Carolina_Skies_Club_Concessionaire_v2-8_Aug_2018.pdf

CATERING AND FOOD SERVICE AT

THE CAROLINA SKIES CLUB & CONFERENCE CENTER

SHAW AFB, SOUTH CAROLINA

Revision 2B

8 August 2018

TABLE OF CONTENTS

ARTICLE I 3

ARTICLE II 3

ARTICLE III 4

ARTICLE IV 5

Special Provisions 6

Definitions 16

General Provisions 17

Concessionaire Furnished Items 29

Special Functions 29

Membership Benefits 31

Housekeeping 31

Specific Tasks for Catering Services 33

Specific Tasks for Lunch Service 36

Specific Tasks for Bar Food 37

ATTACHMENTS

Attachment 1 – NAFI Inventory

Attachment 2 – Air Force Forms 2555, 977, & 1875

Attachment 3 - Checklists

Attachment 4 – SCA Wage Determination

Attachment 5 – 20FW Security Requirements

Attachment 6 – DD Form 2973 Food Operation Inspection Report (Blank)

CATERING and FOOD SERVICE OPERATIONS AT THE

CAROLINA SKIES CLUB AND CONFERENCE CENTER

SHAW AIR FORCE BASE, SOUTH CAROLINA

ARTICLE I

1. This Concessionaire contract by and between the Carolina Skies Club and Conference Center, hereinafter referred to as the Non-appropriated Funds Instrumentality (NAFI), and _________________________, hereinafter referred to as the Concessionaire, is for the Concessionaire to provide catering and foodservice to authorized patrons, per Air Force Instruction 34-101, Air Force Morale, Welfare, and Recreation (MWR) Programs and Use Eligibility, at the assigned space in the Carolina Skies Club and Conference Center (Building 922), Shaw Air Force Base. The period of performance begins no later than 29 October 2018 through 28 October 2023 with an annual contract review.

2. The Concessionaire will pay the NAFI a sum of 20 percent of gross sales or best offer.

ARTICLE II

The Concessionaire must:

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

2. Competitive Analysis: Before beginning performance under this agreement, Concessionaire will submit a listing of menus and prices to 20th Force Support Squadron Non-Appropriated Fund (NAF) Contracting Officer for approval at the start of the contract, and each time prices are changed thereafter. A separate list will be provided for each operation.

3. At Concessionaire’s expense, obtain all permits, give all necessary notices; pay all license fees; and comply with all municipal, state and national laws, rules, ordinances, and military instructions 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 Labors Standards Statute (SCLSA), and so forth, as implemented by Air Force directives and required by law. Representatives of labor organizations are provided access to the place of performance to confer with their members, consistent with applicable rules and regulations of the installation commander and the United States Air Force.

5. Comply with all Air Force guidance and memoranda, bulletins, and letters of instruction issued by or on behalf of the NAFI manager or his or her duly authorized representative.

6. Keep the concession area clean, orderly, attractive, secure, and in a safe and sanitary condition. Provide copies of all completed checklists to the NAFI manager or his or her duly authorized representative.

a The “concession area” is defined as any area used by the Concessionaire. All areas used will be returned to their original state.

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. 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 and the NAF Contracting Officer.

9. Not leave cash on the premises during non-operational hours unless it is in a safe, guarded in accordance with AFI 31-101, Integrated Defense paragraph 8.4.4.10.

10. Use the Air Force approved Aloha Point of Sale (POS) System in The Carolina Skies Club and Conference Center for sales data collection. Use the Air Force (AF) Form 2555, Cash Collection Record (Attachment 2), in accordance with (IAW) Air Force Manual (AFMAN) 34-212, showing additional income received if the POS system is not working for sales at the club. Pre-numbered AF Form 2555 in an original and one copy shall be provided the Concessionaire by the supporting NAFI Activity accounting office. Any failure by the Concessionaire, its servers, employees, or agents, to enter all monies received on these control sheets will be cause for immediate cancellation of this contract and possibly the basis for criminal action against the Concessionaire.

ARTICLE III

The 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, and contracts or by any other means. The Concessionaire, its servers, agents, and employees, are in no sense agents of the United States, the NAFI, the commander of the installation within which the contract 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. Equipment (those items used to prepare, cook, or serve food and beverages) and furniture that is nonfunctional may be removed from the installation for repair with written approval from the club manager or designee.

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 installation premises, any form of illegal substances such as narcotics and weapons.

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

6. Sell merchandise or services for anything other than United States currency, checks, or credit cards, unless authorized in writing by the Contracting Officer and NAF Contracting Officer.

7. Sell merchandise or services on credit.

8. Give or offer preferential treatment to anyone.

9. Bring in food prepared outside of the Carolina Skies Club. All food sold and consumed in the Carolina Skies Club is to be prepared on-site for all daily operations and special functions.

10. Promote outside Catering business.

ARTICLE IV

That:

1. Air Force Auditor General personnel, Public Accountant Contract Audit, 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 instructions.

2. The period of performance will not exceed five (5) years.

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

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

5. CONTRACTUAL CONTENTS: This contract consists of the following documents:

a. Schedule (Articles I-IV)

b. Special Provisions (Paragraphs 1-35)

c. General Provisions (Paragraphs 1-31)

d. Concessionaire Furnished Items

e. Specific Tasks

f. NAFI Inventory, Attachment 1

g. AF Forms 2555, 977, & 1875, Attachment 2

h. Checklists, Attachment 3

i. SCA Wage Determination, Attachment 4

j. 20FW Security Requirements, Attachment 5

k. DD Form 2973 Food Operation Inspection Report (Blank)

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 Address and phone number

Date______________

Date______________

SPECIAL PROVISIONS

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 there under.

2. Termination: Notwithstanding the clause titled “Termination for Convenience” of the General Provisions relative to termination of this Concessionaire contract, it is mutually agreed that this Concessionaire contract may be terminated in whole or in part by either party by providing 30 days advanced written notice to the Base Contracting Officer:

3. Actions to Be Taken Upon Any Termination (Including Expiration).

a. The NAFI will promptly settle its account with the Concessionaire, including payment in full of all amounts due. The Concessionaire will yield up the facilities and all NAFI furnished property, clean and leave premises in as good order and condition as when received (damage due to acts of God and ordinary wear and tear excepted); 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-furnished trade fixtures, tools of the trade, 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.

b. Deposit monies collected from customers by the NAFI are for room reservations only. Deposits are not for expenses incurred by contractor. The booking party shall be given the option of canceling their reservation for a special event or keeping the reservation with the successor contractor. Deposits from booking parties shall be refundable in the event of any termination or expiration of this contract.

4. Indebtedness:

a. The Concessionaire will pay promptly all indebtedness incurred in connection with the performance of this Concessionaire contract.

b. The NAFI shall 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. Payment shall be made in cash, certified check, cashier’s check or money order.

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

6. 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 no later than 90 days after the effective date of termination or expiration of the Concessionaire contract. This clause does not extend the period for filing claims where specifically limited by another clause.

7. Non-waiver 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.

8. Trade Fixtures, Tools, and Supplies. The Concessionaire will furnish, at its expense, all trade fixtures, tools of the trade, and supplies required for performance of this Concessionaire contract except as identified on the NAFI Inventory, Attachment 1.

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 (represented by the customer or NAFI) 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 Contacting Officer and NAF Contracting Officer, whose decision will be final and not subject to the Disputes clause. If Concessionaire fails to timely process complaints or claims and make refunds, NAFI may settle customer complaints or claims and make such refunds, and charge the Concessionaire’s account.

10. Internal Controls of Cash and Charge-Card Sales:

a. Concessionaire shall use the approved Air Force Aloha Point of Sale (POS) system for all sales transactions (cash and credit). Any change requests to the POS system must be made to the NAFI 72 hours prior to when the change is required. If the system is not working, sales will be recorded on AF Form 2555, NAF Cash Collection Record (Attachment 2), at the time sale is made. The AF Form 2555 will be prepared in duplicate, reflecting the applicable sales data, and signed by the customer. The original of the completed AF Form 2555 is attached to the Concessionaire Settlement Report and submitted to the supporting NAFI accounting office. The Concessionaire retains the duplicate copy.

b. Concessionaire will establish internal control procedures consistent with provisions of this Concessionaire contract for a complete and accurate accounting of all transactions. Use of Air Force approved and provided cash register/POS system is required for dining/catering/lounge operations at The Carolina Skies Club and Conference Center. The NAFI will provide training. Maintenance and supplies will be purchased and provided by the club.

c. Concessionaire shall only accept credit cards according to the current Air Force Services Agency (AFSVA) banking policy 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 insure strict compliance by the Concessionaire with all provisions of this Concessionaire contract.

11. Monthly Concessionaire Settlement Report. At the end of each month 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 Concessionaire, and obtain payment from the NAFI for the fees due for that period. The original of AF Forms 2555 (Attachment 2) will be attached, if 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.

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, or permit any such unauthorized use by any of its agents, representatives, or employees is prohibited. Concessionaire will not make any alterations in the facilities provided without prior authorization from the Club Manager or designee.

14. Concessionaire will comply with the 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.

Concessionaire will not post signs, not furnished by the NAFI, without obtaining approval from the NAFI.

15. Scope of Work: The Concessionaire shall establish and operate, in the name of "20th Force Support", a concession in The Carolina Skies Club and Conference Center, located at Shaw AFB, SC. The Concessionaire shall provide all personnel, equipment (except as identified on the NAFI inventory, Attachment 1), tools, materials, supplies, supervision and other items and services necessary to provide catering services and a foodservice operation. The Carolina Skies Club and Conference Center will retain the bar operations.

Concessionaire tasks include, but are not limited to, the following:

a. Cleaning and maintaining facilities, equipment and utensils.

b. Insuring operator maintenance and training on food service equipment.

c. Handling foods, drinks, supplies and equipment.

d. Providing an "on premise" catering operation at The Carolina Skies Club and Conference Center and “off premise” catering functions for special functions booked through The Carolina Skies Club and Conference Center Catering operation.

e. Maintaining quality control.

f. Maintaining accurate accounting records set by the Air Force.

16. Personnel:

a. The Concessionaire shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate(s) who shall act for the Concessionaire when the manager is absent shall be designated in writing to the contracting officer within 10 calendar days after award of this contract and immediately after any changes during performance of the contract.

b. The contract manager or alternate shall have full authority to act for the Concessionaire on all matters relating to daily operation of this contract. The contract manager or alternate shall be available during normal hours, Monday-Friday from 0800-1600 hours. The contract manager or alternate must be available within three hours to meet on the installation with Federal Government personnel designated by the contracting officer to discuss problem areas.

c. The contract manager and supervisors shall be experienced in catering and food/beverage operations to perform this contract.

d. The Concessionaire shall insure that all Concessionaire employees are supervised during contract operations.

e. All Concessionaire employees shall wear clean, neat (wrinkle free) and proper fitting uniform at all times while working under this contract. Uniforms for kitchen and cafeteria employees shall be standard commercial wear. Dress for wait staff shall be black trousers or skirt with white tuxedo shirt, black bow tie and black shoes for all “after five” events. Black bow ties shall be worn for all formal events. All other events dress shall be clean, neat, polos of same like and design. Black shoes shall be of sturdy construction and shall cover the foot to meet sanitation and safety requirements. Personnel working in areas where floors may become wet or greasy and at all times in the kitchen area shall wear non-skid shoes.

f. Any contract employee whose conduct is deemed hostile or inappropriate towards NAFI personnel, detrimental to the food facilities and dining facility guests shall be reported to the Contracting Officer (CO) for the appropriate action.

g. The Contracting Officer or his/her representative may notify the Contractor when the NAFI determines such employee to be: incompetent, careless, insubordinate, unsuitable, or otherwise objectionable; or whose continued employment the NAFI deems contrary to the public interest, inconsistent with the best interests of security, or is identified as a potential threat to the health, safety, security, general well-being or operational mission of the facility and its population. The Contracting Officer may also request the Contractor to immediately remove any employee from the work site(s) should it be determined that individuals are being assigned to duty who have been disqualified for either suitability or security reasons, or who are found to be unfit for performing duties during their tour(s) of duty.

h. For clarification, a determination to remove an employee will be made for, but is not limited to, incidents involving the most immediately identifiable types of misconduct or delinquency such as: Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions, fighting, or participation in disruptive activities, which interferes with the normal efficient operations of the NAFI, theft, vandalism, immoral conduct, sexual harassment or any other criminal actions, selling, consuming, or being under the influence of intoxicants, drugs, or substances which produce similar effects while in or on Federally-controlled property.

i. The Concessionaire shall ensure all staff members who work with food & beverage products receive sanitation and food handlers training as directed by the NAFI before beginning performance under this contract.

j. The Concessionaire shall keep current for the NAFI inspection, a list of personnel employed on this contract.

This list shall be updated when any changes to personnel are made and include the dates of food service sanitation training for food handlers.

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

l. The Concessionaire is cautioned that off duty active military personnel hired under this contract are always subject to permanent change of station (PCS), change in duty hours or deployment. Military Reservists and National Guard members may be subject to recall to active duty. The abrupt absence of these personnel could adversely affect the Concessionaire's ability to perform. Their absence at any time shall not constitute an excuse for nonperformance under this contract.

m. Pass and Identification Items. The contractor shall ensure the pass and identification items required for contract performance are obtained for employees IAW 20FW Security Requirements (Attachment 5).

Employee Requirement:

n. The Concessionaire shall possess the following pass/identification items:

1) Valid picture identification card for all employees, issued by Pass and ID.

2) All personnel who will be driving shall possess a valid driver’s license and insurance.

o. Alcohol/Drug Use: The consumption of alcoholic beverages or illegal drugs by Concessionaire personnel, while on duty, is strictly forbidden. The Concessionaire shall immediately remove any employee who is under the influence of alcohol or drugs.

p. English Language: Employees who deal directly with the customer (wait staff and cashier) will be required to effectively communicate with the customers in English. This requirement is strictly for the purpose of efficiently taking orders, preparing the correct food, and taking in payments. Managers and supervisors will be required to read and write English.

q. Loitering: Concessionaire employees shall not loiter in any working or patron area. Upon completion of their assigned shifts, or after eating, employees shall promptly depart from the food service facilities and the base. Employee meals shall be eaten in the area designated, in writing, by the facility manager or designee. Contract employees eligible to use the facility may do so but not in their work attire.

r. Responsibilities: Concessionaire shall hire, supervise, direct the work of, discharge and determine compensation and other benefits of all personnel working at the facilities in the employ of the Concessionaire. Concessionaire shall be responsible for timely payment of all costs and expenses relating to all employees at the facilities, including, but not limited to, all expenses relating to employee compensation, wages, bonuses, payroll or other taxes, social security, fringe benefits, workmen's compensation, unemployment compensation, insurance (group) and all federal, state, or local Government employee insurance or benefit programs of any kind that now or may later exist.

17. Quality Controls:

a. Customer Complaint/Resolution: The Concessionaire shall establish and maintain throughout the life of the contract, a system, with documentation, for responding to customer complaints. All complaints shall be coordinated with the Club Manager or designee and Contracting Officer.

b. Physical Controls: The Concessionaire shall be responsible for safeguarding all NAFI property provided for Concessionaire use. At the close of each work period, NAFI facilities, equipment and materials shall be secured.

c. Key Control: In the event keys are lost, the Concessionaire will be required to pay the total cost of replacement to include re-keying of facility.

d. Quality controls will be in accordance with the guidelines as stated in the Quality Control Manual provided by the Carolina Skies Club.

e. Random inspections will be in accordance with the Tri Services Food Code self-inspection guidance. These inspections will be conducted by the Club Manager or designee.

18. Hours of Operation:

a. The Concessionaire may request changes to the hours of operation based on customer demand. Changes to operating hours can be requested by the Concessionaire or the club manager or designee based on customer demand to the Contracting Officer. When 20 FW Force Protection procedures require limited access to Shaw AFB, the NAFI will not be held responsible for lost revenue.

b. Authorized to provide catering services 24 hours per day, 7 days per week. Normal Club Operating Hours:

Monday: Closed unless scheduled for Catering Function or Club/Community Center sponsored event.

Tuesday thru Friday: 0800 – 2000 hours Saturday and Sunday: Closed unless scheduled for Catering Function or Club/Community Center sponsored event.

c. Lunch service: Tuesday thru Friday: 1100 – 1330 hours

d. Lounge foodservice: Availability for Tuesday – Friday bar menu from 1530-until bar closes.

19. Conservation of Utilities: The Concessionaire shall train and instruct employees in utilities conservation practices.

20. Food Code:

a. The Tri-Service Food Code shall be followed as the standard for the control of food borne illness on Air Force installations. AFI 48-116, Food Safety Program Code, shall be followed. AF Form 977 (Attachment 2), Food Facility Evaluation, shall be used to evaluate compliance with the Food Code according to the Military Public Health evaluation.

b. Food spoilage shall be disposed of in accordance with AFI 48-116, Food Safety Program Code.

21. Fire Protection: AFI 91-203, Air Force Consolidated Occupational Safety Instruction, shall be followed at all times.

22. All customer comment cards, to include 20th Force Support, shall be conveniently placed and used to provide feedback on customer service. Comment cards shall be provided, collected and submitted on a monthly basis to Club Manager or designee.

23. Inspections: Public Health, Civil Engineering, Fire Safety, and Base Safety, in accordance with Federal Government regulations, shall inspect the operation for health, safety, sanitation or fire violations at any time.

If the Concessionaire is found to not be in compliance with any of these regulations there may be cause for the facility to shut down until Concessionaire, when within the Concessionaire’s control, or Force Support has remedied the problem. Any sanitary deficiencies shall require immediate correction. If the facility is shut down due to non-compliance, the concessionaire will be required to reimburse the NAFI for lost revenue in the amount of $250.00 per day.

24. Financial. The Concessionaire is responsible for depositing all cash and negotiable instruments on a daily basis.

a. Settlement Report: The Concessionaire, within five workdays following the end of each month, shall provide an itemized Settlement Report to the Club Manager or designee and Contracting Officer.

1) Report shall list:

a) Catering contracts with contract numbers (revenue forecast from Caterease will be sufficient), final totals during the month and payment owed to the Concessionaire (balance in 1180001 account).

Outstanding balances from uncollectible catering contracts will be deducted from a future payment.

b) Totals from all AF Form 1875 or ALOHA checkout slips and 2555s (Attachment 2) if used. Support documentation shall be provided, including copies of submitted contracts, invoices and all AF Forms 1875 and 2555, if used.

2) After Club Manager or designee has reviewed, verified and approved the end of month Settlement Report, payment will be made by electronic funds transfer (EFT) within 3-5 workdays from submittal to AFSVA Accounts Payable.

3) The Club Manager or designee may print/review sales reports from the POS during the month. The Concessionaire will not have access to the read function in the POS, but may request copies/reports from the Club Manager or designee.

b. Gross Income: Income shall be defined as the total of the following: All money received from all activities.

Gross income does not include any exempt functions performed for Force Support or the Base at cost or at a discount, or any functions paid with Appropriated Funds. In no case shall sales tax be included in the computation of gross income

c. Records: The Concessionaire shall maintain records using Air Force forms issued by the NAFI and documented through cash register tapes, cash collection records, etc., of all income received.

d. Commercial credit cards: The concessionaire will accept credit cards according to the current AFSVA banking policy. The Concessionaire will use the Air Force provided credit card terminal to process these transactions. The Concessionaire will pay the NAFI one hundred fifty dollars ($150.00) toward bank fees for credit card charges.

e. Chargebacks: If the Concessionaire uses the Air Force provided credit card terminal, the Concessionaire is responsible for reimbursing the Air Force monthly if the credit card the Concessionaire processes results in a chargeback transaction for any invalid credit card transactions. The Air Force will provide the Concessionaire a detailed breakdown on any chargeback transactions.

f. Payments: All payments to the Concessionaire that involve Special Morale & Welfare (SM & W) funds or Squadron Funds will be added to daily sales paperwork and reported on the monthly settlement report.

Credit will be given for all SM&W or Squadron Funds that were used for that month. Approval letter will be attached to catering package when submitted to cashier cage for processing. Carolinas Skies Club will give a credit for sales using SM& W or Squadron Funds, all funds will be transferred to the Carolina Skies Club.

g. Coupons: All coupons will be submitted to Club Manager or designee daily with AF 1875 paperwork to cashier cage for processing. The total amount of the coupons redeemed during the month will be deducted from the percentage of gross sales the club is entitled.

25. Supplies: The Concessionaire shall stock expendable supplies in sufficient quantities to ensure uninterrupted operation of the concession.

26. Food Quality/Warranty:

a. Seconds: All products authorized (food and beverage) for the Concessionaire to sell, shall be marketable and sufficient for use intended. As a minimum, they shall be equal to products provided by first quality commercial establishments.

b. Approved Sources: The Concessionaire shall ensure that all foods are from approved sources in accordance with Tri-Service Food Code and AFI 48-116, Food Safety and Inspection Program. Presence of any unapproved food and beverage items on the premises will be cause for an unsatisfactory rating by Military Public Health Services (MPHS). MPHS have the authority to close any operation for noncompliance. The Concessionaire, at the beginning of the contract, shall provide Military Public Health Services, at least three days prior to delivery, a list of all food items and vendors to be used in this food and beverage service operation. This list shall be updated quarterly. MPHS shall have the right to request any additional information required by Air Force regulations, it may deem necessary at any time.

c. Inspections: All food and beverage items shall be available for inspection by Public Health Services in the raw state, prep condition, holding, serving line or storage area under control of the Concessionaire and subject to the provisions of this contract. Public Health personnel shall be provided unrestricted access to all facilities and all inspections shall be without notice unless follow up is necessary.

27. Facilities

a. The club rooms available for catered events are the Ballroom, Dining Room, Daedalian Room, “E” Lounge, Top Gun Lounge and patio areas. At a minimum, Tuesday through Friday nights in the “E” Lounge and Friday night in the Top Gun Lounge is set aside for ongoing lounge operations. No reservations will be made for the lounges after 1600 Tuesday-Friday if they are open for business. The Dining Room will be set aside Tuesdays-Fridays during the hours of 1000-1430 for the Lunch Buffet.

b. Customers may reserve rooms, if available, through the Club Manager, or designee, or the Concessionaire

1) Day/time is restricted to normal operating hours; any other requested day/time must be coordinated and contracted with the Concessionaire at additional fees and coordinated with the Club Manager or designee.

2) Customer must set up, clean up and restore room to original configuration unless Concessionaire has been contracted to perform services.

c. Securable office, kitchen, and storage space shall be provided to the Concessionaire by the NAFI.

d. Official Military functions shall have priority if booked 120 days prior to function for room reservations Monday through Friday during the hours of 0730-1700 over private catered functions.

e. Club events in calendar take priority over regular paid events.

f. Base Mission Requirements: Force Support Commander or designee has the authority to approve mission programs that are required in the club.

g. The Concessionaire shall prepare a schedule of up-coming, catered functions for the year. This schedule shall be updated weekly and provided to the Club Manager or designee at the beginning of each week.

h. The Force Support Squadron goal shall be to maximize the use of all available space through contracted events and Force Support programs.

i. The Concessionaire will have access to all public spaces, kitchen and applicable storage rooms located in The Club. The Club Manager or designee will maintain the main office area, cashier cage, and communications room. The lounges are set aside for members on Tuesday through Friday nights.

28. Liquor Sales: NAFI is the sole provider of Beer/ Wine, distilled spirits and liquor sales in the Carolina Skies Club and Conference Center. If full bar service is needed, Concessionaire will coordinate with Club Manager or designee for availability and scheduling of bar staff.

29. Environmental: Adherence to guidelines under the Environmental Compliance Audit and Management Program is subject to inspection by the Shaw AFB Environmental Office. All current directives regarding recycling and disposal of used materials must be followed.

30. Catering Exclusive: The contracted catering company is the exclusive provider for catered food services within The Carolina Skies Club and Conference Center facility.

31. NAFI Furnished Property:

a. Facilities: The NAFI shall furnish and/or make available facilities. Facilities have been inspected for compliance with the Occupational Safety and Health Act (OSHA). No hazards have been identified for which "workarounds" have been established. The NAFI shall correct OSHA hazards in accordance with base-wide Government developed and approved plans of abatement taking into account safety and health priorities.

A higher priority for correction will not be assigned to the facilities provided here merely because of this contracting initiative. The fact that no such conditions have been identified does not warrant or guarantee that no possible hazard exists, or that "workaround" procedures will not be necessary or that the facilities as furnished will be adequate to meet the responsibilities of the Concessionaire. Compliance with the Occupational Safety and Health Act and other applicable laws and regulations for the protection of employees is exclusively the obligation of the Concessionaire, and the NAFI will assume no liability or responsibility for the Concessionaire's compliance or noncompliance with such responsibilities

b. Equipment: The NAFI shall provide the Concessionaire equipment listed in the NAFI Inventory List (Attachment 1). The Concessionaire is responsible for cleaning and maintenance of equipment in accordance with equipment manufacturer’s requirements.

c. Equipment Inventory: Not later than five (5) calendar days after to start of the basic contract period, and before the exercising of each option year, the Concessionaire and a NAFI representative shall conduct a joint inventory of all NAFI furnished equipment listed, and the Concessionaire shall receipt for all equipment provided by the NAFI. The Concessionaire and the NAFI representative shall jointly determine the working order and condition of all equipment. Items of equipment missing or not in working order shall be recorded.

The Concessionaire and the NAFI representative shall certify their agreement as to the working order of the equipment. If the Concessionaire does not participate in the inventory, the Concessionaire must accept as accurate, the listing and stated condition of equipment provided by the NAFI. If the Concessionaire participates in inventory, but does not agree with the NAFI representative's determination as to the working order of the equipment, the equipment will be turned in as excess.

d. Obtaining Additional or Replacement Equipment: The Concessionaire is responsible for providing all equipment and supplies not provided by the NAFI. The NAFI reserves the right to assess the condition of all equipment and will then determine if repair or replacement is necessary. The NAFI will replace any equipment found defective during the inventory, and will replace equipment found to be beyond economical repair during performance of this contract.

e. Equipment Accountability: The Concessionaire shall designate custodians and alternates to receipt and account for NAFI furnished equipment. By completion or extension of each yearly option of the contract, a joint inventory of equipment shall be conducted by the Concessionaire and the NAFI representative. All equipment in need of repairs/maintenance shall be repaired/maintained by the NAFI. All repairs/maintenance performed by the NAFI shall be made at the NAFI's discretion. In the case of damaged property or Contractor negligence, the amount of compensation due the NAFI from the Concessionaire shall be the actual cost or repair, provided such amount does not exceed the economical repair value. In the case of loss or damage beyond economical repair to equipment, the amount of the Concessionaire's liability shall be the depreciated replacement value of the item as determined by the contracting officer. The Concessionaire shall return the facilities to the NAFI in the same condition as received. These facilities shall be used for performance of this contract and to meet the mission requirements of The Carolina Skies Club and Conference Center. Concessionaire can use the facility to prepare food for any location agreed upon by the Club Manager or designee in support of catering and food operations. The Concessionaire cannot use these facilities to prepare food for non-Club catered functions. Any failure of the Concessionaire to agree with such determination shall be treated as a dispute pursuant to the clause of this contract entitled "Disputes".

32. Materials: Shall be jointly inventoried at the start of the contract by the Concessionaire and the NAFI representatives. The NAFI shall furnish an initial inventory of materials listed. At the end of each contract year the Contractor will replace any missing items/equipment/inventory.

33. Services:

a. Linen: The Contractor is responsible for providing clean, stain-free, pressed linen and skirting. The Contractor has the option to use the currently established linen contract through the NAFI.

b. Postal/Installation Distribution: Federal Government official mail service only to Shaw AFB and its annexes shall be provided to the Concessionaire by the NAFI, including inter-office distribution within the base, at no cost to the Concessionaire. All commercial mail services are the responsibility of the Concessionaire.

c. Telephone/Network: The NAFI shall furnish class C phone service and related telephone hardware (on base access only). The Concessionaire shall bear the cost of all installation costs and related telephone hardware for other commercial telephone services. Concessionaire must have the installation of telephone complete within 30 days of signing contract. In addition, the Concessionaire will be responsible for removal of any telephone service or system, from Federal Government property, under the following circumstances;

termination of contract, loss of contract due to competitive bid or legal removal, or upon request by the base or installation commander. The Concessionaire is responsible for all telephone charges except on base calls. Network and E-Mail services may be established on the Base network if required. Concessionaire is cautioned that network services are for authorized Federal Government duties only. The 20th Communications Squadron must approve any communications equipment installed in The Club, in advance.

d. Custodial Service:

1) The NAFI shall provide custodial services for the customer areas of the club, to include restrooms.

Kitchens and service areas are not included in the custodial services provided. When cleaning of the carpet is required, the NAFI will furnish dates of cleaning to prevent the Concessionaire from booking special functions on those dates.

2) The Concessionaire will provide custodial services for the kitchen to include all preparation rooms, dishwashing room, storage rooms/areas and closets, back office, refrigerators and freezer, serving line area, soda area, salad bar, loading dock and adjacent areas. The serving line area must be cleaned at the end of each meal session. Hood filters must be cleaned daily. Public Health and housekeeping standards shall be maintained by the Concessionaire. The Concessionaire shall return all facilities and areas used for official and unofficial catered functions to their original state of order and cleanliness to include vacuuming of floors of rooms used and wiping down tables and chairs.

e. Refuse Collection: The NAFI shall furnish refuse collection services at central collection points. The Concessionaire shall remove refuse from serving line at the end of the day and is responsible for keeping dumpsters secure to prevent foreign objects and debris (FOD) from blowing away from the central collection point. The Concessionaire shall also be responsible for cleanup of all FOD not contained in the central collection point at no cost to the NAFI.

f. Insect and Rodent Control: The NAFI shall provide insect and rodent control as needed or as determined by Public Health Services. The Concessionaire shall notify the Club Manager or designee of any suspected insect infestations.

g. Grounds Maintenance: The NAFI shall provide grounds maintenance at the Club with the exception of debris blown from central dumpster locations.

h. Security-Police and Fire Protection: Call phone number 911.

i. Security Police Crime Stop Numbers: Crime Stop Number is 803-895-3600.

j. Training: The Contractor shall provide necessary training to employees and maintain records of all training on-site (i.e. Certificates) and have them available for COR or contracting officer’s review. In addition, contractor employees shall receive NAFI provided training listed below.

1) Food Handlers: The contractor shall ensure that contract supervisors receive food handlers training from an individual designated by the Director of Base Medical Services (DBMS) or Public Health, this training class is approximately two hours in length. All non-supervisory employees will be trained in food handling techniques by contract supervisors who have successfully completed the food handlers training course. Refresher training is repeated annually or as often as necessary for personnel to be aware of their responsibilities in safe food handling.

2) Fire Prevention: Contractor personnel shall attend at least 2 hours per year of fire prevention training provided by the NAFI. Refresher training will be provided annually.

3) Cash Handling Procedures: Contractor shall ensure that all cashiers know the proper cash handling procedures provided by the NAFI. Refresher training will be provided annually on local operating instructions.

4) Resource Protection: Contractor shall ensure that all cashiers and managers receive resource protection training provided by the NAFI within one month after employment. Refresher training will be provided annually.

5) Customer Service: Contract personnel shall receive customer service training from their employer no less than once a year.

34. Operational Procedures: Provide a telephone answering machine for off-duty hours and temporary absences.

Return all phone calls within 24 hours or but not later than the next duty day.

35. Facility Use and Security:

a. The NAFI will open front doors to the facility for customer’s access for lunch service and/or scheduled special functions.

b. The Contractor will secure kitchen interior and exterior doors and serving line after use and exit from facility.

c. The Contractor will close doors between serving line and kitchen when area is not in use. Lights in serving line area must be turned down/off when closed.

DEFINITIONS

1. Club Event. An event in which the NAFI purchases the food for preparation by Concessionaire for non-catered special events to include but not limited to: Membership Meals, Breakfast with Santa, Father/Daughter Ball, Mother/Son Dance, etc. Historically, there are an average of 25 Club events per year plus Weekly Friday Night Social Hours.

2. Official Military Function. A function that is paid for with Appropriated Funds to include but not limited to Right Start, Changes of Command, etc.

3. On Premise. At the Carolina Skies Club facility.

4. Off Premise. Not physically at the Carolina Skies Club facility but scheduled through the Carolina Skies Club Catering Office and within Shaw AFB proper. Common locations have been, but are not limited to, Hangar 1200 and Patton Hall.

Modified: April 3, 2018

GENERAL PROVISIONS

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

a. Contract. An agreement that creates a legal obligation. The elements of a contract are a mutual agreement;

between competent parties; for a legal purpose; involving the exchange of legal consideration; and that creates a mutuality of obligation to perform between the parties. The term contract, as used herein, includes without limitation, formal bilateral contracts, purchase orders, consignment sales agreements, amendments and modifications thereto, as well as other agreements entered into by an authorized Contracting Officer acting within his or her authority.

b. Contracting Officer. An individual delegated the authority to legally bind the NAFI by entering into, modifying, administering, and terminating contracts.

c. Contractor. Any legal entity that is awarded a contract. The Contractor is the party responsible for and agrees to furnish supplies and/or services at specified prices/rates and/or to pay the NAFI mutually agreed to commissions and/or fees in conjunction with providing services to NAFI customers under this contract.

Contractor may include, but is not limited to the following terms "vendor," "seller," "supplier,"

“manufacturer,” “distributor,” “concessionaire” and/or "licensee."

d. Contracting Officer’s Representative (COR). An individual authorized in writing by a Contracting Officer to monitor Contractor performance and/or help administer a contract. Definition applies to Contracting

Officer’s Technical Representative (COTR) and Alternate COR (ACOR).

e. Day. A day means, unless otherwise provided, a 24 hour period of time denoted as midnight to midnight of a calendar day, unless the last day of a specified number of days within which the contractor must file a claim or notice with the Contracting Officer falls on Saturday, Sunday or a…