Attachment 2 - PBWS.pdf

Solicitation Number FA4800-09-T-0006

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PERFORMANCE BASED WORK STATEMENT

FOR

OPERATION AND MAINTENANCE OF A JUICE BAR

16 MARCH 2009

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PERFORMANCE BASED WORK STATEMENT

FOR

OPERATION AND MAINTENANCE OF A JUICE BAR

1. DESCRIPTION OF WORK.

The contractor services are for a nutrition center and juice/shake bar at the Shellbank Fitness

Center and Air Combat Command (ACC) Fitness Center at Langley AFB, VA to include the operation and maintenance of said juice bar. No appropriated funds of the United States (U.S.)

shall become due or be paid to a contractor by reason of this contract. A monthly fee in the amount of $______(insert offer here, minimum of $750) from sales of concessions shall be payable to the Non-Appropriated Funds Instrumentality (NAFI) by the 28th of each month. If the payment is not received by the 28 th of each month, five (5) percent interest per day will be computed and must be added to the monthly fee.

2. CONTRACTOR RESPONSIBILITIES.

2.1. Operation of Concession:

2.1.1. The contractor shall be responsible for all equipment associated with opening and operating the nutrition center and juice/shake bar.

2.1.2. The contractor shall furnish 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. The contractor shall be responsible for all cleaning and maintenance of the contractor’s area to ensure compliance with all public health requirements.

2.1.4. The contractor shall be responsible for keeping the Shellbank Fitness Center unit open a minimum of seventy (70) hours a week, a minimum of six (6) days a week. The contractor shall be responsible for keeping the ACC Fitness Center unit open a minimum of twenty (20) hours a week, a minimum of five (5) days a week. For both fitness centers, it is the contractor’s discretion to set the schedule to meet minimum operating requirements. The number of hours worked may be changed upon mutual agreement of the Contracting Officer and Contractor. The

Shellbank Fitness Center is open seven (7) days a week, 0500 to 2300, Monday through Friday, and approximately 0800 to 1900, Saturday, Sunday, and holidays. The ACC Fitness Center is open Monday through Friday approximately 0500 to 1900. The hours are always subject to change due to base exercises and closures.

2.1.5. The contractor may open for service on federal holidays as long as the fitness center is open, but is not required to do so. The Shellbank Fitness Center is open limited hours every federal holiday with the exception of Christmas, when the center is closed.

2.2. Contractor Concessions:

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2.2.1. The contractor shall be responsible for providing concession items such as nutritional products to be added to shakes, individual vitamin servings, beverages, food, and snacks. The contractor will also provide nutritious shakes prepared to order. Shakes may contain fresh fruits, meal replacement powders, water, or other ingredients. There shall be no products sold that duplicate what is available at the Base Commissary, Base Exchange, or any AAFES (Army Air

Force Exchange Service) location on base. The government reserves the right to approve or disapprove of any item to be sold.

2.2.2. The contractor shall be responsible for stocking any and all vending machines in the

Shellbank Fitness Center and ACC Fitness Center located in the designated areas of the current nutrition center/juice bar with drinks and for the care and consideration of the vending machines.

Currently there is one (1) vending machine that stocks water and soft drinks. There will not be any game vending in either center. The government reserves the right to approve or disapprove any vending machine item for sale.

2.2.3. The contractor shall be responsible for all equipment, parts, and materials. Services supplied by the contractor shall 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.

2.2.4. The contractor shall be responsible for providing a display listing of all items offered for sale with pricing which includes all applicable taxes in the price, and to display ingredient listings and total calorie and fat content information on edible items, which are prepared onsite.

There shall be a professional display of products for customers, which will include a clearly visible price for each item.

2.2.5. The contractor shall 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, or other authorized government personnel.

2.2.6. The contractor shall furnish at the contractor's expense, suitable bags, "sold" labels, etc. as necessary to secure a customer's purchase.

2.2.7. The contractor shall provide a receipt to every customer after every sale.

2.3. Standards and regulations:

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

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

2.3.2.1. Air Force Instruction (AFI) 48-116, which includes a requirement that food be purchased from approved sources; and

2.3.2.2. 1999 Federal Drug and Administration (FDA) Food Code including storage, preparation, service and safety procedures requirements.

2.3.3. The contractor shall 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 shall 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 shall notify the Quality Assurance Personnel (QAP) and the Contracting Officer of the situation, and the contractor shall follow any direction as specified by the Contracting Officer or public health official.

2.3.5. The contractor shall 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 shall dispose of all refuse and/or recyclable materials using proper receptacles located in or near the facility as identified by the QAP.

2.3.7. The contractor shall 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 shall 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 QAP. Vehicle passes shall be obtained prior to opening of the unit.

2.4.2. The contractor shall ensure that personnel give prompt and courteous treatment to customers. The contractor shall 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 required. 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

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2.4.3. The contractor shall provide to the Contracting Officer and QAP the name and telephone number(s) of the person who will be on call in emergency situations at least two (2) weeks prior to opening the unit for business.

2.4.4. The contractor shall 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.

2.4.5. The contractor shall maintain professional and courteous behavior at all times. The contractor shall remove from the concession, upon request of the Contracting Officer, any agent or employee of the contractor if the conduct of such person, while on duty, is contrary to proper performance of the contract.

2.5. Insurance Requirements:

2.5.1. The contractor shall 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 shall obtain liability insurance commensurate with the risk of the concession and shall 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. The contractor is responsible paying the NAFI representative promptly the amount specified in the contract schedule.

2.6.2. The contractor may accept national charge cards customarily recognized in their commercial trade for customer payment of purchases. The 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. The contractor shall 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. The contractor shall not represent or permit itself to be represented to the public as an agent or employee of NAFI, the U.S. Air Force or the U.S. Government on any letters, bills, signs and other means of correspondence or advertising.

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3.3. The contractor shall not sell or remove any property that is owned by 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, shall become government property and must have prior approval before installation by the Facilities Manager.

3.5. The contractor shall not engage in or permit gambling or possession or use of any gambling device (game vending machines) on the concession premises of Langley AFB.

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

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

3.8. The contractor shall not sell merchandise or services for anything other than US currency unless authorized in writing by the Contracting Officer.

3.9. The contractor shall not sell merchandise or services on I owe you’s (IOU).

3.10. The contractor shall not give or offer to give to any officer or employee of 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 the Shellbank Fitness Center and ACC Fitness

Center for establishment of the nutrition center juice/shake bar. 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 or QAP’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 shall call 911 to report emergency situations.

4.4. The government will provide the parts and labor as necessary to provide telephone service up to one telephone jack in the work area.

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5. PERIOD OF PERFORMANCE:

5.1. The period of performance includes startup time allowances. The base year of performance shall begin from date of contract award and end twelve (12) months from the date of award.

5.2. In accordance with (IAW) FAR Clause 52.217-8, 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 thirty (30) days of the option period.

5.3. IAW FAR Clause 52.217-9, Option to Extend the Term of the Contract (MAR 2000), the government may extend the term of the contract by first providing written notice to the contractor within thirty (30) days, provided that the government gives the contractor a preliminary written notice of its intent to extend at least sixty (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 shall adhere to NAFI policy of customer satisfaction guaranteed IAW AFI

34-208 and will be responsible for refunds to customer’s 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 shall be first referred to the Facility Manager or QAP for resolution. 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.

6.7. The contractor shall develop a "customer comments" forum whereby customers can compliment or complain about the contractor's products or service in a written format. Results of this forum will be forwarded to the QAP for review NLT the 5th of each month.

7. CONTRACT TERMINATION/EXPIRATION:

7.1. This contract is automatically terminated in the event NAFI is dissolved, and the contractor shall be given a thirty (30) day notice of termination.

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7.2. In the event that this contract is terminated:

7.2.1. The contractor shall promptly settle its account with NAFI, including payment in full of all amounts due.

7.2.2. The contractor shall promptly remove all of their furnished trade fixtures, tools of the trade and supplies, including corporate identification such as signage, menus, etc. Structures, fixtures, appliances, etc. affixed to Government property shall 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

Contracting Officer.

7.2.3. The contractor shall 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. The contractor shall turn over all base passes, vehicle decals, etc. to the 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 Contracting Officer no later than ninety (90) days after the effective date of termination or expiration of this contract.

9. PAYMENTS TO NAFI:

9.1. Payments to NAFI will be a predetermined monthly fee. Payment of fees due NAFI must be made monthly and must be received by NAFI no later than noon on the 28th of each month.

If the 28th falls on a weekend or federal holiday where the facility is closed or the designated

NAFI representative is not available, payment shall be made on the next business day following the 28 th, a five (5) percent interest penalty will be accessed if not made by the due date.

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 NAFI will not exceed the administrative amount normally charged NAFI customers for dishonored checks. The Contracting Officer may require payment in cash, certified check or cashier's check at the contractor's expense. NAFI reserves the right to only receive cash payments for monthly fee if contractor’s checks are not honored by their bank.

9.3. A daily receipt ledger along with copies of the end of day receipts must accompany the payment of fees every month.

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10. GENERAL INFORMATION:

10.1. This agreement does not state or imply that the contractor will be given an exclusive right to vending or concessionaire operations in the fitness centers.

PERFORMANCE SPECIFICATIONS

Vending Machines for Fitness Centers

1. The contractor shall service and maintain machines as follows:

a. Clean exterior of equipment and glass surfaces when machines are serviced and collections are made. Replace glass surfaces promptly if cracked or broken.

b. Clean machines as needed a minimum of once a month. Replace machines when they become cracked, splintered, or badly worn.

c. Replace burned out light bulbs in machines.

2. The contractor shall service machines within 24 hours of notification and replace machines within forty-eight (48) hours if machines become unserviceable or otherwise fail to comply with the equipment specifications.

3. The contractor shall not remove monies from the machines (excludes coin changers and token dispensers) unless accompanied by a NAFI representative.

4. The contractor operates said service and provides machines of a quality satisfactory to the

NAFI manager or duly authorized agent. Coins are collected according to Article IV, paragraph 4, before taking any machine off the premises for repair or replacement.

5. The contractor submits to the Contracting Officer for review and approval or disapproval a schedule of prices to be charged. On approval of such prices, provides the NAFI representative with a copy of same. The concessionaire shall adhere to such prices.

Prices charged must be consistent.

6. The contractor keeps the machines in proper mechanical working order at all times, including any meters and special attachments there to: make all necessary repairs, replaces parts, and ensures the machines are properly identified.

The contractor conforms to the requirements of each applicable NAFI as to the physical locations of machines in use.