base Civil Engineering Squadron prior to being made.

8. Services:

a. Custodial Services: The Concessionaire will provide custodial services for the High Desert Bowling Alley in building 5214 to include storage areas. Operation to include, but not limited to, all customer areas, preparation rooms, dishwashing room, storage rooms/areas and closets, back office, refrigerators and freezer. Public Health and housekeeping standards shall be maintained by the Concessionaire.

b. Refuse Collection: The NAFI shall furnish refuse collection services at central collection points. The Concessionaire shall be responsible for keeping dumpsters secure to prevent foreign objects and debris (FOD) from blowing away from the central collection point. The Concessionaire shall also be responsible for clean-up of all FOD not contained in the central collection point at no cost to the NAFI.

c. Insect and Rodent Control: The NAFI shall provide insect and rodent control at the coffee shop and storage room. The Concessionaire shall notify the Building 5214 Manager (COR) of any suspected insect infestations.

d. Security-Police and Fire Protection: Call phone number 911 from a base phone and (661) 277-3340.

9. Termination: Notwithstanding the clause titled "Termination for Convenience" of the General Provisions relative to termination of this Concessionaire contract, it is mutually agreed that this Concessionaire contract may be terminated in whole or in part by either party:

a. Immediately on written notice to the other party in the event of breach of this Concessionaire contract by the other party.

b. On 1-day notice in writing to the other party. No liability ensues to either party for terminations rendered pursuant to this subparagraph b.

10. Actions To Be Taken Upon Termination (Including Expiration). Concessionaire shall promptly settle its account with the NAFI, including payment in full of all amounts due, yield up the facilities and all NAFI furnished property, clean and leave premises in as good order and condition as when received (exceptions are damages due to acts of God or the US Government, and ordinary wear and tear); surrender all installation passes, decals, and so forth, and complete satisfactory settlement of all customer complaints and claims. Termination of the Concessionaire contract does not release the Concessionaire from the obligation to satisfactorily settle customer complaints and claims. The Concessionaire shall promptly remove all Concessionaire owned fixtures and supplies. On failure to remove the Concessionaire’s property, the Contracting Officer may cause Concessionaire’s property to be removed and stored in a warehouse at the Concessionaire’s expense. If the Concessionaire is indebted to the NAFI, the Concessionaire authorizes and empowers the Contracting Officer to take possession of the Concessionaire’s property and dispose of same by public sale without notice, and out of the proceeds of sale, satisfy all costs and indebtedness to NAFI.

11. Indebtedness:

a. The Concessionaire shall pay promptly and in accordance with the terms all indebtedness incurred in connection with the performance of this Concessionaire contract.

b. The NAFI may charge the Concessionaire for a dishonored check received from the Concessionaire, except when the bank acknowledges the return to be the result of bank error or the return is the result of a NAFI error. The amount charged by the NAFI will not exceed the administrative amount normally charged NAFI customers for dishonored checks.

12. Packaging/Price Marking. The Concessionaire shall furnish, at its own expense, suitable bags, "sold" labels, and so forth, for securing a customer’s purchase. If required, the packaging will be approved by the Contracting Officer. All items shall be marked to reflect the selling price.

13. Claims by Concessionaire. No claim by the Concessionaire relating to this Concessionaire contract may be considered by the Contracting Officer unless such claim is submitted in writing to the Contracting Officer not later than 90 days after the effective date of termination or expiration of this Concessionaire contract. This clause does not extend the period for filing claims where specifically limited by another clause.

14. Nonwaiver of Defaults. Any failure by the Contracting Officer to enforce or require strict performance of any terms or conditions of this Concessionaire contract will not constitute a waiver, and will not affect or impair such terms and conditions in any way or effect the right of the Contracting Officer at any time to avail itself of such remedies as it may have for breach or breaches of such terms and conditions.

15. Trade Fixtures and Supplies. The Concessionaire shall furnish, at its expense, all trade fixtures and supplies required for performance of this Concessionaire contract.

16. Quality/Warranty. All products authorized for the Concessionaire to sell will be marketable and sufficient for use intended, and not be "seconds" as the term is usually understood in the trade. All items will be acceptable to the customer and the Contracting Officer and will be subject to inspection and test for workmanship and quality at all times by the Contracting Officer or designee. Any item found to have a latent defect(s) may be returned to the Concessionaire for replacement or refund as determined by the Contracting Officer.

17. Customer Complaints, Claims, and Refunds. The Concessionaire agrees to adhere to the NAFI policy of customer satisfaction guaranteed and shall be responsible for refunds to customers due to customer dissatisfaction with an item or due to overcharges. All customer complaints, claims, and refunds will be resolved and made at Concessionaire’s expense. Any disagreement that cannot be resolved between Concessionaire and the customer will be referred to the Contracting Officer, whose decision will be final and not subject to the Disputes clause. If the Concessionaire fails to process complaints or claims and make refunds in a timely manner, the NAFI may settle customer complaints or claims and make such refunds, and charge the settlement cost to Concessionaire’s account.

18. Internal Controls of Charge-Card Sales:

a. Concessionaire shall establish internal control procedures consistent with provisions of this Concessionaire contract for a complete and accurate accounting of all transactions.

b. Concessionaire may accept national charge cards customarily recognized in their commercial trade for customer payment of purchases. Concessionaire is responsible for the payment of any fees, charge backs, and other arranged costs levied by the charge-card-issuing companies.

c. The Contracting Officer, or designee, may conduct inspections considered necessary to ensure strict compliance by the Concessionaire with all provisions of this Concessionaire contract.

19. Utilities. The NAFI will furnish for use of the Concessionaire sufficient quantities and the following described items: Common services to include fire, police, trash, and utilities (gas, water and electric). Collection of utilities within each fiscal year will be based on availability of funds and will be subject to wing commander approval.

a. Electric Max Load – The maximum electric capability of the building is 100kw.

b. Max HVAC BTU (head) load – The cooling capacity is 10 tons and the heating is 250,000 btu

NOTE: If the Concessionaire is required to reimburse the United States Government for utilities furnished, then the rates are set by the installation commander and agreed to by both parties.

20. Premises. The assignment of space is revocable and is not construed as the creation of tenancy. Concessionaire is liable for any damage to or loss of the premises and NAFI furnished property or injury to persons resulting from acts or omissions of Concessionaire, its employees, or agents, whether or not covered by insurance. Sublet of any of the premises assigned or assignment to another concession is not authorized. Use of the premises and NAFI furnished property for any purpose other than those specifically set forth herein is prohibited. Concessionaire shall not make any alterations in the facilities provided without prior authorization from the Contracting Officer manager. Concessionaire shall comply with installation fire and safety regulations, and applicable health and sanitation regulations. Concessionaire shall post or display on the premises any sign furnished by the NAFI.

21. Taxes:

a. Concessionaire assumes complete and sole liability for all Federal, State, host country, and local taxes applicable to the property, income, and transactions of the Concessionaire, and where required by applicable laws and regulations, shall collect and remit to the State applicable sales taxes. Where required by State law or regulation, the Concessionaire shall obtain and conspicuously display the State sales tax permit.

b. The Concessionaire warrants that the amount payable to the NAFI has not been reduced by the amount of any tax or duty from which the Concessionaire is exempt. If any such tax or duty has been included the pricing or consideration through error or otherwise, the contract pricing or consideration will be correspondingly reduced or adjusted. If for any reason after the contract date, the Concessionaire is relieved in whole or in part from the payment or the burden of any tax or duty included in the contract pricing or other consideration, the contract pricing and other consideration will be correspondingly reduced or adjusted.

22. Housekeeping:

a) Concessionaire shall be responsible for the housekeeping and cleaning of all assigned Rooms. This includes:

1) Clean all stains from carpeting, tables and chairs

2) Vacuum carpet

3) Remove trash daily from the hallways and rooms.

b) The Concessionaire is responsible for the housekeeping, sanitizing and clearning in accordance with Edwards Public Health Codes/Standards as follows:

1) Maintain proper food temperature controls, clean kitchen floors, walls, equipment and surfaces; food preparation and storage areas; dishwasher room, refrigerators and freezers.

2) Wipe down tables if soiled by food service

3) Remove trash daily from kitchen, storage rooms and other trash resulting from the food and beverage service. Use sealed garbage bags and dispose of in designated area.

4) Break down all boxes, etc in outside trash receptacles provided and keep trash cans and dumpster lids closed.

5) Wash/clean trash cans weekly.

23. Internal Controls: See “Special Provisions” (paragraph 11)

24. Operational Procedures: Provide a telephone answering machine for off-duty hours and temporary absences. Return all phone calls within 24 hours or the next duty day.

25. Equipment Maintenance:

c. Requirements: The Concessionaire is responsible for proper care of Government Furnished equipment listed in Special Provisions Tab B. The NAFI is responsible for the repair or replacement any of the equipment shown in Special Provisions Tab B.

Solicitation EDWA-F-12C0001 Special Provisions Tab A