Request_For_Proposal.pdf

DEPARTMENT OF THE AIR FORCE

86TH AIRLIFT WING (USAFE)

REQUEST FOR PROPOSAL - MORÓN CLUB CONCESSIONAIRE CONTRACT

Requesting Agency: 496 ABS/LGC

UNIT 6585

APO AE 09643

I. DESCRIPTION OF REQUIREMENT

Your firm is being solicited to provide a written proposal for club concessions and services at

Moron Air Base, Spain. The contractor shall provide all necessary labor, supplies, snack bar items, beverages, snacks, beer, sodas, food items, and transportation required for the operation of a club. The Government will supply the facility and the government furnished equipment identified in the attached PERFORMANCE WORK STATEMENT (PWS)

DATED 24 JULY 2017. The objective of this Request for Proposal is to award a concessionaire-type contract for a period of five (5) years; a one-year base period and four

(4) option years. Attached is the performance work statement for the requirement and a sample concessionaire contract for contractor review.

II. CLAUSES

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95 effective 19 Jan 2017 and Defense Federal

Acquisition Regulation DPN 20161222 effective 22 December 2016.

The following clauses and provisions apply to this solicitation and are included by reference:

Federal Acquisition Regulation (FAR) Clauses:

52.212-1 Instructions to Offerors - Commercial Items (see addendum below)

52-212-3 Offeror Representations and Certifications - Commercial Items, Alt 1

52.212-4 Contract Terms and Conditions - Commercial Items

52.222-50 Combating Trafficking in Persons

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities Relating to

Iran-Representation and Certifications

52.233-4 Applicable Law for Breach of Contract Claim

Department of Defense Federal Acquisition Regulations (DFAR):

252.222-7002 Compliance with Local Labor Laws (overseas)

252.229-7000 Invoices Exclusive of Taxes or Duties

252.229-7004 Status of Contractor as a Direct Contractor (Spain)

252.229-7005 Tax Exemptions (Spain)

252.229-7013 Tax Exemptions (Spain) - Representation

252.232-7008 Assignment of Claims (Overseas)

252.233-7001 Choice of Law (Overseas)

252.225-7041 Correspondence in English

252.225-7042 Authorization to Perform

252.228-7006 Compliance with Spanish Laws

Air Force Federal Acquisition Regulations (AFFAR):

5352.201-9101 Ombudsmen

5352.223-9001 Health and Safety on Government Installations

5352.242-9000 Contractor Access to Air Force Installations

The following clauses and provisions apply to this solicitation and are included by full text:

Federal Acquisition Regulation (FAR) Clauses:

Addenda to FAR 52.212-1 Instructions to Offerors – Commercial Items

As prescribed in FAR 12.302(d) the following addendum is provided for solicitation provision FAR 52.212-1 and hereby amends any language therein:

Quotation Preparation Instructions:

1. To assure the timely and equitable evaluation of quotations, vendors must follow the instructions contained herein. Vendors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors and sub-factors, if applicable.

2. Provide the following documents that show evidence of:

a. Spanish Business Registration

b. An official statement from the vendor’s bank validating that the contractor’s accounts are in good standing and do not have outstanding debt over the last five

(5) years.

3. The following evaluation factors will be used to determine the best value to the

NAFI:

a. PART I - Technical Capability

b. PART II – Remuneration (price)

I. PART I - Technical Capability – Technical evaluation will be graded where technical capability is significantly more important than price.

1. Provide a Business Plan

a. Submit a comprehensive business plan that describes in detail how the contractor intends to satisfy the contractual requirements of the attached

PWS and conduct day-to-day business operations. (Examples: staffing plans, management, schedules, etc.)

b. At a minimum the business plan needs to address the following paragraphs in the PWS: 1.1.3, 1.2, 1.3.2, and 1.5.7.

2. Provide Proof of Experience

a. Submit proof of experience within the last three (3) years, as a business in the local food service and/or restaurant industry.

3. Menu

a. Submit a FINISHED sample menu with ingredients and the proposed prices of each menu item.

b. Provide a procurement plan detailing how the Contractor intends to source all required food items and a listing of approved food and beverage distributors that the Contractor plans on using. ALL ITEMS MUST BE

PROCURED THROUGH AN APPROVED SOURCE (Attachment 1).

II. PART II - Remuneration, or a payment/commission made to the NAFI that is calculated based on the percentage or fixed return (not both) of

Concessionaire’s food and alcohol sales for a specified period of time. Please complete the price column of the below table. Utilize the information outlined in section 1.1.2 of the PWS to estimate workload. There is currently no past workload estimate outside of what is presented in the PWS.

Line Item Description Unit Price

(Percentage or Fixed

Return)

0001 The Contractor shall provide all personnel, transportation, supervision and all food and related supplies required to operate an American style restaurant at the Club Complex

Yr

1001 The Contractor shall provide all personnel, transportation, supervision and all food and related supplies required to operate an American style restaurant at the Club Complex

Yr

2001 The Contractor shall provide all personnel, transportation, supervision and all food and related supplies required to operate an American style restaurant at the Club Complex

Yr.

3001 The Contractor shall provide all personnel, transportation, supervision and all food and related supplies required to operate an

American style restaurant at the

Club Complex

Yr.

4001 The Contractor shall provide all personnel, transportation, supervision and all food and related supplies required to operate an

American style restaurant at the

Club Complex

Yr.

1. All proposals submitted must include the company's or individual's complete mailing address, phone number, e-mail address, if applicable, and remittance address.

2. For consideration, a complete proposal package must be received by the 496 ABS/LGC org box at 496abs.lgc.contractorsupport@us.af.mil no later than 10:00 a.m. on 4 October 2017. Proposals must address the items identified in the attached Performance Work Statement which will become affixed to and part of the contract. Proposals that are incomplete will be deemed non-responsive.

3. A formal site visit will be held at building 302 on 13 September 2017 at 1:00 p.m.

4. Please submit all questions regarding this solicitation no later than 12:00 p.m.

on 28 September 2017, to SSgt Joseph Carter via e-mail at joseph.carter.20@us.af.mil; or TSgt Pablo Velez via e-mail at pablo.velez@us.af.mil.

mailto:496abs.lgc.contractorsupport@us.af.mil mailto:joseph.carter.20@us.af.mil mailto:pablo.velez@us.af.mil

5. The concessionnaire contract document and your written proposal will constitute the final terms and conditions of the resulting contract from this solicitation.

FAR 52.212-2 Evaluation – Commercial Items (Oct 2014)

BASIS FOR CONTRACT AWARD

(a) This is a competitive best value acquisition. Technical capability is significantly more important than the Remuneration. The Concessionaire contract will be awarded to the offeror that represents the best value to the Government.

The following factors shall be used to evaluate offers:

i. PART I -Technical Capability

ii. PART II – Remuneration

(b) PART I - Technical capability will be ranked using comparative analysis based on three categories. No one section is weighted more than the other:

Each category will be given a possible 100 points. The total points accumulated will be compared with each interested party.

i. Business Plan

ii. Experience

iii. Menu (to include procurement plan)

(c) PART II - Price: Each offeror's proposed price (fixed or percentage) will be evaluated for reasonableness and realism.

i. Reasonableness will be determined based on prices submitted by the competition, current market conditions, and comparison to prior acquisitions, as appropriate.

ii. Realism will be based on an evaluation of prices to determine if they are compatible with the scope of effort, are not unbalanced, and are neither excessive nor insufficient for the effort to be accomplished.

For award purposes the offeror will be evaluated on the proposed percentage or fixed return of remuneration for the base year and each option year.

i. Failure to include a proposed percentage or fixed return is cause for exclusion from consideration for award.

(d) Options. The Government will evaluate offers for award purposes by adding the averaged prices for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

(e) 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.

(End of Provision)

52.214-34 Submission of Offers in the English Language

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

(End of Provision)

52.217-8 Option to Extend Services

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed

6 Months. The Contracting Officer may exercise the option by written notice to the

Contractor within

30 Days.

(End of Clause)

52.217-9 Option to Extend the Term of the Contract

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 Years and 6 Months.

52.225-14 Inconsistency Between English Version and Translation of Contract

In the event of inconsistency between any terms of this contract and any translation into another language, the English language meaning shall control.

The full text of the FAR, DFAR, and AFFARS can be accessed on the Internet at http://farsite.hill.af.mil. The Defense Priorities and Allocation System (DPAS) assigned rating is: none. Addendum to FAR 52.212-1 Instructions to Offerors - Commercial Items.

As prescribed in FAR 12.302(d) the following addendum is provided for solicitation provision FAR 52.212-1 and hereby amends any language therein:

SPECIAL PROVISIONS

(CONCESSIONAIRE CONTRACT)

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

2. Termination: If any conflict shall arise FAR 52.212-4(l), shall take precedence.

Notwithstanding the clause titled "Termination for Convenience" of the General Provisions relative to termination of this Concessionaire contract, it is mutually agreed that this

Concessionaire contract may be terminated in whole or in part by either party:

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

Concessionaire contract by the other party.

b. On 60-day notice in writing to the other party. No liability ensues to either party for terminations rendered pursuant to this subparagraph b.

3. Actions To Be Taken Upon Termination (Including Expiration). Concessionaire will promptly settle its account with the NAFI, including payment in full of all amounts due, yield up the facilities and all NAFI furnished property, clean and leave premises in as good order and condition as when received (exceptions are damages due to acts of God or the US Government, and ordinary wear and tear); surrender all installation passes, decals, and so forth, and complete satisfactory settlement of all customer complaints and claims. Termination of the Concessionaire contract does not release the Concessionaire from the obligation to satisfactorily settle customer complaints and claims. The Concessionaire will promptly remove all Concessionaire owned fixtures and supplies. On failure to remove the Concessionaire’s property, the Contracting

Officer may cause Concessionaire’s property to be removed and stored in a warehouse at the

Concessionaire’s expense. If the Concessionaire is indebted to the NAFI, the Concessionaire authorizes and empowers the Contracting Officer to take possession of the Concessionaire’s property and dispose of same by public sale without notice, and out of the proceeds of sale, satisfy all costs and indebtedness to NAFI.

4. Indebtedness:

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

http://farsite.hill.af.mil/

b. The NAFI may charge the Concessionaire for a dishonored check received from the

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

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

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 not later than 90 days after the effective date of termination or expiration of this Concessionaire contract. This clause does not extend the period for filing claims where specifically limited by another clause.

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

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

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

10. Customer Complaints, Claims, and Refunds. The Concessionaire agrees to adhere to the

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

11. Internal Controls of Charge-Card Sales:

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

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

Concessionaire.

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

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

12. Concessionaire Settlement Report. At the conclusion of the sales period or as specified by the

Contracting Officer, Concessionaire will prepare a Concessionaire Settlement Report signed by the Concessionaire showing the gross sales for the period and percent due the NAFI, and give the

NAFI the fees due for that period. The original of the form reflecting sales data will be attached.

AF Form 2555 is the preferred form to be used.

13. 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.

14. Premises. The assignment of space is revocable and is not construed as the creation of tenancy. Concessionaire is liable for any damage to or loss of the premises and NAFI furnished property or injury to persons resulting from acts or omissions of Concessionaire, its employees, or agents, whether or not covered by insurance. Sublet of any of the premises assigned or assignment to another concession is not authorized. Use of the premises and NAFI furnished property for any purpose other than those specifically set forth herein is prohibited.

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

15. Taxes:

a. Concessionaire assumes complete and sole liability for all Federal, State, host country, and local taxes applicable to the property, income, and transactions of the

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

State. Where required by State law or regulation, the concessionaire will obtain and conspicuously display the State sales tax permit.

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

Attachments:

1. Performance Work Statement

2. NAF General Provisions

3. Approved Food Sources