FlywrightContract10.pdf

CONCESSIONAIRE CONTRACT FORMAT

Contract No: FA8601-10-T-0243

ARTICLE I:

That:

1. This Concessionaire contract by and between the Wright-Patterson Club hereinafter referred to as the NAFI, and ________________________, hereinafter referred to as the Concessionaire, is for the Concessionaire to provide food and beverage service to authorized patrons at Flywright, located in Building 20189, Area B, for a period of five days per week, beginning Monday and ending Friday. The hours of operations of this concession will be the same as those of the NAFI where the Concessionaire has been assigned space or as specified in writing by the Contracting Officer. The NAFI will furnish for use of the Concessionaire the following described items:

Current equipment list in Appendix B, new equipment in support of Concessionaire menu as agreed between NAFI and Concessionaire; Aloha Cash Register System with back of house computer; Telephones; Equipment replacement when maintenance cost is more than 50% of current value; Air conditioning, heating, plumbing, structural, electric.

2. Concessionaire will pay the NAFI either a sum equal to _________percent of gross sales over $15,000.00 per month plus $2,000.00 per month. Payment of fees due the NAFI must be made: (Check one) [__]daily, [__] weekly, [_X_] monthly, or [__] at the end of the sales period and submission of 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.

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, ensure that all clothing worn by employees is clean and in good condition at all items. 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 more than $500 in 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 or Cash Register 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 or cash register 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 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 concessions 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 other than an approved credit card system.

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 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 the contract must be paid in full or will remain due and payable until final settlement.

Section L – Instructions to Offerors and Section M – Evaluation of Offers will be physically removed from any resultant award, but will be deemed to be incorporated by reference in any award resulting from this solicitation.

CONTRACTUAL CONTENTS: This contract consists of the following documents:

a. Performance Work Statement

b. Special Provisions

c. General Provisions

FOR THE NAFI: FOR THE CONCESSIONAIRE:

Signature of Contracting Officer Signature of person authorized to sign contract

Type or print name Type or print name

Address and phone number Date Address and phone number Date

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

(Signed by Staff Judge Advocate or the representative) Date