Concessionaire Contract Format.rtf

Modified as of 10March 2009

CONCESSIONAIRE CONTRACT FORMAT

Contract No._____________

This Contract is hereby made and entered into on ________________(date) by and between 72D FORCE SUPPORT SQUADRON, BASE RESTAURANT, hereinafter referred to as the NAFI, and _______________________ (Contractor), hereinafter called the Concessionaire. The NAFI is a Nonappropriated Fund Instrumentality of the Department of the Air Force, and as such, is an instrumentality of the United States Government. No appropriated funds of the United States of America shall become due or be paid to the Concessionaire by reason of this Contract. In consideration of the agreement set forth and the payments to be made as stipulated, it is mutually agreed between the parties hereto:

ARTICLE I:

That the NAFI shall:

1. Grant the Concessionaire permission to provide an Integrated System for the management and delivery of employee/food services at the Base Restaurant Services Facilities to authorized patrons at assigned space that includes, but is not limited to Area “C Cafeteria, Bldg 3001; The Superfortress, Bldg 3001; Alice’s, Bldg 240; The Oklahoma Room, Bldg 3001; and the Tinker Aerospace Complex, Bldg 9001 as set forth in Attachment 4, Statement of Work (SOW).

2. Furnish NAFI Furnished Property as listed in Appendix A-1, NAFI Furnished Property of the SOW and sufficient quantities of space and utilities to ensure operations of the Base Restaurant facilities. The hours of operations of this concession shall be the same as those of the NAFI where the Concessionaire has been assigned space or as specified in writing by the Contracting Officer.

ARTICLE II.

That the Concessionaire shall:

1. Pay the NAFI a sum equal to ___% (Contractor proposed vending fee) of net vending sales. Payment of fees due the NAFI must be made monthly and in accordance with the SOW.

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

3. 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.

4. 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.

5. 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.

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

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

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

9. 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.

10. 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.

11. 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.

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

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

14. 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.

That the Concessionaire shall 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 is automatically terminated in the event the NAFI is dissolved.

3. 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.

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

5. The 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 appropriate jurisdiction 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 the NAFI. The amount of sales taxes so excluded will not be more than the actual sum payable. Where required by State or local law or regulation, the Concessionaire will obtain and conspicuously display the sales tax permit.

6. The Concessionaire warrants that the amount payable to the NAFI has not been reduced by the amount of a tax or duty from which the Concessionaire is exempt. If any such tax or duty has been included in the pricing or consideration through error or otherwise, the Contract pricing or consideration will be correspondingly adjusted. If for any reason after the Contract date the Cocnessionaire 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 adjusted.

7. Commencment date of service and Phase-In/Transition:

Phase-In/Transition – 01 Dec 09 through 31 Dec 09 Performance – 01 Jan 10 through 31 Dec 14

CONTRACTUAL CONTENTS: This contract consists of the following documents:

FORM NR DESCRIPTION DATE NR OF PAGES

Attachment 1 Buy-back Provision and Termination Provision 11 Jun 09 01

Attachment 2 Fee Schedule 11 Jun 09 01

Attachment 3 General Provisions 07

Attachment 4 Statement of Work (SOW)

Volume 1 Base Restaurant Food Service 11 Jun 09 13 Management

Volume 2 Base Restaurant Vending 11 Jun 09 03

Volume 3 Upgrade of Dining Rooms, Serving 11 Jun 09 05 Areas and Hood Vents in Food Services Facilities (Building 3001)

Appendix C-3 Safety Specification 04

Attachment 5 Wage Determination

WD 97-0056 (Rev. -17) 03 Jun 08 04

Wage Schedule # 024, NAF Wage Schdeule for 29 Dec 09 01 the Oklahoma, Oklahoma (RUS) Wage Area

Pay Schedule # 024-45, NAF Pay Ranges for the 23 Dec 08 01 Oklahoma, OK Wage Area

Attachment 6 Quality Assurance Surveillance Plan 20 May 09 05

Attachment 7 (Contractor Proposal)

FOR THE NAFI: FOR THE CONCESSIONAIRE:

Federal Tax ID Number:_________________

This Concessionaire contract has been reviewed and determined to be legally sufficient.

(Signed by Staff Judge Advocate or the representative) Date