PWS_Juice_Bar2.doc

Performance Work Statement

JUICE BAR

for 482nd Force Support Squadron (FSS)

HOMESTEAD AIR RESERVE BASE (HARB)

PERFORMANCE WORK STATEMENT

A. Scope The purpose of this contract is to provide a concession within the Sam Johnson Fitness Center. The contractor will provide a variety of protein shakes and healthy drinks at reasonable prices prepared and served in accordance with recognized industry standards and commercial best practices.

B. Performance Period

a. The performance period of this contract will be for a base period of one (1) year with four (4) additional one (1) year options for a potential total performance period not to exceed five years.

b. In the event that the Contractor chooses to not accept the option period of this contract, the Contractor will notify the Contracting Officer (CO) in writing, no later than sixty (60) days prior to the month in which the current performance period expires.

C. Phase-In Period

a. The Contractor will ensure full manning/operations are available according to the submitted proposal and this PWS 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 work and installation of equipment shall 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. Pre-Performance Requirements Overview: Furnish all labor, materials, equipment (not otherwise provided by the NAFI), services, oversight/supervision necessary to operate a healthy drink concession and juice bar in the Sam Johnson Fitness Center. The contractor shall sell specialty sports drinks and assorted healthy beverages, to include protein shakes, fat burning shakes, and weight loss shakes.

D. 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 Sam Johnson Fitness Center, Homestead Air Reserve Base, in accordance with all stated requirements with a desired performance/turnover start date to be determined by the contract award date.

E. Basic Terms

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

b. Contractor shall be responsible for paying all operating expenses, to include credit machine fees and any additional phone service fees not expressly undertaken by the NAFI.

c. 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.

d. 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.

e. 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.

F. Facilities to be operated

a. The Contractor will have exclusive rights to sell beverages and additional items in the following NAFI locations: The Sam Johnson Fitness Center.

b. Contractor will establish and operate in the Contractor’s name, the NAFI furnished drink/employee service facility as described in below for the purpose of dispensing beverages, and other items/services authorized by this contract.

c. 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 Contract Monitor (CM).

d. 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 CO, if such alterations are necessary to operate the business.

e. 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.

G. Hours of Operations

a. The hours of operation will be determined by the contractor in agreement with the CO and Fitness Center Manager.

b. Once operating hours are established, the contractor shall not change the business hours and days of operation of the juice bar without written approval of the CO.

c. Contractor will, at a minimum, conduct a trial period on UTA weekends and or any additional opened ours of the fitness center (special events, sports leagues and tournaments).

H. NAFI Responsibilities

a. Grant the Concessionaire permission to provide an Integrated System for the management and delivery of employee/drink services to authorized patrons at the assigned location of The Sam Johnson Fitness Center in accordance with this PWS.

b. Furnish sufficient quantities of space, storage and utilities to ensure operations of the Sam Johnson Fitness Center Health/Drink Concession.

c. 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 CM. Providing coverage for property damage and personal injury of Contractor employees will be the responsibility of the Contractor.

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

e. 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.

f. Waste Transfer Regulations: The Contractor will adhere to all Waste and Transfer Regulations for HARB. The US Government will furnish trash disposal service as long as those services are provided to the NAFI at no costs to the NAFI. If the Contractor elects to have disposal services beyond the standard NAFI service, it will be at the Contractor’s expense.

I. Contractor Responsibilities

a. Health and Safety

i. 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 CO.

ii. Contractor will serve drinks 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. 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.

iii. 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.

iv. 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.

v. 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.

vi. 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.

vii. 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.

viii. Keep the concession area clean, orderly, attractive, secure, and in a safe and sanitary condition in compliance with all applicable health and safety laws and regulations.

ix. Failure by the Contractor in keeping any of the facilities in a clean, orderly, and sanitary condition 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.

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

b. Employee Requirements

i. 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.. The contractor and staff shall be fluent in conversational English, i.e. service staff must be able to take orders and answer questions.

ii. Contractor shall provide employees with appropriate, distinctive clothing such as blouse, shirt, or other uniform as means of identification during the time they are working in a facility. Concession personnel must be neatly dressed in their personal grooming at all times. When uniforms are not required, the contractor will ensure that all clothing worn by employees is clean and in good condition at all times. Legible name badges or embroidered clothing, identifying each employee, will be furnished by the Contractor and displayed as part of the uniform.

iii. Employ only persons who meet the health standards prescribed by law or regulations, which pertain to the jobs for which they are hired.

iv. 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.

v. 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.

vi. 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.

vii. Contractor will provide a point of contact in his/her absence that is empowered to make decisions on his/her behalf. Contractor may provide more than one if necessary.

J. Physical Security

The Contractor shall obtain vehicle passes for each vehicle used on HARB during execution of this contract. The necessary applications for vehicle passes can be obtained through the Base Contracting Office and must be signed by the CO. The completed applications are the processed through Security Forces. All vehicles passes shall be obtained prior to the start of this contract.

K. Equipment

a. Contractor will provide all necessary materials to transform the existing space in the fitness center into a casual, trendy juice bar operation.

b. Contractor will provide all electrical equipment required for making specialty juice bar drinks, along with refrigeration units and any other equipment the contractor requires to operate the concession that are not already provided by NAFI.

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

d. The Contractor shall provide detailed electrical requirements to the Fitness Center 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.

e. 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.

L. Menu

a. Not less than yearly or as requested by the NAFI, the Contractor will furnish to the CM the menu rotations with the individual suggested prices and portions for each item. The menus will be reviewed by the CM and approved by the CO prior to their use.

b. Contractor shall not change menu items without written authorization. Any changes in items or pricing must be reviewed by the Fitness Center Manager and approved by the CO.

M. Payment Terms

a. The Contractor will pay a $200.00 flat rate to the fitness center each month for the first year of the contract. Each of the following years a 2% increase will be applied.

b. 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. All sales shall be registered in full view of the customer. The register/computer/tablet shall be equipped to expend a customer receipt and maintain a journal.

d. The Contractor may accept credit cards for payment from patrons. Service fees shall be the responsibility of the contractor.

N. Advertising

a. Contractor shall comply with all applicable memoranda, bulletins, and letters of instruction issued by or on behalf of the Fitness Center 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 482 FSS on a local bulletin board. Areas covered by these local regulations pertain to driving, fire procedures, and safety on a military installation.

b. Any advertising materials produced by the Contractor must be provided to the Fitness Center Manager for approval prior to use.

c. 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 CM. 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.

O. Contractor will not:

a. 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.

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

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

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

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

f. 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.

g. Sell merchandise or services for anything other than US currency. Payments can be made by cash, credit or debit cards

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

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

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

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

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

m. Store highly flammable material within government building or concession premises.

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

1. Within this Performance Work Statement, the terms “Government” and “NAFI” are used in an interchangeable way.

2. The CM (Contract Monitor): The Contracting Officer, with coordination with the Fitness Center Manager, will designate the CM to act as the technical representative in the administration of this contract. The CM will monitor the work being performed to ensure compliance with the Performance Work Statement (PWS). The CM 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 CM or any other individual without first obtaining Contracting Officer approval is done at the Concessionaire’s expense. All funds commitment for the NAFI will be coordinated with the funds custodian.

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

4. 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.

5. 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 providing supplies and/or services at a certain price or rate to the NAFI and all actions and applicable regulations and performance there under.

Attachment #1 NAF Furnished Property List

Equipment Type

Work Counter

Work Table

Hand Sink

Drop in Sink

Reach-in Under counter Refrigerator

Refrigerated Display Case

Mop Sink

Ice Cuber with Bin