Solicitation FA4416-10-T-0001.pdf

316TH CONTRACTING SQUADRON

1535 COMMAND DRIVE, STE E210

JB ANDREWS NAF WASHINGTON MD 20762-6500

SEE CONTACT INFO

SEE CONTACT INFO

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

$7.0 MIL

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

FA4416-10-T-0001 20-Oct-2009

b. TELEPHONE NUMBER

301-981-6050

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 17 Dec 2009

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

FA4416

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE FOX15N 16. ADMINISTERED BY

316TH FORCE SUPPORT SQUADRON

JAMES CAMPBELL

BOWLING CENTER

BLDG 1672

JB ANDREWS NAF MD 20762

TEL: 301-981-9330 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

AVA K. EPPS

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

722211

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

2 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

FA4416-10-T-0001

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS TO OFFERORS ADDENDUM

1. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

2. PROPOSAL PREPARATION INSTRUCTIONS

A. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. The proposal must be complete, self‐sufficient, and respond directly to the requirements of this solicitation. The responses shall consist of two (2) separate parts; Part I – Price Proposal, Part II – Past Performance Information.

B. Specific Instructions:

1. PART I – PRICE PROPOSAL – Submit an original and one (1) copy.

(a) Complete blocks 12, 17a, 30a, 30b and 30c of the SF 1449 in doing so, the offeror accedes to the contract terms and conditions as written in the SOLICITATION. The SOLICITATION constitutes the model contract.

(b) Insert proposed unit and extended prices in the pricing schedule. The proposal(s) must be submitted for a base year plus four (4) Option Years.

(c) Complete the necessary fill‐ins and certifications in provisions. The Representations, Certification, and other Statement of Offerors or Quotes provisions shall be returned along with the proposal.

2. PART II – PAST PERFORMANCE INFORMATION – Only references for same or similar type contract desired. Submit original and one (1) copy.

(a) Quality and Satisfaction Rating for Contracts Completed in the Past Five (5) Years. Provide information currently available (letters, metrics, customer surveys, independent surveys, etc.), which demonstrates customer satisfaction with overall job performance and quality of completed product for same or similar type contract. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems such as cost overruns, extended performance periods, numerous warranty calls, etc.

(b) Past Performance Surveys: The NAFI will evaluate the quality and extent of offeror’s performance deemed relevant to the requirement of this solicitation. The NAFI will use information submitted by the offeror and other sources such as other Federal government offices and commercial sources, to assess performance. Provide a list of 3‐5 of the most relevant contracts performed for Federal & Local agencies and commercial customers within the last 5 years. The list shall include the Company’s Name, Point of Contact name, phone number, and email address. Relevant contracts include contracts for operation of food and beverage concessionaire at magnitude similar to the requirements of this solicitation. The evaluation of past performance information will not take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition. Furnish the following information for each contract referenced:

(i) Company/Division name

(ii) Product/Service

(iii) Contracting Agency/Customer

(iv) Contract Number

(v) Contract Dollar Value

(vi) Period of Performance

(vii) Verified, up‐to‐date name, address, FAX & telephone number of the contracting officer

(viii) Comments regarding compliance with contract terms and conditions

(ix) Comments regarding any known performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions.

If a teaming arrangement is contemplated, provide complete information as to the arrangement, including any relevant and recent past/present performance information on previous teaming arrangements with same partner. If this is a first time joint effort, each party to the arrangement must provide a list of past and present relevant contracts.

(c) Subcontractor Consent: Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. Provide with the proposal a letter from all subcontractors that will perform major or critical aspects of the requirement, consenting to the release of their past performance information to the prime contractor.

(d) Documents submitted in response to this solicitation must be fully responsive to and consistent with the following:

(i) Requirements of the solicitation (Item Numbers) and Statement of Work (SOW) and NAFI standards and regulations pertaining to the SOW.

(ii) Evaluation Factors for Award.

3. General Information

(a) INFORMATION REGARDING SUMBMISSION OF PROPOSAL: Proposals shall be in the contracting office at the address below no later than the due date and time.

316th Contracting Squadron Attn: Ava Epps, Contracting Specialist 1535 Command Drive Suite E202 JB Andrews‐NAF Washington, MD 20762

Offerors are cautioned that Joint Base Andrews‐NAF Washington, MD has visitor control procedures requiring individuals not affiliated with the installation to obtain a visitor pass prior to entrance. SOME DELAY SHOULD BE ANTICIPATED WHEN HANDCARRYING PROPOSALS. Offerors should allow sufficient time to obtain a visitor pass and arrive at the Contracting Office PRIOR to the time specified for receipt.

Late proposals will be processed in accordance with FAR 52.212‐1(f) “Late submission, modifications, revisions, and withdrawals of offers.”

FEDERAL HOLIDAYS: The following Federal Legal Holidays are observed by this base:

New Year’s Day 1 January Martin Luther King’s Birthday Third Monday in January Presidents Day Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December.

STATEMENT OF WORK

Performance‐Based Work Statement 316 Force Support Squadron Bowling Center

Andrews AFB, MD 20762

1. PROGRAM OBJECTIVE:

Contractor (Concessionaire) shall provide a concessionaire stand with food and beverage items to service patrons on Andrews AFB, MD. Concessionaire will provide all necessary labor, equipment, supplies, food and beverage in performance of this service.

ARTICLE I:

That:

1. The 316 Force Support Squadron Bowling Center, a Non‐Appropriated Fund Instrumentality (NAFI), is requesting a concessionaire contract with a privately or commercially owned company. The concessionaire will operate a self sustaining concession stand, Monday through Saturday, 1100 hours to 2000 hours, excluding scheduled or unscheduled closures based on federal holidays, Joint Services Open House (air show), inclement weather,or security interest. Concessionaire will be located in the bowling center and utilize the existing snack bar with full use of installed equipment.

2. Concessionaire will pay the NAFI a sum of $_______ per month flat fee. Payment of fees due the

NAFI must be made monthly by the 5th working day of the month.

ARTICLE II:

The Contractor must:

1. Provide products and services of a quality satisfactory to the NAFI manager or his or her duly authorize representative.

2. Before beginning performance under this agreement, the Concessionaire will submit a listing of items, with the 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. The Concessionaire is responsible for obtaining all permits, give all necessary notices; pay all license fees; and comply with all municipal, perfectural, and national laws, rules, ordinances, regulations, and any publication published by the military relating to public health or applicable to the business carried on under this agreement and assume compete and sole liability for all national, state, and local taxes applicable to the property, income, and transactions of the concession. The Concessionaire is responsible for bid costs associated with the requirements of this paragraph.

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

5. Obtain insurance for all non‐government property and merchandise used by the Concessionaire in the operation of the service 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 provide proof of insurance to the Contracting Officer.

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

a. The Concessionaire must conform to established regulations and guidance concerning sanitation of quick food services and hygiene of employees. The Concessionaire will also comply with all safety directives to insure a safe workplace for both employee and customer.

b. The NAFI will not be responsible for any job related accidents of any employee of the

Concessionaire while working in the snack bar facility. The Concessionaire will be fully responsible for injury which may occur to customers while utilizing the snack bar facility. The Concessionaire will attempt to resolve or settle claims for injuries to people and damage to property in accordance with the applicable law.

7. Keep the cooking and eating areas clean, orderly, attractive, secure, and in a safe and sanitary condition to the satisfaction of the NAFI managers or their duly authorized representative.

Concessionaire is subject to regularly unscheduled evaluations from the base environmental health inspectors and must maintain a satisfactory rating at all times.

8. Employ only persons who meet the health standards prescribed by law or regulations, which pertain to the jobs for which they are hired. Employees must wear plastic gloves and headgear at all times when preparing and servicing food. 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, 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. Concession must provide employees clean uniforms or, when uniforms are not required, ensures that all clothing worn by employees is clean, non offensive, and in good condition at all times. A nameplate must be worn by employees.

a. The Concessionaire will furnish sufficient staff to operate the snack bar facility during operating hours. Numbers of staff members may vary depending upon peak customer periods. The Concessionaire must be prepared to call in additional staff members if business so warrants.

b. The Concessionaire is responsible for actions of his/her employees at all times and will insure they are properly trained in customer service techniques and are aware of the performance standards that are expected of them.

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. Indemnify, save harmless, and defend the NAFI from and against any and all claims, demands, actions, debts, liabilities, and attorney’s fee arising out of, claimed on account of, or in any manner predicated on loss of or damage to the property of, and injuries to or death of any and all persons whatsoever, in any manner or caused or contributed to by the Concessionaire, his/her agents, servants, or employees while in, on, or about the military installation wherein the NAFI is located, or while departing from the same; and to indemnify and save harmless the NAFI from and on account of damages of any kind which the NAFI may suffer as the result of acts of negligence, fraud, or misconduct of any Concessionaire’s agents, servants, or employees.

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. Not Used.

14. Not Used

15. Provide all supplies, food and beverages to ensure that adequate stock is available during operation for concession stand. All food sold by the Concessionaire must be inspected by Base Environmental Health services inspectors at the time of delivery.

16. Offer, as a minimum, basic snack bar menu items such as hot dogs, hamburgers, cheese‐burgers, French fries, variety of sandwiches, chicken tenders, hot wings, variety of salads, etc.

17. Provide the concession unit with fire extinguishers and meet all standards established by the Base

Fire Department.

18. Provide NAFI with proof of fire insurance.

19. Allow the NAFI manager or Quality Assurance Evaluator access to concession area at any time to monitor the contractor’s performance.

ACTICLE III:

The contractor must not:

1. Request or permit itself to be represented to the public as an agent or employee of the NAFI by 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 part of the Federal Government and is used in the operation of the NAFI.

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 narcotics and/or alcoholic beverages with the exception of alcohol sales sold on premise.

5. Loan money 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. Sell merchandise or services on credit.

7. Give or offer to any officer or employee of 316th Services Squadron, or any other part of the Federal

Government, any gift, privilege, special benefits, discounts, or anything else of material or personal nature whereby the individual or employee would receive preferential treatment, when such is not available to the general public.

8. Sublet any of the premises assigned to it or assign to the concession, any part of the premises or any responsibilities under this contract.

9. Use the premises and facilities provided for any purpose other than those specifically set forth herein, or permits or acquiesces in any such unauthorized use by any of its agents, representative or employees.

10. At the completion of this contract, the equipment furnished by the NAFI shall remain in as good order and condition as when the Concessionaire began operations therein with the exception of ordinary wear.

ACTICLE 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 the Concessionaire, and to make such inspection or audits as may be considered necessary to ensure strict compliance by the Concessionaire with all provisions of this contract and with applicable Air Force regulations.

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

3. The NAFI will not be held financially liable for any actions, Acts of God to include (Hurricane, Earthquake, Lightning etc.), which might result in or cause a condition, which impacts on the operational hours or services provided by the Concessionaire.

4. All 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.

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 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 provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

8. TERMINATION FOR CONVENIENCE (JAN 2005) ‐ The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in the best interest of the NAFI. If this contract is for supplies and is so terminated, the Contractor shall be compensated in accordance with FAR, Sub Parts 49.1 and 49.2 in effect on this contract's date. To the extent that this contract is for services and is so terminated, the NAFI shall be liable only for payment in accordance with the payment provisions of this contract for services rendered prior to the effective date of termination, providing there are no Contractor claims covering nonrecurring costs for capital investment. If there are any such Contractor claims, they shall be settled in accordance with FAR, Sub Parts 49.1 and 49.2.

9. CANCELLATION BY MUTUAL AGREEMENT (JAN 2005) ‐ Should the situation warrant, the parties upon mutual agreement and no costs, may cancel this contract.

10. TERMINATION FOR CAUSE (JAN 2005)

a. (1) The NAFI may, subject to paragraphs (c) and (d) below, by written notice of cause to the Contractor, terminate this contract in whole or in part if the Contractor fails to‐

(i) Deliver the supplies or perform the service within the time specified within this contract or any Extension;

(ii) Make progress, so as to endanger performance of this contract (but see subparagraph (a)(2) below);or

(iii) Perform any of the other provisions of this contract (but see subparagraph (a)(2) below).

(2) The NAFI's right to terminate this contract under subdivisions (1)(ii) and (1)(iii) above, may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the Contracting Officer) after receipt of notice from the Contracting Officer specifying the failure.

b. If the NAFI terminates this contract in whole or in part, it may acquire, under the terms and in the manner the Contracting Officer considers appropriate, supplies or services similar to those terminated, and the Contractor will remain liable to the NAFI for any excess costs for those supplies or services.

However the Contractor must continue the work not terminated.

c. The Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (1) acts of God or of the public enemy, (2) act of the NAFI in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and; (9) unusually severe weather. Defaults by subcontractors at any tier for any reason do not constitute causes beyond the control and without the fault or negligence of the Contractor.

d. If this contract is terminated for cause, the NAFI may require the Contractor to transfer title and deliver to the NAFI as directed by the Contracting Officer, any

(1) completed supplies, and

(2) partially completed supplies and materials, parts, tool dies, jigs, fixtures, plans, drawings, information, and contract rights (collectively referred to as manufacturing materials in the clause) that the Contractor has specifically produced or acquired for the terminated portion of this contract. Upon direction of the Contracting Officer, the Contractor shall also protect and preserve property in its possession in which the NAFI has an interest.

e. The NAFI shall pay the contract price for completed supplies delivered and accepted. The Contractor and Contracting Officer shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes Clause. The NAFI may withhold from these amounts any sum the Contracting Officer determines to be necessary to protect the NAFI against loss because of outstanding liens or claims of former lien holders.

f. If, after termination, it is determined that the cause by the Contractor was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for convenience of the

NAFI.

g. The rights and remedies of the NAFI in this clause are in addition to any other rights and remedies provided by law or under this contract.

11. INSPECTION AND ACCEPTANCE (JAN 2005) ‐ Inspection and acceptance will be at destination, unless otherwise provided in this contract. Not withstanding the requirements for any NAFI inspection and test contained in specifications applicable to this contract, except where specialized inspections or tests are specified for performance solely by the NAFI, the Contractor, shall perform or have performed the inspections and tests required to substantiate that the supplies provided under the contract conform to the drawings, specifications, and contract requirements listed herein, including if applicable the technical requirements for the manufacturers' part numbers specified herein. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance.

The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. Acceptance of the supplies or services or a written notice of rejections must be accomplished on or before the fifth working day following delivery of the supplies or services, unless otherwise specified in this contract.

12. VARIATION IN QUANTITY (JAN 2005) ‐ No variation in quantity of any item called for by this contract will be accepted unless authorized by the Contracting Officer.

13. PARTIAL DELIVERIES (JAN 2005) ‐ Partial deliveries are not permitted unless authorized by the terms of the contract or approved by the Contracting Officer.

14. PAYMENTS (JAN 2005) ‐ Partial payments will be made when deliveries are authorized or as approved by the Contracting Officer. Payments and penalties for late payments are subject to the requirements established by the Prompt Payment Act, as amended, and as implemented for NAFI's. If the NAFI makes payment but such payment fails to include a prompt payment penalty due to the Contractor within 10 days from when the contract payment is made, penalty amounts will not be paid unless the Contractor makes a written request within forty days after the date of payment.

15. HOLD AND SAVE HARMLESS (JAN 2005) ‐ The Contractor shall indemnify, hold and save harmless, and defend the NAFI, its outlets and customers from any liability, claimed or established for violation or infringement of any patent, copyright, or trademark right asserted by any third party with respect to goods hereby ordered or any part thereof. Contractor further agrees to hold the NAFI harmless from all claims or judgments for damages resulting from the use of products or services listed in this contract, except for such claims or damages caused by, or resulting from negligence of NAFI customers, employees, agents, or representatives. Also, Contractor shall at all times hold and save harmless the NAFI, its agents, representatives, and employees from any and all suits, claims, charges, and expenses which arise out of acts or omissions of Contractor, its agents, representatives, or employees.

16. MODIFICATIONS (JAN 2005) ‐ No agreement or understanding to modify this contract will be binding upon the NAFI unless made in writing and signed by a Contracting Officer from the office that issued the contract or its successor.

17. TAXES (JAN 2005)

a. Except as may be otherwise provided in this contract, the contract price includes all taxes, duties or other public charges in effect and applicable to this contract on the contract date, except any tax, duty, or other public charge, which by law, regulation or governmental agreement, is not applicable to expenditures made by the NAFI or on its behalf; or any tax, duty, or other public charge from which the Contractor, or any subcontractor hereunder, is exempt by law, regulation or otherwise. If any such tax, duty, or other public charge has been included in the contract price, through error or otherwise, the contract price shall be correspondingly reduced.

b. If for any reason, after the contract date of execution, the Contractor or subcontractor is relieved in whole or in part from the payment or the burden of any tax, duty, or other public charge included in the contract price, the contract price shall be correspondingly reduced; or if the Contractor or subcontractor is required to pay in whole or in part any tax, duty, of other public charge which was not applicable at the contract date of execution the contract price shall be correspondingly increased.

18. PROOF OF SHIPMENT (JAN 2005) ‐ (Applicable to shipments outside the United States through the Surface Deployment and Distribution Command (SDDC) and Parcel Post shipments to overseas destinations.)

a. Notwithstanding any clause of this contract to the contrary, payment will be made for items not yet received, upon receipt of an invoice accompanied by an appropriate proof of shipment. If shipment is made by insured parcel post, the contractor must furnish a copy of the Insured Mail Receipt issued by the US Postal Service. Otherwise, a stamped copy of a Certificate of Mailing issued by the US Postal Service must be furnished. If shipment is made by a common carrier (rail, air or motor freight), the Contractor must furnish a signed copy of the shipping document on which items are receipted for by the common carrier. A signed receipt by a NAFI representative at the delivery point (CCP or POE) is also acceptable evidence of proof of shipment.

b. Forwarding a proof of shipment and an invoice for payment by the Contractor shall be construed as a certification by the contractor that the items shipped conform to the specifications.

c. Notwithstanding any provisions of this clause or any payment made pursuant to the terms of this clause prior to receipt of the items contracted for, the NAFI retains the right to inspect upon receipt and the right to reject nonconforming items. The liability of the Contractor with respect to items for which payments have been made will, after inspection by the NAFI or after the expiration of a reasonable time following delivery to the NAFI within which inspection may be made, whichever occurs first, be limited to (i) exceptions taken at the time of inspection, and (ii) latent defects, fraud, or such gross mistakes as amount to fraud.

19. COMMERCIAL WARRANTY (JAN 2005) ‐ The Contractor agrees that the supplies or services furnished under this contract shall be covered by the most favorable commercial warranties the Contractor gives to any customer for such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the NAFI by any other clause of this contract. The printed terms and conditions of such warranty will be provided to the NAFI with the delivery of any supplies covered.

20. ADVERTISEMENTS (JAN 2005) ‐ Contractor agrees that none of its nor its agent's advertisements, to include publications, merchandise, promotions, coupons, sweepstakes, contest, sales brochures, etc, shall state, infer or imply that the Contractor's products or services are approved, promoted, or endorsed by the NAFI. Any advertisement, including cents‐off coupons, which refers to a NAFI will contain a statement that the advertisement is neither paid for, nor sponsored in whole or in part by, the particular activity.

21. DISCOUNTS FOR PROMPT PAYMENT (JAN 2005)

a. Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered discount will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a prompt payment discount in conjunction with the offer, offerors awarded contracts may include prompt payment discounts on individual invoices.

b. In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the agency annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day.

22. INVOICES (JAN 2005):

a. An invoice is a written request for payment under the contract for supplies delivered or for services rendered. In order to be proper, an invoice should include (and in order to support the payment of interest penalties, must include) the following:

(i) Invoice date;

(ii) Name of Contractor;

(iii) Contract number (including order number, if any), contract line item number, contract description of supplies or services, quantity, contract unit of measure and unit price, and extended total;

(iv) Shipment number and date of shipment (Bill of Lading number and weight of shipment will be shown for shipments on Government Bills of Lading);

(v) Name and address to which payment is to be sent (which must be the same as that in the contract or on a proper notice of assignment);

(vi) Name (where practicable), title, phone number and mailing address of person to be notified in event of a defective invoice; and

(vii) Any other information or documentation required by other provisions of the contract (such as evidence of shipment). Invoices shall be prepared and submitted in duplicate (one copy shall be marked “Original") unless otherwise specified.

b. For purposes of determining if interest begins to accrue under the PROMPT PAYMENT ACT (PUBLIC LAW 97‐177):

(i) A proper invoice will be deemed to have been received when it is received by the office designated in the contract for receipt of invoices and acceptance of the supplies delivered or services rendered has occurred.

(ii) Payment shall be considered made on the date on which a check for such payment is dated.

(iii) Payment terms (e.g., "Net 20") offered by the contractor will not be deemed Required payment dates.

(iv) The following periods of time will not be included:

(A) After receipt of improper invoice and prior to notice of any defect or impropriety, but not to exceed three days for meat and meat food products, five days for perishable agricultural commodities, and 15 days in all other cases, and

(B) Between the date of a notice of any defect or impropriety and the date a proper invoice is received. When the notice is in writing, it shall be considered made on the date shown on the notice.

23. ELECTRONIC FUND TRANSFER PAYMENTS (JAN 2005) ‐ Federal law requires Federal payments to be made by electronic fund transfer. Any payment made on this contract has to be made by EFT (unless otherwise specified within the contract or exempted by law). After award of the contract the EFT Partner Enrollment Form will be provided and must be completed to accomplish EFT payments.

24. NOTIFICATION OF DEBARMENT/SUSPENSION STATUS (JAN 2005) ‐ The Contractor shall provide immediate notice to the Contracting Officer in the event of being suspended, debarred or declared ineligible by any other Federal Department or agency, or upon receipt of a notice of proposed debarment from another DOD Agency, during the performance of this contract.

25. NON WAIVER OF DEFAULTS (JAN 2005) ‐ Any failure by the NAFI at any time, or from time to time, to enforce or require strict performance of any terms or conditions of this contract will not constitute waiver thereof and will not affect or impair such terms or conditions in any way or the NAFI’s right at any time to avail itself of such remedies as it may have for any breach or breaches of such terms and conditions.

LIST OF FAR CLAUSES INCORPORATED BY REFERENCE

The provisions of the following clauses set forth in the Federal Acquisition Regulation (FAR) or DoD FAR Supplement are hereby incorporated into this order or contract by reference with the same force and effect as though herein set forth in full. As used in the following clauses, the term "Government" is deleted and the abbreviation "NAFI" is substituted in lieu thereof. The date of each clause shall be the current date set forth in FAR or DoD FAR Supplement on the issuance date of this order or contract.

Clauses made inapplicable by the reference or by the kind of order, contract (e.g., orders or contract for services instead of supplies) or dollar amount are self‐deleting. The complete text of any clause incorporated in this order or contract by reference may be obtained from the contracting officer.

CLAUSE

NO. REFERENCE CLAUSE TITLE

26 52.243‐1 Changes ‐ Fixed‐Price

27 52.222‐13 Compliance with Davis‐Bacon and related Act Regulations

28 52.222‐41 Service Contract Act of 1965, as Amended

29 52.225‐11 Buy American Act‐Construction Materials under Trade Agreements

30 52.222‐4 Contract Work Hours and Safety Standards Act‐Overtime Compensation

31 52.246‐16 Responsibility for Supplies

32 52.222‐20 Walsh‐Healy Public Contracts Act

33 52.222‐26 Equal Opportunity

*34 252.225‐7036 Buy American Act‐Free Trade Agreements‐ Balance of Payments Program

35 52.222‐3 Convict Labor

*36 252.225‐7002 Qualifying Country Sources as Subcontractors

*37 252.203‐7001 Prohibition on Persons Convicted of Fraud or Other Defense‐Contract Felonies

38 52.222‐21 Prohibition of Segregated Facilities

39 52.223‐3 Hazardous Material Identification & Material Safety

*Denotes DFARS

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each

OPTION Operate Food & Beverage Concessionaire

FFP

Provide a food and beverage concessonaire operations at Andrews Bowling Center for patrons of Andrews AFB and pay 316 Force Support Squadron (NAFI) a monthly flat fee of $_______ in accordance with the attahched statement of work (Base Year Period of Performance: 1 January 2010 through 31 December 2010).

FOB: Destination

SIGNAL CODE: A

NET AMT

1001 1 Each

OPTION Operate Food & Beverage Concessionaire

FFP

Provide a food and beverage concessonaire operations at Andrews Bowling Center for patrons of Andrews AFB and pay 316 Force Support Squadron (NAFI) a monthly flat fee of $_______ in accordance with the attahched statement of work (Base Year Period of Performance: 1 January 2011 through 31 December 2011).

2001 1 Each

OPTION Operate Food & Beverage Concessionaire

FFP

Provide a food and beverage concessonaire operations at Andrews Bowling Center for patrons of Andrews AFB and pay 316 Force Support Squadron (NAFI) a monthly flat fee of $_______ in accordance with the attahched statement of work (Base Year Period of Performance: 1 January 2012 through 31 December 2012).

3001 1 Each

OPTION Operate Food & Beverage Concessionaire

FFP

Provide a food and beverage concessonaire operations at Andrews Bowling Center for patrons of Andrews AFB and pay 316 Force Support Squadron (NAFI) a monthly flat fee of $_______ in accordance with the attahched statement of work (Base Year Period of Performance: 1 January 2013 through 31 December 2013).

4001 1 Each

OPTION Operate Food & Beverage Concessionaire

FFP

Provide a food and beverage concessonaire operations at Andrews Bowling Center for patrons of Andrews AFB and pay 316 Force Support Squadron (NAFI) a monthly flat fee of $_______ in accordance with the attahched statement of work (Base Year Period of Performance: 1 January 2014 through 31 December 2014).

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

1001 Destination Government Destination Government

2001 Destination Government Destination Government

3001 Destination Government Destination Government

4001 N/A N/A Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-JAN-2010 TO

31-DEC-2010

N/A 316TH FORCE SUPPORT SQUADRON

JAMES CAMPBELL

BOWLING CENTER

BLDG 1672

JB ANDREWS NAF MD 20762

301-981-9330

FOX15N

1001 POP 01-JAN-2011 TO

31-DEC-2011

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-JAN-2012 TO

31-DEC-2012

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-JAN-2013 TO

31-DEC-2013

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-JAN-2014 TO

31-DEC-2014

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.212-1 Instructions to Offerors--Commercial Items JUN 2008

52.217-8 Option To Extend Services NOV 1999

52.217-9 Option To Extend The Term Of The Contract MAR 2000

CLAUSES INCORPORATED BY FULL TEXT

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, price and other factors considered. The following factors shall be used to evaluate offers:

(1) PAST PERFORMANCE

(2) PRICE

Past Performance is significantly more important than Price when being evaluated.

(b) Options. The NAFI will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The NAFI may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the NAFI to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Addendum to 52.212-2:

BASIS FOR CONTRACT AWARD: This is a competitive selection in which competing offerors past and present performance history will be evaluated on a basis significantly more important than cost or price considerations. By submission of its offer in accordance with the instructions provided, the offeror accedes to the terms of this model contract and all such offers shall be treated equally except for their prices and performance records. The evaluation process shall proceed as follows:

A. Initially offers shall be ranked according to price, including option prices, identified in the Pricing Schedule. An offeror’s proposed prices will be determined by adding pricing in the Pricing Schedule for all contract periods.

B. Using questionnaires, the contracting officer shall seek relevant performance information on the (7) seven offerors offering the highest percentage , based on (1) references provided by the offeror and (2) data independently obtained from other NAFI, government and commercial sources. Relevant performance includes performance of efforts providing operations of food and beverage stands that are similar or greater in scope, magnitude and complexity than the effort described in this solicitation. NAFI reserves the right to seek information on lower percentage offers if none of the higher percentage offerors receive a “High Confidence” performance assessment rating. The purpose of the past performance evaluation is to allow the government to assess the offeror’s ability to perform the effort described in the solicitation, based on the offeror’s demonstrated present and past performance. The assessment process will result in an overall performance confidence assessment rating of High Confidence, Significant Confidence, Satisfactory Confidence, Unknown Confidence, Little Confidence, or No Confidence, as defined in AFFARS Mandatory Procedures 5315.3, Table 3.