FA5613-12-T-8004 NAF Fitness Juice Bar Concessionaire RFQ.pdf

786 FSS

FSUS SOUTHSIDE FITNESS CENTER

UNIT 3240 BOX 535

09034 APO

UNITED STATES

TEL: 06371470298 FAX:

RAMSF012610041

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

FA5613-12-T-8004 09-Mar-2012

5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

IMPO RTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this

Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State, and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. %

NO TE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and ZIP Code)

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

16. NAME AND TITLE OF SIGNER (Type or print) ( Include area code)

TELEPHONE NO.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

PREVIOUS EDITION NOT USABLE Prescribed by GSA

FAR (48 CFR) 53.215-1(a)

THIS RFQ X[ ] IS [ ] IS NOT A SMALL BUSINESS SET-ASIDE

6. DELIVER BY (Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE

REQUEST NO.

700TH CONTRACTING SQ

KAPAUN AIR STATION, GEB. 2767

D-67661 KAISERSLAUTERN

GERMANY

9. DESTINATION (Consignee and address, including ZIP Code)

7. DELIVERY

[ ]X FOB

DESTINATION

[ ] OTHER

(See Schedule)

10-Apr-2012(Date)

PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.

(49) 631 536 8443ANDREA LAY

(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:

d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS

FA5613-12-T-8004

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Fitness Juice Bar Concessionaire

FFP

Non-Appropriated Funds non-personal concessionaire services to operate a specialty fitness juice bar in the Ramstein South Side Fitness Center in accordance with the statement of need and attached provisions. Offerors must be filled in on the schedule provided below in Article I only.

FOB: Destination

NSN: S203-12-JUI-CEBA

PURCHASE REQUEST NUMBER: RAMSF012610041

SIGNAL CODE: A

NET AMT

JUICE BAR CONCESSIONAIRE

FITNESS JUICE BAR CONCESSIONAIRE CONTRACT

ARTICLE I:

That:

1. This Concessionaire contract by and between the Southside Fitness Center, Ramstein Air Base hereinafter referred to as the NAFI, and _______________________________, hereinafter referred to as the Concessionaire, is for the Concessionaire to provide specialty sports beverages to authorized patrons at assigned space at building

2117 for the period beginning 01 Jun 2012 or date of award, whichever is later and ending 31 May 2013.

2. For its services provided to the NAFI, the Concessionaire will receive the monthly gross receipts/sales minus the remuneration as listed in the schedule of this contract. 100% payment of fees with cash collection records due the

NAFI shall be made in Dollars by close of business each day of performance. The Concessionaire shall accept credit cards, such as Visa/MasterCard for payment from patrons, see special provisions, paragraph 11. The Concessionaire may accept personal checks from authorized customers, drawn upon a US bank in dollars and made payable to the

“NAFI”. Checks shall NOT be made out for more than the amount of purchase. 786 th

Force Support Squadron check cashing policies shall be followed. The NAFI will provide to the Concessionaire the current dishonored check listing and no personal checks may be accepted as payment from an individual named thereon. In the event a bad check is accepted, the Concessionaire‟s account will be debited for the amount of the check plus any service charges applicable thereto. The Concessionaire shall submit to the NAFI an invoice together with an appropriate VAT relief form (Abwicklungsschein), after the 15 th of the month, again after the last business day of each month, for the reimbursement of all monies due from sales, less the remuneration due to the NAFI. Payment to the Concessionaire will be made via electronic funds transfer (EFT) within ten days after receipt of an invoice and completed VAT relief form (Abwicklungsschein) from the Concessionaire.

NOTE TO OFFERORS – YOUR QUOTE MUST BE FILLED IN ON THIS SCHEDULE.

SCHEDULE

PERFORMANCE PERIOD MINIMUM REMUNERATION PROPOSED REMUNERATION TO NAFI

01 Basic Period : 5% of gross sales per month ________% of gross sales per month

01 Jun 2012 – 31 May 2013

02 First Option : 5% of gross sales per month ________% of gross sales per month

01 Jun 2013 – 31 May 2014

03 Second Option : 5% of gross sales per month ________% of gross sales per month

01 Jun 2014 – 31 May 2015

04 Third Option : 5% of gross sales per month ________% of gross sales per month

01 Jun 2015 – 31 May 2016

05 Fourth Option : 5% of gross sales per month ________% of gross sales per month

01 Jun 2016 – 31 May 2017

06 Fifth Option : 5% of gross sales per month ________% of gross sales per month

01 Jun 2017 – 31 May 2018

07 Sixth Option : 5% of gross sales per month ________% of gross sales per month

01 Jun 2018 – 31 May 2019

08 Seventh Option : 5% of gross sales per month ________% of gross sales per month

01 Jun 2019 – 31 May 2020

09 Eighth Option : 5% of gross sales per month ________% of gross sales per month

01 Jun 2020 – 31 May 2021

10 Ninth Option : 5% of gross sales per month ________% of gross sales per month

01 Jun 2021 – 31 May 2022

ARTICLE II. The Concessionaire must:

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

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

3. At Concessionaire's expense, obtain all permits, give all necessary notices; pay all license fees; and comply with all municipal, prefectural, and national 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 property, income, and transactions of the concession.

4. Comply with all applicable laws pertaining to wages, worker's compensation, equal opportunity, Service Contract

Act, and so forth, as implemented by Air Force directives and required by law.

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

6. Keep the concession area clean, orderly, attractive, secure, and in a safe and sanitary condition to the satisfaction of the NAFI managers.

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. 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. Concession personnel must give prompt and courteous treatment to authorized customers. Concession personnel must be neatly dressed and meticulous in their personal grooming at all times. Concessionaire provides 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.

9. Remove from employment in the concession, on the request of the NAFI manager, any servant, agent, or employee of the Concessionaire if, in the opinion of the NAFI manager or their duly authorized representative, the conduct of such person, while in and about the premises covered by this contract interferes with proper services or discipline.

10. 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. The

Concessionaire must have liability insurance commensurate with the risks involved, and furnish proof of such to the

Contracting Officer within 10 calendar days after award notification but prior to the first performance day of the contract. Agree to hold harmless the United States, the NAFI and any other instrumentality thereof for any loss of non-Government property and merchandise which may result from participation in this concession. This includes but is not limited to such damage, destruction or loss as may result from fire, storm, flood, any other force of nature, theft, human act or negligence on the part of the United States, the NAFI or any other instrumentality thereof.

11. Not leave cash on the premises during non-operational hours.

12. Be responsible for paying all operating expenses not expressly undertaken by the NAFI.

13. Maintain a Cash Collection Record, showing all income received, in accordance with instructions from the

NAFI. Any failure by the Concessionaire, its servants, employees, or agents, to enter all monies received on control sheets will be cause for immediate cancellation of this contract.

ARTICLE III.

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, or by any other means. The Concessionaire, its servants, agents, and employees, are in no sense agents of the United States, the NAFI, the commander of the installation within which the concession exists, or of any other entity having to do with the operations of the NAFI.

2. Sell or remove any property that is owned by the NAFI or any other part of the Federal Government and is used in the operation of the concession.

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

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

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

6. Sell merchandise or services for anything other than US currency, unless authorized in writing by the Contracting

Officer.

7. Sell merchandise or services on credit.

8. 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.

ARTICLE IV:

That:

1. Air Force Auditor General personnel, or any person designated by the installation commander, will have the right to inspect or audit the accounts and methods of internal control established by 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.

2. This contract, unless sooner terminated as herein provided, may be extended for additional periods, each of which may not exceed twelve (12) months by mutual agreement of the parties in writing, subject to approval in the same manner as this instrument.

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

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.

CONTRACTUAL CONTENTS: This contract consists of the following documents:

a. Schedule (articles I-IV)

b. Signature Page

c. Special Provisions

d. Statement of Need

e. General Provisions

FOR THE NAFI FOR THE CONCESSIONAIRE

Type or print name Type or print name

Contracting Officer Signature Contractors signature th

Contracting Squadron

Kapaun Air Station Bldg 2767

67661 Kaiserslautern

(Address) (Address)

0631-536-

(Telephone Number) (Telephone Number)

(Date Signed) (Date Signed)

Section I - Contract Clauses

SPECIAL PROVISION

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: 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 1-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.

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. RESERVED.

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. RESERVED.

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 and the expenses for the required telephone line to operate the swipe card terminal.

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.

STATEMENT OF NEED

STATEMENT OF NEED (SON)

for

SPECIALTY JUICE BAR CONCESSIONNAIRE

AT THE SOUTH SIDE FITNESS CENTER (SSFC), RAMSTEIN AIR BASE

09 Mar 2012

NOTE: THIS REQUIREMENT WILL BE AWARDED UNDER „BEST VALUE‟ PROCEDURES.

THE PARAGRAPH BELOW REPRESENTS THE NAFIs MINIMUM NEEDS. HOWEVER, OFFERORS ARE

ENCOURAGED TO SUBMIT PROPOSALS THAT ACHIEVE THE NAFIs NEEDS AND PROVIDE FOR

INNOVATIONS TO CUSTOMER SERVICE THAT ENHANCES CUSTOMER SATISFACTION OR

EXPERIENCE.

1.0 DESCRIPTION OF SERVICES. In exchange of exclusive rights to operate a specialty juice bar concessionaire on the premises controlled by the Ramstein Air Base SSFC, the Concessionaire agrees to and understands the following:

1.1 OVERVIEW OF SERVICES. The Concessionaire shall operate a juice bar concession in the Ramstein Air Base

SSFC. The Concessionaire shall sell specialty sports beverages (various flavored protein shakes, various flavored yogurt, bottled water, and various flavored juices) as well as fresh fruit and fitness bars to authorized patrons for consumption within the lobby area or for carry-out.

1.2 PERSONNEL REQUIREMENTS. The Concessionaire shall employ personnel who are qualified to perform the required services and are fluent with the English language. All personnel employed by the concessionaire must attend the 86

AW Public Health food handler‟s class prior to start of work under this contract.

2.0 SPECIFIC REQUIREMENTS.

2.1 The Concessionaire shall operate the juice bar concession from 0630 to 2000 hours Monday through Friday and

1000 to 1700 Saturday, with exception of U.S. Federal holidays. In the event business hours or days require change, the Concessionaire shall submit a written request to the Fitness Director for coordination (30 days prior to posted change). No change shall take place without coordination through the Contracting Officer, and written authorization from the Contracting Officer. If a change of operating hours is approved, the Concessionaire shall post the change in a conspicuous place for a minimum for 30 days prior to implementation.

2.2 Menu items shall be priced in US Dollars by the Concessionaire, reviewed and approved by the Contracting

Officer. The Concessionaire shall post a price list in a conspicuous area. No change shall take place without coordination through the Contracting Officer. Each menu item must contain a list of all ingredients and applicable nutritional information, including the inclusion of nutritional or dietary supplements.

2.3 All menu items must comply with DoD and military standards for use of nutritional supplements. The concessionaire shall comply with current and future versions of AFI 44-120, Military Drug Demand Reduction

Program, found at http://www.e-publishing.af.mil/shared/media/epubs/AFI44-120.pdf. The concessionaire shall not provide any items with supplements listed in AFI 44-120. The concessionaire shall not provide any items with supplements that are considered hallucinogens, or sedatives. The concessionaire shall not provide any items with supplements of anabolic steroids, hemp oil, or ephedra. The concessionaire shall comply with current and future command and Air Force level policy letters regarding the use of nutritional supplements. All policy letters will be provided by the Government and shall be implemented immediately.

2.4 The concessionaire must purchase all ingredients for DoD Approved Sources found at the following link:

http://vets.amedd.army.mil/86256F90007C2D1D/Europe

2.5 The Concessionaire shall provide all equipment required to support the operation of the concession excluding the

Government Furnished Property as stated in this statement of need. The Concessionaire may install equipment based on availability of adequate electrical power within the facility with approval from the NAFI through the Contracting

Officer.

2.5.1 All equipment identified as Concessionaire owned shall remain the property of the Concessionaire.

2.5.2 The Concessionaire shall provide and utilize a cash register with the capability to expend a receipt/maintain journal tape.

2.5.2.1 All sales shall be made in full view of the customer and a receipt shall be provided to the customer.

2.5.2.2 The Concessionaire shall supply an adequate change fund for operation of the concession.

2.5.2.3 The Concessionaire shall conduct a cash count of sales at the close of business each day. The Concessionaire is responsible for all cash receipts until they are turned over to the NAFI representative for deposit. The concessionaire shall turn over all sales monies to NAFI at the close of each business day.

2.5.2.4 One safe to hold all cash receipts and monies.

2.6 The Concessionaire shall provide all materials/food items required for operation of the concession.

2.7 The Concessionaire shall provide all labor for the operation of the concession.

2.7.1 The Concessionaire is solely responsible for supervision of all personnel employed for the duration of the performance of this concession.

2.7.2 The Concessionaire personnel shall have a favorable background check and installation access prior to working in the concession.

2.8 The Concessionaire shall obtain German health certificates for employees and provide whenever requested by

NAFI.

3.0 GOVERNMENT FURNISHED PROPERTY AND SERVICES.

3.1 The Ramstein Air Base SSFC shall provide at no additional cost to the Concessionaire use of:

3.1.1 Space for operation of this concession, area: 15.9m

3.1.2 Storage space located within the immediate area, area: 4.9m

3.1.3 Existing counter space, display shelves, display refrigerator, storage cabinets/drawers, and dishwasher.

http://www.e-publishing.af.mil/shared/media/epubs/AFI44-120.pdf http://vets.amedd.army.mil/86256F90007C2D1D/Europe

3.1.4 Existing light fixtures, electricity, water, drainage, heat, sanitation and telephone use. A shared waste dumpster is located behind building 2117 for the Concessionaire‟s use. Telephone use is only permitted for received calls; the concessionaire must provide telephone service for any outgoing calls.

3.1.5 All Government furnished property is listed in Attachment 1.

3.2 The Concessionaire shall not be responsible for repair, maintenance, and replacement of all government furnished property unless as provided in FAR 52.545.-1.

4.0 GENERAL INFORMATION.

4.1 INSPECTIONS. The Concessionaire‟s employees, and immediate area (defined as the 15.9m operating area/installed fixtures, and the 4.9m storage area) are subject to inspection by medical and safety teams without advance notice. The Concessionaire shall be notified immediately of any unsanitary or unsafe condition identified by inspectors.

4.2 SANITATION AND SAFETY REQUIREMENTS. All Concessionaire employees, equipment, installed fixtures and occupied areas used in the preparation, production, processing, handling, delivery and storage of food or drink products shall meet the sanitary standards prescribed by the NAFI as well as bacteriological requirements established by current directives.

4.3 GERMAN CRAFTS UNION SAFETY REGULATIONS. The Concessionaire shall comply with the German

Crafts Union Safety Regulations to the extent that they are not in conflict with the local military regulations.

4.4 FIRE SAFETY. The Concessionaire shall comply with fire protection and prevention regulations and the fire defense plan as prescribed for the SSFC. The Concessionaire shall not store highly flammable materials within the

SSFC. Fire regulations and the fire plan are on file with the Fitness Director.

4.5 HOLIDAYS. The following is a list of U.S. federal holidays. Any federal holiday falling on a Saturday will be observed on the preceding Friday, holidays falling on a Sunday will be observed the following Monday.

U.S. Holidays:

January 1 New Year‟s Day rd

Monday in January Martin Luther King, Jr. Day rd

Monday in February Washington‟s Birthday

Last Monday in May Memorial Day

July 4 Independence Day st Monday in September Labor Day nd

Monday in October Columbus Day

November 11 Veterans Day th

Thursday in November Thanksgiving Day

December 25 Christmas Day

Attachment 1 – Government Furnished Property List

Equipment Listing Serial Number

1 Fridges Liebherr Profiline 9983087-02

1 Freezer Liebherr Profiline 9987757-03

1 Fridge/Freezer LG 609TRGQ00239

Dishwasher BOSC Logixx (No Serial Number)

Ice Machine 15020RS

4 Bar Stool Chairs

3 Glass Shelves

2 Sinks

1 Shelving Unit

4 Outer shelves

Force Support Squadron Corporate Advertising Standards for

Contractors and Concessionaires

Contractors and Concessionaires may produce advertising materials to promote sales with the following guidelines:

1. All advertising materials i.e. posters, flyers, print ads, coupons, promotional materials must be approved for publication in advance by 786

Force Support Squadron Fitness Director or designee.

2. 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.

3. No other sponsor logos may appear on the same advertising piece unless previously approved by the 86th

Services Marketing Director or designee.

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

5. If the concessionaire is located in a Services facility, then 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 the ad.

6. All flyers, brochures and posters should highlight the most important information by answering the questions:

Who, What, When and Where.

7. Civilian time is utilized on all display ads in the Stars and Stripes, KA and Find It Guide, etc.

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

9. The Force Support Squadron 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.

GENERAL PROVISIONS

GENERAL PROVISIONS

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

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

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

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

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

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

2. DISPUTES (NOV 2005)

a. Except as otherwise provided in this contract, any dispute or claim concerning this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall state his decision in writing and mail or otherwise furnish a copy of it to the Contractor. Within 30 days from the date of receipt of such copy, the

Contractor may appeal by mailing or otherwise furnishing to the Contracting Officer a written appeal addressed to the Armed Services Board of Contract Appeals, and the decision of the Board shall be final and conclusive; provided that if no such appeal is filed, the decision of the Contracting Officer shall be final and conclusive. The Contractor shall be afforded an opportunity to be heard and to offer evidence in support of any appeal under this clause.

Pending final decision on such a dispute, however, the Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the Contracting Officer unless directed to do otherwise by the

Contracting Officer.

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

“I certify that the claim is made in good faith; that the supporting data is accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the

Contractor believes the Government is liable; and that I am duly authorized to certify on behalf of the Contractor.”

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

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

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

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

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

7. GRATUITIES (JAN 2005)

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

b. In the event this contract is terminated as provided in paragraph "a" hereof, the NAFI shall be entitled (i) to pursue the same remedies against the Contractor as it could pursue in the event of a breach of contract by the Contractor, and

(ii) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount

(as determined by the Secretary of the Air Force or their duly authorized representative) which shall be not less than three nor more than ten times the cost incurred by the Contractor in providing any such gratuities to any such officer or employee.

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

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

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

10. TERMINATION FOR CAUSE (JAN 2005)

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

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

Extension;

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

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

(2) The NAFI's right to terminate this contract under subdivisions (1)(ii) and (1)(iii) above, may be exercised if the

Contractor does not cure such failure within 10 days (or more if authorized in writing by the Contracting Officer) after receipt of notice from the Contracting Officer specifying the failure.

b. If the NAFI terminates this contract in whole or in part, it may acquire, under the terms and in the manner the

Contracting Officer considers appropriate, supplies or services similar to those terminated, and the Contractor will remain liable to the NAFI for any excess costs for those supplies or services. However the Contractor must continue the work not terminated.

c. The Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (1) acts of

God or of the public enemy, (2) act of the NAFI in either its sovereign or contractual capacity, (3) fires, (4) floods,

(5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and; (9) unusually severe weather.

Defaults by subcontractors at any tier for any reason do not constitute causes beyond the control and without the fault or negligence of the Contractor.

d. If this contract is terminated for cause, the NAFI may require the Contractor to transfer title and deliver to the

NAFI as directed by the Contracting Officer, any

(1) completed supplies, and

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

Contractor shall also protect and preserve property in its possession in which the NAFI has an interest.

e. The NAFI shall pay the contract price for completed supplies delivered and accepted. The Contractor and

Contracting Officer shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes Clause. The

NAFI may withhold from these amounts any sum the Contracting Officer determines to be necessary to protect the

NAFI against loss because of outstanding liens or claims of former lien holders.

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

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

11. INSPECTION AND ACCEPTANCE (JAN 2005) - Inspection and acceptance will be at destination, unless otherwise provided in this contract. Not withstanding the requirements for any NAFI inspection and test contained in specifications applicable to this contract, except where specialized inspections or tests are specified for performance solely by the NAFI, the Contractor, shall perform or have performed the inspections and tests required to substantiate that the supplies provided under the contract conform to the drawings, specifications, and contract requirements listed herein, including if applicable the technical requirements for the manufacturers' part numbers specified herein. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. Acceptance of the supplies or services or a written notice of rejections must be accomplished on or before the fifth working day following delivery of the supplies or services, unless otherwise specified in this contract.

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

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

14. PAYMENTS (JAN 2005) - Partial payments will be made when deliveries are authorized or as approved by the

Contracting Officer. Payments and penalties for late payments are subject to the requirements established by the

Prompt Payment Act, as amended, and as implemented for NAFI's. If the NAFI makes payment but such payment fails to include a prompt payment penalty due to the Contractor within 10 days from when the contract payment is made, penalty amounts will not be paid unless the Contractor makes a written request within forty days after the date of payment.

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

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

17. TAXES (JAN 2005)

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

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

18. PROOF OF SHIPMENT (JAN 2005) - (Applicable to shipments outside the United States through the Surface

Deployment and Distribution Command (SDDC) and Parcel Post shipments to overseas destinations.)

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

(CCP or POE) is also acceptable evidence of proof of shipment.

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

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

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

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

21. DISCOUNTS FOR PROMPT PAYMENT (JAN 2005)

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

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

22.…