Juice Bar Solicitation.doc

Section B - Supplies or Services and Prices

HEALTH FOOD/DRINK CONCESSION

FFP

Furnish all labor, materials, equipment (not otherwise provided by the NAFI), services, oversight/supervision necessary to operate a healthy food concession and juice bar in the RAF Mildenhall Hardstand Fitness Center, according to attached Statement of Work. Contractor shall fill in and adhere to Section B CLIN structure and the attached Fee Schedule. -SITE VISIT TO BE HELD 13 JANUARY 2011 @ 1300 HOURS, FOR MORE INFORMATION SEE SECTION L (INSTRUCTIONS TO OFFERORS)

FOB: Destination

NSN: S203-P1-JUI-CEBA

PURCHASE REQUEST NUMBER: MILDF220100040

SIGNAL CODE: A

NET AMT

FFP

Furnish all labor, materials, equipment (not otherwise provided by the NAFI), services, oversight/supervision necessary to operate a healthy food concession and juice bar in the RAF Mildenhall Hardstand Fitness Center, according to attached Statement of Work. Contractor shall fill in and adhere to Section B CLIN structure and the attached Fee Schedule. -SITE VISIT TO BE HELD 13 JANUARY 2011 @ 1300 HOURS, FOR MORE INFORMATION SEE SECTION L (INSTRUCTIONS TO OFFERORS)

FOB: Destination

NSN: S203-P1-JUI-CEBA

PURCHASE REQUEST NUMBER: MILDF220100040

SIGNAL CODE: A

NET AMT

FEE SCHEDULE

FEE SCHEDULE

FITNESS CENTER HEALTHY FOOD/DRINK CONCESSION

Offerer enters below a fee percentage offered to the NAFI(s) from the gross receipt of the facility, less taxes. An offer must be made on all categories for that offer to be eligible for consideration for award. Fee will be paid based on the total combined sales of the location included in this Contract.

Concessionaire must pay the NAFI a MINIMUM sum equal to thirteen percent (13%) of gross sales. Procedure for payment of fees due the NAFI is outlined in section “C.5.5 Payment Terms” of the SOW.

Item No. Year of Service

Percentage Fee

1. Performance Period (14 Mar 2011- 13 Mar 2013)

2.

Option Period

(14 Mar 2013- 13 Mar 2016)

Section C - Descriptions and Specifications

STATEMENT OF WORK

STATEMENT OF WORK

FOR

100 FSS NAF JUICE BAR

RAF Mildenhall, United Kingdom

VISION: Wide variety of quality and nutritious food at reasonable prices prepared and served IAW recognized industry standards and commercial best practices.

DEFINITIONS:

- Within this statement of work, the terms “Government” and “NAFI” are used in an interchangeable way.

- “Gross receipts” are defined as the total amount received, realized by or accruing to the Contractor from all sales for cash or credit for all services, materials or other merchandise, made pursuant to the privileges authorized by this contract. All revenue will be deemed to be received at the time of determination of the amount due the Contractor for each transaction, whether cash or credit, and not at the time of billing or payment, unless otherwise specifically stated in this contract. The exchange rate will be calculated at the daily rate for the NAFI.

- The COTR (Contracting Officer Technical Representative): The Contracting Officer, with coordination with the 100 FSS/CC, will designate the COTR in writing and an alternate appointed COTR in writing to act as the technical representative in the administration of this contract. The Contractor and the COTR will coordinate contract changes and will be coordinated with the Resources Chief before contract changes can be made. The COTR will monitor the work being performed to ensure compliance with the Statement of Work (SOW). The COTR is not authorized to make changes to the plans or specifications. Any work performed as a result of a changed condition or at the request of the COTR or any other individual without first obtaining Contracting Officer approval is done at the Contractor’s expense. All funds commitment for the NAFI will be coordinated with the funds custodian.

A. Performance Period: The performance period of this contract will be for a base period of two (2) years with one (1) additional three (3) year extension for a potential total performance period not to exceed five years (Base Period of two (2) years with one additional 3 (3) year option).

A.1 In the event that the Contractor chooses to not accept the option period of this contract, the Contractor will notify the Contracting Officer in writing, no later than (180) days prior to the month in which the current performance period expires.

B. Phase-In Period: The Contractor will ensure full manning/operations are available according to the submitted proposal and this Statement of Work (SOW) no more than 30 calendar days after award of contract. The Contractor will provide and maintain properly trained, qualified personnel starting with the first day of the performance period. Remodel and installation of equipment will take place during the phase-in period. The Contractor will become familiar with work and personnel requirements during this period. This includes obtaining security clearances/badges, temporary entry badges, training requirements, developing work plans and procedures, equipment installation, and finalizing quality control plans and procedures.

B.1 Pre-Performance Requirements Overview

B.1.1 Before beginning performance under this agreement, the Concessionaire will submit a listing of menu items, with corresponding selling prices, to the Government Representative for approval or disapproval action. The final approved listing is considered part of this agreement. Place the price list in a conspicuous spot for patrons to see.

B.1.2 Furnish all labor, materials, equipment (not otherwise provided by the NAFI), services, oversight/supervision necessary to operate a healthy food concession and juice bar in the RAF Mildenhall Hardstand Fitness Center. The contractor shall sell specialty sports drinks, juices, fresh brewed coffee/espresso/cappuccinos and assorted healthy beverages, to include protein shakes, fat burning shakes, and weight loss shakes. Additionally, healthy menu items to include freshly made sandwiches, Panini’s, wraps and salads to authorized patrons for consumption on the premises or for carry out.

B.1.3 Contractor must review and abide by all rules and regulations stated in the Host Agency Check (Appendix F) prior to performing under this contract.

C. Description of Work: Contractor will furnish all labor, materials, equipment, services, oversight/supervision necessary to provide an integrated system for the management and delivery of employee/food services at the Hardstand Fitness Center at RAF Mildenhall (RAFM), United Kingdom (UK) in accordance with all stated requirements with a desired performance/turnover start date to be determined by the contract award date.

C.1 Basic Terms

C.1.1 This contract is automatically terminated in the event the NAFI is dissolved.

C.1.2 Contractor shall be responsible for paying all operating expenses not expressly undertaken by the NAFI.

C.1.3 Contractor will submit, with its offer, a comprehensive health and sanitation plan that will be evaluated by the NAFI and incorporated into the resulting contract.

C.1.4 On expiration of the term fixed in this Contract or on prior revocation or termination as herein provided, the Concessionaire must immediately remove all of its property from the premises. On failure to do so, the NAFI may cause property to be removed at the expense of the Concessionaire, or consider such property to be abandoned by the Concessionaire and dispose of the abandoned property.

C.1.5 Contractor will provide prompt, efficient, courteous service, and avoid undue interference with the operation of buildings in which services are provided. Licenses, insurance and permits will be obtained as required by local authorities and all applicable building, health, sanitary, and other regulations and laws will be observed. Contractor will employ sufficient and suitable personnel, secure and maintain insurance, and maintain records. Contractor will pay all fees, costs, or other charges incident to or resulting from operations under the agreement. Reasonable care will be exercised in the use of space and Government-owned equipment and, upon termination of the contract, the Contractor will yield such space and equipment in as good condition as when received, except for ordinary wear and tear, damage, or destruction beyond Contractor’s control and not due to the Contractor’s fault or negligence. Upon completion/termination of the contract, the Contractor will not remove any equipment fixed to the real property. Removal of Contractor property will be managed by the CO.

C.2 Facilities to be operated

C.2.1 The 100th Air Refueling Wing, Force Support Squadron (100 FSS) at RAFM, UK, hereby referred to as the “NAFI” will establish an exclusive , contractual partnership with a nationally recognized commercial employee/food service management company, hereby referred to as the “Contractor”, for the purpose of providing the management and delivery of employee/food services at RAFM, UK.

The Contractor will have exclusive rights to sell food and beverage in the following NAFI locations:

The Hardstand Fitness Center; to include serving an assortment of healthy foods, fruit smoothies, bottled water and other healthy drinks.

C.2.2 Contractor will establish and operate in the Contractor’s name, the NAFI furnished food/employee service facility as described in below subparagraphs for the purpose of dispensing food, beverages, and such other items/services authorized by the COTR. The facility will maintain the current name and all signage on the exterior of the building will be approved by 100 ARW/CE and the COTR. All name changes must be approved by the 100 FSS/CC through the COTR.

C.2.3 Contractor will be responsible for all repairs to Government furnished building structures and facilities necessitated by its own negligence, or the negligence of its agents, employees or vendors. Prior to any required repairs the contractor will coordinate with the COTR, who will liaise with RAFM Civil Engineering Squadron.

C.2.4 Except as otherwise specified, the NAFI will maintain and repair the facilities and may alter, recondition, or improve the space consistent with its intended purpose, or as necessary to conform to applicable health or sanitary requirements. Structural changes are not authorized. The contractor shall coordinate all alterations to the provided space with the NAFI office or the Contracting Officer, if such alterations are necessary to operate the business.

C.2.5 Upon the expiration or termination of this contract, all NAFI-owned equipment and property will be returned to the NAFI in as good as condition as when received, except for ordinary wear and tear.

C.3 Hours of Operations

C.3.1 As a minimum, the facilities operating hours must be as outlined below:

Monday – Friday – 6:30 a.m. to 3 p.m.

Saturday and Sunday – Closed

C.3.2 Hours and types of service such as, US, UK and USAFE Family and Goal days will be determined by mutual agreement between the Contractor, and the COTR. Notification of changes will be posted base-wide for a minimum of 15 calendar days prior to implementation of approved changes. Emergency hours of operation may be required if directed by 100 ARW/CC though the COTR.

C.3.3 Contractor shall not change the business hours and days of operation of the juice bar without written approval of the Contracting Officer. Requests for changes in hours of operation must be submitted in writing through the Club manager for final approval by the Contracting Officer.

C.4 NAFI Responsibilities

That the NAFI will:

C.4.1 Grant the Concessionaire permission to provide an Integrated System for the management and delivery of employee/food services to authorized patrons at the assigned location of The Hardstand Fitness Center in accordance with the attached Statement of Work (SOW).

C.4.2 Furnish sufficient quantities of space, storage and utilities to ensure operations of the Hardstand Fitness Center Health Food/Drink Concession.

C.4.3 The NAFI will not be responsible in any way for damage, loss, injury or loss of life occasioned by fire, theft, accident, or otherwise to the Contractor’s stored supplies, materials, equipment, employees or the employees’ personal belongings. Any personal injury or physical damage to the building or equipment resulting from fire or other causes will be immediately reported to the COTR. Providing coverage for property damage and personal injury of Contractor employees will be the responsibility of the Contractor.

C.4.4 The NAFI will provide all services associated with the facilities, as agreed to by the Contractor and the NAFI.

C.4.5 Utility connections used for the operation of the facilities covered under this contract will be provided by the US Government to the point of connection or point of outlet, as appropriate. The Contractor will be responsible for all costs associated with telephone service used in order to fulfill the terms of this contract. The NAFI may elect to furnish one government line if it is in the best interest of the government.

C.4.6 Waste Transfer Regulations: The Contractor will adhere to all Waste and Transfer Regulations for RAF Mildenhall. The US Government will furnish trash disposal service, except grease removal as long as those services are provided to the NAFI at no costs to the NAFI. However, the Contractor will ensure that the area is kept clean and the doors on the trash disposal dumpsters are closed at all times except when being used. If the Contractor elects to have disposal services beyond the standard NAFI service, it will be at the Contractor’s expense.

C.5 Contractor Responsibilities

C.5.1 Health and Safety

C.5.1.1 Contractor must 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.

C.5.1.2Contractor will serve food under clean and sanitary conditions in accordance with the provisions and recommendations contained in the Food Service Code 2001, Public Health Service; Publication No. (FDA – Food and Drug Administration) 78-2081. All food served will be wholesome and free from spoilage, free from adulteration and misbranding, and safe for human consumption. Uncooked items, such as fresh fruits, will be clean and free from blemish. All foods, when served, will be attractive in appearance and correct in temperature and consistency and in compliance with Air Force regulation. They will be crisp, moist, dry, tender, etc., as may be appropriate in each case. Contractor will be subject to regular announced and unannounced public health and sanitation inspections. All Contractor food sources must be approved in advance by the appropriate Public Health Service Inspectors.

C.5.1.3 The contractor may purchase food from local sources. Any food purchased must be from an Air Force Public Health approved source. Any existing contractor food sources not on the approved vendors list must be approved in advance by the appropriate Public Health Service Inspectors. For a list of approved European vendors please visit http://vets.amedd.army.mil/86256F90007C2D1D/Europe

C.5.1.4 Contractor’s employees must be physically able to do their assigned work and free from communicable diseases. Contractor will follow the guidelines set forth in the Food Service Sanitation Manual, Public Health Service Publication No. (FDA) 78-2081 and any local codes and regulations relating to food service sanitation and procedures.

C.5.1.5 Be subject to inspection by Public Health Officials (PHO) without advance notice. Issuance of two (2) unsatisfactory ratings by the PHO within one (1) year shall result in contractor being penalized 1% of their gross income of the month following the second unsatisfactory rating. The contractor shall have 24 Hours to correct any/all discrepancies. Three (3) or more unsatisfactory ratings within a year will be cause for termination of this contract. The NAFI, may without notice, inspect the area of responsibility periodically to ensure Public Health Standards are being enforced.

C.5.1.6 Shall utilize the existing 100 FSS Customer Comment Program. The Club Manager will brief the Contractor and provide guidance on the program prior to the first performance day. If customer satisfaction drops below 70%, NAFI will request a meeting to rectify problems addressed, if improvement is not shown NAFI reserves the option to terminate the contract.

C.5.1.7 Provide products or services of a quality satisfactory to the NAFI manager or their duly authorized representative.

C.5.1.8 Contractor will be responsible for cleaning all food service equipment, systems. Maintenance and cleaning will be such that it meets operational, standard commercial practices, safety, and health requirements.

C.5.1.9 Contractor will furnish all labor, supplies, materials, equipment, and supervision necessary to maintain the facility in a clean, orderly, and sanitary condition at all times.

C.5.1.10 Keep the concession area clean, orderly, attractive, secure, and in a safe and sanitary condition to the satisfaction of the NAFI managers and in compliance with all applicable health and safety laws and regulations.

C.5.1.11 Failure by the Contractor in keeping any of the facilities in a clean, orderly, and sanitary condition satisfactory to the COTR will result in the NAFI providing the services and/or obtaining the services of a recognized janitorial company, and in either case, billing the Contractor for the cost of such services.

C.5.1.12 Comply with all fire protection and prevention regulations and fire defense plans prescribed for the facilities.

C.5.2 Employee Requirements

C.5.2.1 Comply with all applicable employment laws pertaining to wages, worker's compensation, equal opportunity, and so forth, as implemented by Air Force directives and required by host nation law.

C.5.2.2 Furnish a sufficient number of trained employees for the efficient performance of this Concessionaire contract. Concession personnel must meet the health and security standards prescribed by applicable regulations, and must obtain installation passes and permits and security clearances as applicable. All employees will be sober, drug free, conscientious, neat, and courteous. Concession personnel must give prompt and courteous treatment to all customers. Concession personnel must be neatly dressed and meticulous in their personal grooming at all times. Concessionaire shall provide employees clean uniforms or, when uniforms are not required, ensures that all clothing worn by employees is clean and in good condition at all times. A nameplate must be worn. The contractor and staff shall be fluent in conversational English, i.e. service staff must be able to take orders and answer questions.

C.5.2.3 Contractor’s employees will wear appropriate, distinctive clothing such as blouse, shirt, or other uniform as means of identification during the time they are working in a facility. Legible name badges or embroidered clothing, identifying each employee, will be furnished by the Contractor and displayed as part of the uniform.

C.5.2.4 Employ only persons who meet the health standards prescribed by law or regulations, which pertain to the jobs for which they are hired. Employees must be physically able to do their assigned work and free from communicable diseases.

C.5.2.5 Contractor will maintain an employee-training program that will continue for the duration of the contract period to ensure that employees perform their jobs with the highest standards of courtesy, efficiency and sanitation.

C.5.2.6 Contractor will provide adequately trained relief personnel to substitute for the regular employees when they are absent, ensuring that a high quality employee/food service operation is maintained at all times.

C.5.2.7 Contractor will require employees to comply with instructions pertaining to conduct and building regulations in effect for the control of persons in the facility or as directed by the building custodian.

C.5.3 Equipment

C.5.3.1 Contractor will provide all necessary materials to transform the existing space in the fitness center into a casual, trendy juice bar operation. An area for to allow for customer dining in will be provided. Should the contractor elect to use this space the contractor must provide all necessary furnishings (tables/chairs). The amount/style of the tables and chairs must be approved through NAFI.

C.5.3.2 Contractor will provide all electrical equipment required for making specialty juice bar drinks, grilled sandwiches, salads, along with refrigeration units and any other equipment the contractor requires to operate the concession.

C.5.3.3 Contractor will be responsible for all Contractor furnished equipment costs required for needed adjustment and repairs to ensure equipment is maintained in a satisfactory condition.

C.5.3.4 The Contractor shall provide detailed electrical requirements to the Club Manager for local Civil Engineering approval prior to any work carried out or equipment installed. The contractor shall pay any costs associated with equipment installation.

C.5.3.5 The Contractor will provide an itemized priced inventory of all furnished equipment with a copy provided to the Contracting Officer for inclusion with the official contract file.

C.5.3.6 Required equipment and small-wares not furnished by the NAFI will be furnished by the Contractor. The contractor will replace such equipment and small-wares when necessary because of loss, wear, breakage, or obsolescence. Contractor furnished equipment and small-wares will be of the same quality in keeping with that of commercial industry standards.

C.5.3.7 Contractor will obtain the COTR’s advance written approval pertaining to location and means of attachment before installing any equipment, connecting any electrical, gas, or water-using equipment, or attaching shelving or other major fixtures. All installations must be coordinated with 100 ARW/CE prior to installation.

C.5.3.8 Shall be responsible for any costs associated with the required installation and operation of commercial telephone for the operation.

C.5.4 Menu

C.5.4.1 Menus – Contractor will maintain menu rotations, tailored accordingly to the facility’s unique need with coordination/approval of the assigned COTR/QAP. Contractor will meet business and industry standards of quality and nutrition, and comply with and support the current edition and all subsequent revisions of United States Dietary Guidelines for Americans, USDA, (i.e., offer foods low in total fat, saturated fat, cholesterol, sodium, sugar; such as lean meats, low-fat dairy products, vegetables, fruits and grain products). The presentation of food will be consistent with food service industry standards for comparable commercial facilities.

C.5.4.2 Not less than yearly or as requested by the NAFI, the Contractor will furnish to the COTR the menu rotations with the individual suggested prices and portions for each item. The menus will be reviewed and approved by the COTR who will coordinate with leadership prior to their use.

C.5.4.3 Contractor shall not change menu items without written authorization from the COTR. Any changes in items or pricing must be reviewed by the Club Manager and authorized in writing by the COTR.

C.5.5 Payment Terms

C.5.5.1 The Concessionaire will deposit 100% of gross sales and a USAF 341 Concessionaire Sales Record to the NAFI at the end of each performance day. The Concessionaire will maintain a copy of each Concessionaire Sales Record submitted. The NAFI will maintain the percentage due IAW the Fee Schedule. NAFI will then make payment to the vendor by Electronic Funds Transfer (EFT) – frequency and dates will be negotiated at the time the contract is signed.

C.5.5.2 At Concessionaire's expense, obtain all permits, give all necessary notices; pay all license fees; and comply with all municipal, national and host nation laws, rules, ordinances, and regulations, and any publication published by the military relating to public health or applicable to the business carried on under this agreement and assume complete and sole liability for all national, state, and local taxes applicable to the income, and transactions of the concession.

C.5.5.3 Air Force Auditor General personnel, or any person designated by the installation commander, will have the right to inspect or audit the accounts and methods of internal control established by Concessionaire, and to make such inspection or audits as may be considered necessary to ensure strict compliance by Concessionaire with all provisions of this contract and with applicable Air Force regulations.

C.5.5.4 Any monies due and payable to the NAFI from the Concessionaire on the date of this contract must be paid in full or will remain due and payable until final settlement.

C.5.5.5 Shall provide and utilize a cash register. All sales shall be rung up in full view of the customer. The register shall be equipped to expend a customer receipt and maintain a journal tape. All prices shall be posted in US dollars. The Contractor shall provide a minimum $100 change fund.

C.5.5.6 The Contractor may accept credit cards (Visa/MasterCard) for payment from patrons. Service fees shall be borne by the contractor, unless the contractor chooses to utilize the NAFI system. Contractor shall accept US Dollars and may accept British Pounds. Exchange rates shall be clearly posted at the cash register and shall be updated accordingly with the fluctuating market. Personal checks shall not be accepted.

C.5.6 Advertising

C.5.6.1 Contractor shall comply with all applicable memoranda, bulletins, and letters of instruction issued by or on behalf of the NAFI manager or their duly authorized representative relating to matters of compliance with safety requirements on the installation. Local installation instructions and regulations are readily available and updates will be maintained by 100 FSS on a local bulletin board. Areas covered by these local regulations pertain to driving, fire procedures, safety on a military installation. Contractor will also require employees to comply with instructions pertaining to conduct and building regulations in effect for the control of persons in the facility or as directed by the building custodian.

C.5.6.2 Any advertising materials produced by the Contractor should strictly adhere to the 100 FSS corporate advertising standards. (Outline attached.)

C.5.6.3 Easy-to-read menus with prices listed will be prominently displayed for the information of patrons. Any desired advertising/marketing to be conducted outside of the individual facilities premises will be mutually agreed upon by the Contractor and the COTR/QAE. The Contractor is fully responsible for all in-house marketing and advertising costs. All signage will be displayed in accordance with base regulations. The NAFI will provide the Contractor advertising for the first quarter of year one on the contract in their in-house magazine, and base bulletin boards at no cost.

C.5.7 Contractor will not:

C.5.7.1 Represent or permit itself to be represented to the public as an agent or employee of the NAFI by the use of the name of the NAFI on letters, bills, signs, or by any other means. The Concessionaire, its servants, agents, and employees, are in no sense agents of the United States, the NAFI, the commander of the installation within which the concession exists, or of any other entity having to do with the operations of the NAFI.

C.5.7.2 Use of this facility in its corporate advertising, to state or imply Government endorsement of its business;

C.5.7.3 Give or offer to any officer or employee of the NAFI, or any other part of the Federal

Government, any gift, privilege, special benefit, discount, or anything else of material or personal nature whereby the individual or employee would receive preferential treatment.

C.5.7.4 Use the premises furnished by the NAFI to prepare foods or beverages for sale at any location other than those stated within the SOW.

C.5.7.5 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.

C.5.7.6 Sell merchandise or services for anything other than US or UK currency, unless authorized in writing by the Contracting Officer. Payments can be made by cash, credit or debit cards

C.5.7.7 Sell, deal in, or otherwise possess or transfer, on the concession premises, any form of intoxicating liquors or narcotics.

C.5.7.8 Loan money to or borrow money from customers or others, which includes Federal Government (including NAFI) employees and military personnel.

C.5.7.9 Sell merchandise or services on credit i.e. establish lines of credit for customers.

C.5.7.10 Engage in or permit gambling or possession or use of any gambling device on the concession premises or elsewhere on the installation.

C.5.7.11 Not leave cash on the premises in operational areas during non-operational hours.

C.5.7.12 Store highly flammable material within government building or concession premises.

C.6 NAFI Furnished Facilities, Equipment, Utilities, and Services

C.6.1. Except as otherwise specified, the NAFI will maintain and repair the facilities and may alter, recondition, or improve the space consistent with its intended purpose, or as necessary to conform to applicable health or sanitary requirements. Structural changes are not authorized.

C.6.2 The NAFI will provide all services associated with the facilities, as agreed to by the Contractor and the NAFI.

C.6.3Upon the expiration or termination of this contract, all NAFI-owned equipment and property will be returned to the NAFI in as good as condition as when received, except for ordinary wear and tear.

C.6.4 Utility connections used for the operation of the facilities covered under this contract will be provided by the US Government to the point of connection or point of outlet, as appropriate. The Contractor will be responsible for all costs associated with telephone service used in order to fulfill the terms of this contract. The NAFI may elect to furnish one government line if it is in the best interest of the government.

C.6.5 Waste Transfer Regulations: The Contractor will adhere to all Waste and Transfer Regulations for RAF Mildenhall. The US Government will furnish trash disposal service, except grease removal as long as those services are provided to the NAFI at no costs to the NAFI. However, the Contractor will ensure that the area is kept clean and the doors on the trash disposal dumpsters are closed at all times except when being used. If the Contractor elects to have disposal services beyond the standard NAFI service, it will be at the Contractor’s expense.

100 FSS/FSC CORPORATE ADVERTISING STANDARDS

FOR

CONTRACTORS AND CONCESSIONAIRES

1. 100 FSS contractors and concessionaires may produce materials to promote sales with the following guidelines:

a. All advertising materials i.e. posters, flyers, print ads, coupons and promotional materials must be approved for publication in advance by the 100 FSS Marketing Director or designee.

b. All advertising materials must be in good taste and not be offensive to people of different cultures, genders or portray the Air Force in a negative light.

c. No other sponsor logos may appear on the same advertising piece unless previously approved by the 100 FSS Marketing Director or designee.

d. Advertising materials must have all text correctly spelled with correct grammar and punctuation.

e. If the concessionaire is located in a FSS facility, the proper usage of the facility’s official name, location, and logo should be used. Building number and both DSN and civilian telephone numbers should appear on any advertisement.

f. All flyers, brochures and posters should highlight the most important information by answering the questions: Who, What, When and Where

g. Civilian time is utilized on all display ads in the Stars and Stripes

h. Scanned images or paste up images must be clear, not dark or crooked, and easily identifiable when printed. Clip art used must not be outdated.

i. The 100 FSS logo or any affiliation with the Air Force must not be used by the Concessionaire in other forms of promotion which would infer or imply that the Concessionaire’s products or services are approved, promoted, or endorsed by the Air Force.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

13-MAR-2013

SCHUYLER RANSTED

BUILDING 437 RAF MILDENHALL

APO AE 09459

01638542934

FOB: Destination

13-MAR-2016

FOB: Destination

Section G - Contract Administration Data

Section I - Contract Clauses

NAF GENERAL PROVISIONS/CLAUSES

SPECIAL PROVISIONS

(CONCESSIONAIRE CONTRACT)

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

2. Actions To Be Taken Upon Termination (Including Expiration). Concessionaire will promptly settle its account with the NAFI, including payment in full of all amounts due, yield up the facilities and all NAFI furnished property, clean and leave premises in as good order and condition as when received (exceptions are damages due to acts of God or the US Government, and ordinary wear and tear); surrender all installation passes, decals, and so forth, and complete satisfactory settlement of all customer complaints and claims. Termination of the Concessionaire contract does not release the Concessionaire from the obligation to satisfactorily settle customer complaints and claims. The Concessionaire will promptly remove all Concessionaire owned fixtures and supplies. On failure to remove the Concessionaire’s property, the Contracting Officer may cause Concessionaire’s property to be removed and stored in a warehouse at the Concessionaire’s expense. If the Concessionaire is indebted to the NAFI, the Concessionaire authorizes and empowers the Contracting Officer to take possession of the Concessionaire’s property and dispose of same by public sale without notice, and out of the proceeds of sale, satisfy all costs and indebtedness to NAFI.

3. Indebtedness:

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

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

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

5. Claims by Concessionaire. No claim by the Concessionaire relating to this Concessionaire contract may be considered by the Contracting Officer unless such claim is submitted in writing to the Contracting Officer not later than 90 days after the effective date of termination or expiration of this Concessionaire contract. This clause does not extend the period for filing claims where specifically limited by another clause.

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

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

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

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

10. Internal Controls of Charge-Card Sales:

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

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

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

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

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

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

NOTE: If the Concessionaire is required to reimburse the United States Government for utilities furnished, then the rates are set by the installation commander and agreed to by both parties.

13. Premises. The assignment of space is revocable and is not construed as the creation of tenancy. Concessionaire is liable for any damage to or loss of the premises and NAFI furnished property or injury to persons resulting from acts or omissions of Concessionaire, its employees, or agents, whether or not covered by insurance. Sublet of any of the premises assigned or assignment to another concession is not authorized. Use of the premises and NAFI furnished property for any purpose other than those specifically set forth herein is prohibited. Concessionaire will not make any alterations in the facilities provided without prior authorization from the NAFI manager. Concessionaire will comply with installation fire and safety regulations, and applicable health and sanitation regulations. Concessionaire will post or display on the premises any sign furnished by the NAFI.

14. Taxes:

a. Concessionaire assumes complete and sole liability for all Federal, State, host country, and local taxes applicable to the property, income, and transactions of the Concessionaire, and where required by applicable laws and regulations, will collect and remit to the State applicable sales taxes. Sales taxes, which have been collected, are excluded from the computation of gross receipts in the determination of the fee payable to NAFI. The amount of taxes excluded will not exceed the actual sum payable to the State. Where required by State law or regulation, the Concessionaire will obtain and conspicuously display the State sales tax permit.

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

GENERAL PROVISIONS

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

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

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

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

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

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

2. DISPUTES (NOV 2005)

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

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

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

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

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

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

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

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

7. GRATUITIES (JAN 2005)

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

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

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

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

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

10. TERMINATION FOR CAUSE (JAN 2005)

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

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

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

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

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

b. If the NAFI terminates this contract in whole or in part, it may acquire, under the terms and in the manner the Contracting Officer considers appropriate, supplies or services similar to those…