Solicitation 09-R-0019.doc

Section SF 1449 - CONTINUATION SHEET

Ceramic Shop Concessionaire

FFP

This solicitation is for a Ceramic Shop Concession at Building 430 Sheppard AFB TX. The government will not be providing payment to the contractor. See the Performance Work Statement. The contractor will provide a monthly fee plus $100.00 for electricity usage to NAFI. This contract will be a 1-year basic with 4 1-year option periods.

Period of performance for Basic Year: 2 Aug 09 - 1 Aug 10

FOB: Destination

NSN: G003-CE-RAM-ICSS

MILSTRIP: FOX51N91110100

PURCHASE REQUEST NUMBER: FOX51N91110100

SIGNAL CODE: A

NET AMT

FFP

This solicitation is for a Ceramic Shop Concession at Building 430 Sheppard AFB TX. The government will not be providing payment to the contractor. See the Performance Work Statement. The contractor will provide a monthly fee plus $100.00 for electricity usage to NAFI. This contract will be a 1-year basic with 4 1-year option periods.

Period of performance for Basic Year: 2 Aug 10 - 1 Aug 11

FOB: Destination

NSN: G003-CE-RAM-ICSS

NET AMT

FFP

This solicitation is for a Ceramic Shop Concession at Building 430 Sheppard AFB TX. The government will not be providing payment to the contractor. See the Performance Work Statement. The contractor will provide a monthly fee plus $100.00 for electricity usage to NAFI. This contract will be a 1-year basic with 4 1-year option periods.

Period of performance for Basic Year: 2 Aug 11 - 1 Aug 12

FOB: Destination

NET AMT

FFP

This solicitation is for a Ceramic Shop Concession at Building 430 Sheppard AFB TX. The government will not be providing payment to the contractor. See the Performance Work Statement. The contractor will provide a monthly fee plus $100.00 for electricity usage to NAFI. This contract will be a 1-year basic with 4 1-year option periods.

Period of performance for Basic Year: 2 Aug 12 - 1 Aug 13

FOB: Destination

NET AMT

FFP

This solicitation is for a Ceramic Shop Concession at Building 430 Sheppard AFB TX. The government will not be providing payment to the contractor. See the Performance Work Statement. The contractor will provide a monthly fee plus $100.00 for electricity usage to NAFI. This contract will be a 1-year basic with 4 1-year option periods.

Period of performance for Basic Year: 2 Aug 13 - 1 Aug 14

FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

01-AUG-2010

CINDY PERPICH

136 K AVENUE, SUITE 2, BLDG 1664

SHEPPARD AFB TX 76311

940-676-4810

FOB: Destination

FOX51N

01-AUG-2011

FOX51N

01-AUG-2012

FOX51N

01-AUG-2013

FOX51N

01-AUG-2014

FOX51N

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is -------------- [insert NAICS code].

(2) The small business size standard is -------------- [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

(__) Paragraph (d) applies.

(__) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business).This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvi) 52.225-4, Buy American Act--Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification.

(xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

(Contracting Officer check as appropriate.)

----(i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.

------(ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.

------(iii) 52.219-22, Small Disadvantaged Business Status.

------(A) Basic.

------(B) Alternate I.

------(iv) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

------(v) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

------(vi) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification.

------(vii) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

------(viii) 52.223-13, Certification of Toxic Chemical Release Reporting.

------(ix) 52.227-6, Royalty Information.

------ (A) Basic.

------ (B) Alternate I.

------(x) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below (offeror to insert changes, identifyingchange by clause number, title, date). These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of Provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government. The following factors shall be used to evaluate offers:

Proposals will be evaluated as follows:

1. Percentage rate of return to NAFI.

2. Past performance for similar service or events.

The elements above are of equal importance.

Please submit name, address, and telephone numbers of at least 3 references to the Contracting Officer with your proposal.

(End of provision)

PWS AND PROVISIONS

PERFORMANCE WORK STATEMENT

NAF CERAMIC/CRAFT SHOP

Sheppard AFB TX

1. DESCRIPTION OF WORK

The purpose of this Performance Work Statement (PWS) is to describe contractor services to operate a fully stocked Ceramic/Craft Shop at Sheppard AFB.

No appropriated funds of the United States will become due or be paid to a Contractor by reason of this contract. Monthly payment of a fee from sales of concessions will be payable to the Non-Appropriated Funds Instrumentality (NAFI) by the 5th of each month. The contract will be administered by the 82d Contracting Squadron on behalf of the NAF Purchasing Office.

2. CONTRACTOR RESPONSIBILITIES

2.1 Operation of Concession:

2.1.1. The Contractor will be responsible for all equipment associated with opening and operating the Ceramic/Craft Shop.

2.1.2. The Contractor will maintain all trade fixtures, labor, machines, equipment, tools of the trade and supplies necessary for the performance of this contract at the Contractor's expense.

2.1.3. Contractor will be responsible for all cleaning and maintenance of the contractor’s area to ensure compliance with all public health requirements.

2.1.4 Contractor will be responsible for keeping the Ceramic Shop open a minimum of forty (40) hours a week, and a minimum of five days a week. This includes evenings and weekends. It is the Contractor’s discretion to set the schedule to meet minimum operating requirements. Hours are subject to change and all changes should be in coordination with Community Support Flight Chief (CSFC). The Contractor may open for service on federal holidays, but is not required to do so.

2.2. Contractor Concessions

2.2.1 Contractor will be responsible for providing free classes and hands-on instruction for all patrons, and free project storage for all patrons. There will be no shop fees for patron’s use of the Ceramic Shop

2.2.2 Contractor will be responsible to keep a full line of glazes, paints, tools, brushes and novelty items needed to complete ceramic projects, and provide ceramic firing on a daily basis.

2.2.3 Contractor will be responsible for keeping GreenWare items for sale at all times. Demanding customers order a piece of GreenWare based on the existence of a mold will not be practiced.

2.2.4 Contractor will be responsible for providing a display listing all items and services offered for sale with pricing which includes all applicable taxes in the price. There will be a professional display of products for customers, which will include a clearly visible price for each item.

2.2.5 Contractor will be responsible for all equipment, parts, and materials. Services supplied by the Contractor will conform to applicable safety and health standards as established in the Code of Federal Regulations, Title 29, Chapter XVII, Occupational Safety and Health Act of 1988. The Government reserves the right to approve or disapprove any machine or appliance used by the Contractor.

2.2.6 The contractor will sell products sufficient for the use intended, which are not "seconds" as the term is typically understood in the trade. Products will be, at a minimum, equal to products provided by first quality commercial establishments. All items will be subject to inspection by the Contracting Officer, COR, or other authorized Government personnel.

2.3 Standards and Regulations

2.3.1 The contractor will obtain all permits, give all necessary notices, pay all license fees and comply with all municipal, state, and national laws, rules, ordinances and regulations.

2.3.2 The contractor will comply with any federal or military publication relating to public health or otherwise relevant to this contract. Publications include, but are not limited to:

2.3.3 The contractor will allow authorized public health authorities, or other authorized personnel to inspect the contractor at any time or during any function to ensure compliance with health code regulations.

2.3.4 The contractor will immediately correct any health hazards or discrepancies as identified by the regulatory authority, and cease operation of the unit until such health hazards or discrepancies are corrected. If correction cannot be accomplished immediately, the contractor will notify the CSFC of the situation, and the contractor will follow any direction as specified by the CSFC. or public health official.

2.3.5 The contractor will return the work site to safe, clean and secure status upon completion of daily operations in compliance with safety standards and regulations.

2.3.6 The contractor will dispose of all refuse and/or recyclable materials using proper receptacles located in or near the facility as identified by the CSFC.

2.3.7 The contractor will assume complete and sole liability for all national, state and local taxes applicable to the property, income and/or transactions of the concession.

2.4 Personnel

2.4.1 The contractor will request installation passes (including vehicle passes), permits, and security clearances as applicable. The necessary applications for vehicle passes can be obtained through coordination with the NAF Contracting Officer. Vehicle passes will be obtained prior to opening of the unit.

2.4.2 The contractor will ensure that personnel give prompt and courteous treatment to customers. The contractor will ensure that all personnel are neatly dressed and meticulous in their personal grooming at all times. Clothing bearing the name and/or logo of the contractor is allowed. Each employee on duty must display a badge bearing the employee's name and the company name. The Government is not responsible to reimburse the contractor directly or indirectly for the cost of employee attire or identification. Contractor personnel are expected to maintain professional and courteous behavior at all times. The contractor will remove from the concession, upon request of the CSFC, any agent or employee of the contractor if the conduct of such person, while on duty, is contrary to proper performance of the contract.

2.4.3 The contractor will provide to the CSFC the name and telephone number(s) of the person who will be on call in emergency situations at least two weeks prior to opening the unit for business.

2.4.4 The contractor will furnish a sufficient number of trained employees for the efficient performance of this contract and provide all personnel necessary to successfully perform the services contracted for herein. All personnel must be trained in utility conservation practices. The Contractor is responsible for operating under conditions that preclude the waste of utilities.

2.5 Insurance Requirements

2.5.1 The contractor will obtain and maintain in force insurance for all non-Government property and merchandise owned or used by the contractor in the operation of the concession against theft, fire, storm, flood and damage or destruction through any force of nature or in lieu thereof. The contractor will obtain liability insurance commensurate with the risk of the concession and will furnish proof of such to the Contracting Officer at least two weeks prior to opening the unit and on an annual basis thereafter. The Government is not liable for losses, damage or destruction to the contractor's property as identified herein.

2.6 Revenue

2.6.1 When service is rendered, the customer will provide payment to the contractor immediately for service. The contractor staff will record all sales on a Cash Register System to be provided by the contractor. When each sale is made, the customer must be given a cash register receipt. The contractor must provide monthly copies of the cash register tapes to the NAFI office.

2.6.2 The contractor is responsible paying the NAFI representative promptly the amount specified in the Schedule of Fees.

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

3. CONTRACTOR RESTRICTIONS:

3.1 Contractor will not leave cash on the premises during non-operational hours unless it is safeguarded in accordance with AFI 34-202 and Services Operating Instruction 34-101, Internal Controls and Protection of Cash and other Assets

3.2 Contractor will not represent or permit itself to be represented to the public as an agent or employee of the NAFI, the U.S. Air Force or the U.S. Government on any letters, bills, signs and other means of correspondence or advertising.

3.3 Contractor will not sell or remove any property that is owned by the NAFI, or the U.S. Government and is used in the operation of the concession.

3.4 Any contractor-provided fixtures that are adjoined to real property, i.e. counters, cabinets, and affixed shelving, will become Government property.

3.5 Contractor will not engage in or permit gambling or possession or use of any gambling device on the concession premises of Sheppard AFB.

3.6 Contractor will not sell, deal in or otherwise possess or transfer, on the installation, any form of intoxicating liquors or narcotics.

3.7 Contractor will not loan money to or borrow money from customers or others including all federal and military personnel and their families and guests.

3.8 Contractor will not sell merchandise or services for anything other than US currency.

3.9 Contractor will not sell merchandise or services on IOU.

3.10 Contractor will not give or offer to give to any officer or employee of the NAFI, or any other part of the federal government, any gift, privilege, special benefit, discount, or anything of material or personal nature whereby the individual or employee would receive preferential treatment.

4. NAFI/GOVERNMENT RESPONSIBILITIES (Government Furnished Equipment, Property and Services)

4.1 The Government will provide an area of Bldg. 430 behind the gate for establishment of the Ceramic Shop. The area will include necessary drainage, water supply, and electricity for the operations of the concession. Additional space for use as a seating area may be made available at the Facility Manager's discretion.

4.2 The Government will furnish utilities to the Contractor area for lighting, heating, drinking, sanitation and the operation of suitable support equipment.

4.3 The Government will provide Security Force and Fire response services at no cost to the Contractor. The Contractor will call 911 to report emergency situations.

4.4 The Contractor will have their own telephone installed and pay for the installation and service of that telephone.

4.5 The Government will provide two kilns, An inventory of government furnished equipment must be done no later than 10 calendar days before start of the contract. Items of equipment missing or not in working order will be recorded and the NAFI notified in writing.

4.6 The Government will provide advertising support through the Whirlwind Services Magazine All Contractor initiated advertising, will be at the contractors expense.

5. PERIOD OF PERFORMANCE

The period of performance includes construction and startup time allowances. The base year of performance will begin from date of contract award and end 12 months from the date of award with an option for renewal on a year-to-year basis for 4 years.

IAW FAR Clause 52.217-8, Option to Extend Service, the Government may extend the term of this contract utilizing options years. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of the option period.

IAW FAR Clause 52.217-9, Option to Extend the Term of the Contract, The Government may extend the term of the contract by first providing written notice to the Contractor within 30 days, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

6. CUSTOMER COMPLAINTS, CLAIMS AND REFUNDS

6.1 The Contractor will adhere to the NAFI policy of customer satisfaction guaranteed IAW AFI 34-208 and will be responsible for refunds to customers resultant from customer dissatisfaction with an item or overcharging.

6.2 All customer complaints, claims and refunds will be resolved at the Contractor's expense.

6.3 Disagreements that cannot be resolved between the Contractor and the customer will be first referred to the CSFC. If the matter is still not resolved, the situation is then to be referred to the Contracting Officer for resolution.

6.4 The Contracting Officer's determination of resolution is final and the dispute is not subject to the FAR disputes clause or language therein.

6.5 The Government reserves the right to settle customer complaints or claims which are not settled by the Contractor in a timely manner and to demand reimbursement from the Contractor for the costs.

6.6 Repeated bad faith on the part of the Contractor in resolving customer complaints and claims may result in termination of the contract for cause.

7. CONTRACT TERMINATION / EXPIRATION

7.1 This contract is automatically terminated in the event the NAFI is dissolved, and the Contractor will be given a 30-day notice.

7.2 In the event that this contract is terminated, Contractor will:

7.2.1 Promptly settle its account with NAFI, including payment in full of all amounts due.

7.2.2. Promptly remove all Contractor furnished trade fixtures, tools of the trade and supplies, including corporate identification such as signage, etc. Structures, fixtures, appliances, etc. affixed to Government property will become Government property upon installation and are not subject to removal by the Contractor. This includes, but is not limited to, any structure built within the area provided by the Government; sinks, water heaters or other appliances attached to or integral to the structure. The discretionary authority is the NAFI.

7.2.3. Return the cleaned facilities and all NAFI furnished property in as good order and condition as when received subject to normal wear and tear; and

7.2.4. Surrender all base passes, vehicle decals, etc. to Contracting Officer.

7.3 Termination of this contract does not release the Contractor of its obligation to satisfactorily settle customer complaints and claims.

8. CLAIMS BY CONTRACTOR

8.1 Claims by the Contractor must be submitted in writing to the NAFI no later than 90 days after the effective date of termination or expiration of this contract.

9. PAYMENTS TO NAFI

9.1 Payments to the NAFI will be a predetermined monthly fee. Payment of fees due the NAFI must be made monthly and must be received by the NAFI no later than noon on the 5th of each month. If the 5th falls on a weekend or federal holiday where the facility is closed or the designated NAFI representative is not available, payment will be made on the next business day following the 5th.

9.2 NAFI may charge the Contractor for a dishonored check received from the Contractor except when the bank acknowledges the return of the check to be resultant from bank or NAFI error. The amount charged by the NAFI will not exceed the administrative amount normally charged NAFI customers for dishonored checks. The NAFI may require payment in cash, certified check or cashier's check at the Contractor's expense.

9.3 A daily receipts ledger along with copies of the end of day receipts and/or AF Form 2555 must accompany the payment of fees every month.

CONCESSIONAIRE CONTRACT FORMAT

Contract No._____________

ARTICLE I:

That:

1. This Concessionaire contract by and between the 82D CONTRACTING SQUADRON hereinafter referred to as the NAFI, and __________________________, hereinafter referred to as the Concessionaire, is for the Concessionaire to provide a Ceramic Shop to authorized patrons at assigned space at Sheppard AFB Building 430 for a period of 12 months, beginning 2 August 2009 and ending 1 August 2010. The hours of operations of this concession will be the same as those of the NAFI where the Concessionaire has been assigned space or as specified in writing by the Contracting Officer. The NAFI will furnish for use of the Concessionaire the following described items: See Performance Work Statement, Section 4, NAFI/Government Responsibilities.

2. Concessionaire will pay the NAFI a sum equal to a predetermined monthly fee in the amount of ($_____) plus a $100.00 monthly fee for electricity. Payment of fees due the NAFI must be made monthly, and submission of the Concessionaire Settlement Report.

ARTICLE II. The Concessionaire must:

1. Provide products or services of a quality satisfactory to the NAFI manager or their duly authorized representative.

2. Before beginning performance under this agreement, the Concessionaire will submit a 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.

3. At Concessionaire's expense, obtain all permits, give all necessary notices; pay all license fees; and comply with all municipal, perfectural, 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, and so forth, as implemented by Air Force directives and required by law.

5. Comply with all memoranda, bulletins, and letters of instruction issued by or in behalf of the NAFI manager or their duly authorized representative.

6. Keep the concession area clean, orderly, attractive, secure, and in a safe and sanitary condition to the satisfaction of the NAFI managers.

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 provides employees clean uniforms or, when uniforms are not required, ensures that all clothing worn by employees is clean and in good condition at all times. A nameplate must be worn.

9. Remove from employment in the concession, on the request of the NAFI manager, any servant, agent, or employee of the Concessionaire if, in the opinion of the NAFI manager 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 for all non‑Government 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.

13. Maintain a Cash Collection Record, showing all income received, in accordance with instructions from the NAFI. Any failure by the Concessionaire, its servants, employees, or agents, to enter all monies received on control sheets will be cause for immediate cancellation of this contract.

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. Sell merchandise or services on credit.

8. 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 by the installation commander, will have the right to inspect or audit the accounts and methods of internal control established by Concessionaire, and to make such inspection or audits 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 (__) days (__) months by mutual agreement of the parties in writing, subject to approval in the same manner as this instrument.

3. This contract is automatically terminated in the event the NAFI is dissolved.

4. Any monies due and payable to the NAFI from the Concessionaire on the date of this contract must be paid in full or will remain due and payable until final settlement.

CONTRACTUAL CONTENTS: This contract consists of the following documents:

a. Schedule (articles I-IV..................... Pages_16_ thru_18__)

b. Special Provisions

c. General Provisions

d. Performance Work Statement

FOR THE NAFI:

FOR THE CONCESSIONAIRE:

Signature of Contracting Officer

Signature of person authorized to sign contract

Type or print name Type or print name

Address and phone number Date Address and phone number Date

SPECIAL PROVISIONS

(CONCESSIONAIRE CONTRACT)

1. Additional Definitions. The terms Concessionaire and Contractor are used synonymously and mean the individual, partnership, corporation, or other entity which is a party to this contract and who is responsible for all actions and applicable regulations and performance thereunder.

2. Actions To Be Taken Upon Termination (Including Expiration). Concessionaire will 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 will 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.

3. Indebtedness:

a. The Concessionaire will 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.

4. Packaging/Price Marking. If required by the Contracting Officer, the Concessionaire will 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 will be marked to reflect the selling price.

5. 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.

6. Nonwaiver of Defaults. Any failure by the NAFI 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 NAFI at any time to avail itself of such remedies as it may have for breach or breaches of such terms and conditions.

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

8. 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.

9. Customer Complaints, Claims, and Refunds. The Concessionaire agrees to adhere to the NAFI policy of customer satisfaction guaranteed and will 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.

10. Internal Controls of Charge-Card Sales:

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

b. Each sale will be recorded at the time sale is made. The form will be prepared in duplicate, reflecting the applicable sales data, and signed by the customer. The original of the completed form is attached to the Concessionaire Settlement Report and submitted to the supporting NAFI accounting office. The duplicate copy is retained by the Concessionaire.

c. 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.

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

11. Concessionaire Settlement Report. At the conclusion of the sales period or as specified by the Contracting Officer, Concessionaire will prepare a Concessionaire Settlement Report signed by the Concessionaire showing the gross sales for the period and percent due the NAFI, and give the NAFI the fees due for that period. The original of the form reflecting sales data will be attached. AF Form 2555 is the preferred form to be used.

12. Utilities. The NAFI will furnish sufficient quantities of space, heat, water, and electricity to satisfy the normal needs of Concessionaire for lighting, heating, drinking, sanitation, and the operation of suitable support equipment.

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.

13. 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 will not make any alterations in the facilities provided without prior authorization from the NAFI manager. Concessionaire will comply with installation fire and safety regulations, and applicable health and sanitation regulations. Concessionaire will post or display on the premises any sign furnished by the NAFI.

14. 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, will collect and remit to the State applicable sales taxes. Sales taxes, which have been collected, are excluded from the computation of gross receipts in the determination of the fee payable to NAFI. The amount of taxes excluded will not exceed the actual sum payable to the State. Where required by State law or regulation, the Concessionaire will 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.

GENERAL PROVISIONS

l. DEFINITIONS (JAN 2005) - As used throughout this contract, the following terms and abbreviations have the meanings set forth below:

a. The term "contract" means this agreement or order and any modifications hereto.

b. The abbreviation "NAFI" means Nonappropriated Fund Instrumentality of the United States Government.

c. The term "Contracting Officer" means the person executing or responsible for administering this contract on behalf of the NAFI, which is a party hereto, or their successor or successors.

d. The term "Contractor" means the party responsible for providing supplies and/or services at a certain price or rate to the NAFI under this contract.

e. The abbreviation “FAR” means Federal Acquisition Regulation.

2. DISPUTES (NOV 2005)

a. Except as otherwise provided in this contract, any dispute or claim concerning this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall state his decision in writing and mail or otherwise furnish a copy of it to the Contractor. Within 30 days from the date of receipt of such copy, the Contractor may appeal by mailing or otherwise furnishing to the Contracting Officer a written appeal addressed to the Armed Services Board of Contract Appeals, and the decision of the Board shall be final and conclusive; provided that if no such appeal is filed, the decision of the Contracting Officer shall be final and conclusive. The Contractor shall be afforded an opportunity to be heard and to offer evidence in support of any appeal under this clause. Pending final decision on such a dispute, however, the Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the Contracting Officer unless directed to do otherwise by the Contracting Officer.

b. A claim by the Contractor shall be made in writing and submitted to the Contracting Officer for a written decision. Contractors shall provide the certification specified below when submitting any claim. Any person duly authorized to bind the Contractor with respect to the claim may execute the certification.

“I certify that the claim is made in good faith; that the supporting data is accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify on behalf of the Contractor.”

c. This "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph "a" above, provided, that nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law.

3. LAW GOVERNING CONTRACTS (JAN 2005) - In any dispute arising out of this contract, the decision of which requires consideration of law questions, the rights and obligations of the parties shall be interpreted and determined in accordance with the substantive laws of the United States of America.

4. LEGAL STATUS (JAN 2005) - The NAFI is an integral part of the Department of Defense and is an instrumentality of the United States Government. Therefore, NAFI contracts are United States Government contracts; however, they do not obligate appropriated funds of the United States.

5. EXAMINATION OF RECORDS (JAN 2005) - This clause is applicable under contracts that are entered into by means of negotiation and where price and costing data are required to support a determination of price reasonableness. This clause does not apply to commercial items or when the Contracting Officer determines that prices agreed upon are based on adequate price competition. The Contractor agrees that the Contracting Officer or his duly authorized representative shall have the right to examine and audit the books and records of the Contractor Modified as of 10 Sept 07 directly pertaining to the contract during the period of the contract and until the expiration of three years after the final payment.

6. ASSIGNMENT (JAN 2005) - The Contractor or its assignee’s rights to be paid amounts due as a result of performance of this contract, may be assigned. No assignment by the Contractor, assigning its rights or delegating its obligations under this contract will be effective and binding on the NAFI until the written terms of the assignment have been approved in writing by the Contracting Officer.

7. GRATUITIES (JAN 2005)

a. The NAFI may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this contract if it is found, after notice and hearing, by the Secretary of the Air Force or their duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Contractor, or any agent, or representative of the Contractor, to any officer or employees of the Government or the NAFI with a view toward securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such contract.

b. In the event this contract is terminated as provided in paragraph "a" hereof, the NAFI shall be entitled (i) to pursue the same remedies against the Contractor as it could pursue in the event of a breach of contract by the Contractor, and (ii) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Secretary of the Air Force or their duly authorized representative) which shall be not less than three nor more than ten times the cost incurred by the Contractor in providing any such gratuities to any such officer or employee.

c. The rights and remedies of the NAFI…