FA7012-09-R-0007-Casual Dining Concessionaire Sol.rtf

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FA7012-09-R-0007

Section SF 1449 - CONTINUATION SHEET

ITEM NO

SUPPLIES/SERVICES

UNIT

NET PERCENTAGE AMOUNT

Months

Bar & Grill Concessionaire

FFP

Nonpersonal Services: The contractor shall operate a bar & grill concessionaire in the Bolling AFB Officer’s Club in accordance with the attached statement of work/concessionaire contract. Contractor, on a monthly basis, shall pay the NAFI an amount equal to ___ percent of all receipts or flat fee of $1,000 whichever is greater. (Base Year Period of Performance: 1 July 2009 through 31 December 2009.

FOB: Destination

SIGNAL CODE: A

UNIT

OPTION

FFP

Nonpersonal Services: The contractor shall operate a bar & grill concessionaire in the Bolling AFB Officer’s Club in accordance with the attached statement of work/concessionaire contract. Contractor, on a monthly basis, shall pay the NAFI an amount equal to ___ percent of all receipts or flat fee of $1,000 whichever is greater. (Option Year One) Period of Performance: 1 January 2010 through 31 December 2010.

UNIT

FFP

Nonpersonal Services: The contractor shall operate a bar & grill concessionaire in the Bolling AFB Officer’s Club in accordance with the attached statement of work/concessionaire contract. Contractor, on a monthly basis, shall pay the NAFI an amount equal to ___ percent of all receipts or flat fee of $1,000 whichever is greater. (Option Year Two) Period of Performance: 1 January 2011 through 31 December 2011.

UNIT

FFP

Nonpersonal Services: The contractor shall operate a bar & grill concessionaire in the Bolling AFB Officer’s Club in accordance with the attached statement of work/concessionaire contract. Contractor, on a monthly basis, shall pay the NAFI an amount equal to ___ percent of all receipts or flat fee of $1,000 whichever is greater. (OptionYear Three) Period of Performance: 1 January 2012 through 31 December 2012.

UNIT

FFP

Nonpersonal Services: The contractor shall operate a bar & grill concessionaire in the Bolling AFB Officer’s Club in accordance with the attached statement of work/concessionaire contract. Contractor, on a monthly basis, shall pay the NAFI an amount equal to ___ percent of all receipts or flat fee of $1,000 whichever is greater. (OptionYear Three) Period of Performance: 1 January 2013 through 31 December 2013.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN

INSPECT AT

INSPECT BY

ACCEPT AT

ACCEPT BY

Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government

DELIVERY INFORMATION

CLIN

DELIVERY DATE

SHIP TO ADDRESS

UIC

POP 01-JUL-2009 TO

31-DEC-2009

11 MSG/SVRO - F1A3C6

ROBERT WILLIAMS

461 GIOVANNOLI WAY

BOLLING AFB DC 20032

202-767-8562

F1A3C6

POP 01-JAN-2010 TO

31-DEC-2010

(SAME AS PREVIOUS LOCATION)

POP 01-JAN-2011 TO

31-DEC-2011

(SAME AS PREVIOUS LOCATION)

POP 01-JAN-2012 TO

31-DEC-2012

(SAME AS PREVIOUS LOCATION)

POP 01-JAN-2013 TO

30-JUN-2013

(SAME AS PREVIOUS LOCATION)

LIST OF FAR CLAUSES INCORPORATED BY REFERENCE

The provisions of the following clauses set forth in the Federal Acquisition Regulation (FAR) or DoD FARSupplement are hereby incorporated into this order or contract by reference with the same force and effect as though herein set forth in full. As used in the following clauses, the term "Government" is deleted and the abbreviation "NAFI" is substituted in lieu thereof. The date of each clause shall be the current date set forth in FAR or DoD FAR Supplement on the issuance date of this order or contract. Clauses made inapplicable by the reference or by the kind of order, contract (e.g., orders or contract for services instead of supplies) or dollar amount do not apply to the contract. The complete text of any clause incorporated in this order or contract by reference may be obtained from the contracting officer.

CLAUSE

NO.

REFERENCE

CLAUSE TITLE

52.243.1 Changes - Fixed-Price

52.222-13

Compliance with Davis-Bacon and related Act Regulations

52.222-41

Service Contract Act of 1965, as Amended

52.225-11

Buy American Act-Balance of Payments Program-Construction Materials under Trade Agreements

52.222-4

Contract Work Hours and Safety Standards Act-Overtime Compensation

52.246-16

Responsibility for Supplies

52.222-20

Walsh-Healy Public Contracts Act

52.222-26

Equal Opportunity

252.225-7001

Buy American Act and Balance of Payments Program

52.222-3

Convict Labor

252.225-7002

Qualifying Country Sources as Subcontractors

252.203-7001

Prohibition on Persons Convicted of Fraud or Other Defense-Contract Felonies

52.222-21

Prohibition of Segregated Facilities

252.204-7004 Alt A

Required Central Contractor Registration Alternate A

CLAUSES INCORPORATED BY FULL TEXT

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 54 months.

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Monetary Wage-Fringe Benefits

Cashier WG-2

Food Service Worker WG-2

5352.215-9001 NOTICE OF PRE-BID/PRE-PROPOSAL CONFERENCE (MAY 1996) Alt I (May 1996)

(a) A pre-bid/pre-proposal conference will be conducted at 50 Theissein Street Bolling Officer's Club, Bolling AFB, DC 20332 on 26 May, 2009 at 10:00 AM Eastern Time for the purpose of answering questions regarding this solicitation.

(b) Submit the names of all attendees (not to exceed 2) Name; Date of Birth, Driver’s License Number and State; Vehicle Make Model, Year, Plate Number and Sate; Social Security Number and Citizenship to Shawntara Govan prior to May 21, 2009 4:30 PM Eastern Time. This information must be provided in advance in order to ensure access to the military base/conference site and adequate seating for the conference attendees.

(c) Bidders/Offerors are requested to submit questions to the point of contact noted above not later than May 20, 2009. Information provided at this conference shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

(d) A record of the conference shall be made and furnished to all prospective bidders/offerors. The record should include minutes of the meeting, including questions (on a non-attribution basis) and answers.

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (AUGUST 2007)

(a) The contractor shall obtain base identification and vehicle passes for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or security police for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver's license, current vehicle registration, valid vehicle insurance certificate, and base access letter signed by the CO to obtain a vehicle pass.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Volume 1, The Air Force Installation Security Program, and AFI 31-501, Personnel Security Program Management, as applicable.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment.

Performance-Based Work Statement For Wings Bar and Grill

1. PROGRAM OBJECTIVE:

Concessionaire shall provide a concessionaire food and beverage operation to serve authorized patrons at the 11 Bolling Club on Bolling AFB, DC. Concessionaire will provide all necessary labor, equipment, supplies and food and beverage in performance of this service.

ARTICLE I:

That:

1. The 11th MSG Services Division Bolling Club Wings Bar, referred as the NAFI, is requesting a concessionaire contract to authorized patrons with a privately or commercially owned company. The concessionaire will operate a self sustaining concession restaurant and bar operation, Tuesday through Saturday, 1100 hours to 2230 hours and has the option to operate seven days a week if preferred, excluding scheduled or unscheduled closures based on federal holidays, and inclement weather. Concessionaire will be located in the Bolling Club and utilize the existing second floor kitchen and Wings Bar with full use of installed equipment.

2. Concessionaire will pay the NAFI on a monthly basis an amount equal to the amount of the gross sales specified in the Pricing Schedule. Payment of fees due the NAFI must be made monthly by the 3rd business day of the following month for which the sales were earned along with the submission of the Point of Sale (POS) audit report in addition to the Concessionaire Settlement Report.

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. Any changes to the menu must be approved by the Contracting Officer.

3. At Concessionaire's expense, obtain all permits, give all necessary notices; pay all license fees; and comply with all municipal, perfectural, 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. The Contractor must comply with base recycle programs.

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. Concessionaire is subject to regularly unscheduled evaluation from the base environmental health inspectors and must maintain a satisfoctory rating at all times.

7. 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 wear plastic gloves and headgear at all times when preparing and servicing food. 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, 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. Concession must 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 nametag shall be furnished by the contractor and must be worn by employees.

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.

8.1. Abide by all security regulations of the installation upon entering the government installation.

8.2. Obtain personnel identification passes for all employees and vehicle passes for all personal vehicles entering Bolling AFB. The concession personnel must complete AF Form 75, Request for Visitor/Vehicle Pass and DD Form 1172, Application for Uniformed Services Identification Card and submit them to Security Forces, Pass and Registration. Vehicle registration, proof of insurance, and a valid driver’s license must be presented for all vehicles to be registered. The concesion personnel must submit a complete list of all employees performing on this contract through the Contracting Officer to the Security Forces. Lost vehicle and entry passes shall be reported immediately to Security Police and the Government representative.

8.3. Required to ask employees or potential employees to complete a questionnaire that lists any offenses for which the employee was convicted within the last 10 (ten) years, to include any traffic offenses or any offenses that could result in a term of imprisonment. (Appendix 2) The contractor will require a written police background check from each jurisdiction where an employee or potential employee resided during the last ten (10) years. The government reserves the right to do periodic investigations of such employees. Any failure to provide accurate information will be grounds for removal from the contract under clause 1.2.2. whether such discovery occurs before or after the start of the contract. The Government representative may require periodic updates of the personal information provided within this contract.

8.4. Be responsible for safeguarding all gNAFIovernment property provided for the use during the duration of this contract. The concessionaire personnel shall be responsible for providing and placing all barricades and safety devices during any activities and comply with all Occupational Safety and Health Act (OSHA). Concession personnel must give prompt and courteous treatment to authorized customers.

8.5. 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; 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.

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. Must use electronic cash register or Point of Sales (POS) system, showing all income received, and products sold 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.

14. Provide all supplies, food and beverages to ensure that adequate stock is available during operation for concession stand. All food sold by the Concessionaire must be inspected by Base Environmental Health services inspectors at the time of delivery.

15. When developing the lunch menu, consideration should be given to the time constraints that base personnel have for lunch breaks. A mix of hot and cold sandwiches, salads and other more substantial meal items as appropriate. Lunch menu items should be available for takeout or dine in. Offer an American family style sit-down/take out dinner menu with some international cuisine that will include a reduced price children’s menu. The family style menu should consist of items such as pasta dishes, vegetarian dishes, various types of meats/potatoes and vegetables. Specials could include a Friday fish fry, Saturday prime rib etc. For customers that visit the bar, provide a basic bar menu with items such as burgers, hot wings, BLT, french fries, chips as a minimum.

16. Provide the concession unit with fire extinguishers and meet all standards established by the Base Fire Department.

17. Allow the NAFI manager or Quality Assurance Evaluator access to concession area at any time to monitor the contractor’s performance.

18. Provide NAFI with proof of fire insurance.

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.

9. Sublet any of the premises assigned to it or assign to the concession, any part of the premises or any responsibilities under this contract.

10. Use the premises and facilities provided for any purpose other than those specifically set forth herein, or permits or acquiesces in any such unauthorized use by any of its agents, representative or employees.

11. At the termination of this contract, not yield up the premises furnished the Concessionaire by the NAFI in as good order and condition as when the Concessionaire began operations therein with the exception of ordinary wear and tear.

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 with option to extend up to four years, 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. The NAFI will not be held financially liable for any actions, Acts of God to include hurricane, earthquake, lightning etc., which might result in or cause a condition, which impacts on the operational hours or services provided by the Concessionaire.

5. All 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.

ARTICLE V:

Appendix 1. Government furnished property listing to be utilize during the duration of the contract.

Appendix 2. Questionnaire and Release

APPENDIX 1

Government Furnished Property

Appendix 2

QUESTIONNAIRE AND RELEASE

(Suggested Form or Use Employer’s Form)

Name: First:______________________ Middle: ______________________ Last:_____________________ Suffix (ie: II, III, or Jr.)*:_________________ SSN: _____________________ Birth Date: ________________________ (YYYY/MM/DD) City/State:______________________________County___________________ Country: __________________________ Gender: Male Female

Maiden name (if applicable): First: ________________ Middle: __________ Last: ________________

1. In the last 10 years, have you been arrested for, charged with, or convicted of any offense(s)*? (Y / N) If Yes, provide the following:

Offense Date: ____________ (YYYY/MM/DD) Nature of Offense: __________ ________________________________________________________________Action: ___________________________Authority/Court: _______________

City/State/Zip: _______________________ Country_____________________ Offense Date: ____________ (YYYY/MM/DD) Nature of Offense: __________ ________________________________________________________________Action: ___________________________Authority/Court: _______________

City/State/Zip: _______________________ Country______________

2. List place(s) where you have resided with the last ten (10) years from this date. If Same as current residence, so state. (Start with your PRESENT location.)

(a) FROM: _____________ TO: PRESENT (YYYY/MM/DD)

ADDRESS LINE 1: _______________________________________________________________

ADDRESS LINE 2: _______________________________________________________________

CITY / STATE / COUNTRY / ZIP: ______________________________________________________________

(b) Your NEXT ADDRESS:

FROM: _____________ TO: ______________ (YYYY/MM/DD)

ADDRESS LINE 1: ________________________________________________________________

ADDRESS LINE 2: _______________________________________________________________

CITY / STATE / COUNTRY / ZIP: ______________________________________________________________

(c) Your NEXT ADDRESS:

FROM: _____________ TO: ______________ (YYYY/MM/DD)

ADDRESS LINE 1: ________________________________________________________________

ADDRESS LINE 2: _______________________________________________________________

CITY / STATE / COUNTRY / ZIP: ______________________________________________________________

3. By signing this form I hereby authorize [ the employer ] to verify the accuracy of this information by presentation of this document to criminal justice agencies along with a request for verification of the information I provided. I further understand that I hereby do not waive my right or opportunity to read or review any information provided to the employer and that I may request a copy of such records as may be available to me under the law.

Name – Printed Signature

WD 95-0819 (Rev.-23) was first posted on www.wdol.gov on 02/10/2009

FL/HH/MS

REGISTER OF WAGE DETERMINATIONS UNDER ³ U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT ³ EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor ³ WAGE AND HOUR DIVISION

³ WASHINGTON, D.C. 20210

³ ³ Shirley F. Ebbesen Division of Wage ³ Wage Determination No: 1995-0819 Director Determinations ³ Revision No: 23 ³ Date Of Revision: 02/05/2009 States: District of Columbia, Maryland, Virginia Area: District of Columbia Statewide Maryland Counties of Calvert, Charles, Frederick, Montgomery, Prince George's, St Mary's Virginia Counties of Alexandria, Arlington, Fairfax, Falls Church, Fauquier, King George, Loudoun, Prince William, Stafford

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE MINIMUM WAGE RATE

Food & Lodging:

07041 - Cook I 12.19 07042 - Cook II 14.75 07070 - Dishwasher 8.53 07130 - Food Service Worker 9.44 07260 - Waiter/Waitress 8.53 11060 - Elevator Operator 8.53 11210 - Laborer, Grounds Maintenance 9.44 11240 - Maid or Houseman 9.44 99030 - Cashier 9.44 99050 - Desk Clerk (1) 9.44

Halfway House & Residential Community Treatment:

01011 - Accounting Clerk I 11.92 01012 - Accounting Clerk II 12.92 01111 - General Clerk I 10.98 01311 - Secretary I 13.89 01611 - Word Processor I 10.98 07041 - Cook I 12.19 07042 - Cook II 14.75 07070 - Dishwasher 8.53 07130 - Food Service Worker 9.44 11150 - Janitor 9.44 11210 - Laborer, Grounds Maintenance 9.44 11240 - Maid or Houseman 9.44 23370 - General Maintenance Worker 13.07 27101 - Guard I 10.80 27102 - Guard II 11.54 99050 - Desk Clerk (1) 10.98

Moving & Storage:

21020 - Forklift Operator 12.19 21050 - Material Handling Laborer 10.41 21110 - Shipping Packer 12.19 21410 - Warehouse Specialist 12.19 31361 - Truckdriver, Light 12.19 31362 - Truckdriver, Medium 13.07 31363 - Truckdriver, Heavy 13.90 31364 - Truckdriver, Tractor-Trailer 14.75

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $3.24 per hour or $129.60 per week or $561.60 per month

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)

THE OCCUPATIONS WHICH HAVE PARENTHESES AFTER THEM RECEIVE THE FOLLOWING BENEFITS

(as numbered):

1) Rates are applicable only under the appropriate occupational category.

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.

The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at http://wdol.gov/.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444 (SF 1444)}

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract.

{See Section 4.6 (C)(vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF 1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.

PROVISIONS INCORPORATED BY REFERENCE

52.212-1 Instructions to Offerors--Commercial Items

JUN 2008

PROVISIONS INCORPORATED BY FULL TEXT

ADDENDUM TO 52.212-1, INSTRUCTION TO OFFERORS – COMMERCIAL ITEMS (JUN 2008)

Paragraph (c), Period of acceptance of offers, is hereby changed from 30 calendar day to 90 calendar days.

Paragraph (e), Multiple offers, is hereby deleted from this solicitation.

Paragraph (h), Multiple awards, is hereby deleted from this solicitation.

Add paragraph (m), Special Provisions

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

15. NAFI Notice: This is a nonappropriated fund requirement and it does not obligate the appropriated funds of the United States Government. Nonappropriated funds are generated by the military community through the sale of goods and services and the collection of fees and charges for participation in military community programs. This purchase does not involve federal tax dollars.

Add paragraph (n), Preparation of Proposal.

1. This section specifies the format that offerors shall use in this Request for Proposal (RFP). The intent is not to restrict the offerors in the manner in which they will perform their work, but rather to ensure a certain degree of uniformity in the format of the response for evaluation purposes.

2. The offerors’s proposal, as a minnimum, shall consist of past performance information and price proposal and a signed SF 1449. The offeror shall acknowledge all amendments and complete the necessary fill-ins and certifications in provisions 52.212-3 and return in their entirety with proposals. The Government contemplates incorporating the price proposal into any resulting contract. The Government, at its discretion, may incorporate all or portions of an offeror’s proposal at contract award.

3. The offeror’s proposal shall provide convincing rationale to address how the offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their experience and will base its evaluation on the information presented in the offeror’s proposal. The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.

4. Distribution. Proposals shall be mailed to the following address:

11 CONS/LGCO, Attn: Valerie Gaines, 20 MacDill Blvd (Bldg 20), Bolling AFB, DC 20032, Phone: 202-767-8105.

5. Special Instructions:

To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. The proposal must be complete, self-sufficient, and respond directly to the requirements of this solicitation. The responses shall consist of two (2) separate parts; Part I – Price Proposal, Part II – Past Performance Information.

A. PART I – PRICE PROPOSAL – Submit an original and one (1) copy.

(1) Complete blocks 12, 17a, 30a, 30b and 30c of the SF 1449. In doing so, the offeror accedes to the contract terms and conditions as written in the solicitation. The soliciation constitutes the model contract.

(2) Insert proposed percentage in the pricing schedule. The proposal(s) must be submitted for a base year plus three Option Years.

B. PART II – PAST PERFORMANCE INFORMATION – Only references for same or similar type contract desired. Submit original and one (1) copy.

(1) Quality and Satisfaction Rating for Contracts Completed in the Past five (5) years from the closing date of this solicitation.. Provide information currently available (letters, metrics, customer surveys, independent surveys, etc.), which demonstrates customer satisfaction with overall job performance and quality of completed product for same or similar type contract. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems such as cost overruns, extended performance periods, numerous warranty calls, etc.

(2) Past Performance Surveys: The NAFI will evaluate the quality and extent of offeror’s performance deemed relevant to the requirement of this solicitation. The NAFI will use information submitted by the offeror and other sources such as other Federal government offices and commercial sources, to assess performance. Provide a list of no more than five (5) of the most relevant contracts performed for Federal & Local agencies and commercial customers within the last 5 years. Relevant contracts include contracts for operation of food and beverage concessionaire at magnitude similar to the requirements of this solicitation. The evaluation of past performance information will not take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition. Furnish the following information for each contract referenced:

(ix) Comments regarding any known performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions.

If a teaming arrangement is contemplated, provide complete information as to the arrangement, including any relevant and recent past/present performance information on previous teaming arrangements with same partner. If this is a first time joint effort, each party to the arrangement must provide a list of past and present relevant contracts.

(3) Subcontractor Consent: Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. Provide with the proposal a letter from all subcontractors that will perform major or critical aspects of the requirement, consenting to the release of their past performance information to the prime contractor.

(4) Documents submitted in response to this solicitation must be fully responsive to and consistent with the following:

(i) Requirements of the solicitation (Item Numbers) and Statement of Work (SOW) and NAFI standards and regulations pertaining to the SOW.

(ii) Evaluation Factors for Award.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) NAFI will select the best overall offer based on the percentage and…