Final SOW - 8.2.2021.pdf

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FOOD SERVICE

REVOCABLE LICENSE SOLICITATION

SOLICITATION NUMBER

2PMB-2021-001

FOOD SERVICE REVOCABLE LICENSE

Location: THEODORE ROOSEVELT COURTHOUSE, 225 CADMAN PLAZA EAST, 3rd

Floor, BROOKLYN, NEW YORK 11202-1818

To Interested Potential Bidders

PRE-PROPOSAL CONFERENCE: A PRE-PROPOSAL CONFERENCE AND A ONE-TIME WALK

THROUGH FOR EACH CAFETERIA LOCATION, WILL BE HELD AS FOLLOWS:

11:00 AM, Tuesday, August 10, 2021 FOR THE THEODORE ROOSEVELT COURTHOUSE, 225

CADMAN PLAZA EAST, 3RD Floor, BROOKLYN, NEW YORK 11202-1818.

IF YOU PLAN TO ATTEND, PLEASE CONFIRM BY EMAIL, OR CONTACT KATHLEEN RUMELL, the

Regional Concessions Manager (RCM), at kathleen.rumell@gsa.gov, OR 212-620-4623, NO LATER THAN

12:00 PM, Friday August 6, 2021.

ALL TECHNICAL QUESTIONS ARE DUE BY THURSDAY, August 12, 2021 AT 12:00 PM by email to: kathleen.rumell@gsa.gov. Responses to received technical questions will be made by email by

Monday, August 16, 2021, by 5 PM.

PROPOSAL PREPARATION/SUBMISSION INSTRUCTIONS: SEE EXHIBIT 1

RECEIPT OF PROPOSALS DUE: TUESDAY, 8/24/21, AT 12:00 NOON, BY MAIL AND EMAIL.

ORAL PRESENTATIONS/DESCRIPTION OF MICROMART EQUIPMENT AND OFFERINGS, TO

BE DONE VIA VIDEO CONFERENCING: TUESDAY, AUGUST 31, 2021, BEGINNING AT: _____

(TIME, DATE AND LOCATION TO BE ASSIGNED). Oral on-site presentation will not be done. A video conference presentation will be a “ZOOM” type of meeting. This is to be determined.

AWARD OF NEW LICENSE: ON OR BEFORE TUESDAY, SEPTEMBER 14, 2021, EFFECTIVE

FRIDAY, OCTOBER 1, 2021.

Any questions regarding this SOW may be directed to:

Kathleen Rumell: Tele: 212-620-4623; Email: kathleen.rumell@gsa.gov

Regional Concessions, Amenities and Wellness Program Manager, GSA Region 2

PERIOD OF PERFORMANCE: Two (2) Years, With 2, Two (2) Year Options.

Base: October 1, 2021 through September 30, 2023

Option 1-2: October 1, 2023 through September 30, 2027

SOLICITATION ISSUE DATE: Monday, August 2, 2021- Through SAM.gov and Direct Email mailto:kathleen.rumell@gsa.gov mailto:kathleen.rumell@gsa.gov

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TABLE OF CONTENTS

STATEMENT OF WORK

1. DESCRIPTION OF SERVICES 4-5

2. SCOPE OF WORK 5-7

3. DESCRIPTION OF FACILITIES 7

4. HOURS OF OPERATION 7-8

A. SERVICE SCHEDULE 7

B. MODIFICATION TO SERVICE SCHEDULE 7-8

C. ADDITIONAL CATERING SERVICES, SUPPLEMENTAL TO

REQUIRED WORK DAY CATERING LICENSE REQUIREMENTS 8

5. FINANCIAL REPORTING REQUIREMENTS 8

6. RESPONSIBILITIES OF LICENSEE 9-19

A. SERVICE 9-10

B. MENUS 10-11

C. EQUIPMENT AND UTENSILS PROVIDED BY LICENSEE 11-12

D. SANITATION AND QUALITY 12-14

E. PERSONNEL AND SUPERVISION 14-16

F. COMPOSTING/RECYCLING 16

G. LICENSEE-PERFORMED MAINTENANCE AND REPAIRS 16-17

H. CLEANING AND JANITORIAL SERVICES 17-18

I. SECURITY AREAS 18

J. HAZARDOUS CONDITIONS 18

K. LIABILITY 18

L. OCCUPANT EMERGENCY PROGRAM 19

M. INFORMATION ACCESS 19

7. RESPONSIBILITIES OF THE GOVERNMENT 19-20

A. LICENSE TO OPERATE THE FACILITY 19

B. SPACE 19

C. GOVERNMENT-OWNED/FURNISHED EQUIPMENT 20

8. TRANSITION PHASE-IN PERIOD 20-21

9. TRANSITION PHASE-OUT PERIOD 21

10. RIGHTS AND AUTHORITY OF THE GOVERNMENT 21

A. APPROVAL 21

B. PUBLIC SPACE 21

11. RESTRICTIONS 22

A. EQUIPMENT 22

B. PATRONAGE 22

C. WEEKENDS AND HOLIDAYS 22

D. FACILITIES 22

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E. TERMINATION 22

F. SURVIVAL OF LICENSEE LIABILITIES 23

G. INSURANCE REQUIREMENTS 23

H. MISCELLANEOUS 23

EXHIBITS * :

EXHIBIT 1- PROPOSAL PREPARATION / SUBMISSION INSTRUCTIONS

EXHIBIT 2A- SAMPLE CAFETERIA BREAKFAST, LUNCH AND SNACK MENUS

2B- SAMPLE JURY SNACK, BREAKFAST AND LUNCH MENUS

2C- SAMPLE CATERING EVENTS MENU

EXHIBIT 3- DELETED

EXHIBIT 4- DELETED

EXHIBIT 5-BUILDING STATISTICS AND LOCATION OF CAFETERIA

EXHIBIT 6 - FLOOR PLANS: THEODORE ROOSEVELT COURTHOUSE SPACE

EXHIBIT 7A- GOVERNMENT OWNED / FURNISHED EQUIPMENT, WITH GSA PM-

MAINTENANCE SCHEDULE FOR GOVERNMENT OWNED EQUIPMENT

EXHIBIT 7B-EQUIPMENT TO BE PROVIDED BY LICENSEE (to be added by Licensee)

EXHIBIT 8- FOOD SERVICE GUIDELINES FOR FEDERAL FACILITIES

EXHIBIT 9A- FOOD AND SAFETY TRAINING MANUAL

EXHIBIT 9B- FOOD SAFETY MANAGER TRAINING MANUAL

EXHIBIT 10 A- WAGE DETERMINATION

EXHIBIT 10 B- APPENDIX A EXECUTIVE ORDER 13658, ESTABLISHING A MINIMUM WAGE

EXHIBIT 11- SAMPLE SUGGESTED PREVENTATIVE MAINTENANCE SCHEDULE-FINAL

Schedule Is Due From Licensee After Award

EXHIBIT 12- 6/2/15 PRESIDENTIAL MEMO: “CREATING A PREFERENCE FOR MEAT &

POULTRY PRODUCED ACCORDING TO RESPONSIBLE ANTIBIOTIC USE POLICIES”

EXHIBIT 13- SECURITY CLEARANCE REQUIREMENTS

EXHIBIT 13 A- LICENSEE FITNESS DETERMINATION TRAINING

EXHIBIT 13 B- LICENSEE TRAINING POWERPOINT SLIDES

EXHIBIT 13 C- SAMPLE CONTRACTOR APPROVAL LIST

EXHIBIT 13 D-SAMPLE CONTRACTOR WORKSHEET

APPENDICES:

APPENDIX I: PROCEDURES AND REQUIREMENTS FOR JURY MEAL BILLING, WITH

INVOICING PROCEDURE DETAILS

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STATEMENT OF WORK

*All attached exhibits and appendices are incorporated into and a part of this license

1. Description of Services. Note: GSA will determine when to transition between the Phases of service listed in this Description of Work.

Licensee shall provide:

I. Phased In Food Services:

A. *PHASE I-Micromart Type Food Service* (access to unstaffed micromart area available 24/7)-With pre-PHASE I-Micromart Type Food Service** (access to unstaffed micromart area available 24/7)-With pre-packaged cold and frozen food selections, hot and cold beverage selections, and sufficient equipment to heat or cook, pre-packaged and frozen food purchases. Simultaneously, if occupancy levels support staffed services, provide limited staffed food services, including pre-packaged, grab and go, pick up and delivery food service. Establishment of an on-line ordering and payment system, enabling efficient pick up of pre-ordered food, is encouraged. Jury meals may be prepared and/or delivered, as permitted by food service requirements in effect at the time of service.

B. *PHASE II-Micromart Type Food Service Options (available 24/7), PLUS on site staffed limited grill, grab and go, pick-up and delivery food service options. Preparation and delivery of Jury Meal pre-orders and limited on site Work Day catering. On-line ordering and payment system, enabling efficient pick up of pre-ordered food and efficient ordering and delivery of Jury Meal and Work Day catering orders, is encouraged to be in place and available for customer use.

C. *PHASE III- Micromart Type Food Service Options (available 24/7), PLUS on site grill, cafeteria style food preparation and service, soups, salads or salad bar (as permitted by local food service restrictions in effect). Preparation and delivery of Jury Meal pre-orders and on site Work Day and other on-site catering. On-line ordering and payment system, enabling efficient ordering and pick up of pre-ordered food and efficient ordering and delivery of Jury Meal and Work Day catering orders, is encouraged to be in place and available for customer use.

*In PHASE II and III, the Licensee will be entitled to all jury meal snack and service orders, unless unable to provide the level of snacks and meals needed by the Courts. The Licensee will be entitled to all on site Work Day catering (Court or outside organization) orders, unless unable to provide the level of catering services required.

*In PHASE III, Licensee will have the opportunity for consideration for weekend and evening catering, as may be offered. Exhibit 2C.

**Note: A Micromart is generally defined by GSA as: “An unattended self-serve food facility”.

II. Sample Menus (Phase II and Phase III)

A. Breakfast and lunch to building occupants and the general public (cafeteria locations set forth in Exhibit

5; sample PHASE II and III-breakfast, lunch and snack menu attached as Exhibit 2A);

B. PHASE II and III-Jury Meals and morning and afternoon Jury refreshments/snacks (sample Jury breakfast, lunch and snack menu attached as Exhibit 2B); and

C. PHASE III-Work Day Catering (under 50 attendees), between the hours of 7:00 am to 3:00 pm, Monday through Friday (excluding federal holidays).

ALL food service operations will be provided in accordance with all Federal, State, territory, local municipal and industry guidance ( ie: ServSafe,National Restaurant Association, etc…), guidance (the

“Industry Guidance”). *Initial service: The level of delivery of all food services must be negotiated and

4/5/21 Page 5 approved by the GSA’s Building Manager and Regional Concessions, Amenities, and Wellness Program

Manager. GSA will have sole authority to resolve any conflicts in interpretation of the requirements of this License.

The Licensee will be expected to partner with, and seek approval from, GSA in transitioning from Phase

I to Phase III, as relevant Industry Guidance and building and visitor population increases, support such transition.

*Initial and Phase level changes in service: The level of delivery of all food services must be negotiated and approved by the GSA’s Building Manager and Regional Concessions, Amenities, and Wellness

Program Manager.

Licensee shall provide all management, supervision, labor, materials, supplies and equipment (except as otherwise described herein), and shall establish and operate the food service facility, for the purpose of dispensing food, non-alcoholic beverages and other such items as may be authorized by the Regional

Concessions Manager (RCM) in accordance with all items and conditions specified herein. Service shall be prompt, efficient and courteous and shall avoid undue interference with the operation of the building in which services are provided for the following building:

Theodore Roosevelt Courthouse, 225 Cadman Plaza East, 3rd Floor, Brooklyn, NY 11202-1818

2. Scope of Work.

Licensee will provide increasing levels of food service, in Phases I-III, as determined by GSA. The increased level of food service will be dependent upon the national, state and local food service restrictions and allowances in effect and the building tenant, visitor, jury meal and catering demand levels in the serviced building.

In PHASE I, the Licensee will initially provide a Micromart type of food service providing a variety of cold and microwaveable food selections, hot and cold beverages and assorted snacks, fruits, and yogurts, available for purchase with credit or debit card swipe check out, and available 24/7. Vendor will provide the Micromart service machines, card swipes and all hook up, venting, drainage, plumbing and digital connection needs. All plans and specifications for Micromart machinery, proposed food services and selection, and plan of operation, are to be provided in the proposal. The Licensee must have all plans, hook-ups and equipment, approved by the GSA Building Manager. If occupancy levels support staffed services, limited grab and go and prepared food service is also to be provided to service the breakfast and lunch periods, Monday through Friday, as well as jury meals and snacks.

In PHASE II, the Licensee will continue to provide and service the Micromart type of food service, grab and go and pre-packaged food options, and will additionally provide grill options, soups, oatmeal and other cooked food services. The Licensee will prepare and deliver jury meal snacks and meal service. The Licensee will be entitled to all jury meal snack and service orders, unless unable to provide the level of snacks and meals needed by the Courts. The Licensee will provide Work Day on site catering. The Licensee will be entitled to all on site Work Day catering (Court or outside organization) orders, unless unable to provide the level of catering services required. The Licensee will determine its capabilities when accepting or declining catering orders. If the Courts, in conjunction with the RCM, determine the Licensee is incapable or has not performed adequately on catering opportunities, catering may be removed from an included entitlement.

In PHASE III, the Licensee will continue to provide and service the Micromart type of food service, grab and

4/5/21 Page 6 go and pre-packaged food options and all food options provided in PHASE II, and will increase the level of food to cafeteria level food service cooked options, to service the breakfast and lunch periods, Monday through

Friday. Licensee will continue to provide the Jury snacks and meals and on-site Work Day catering, plus provide food services for weekend and evening catering. The Licensee will be entitled to all on site catering

(Court or outside organization) orders, unless unable to provide the level of catering services required. The

Licensee will determine its capabilities when accepting or declining catering orders. If the Courts, in conjunction with the RCM, determine the Licensee is incapable or has not performed adequately on catering opportunities, catering may be removed from an included entitlement.

Licensee shall provide food service, janitorial service to the preparation, display, storage and food service areas

(EXHIBIT 5 and EXHIBIT 6) of the facility, and daily cleaning and required daily maintenance (filter cleaning, daily grease removal, etc.) on all Government-owned equipment in the food service areas of the facility, and all vendor supplied equipment and facility touch points. In addition, Licensee shall be responsible for obtaining all permits, licenses, and approvals to operate the facility, and adhering to evolving food service, ServSafe, CDC, State and local emergent condition requirements, as may be required. GSA requires no additional permits. The variety, menu pricing and appearance of food products shall be consistent with approved “food service industry standards” (as detailed herein and within the FDA Food Code) for comparable local food facilities. Licensee shall demonstrate innovative methods in keeping with the highest industry standards.

The variety, menu pricing and appearance of food products shall be consistent with approved food service industry standards, license requirements, Federal Occupational Health inspection requirements and as described herein. Licensee shall demonstrate innovative methods in keeping with the highest industry standards.

Licensee shall deliver competitively priced food and beverages that are healthy and, to the extent possible and feasible, organic and locally grown.

Licensee shall maintain the food service operation in an environmentally responsible and sustainable manner.

Additional information on sustainability can be found in the link below:

http://www.gsa.gov/portal/content/104429

This License is designed to ensure that the services provided continue to meet the highest standards for customer satisfaction, wellness, a healthy diet, and sustainability. See EXHIBIT 8, FOOD SERVICE

GUIDELINES FOR FEDERAL FACILITIES. Continual feedback from Licensee and customers is key to achieving this goal. Quarterly evaluations, in addition to as-required inspections (deficiency cure measure inspections, customer feedback and joint status meetings, etc.) will be conducted by Building

Management/Facilities Management (BM/FM) and Federal Occupational Health (FOH). These inspections, are essential and program adjustments by the Government and Licensee will be made based on the operational and financial results achieved and the level of success attained relative to the wellness and sustainability goals outlined in the Statement of Work.

Roles and Responsibilities:

Regional Concessions Program Manager- The Regional Concessions Program Manager (“RCM”)for this

License is an official of Region 2, GSA. The RCM is responsible for administration of this License. The RCM is the subject-matter expert on all things related to GSA’s Concessions Program and initiatives. RCM responsibilities include, but are not limited to, developing requirements, preparing specifications, negotiating contracts and/or licenses, advising on disputes, and reporting statistical and required information as may be required by the national Concessions Program Manager. No changes to the License or any terms thereof, will

4/5/21 Page 7 be effective, unless in writing and agreed to by the RCM. The primary role of the RCM is overall program administration, license solicitation document preparation and interpretation, renewal tracking, license modifications, interpretation and providing assistance to the GSA Facility Manager in administering the day to day oversight and enforcement of the license terms and requirements.

GSA Facilities/Building Manager – The GSA Facility Manager (“FM”) for this License is the local Field Office representative who is responsible for assisting the RCM, in administering the overall performance of the

License. The FM’s responsibility includes, but is not limited to determining the adequacy of the facility’s performance in accordance with the terms and conditions of this License, conducting periodic facility inspections and issuing deficiency cure demands, holding periodic cafeteria status meetings, and serving as the daily point of contact for the Licensee, as well as coordinating with the RCM, regarding any issues related to the License. The primary role of the FM is the day to day management of the Licensee’s operation, conducting on-site inspections, meetings and need coordination, equipment management, licensee file or report reviews, facility management, license obligation oversight and enforcement, and advising RCM of escalated concerns and needs.

Operation shall be from October 1, 2021 through September 30, 2023, with Two (2) two-year options, for a total period of six years, commencing on or about October 1, 2021.

3. Description of Facilities.

Licensee has no possessory interest in the Food Service Facility and has no greater right to use or occupy the

Food Service Facility, than is provided by this License. See Exhibit 5.

4. Hours of Operation.

A. Suggested Service Schedule - Negotiable, Suggested Operating Schedule:

Hours of Operation are from 7 AM to 3 PM. Food services, Work Day Catering (under 50 attendees), Jury Refreshments/Snacks and Jury Meals*, shall be provided, Monday through Friday (except holidays observed by the Federal Government), at minimum**, as follows:

Period Opening Closing

Hot Breakfast 7:00 AM 10:30 AM

AM Break 10:00 AM 11:00 AM

Hot Lunch 11:00 AM 2:30 PM

PM Break 1:00 PM 2:30 PM

*Note to above: Licensee shall be prepared to provide and deliver regular jury meals within each respective courthouse. On occasion, Judicial Staff may have a critical need to place a jury meal request with a minimum of two (2) hours' notice. Jury Meals requested with a two (2) hour notice shall be selected from an abbreviated menu, pre-fix menu, and/or subject to a separate fee for expedited meal services. Please see separate invoicing requirements for Jury Meals in Appendix I and II.

**Licensee may exceed the listed, minimum operating hours.

B. Modification to Service Schedule

All hours may need to be adjusted as necessary, to accommodate the building occupants and visitors and implemented national and state requirements and initiatives. Any changes to these hours will be negotiated with the selected Licensee. Modification of the minimum required hours or days of service, will be considered upon the RCM or RCM’s representative’s receipt of written request for approval, or

4/5/21 Page 8 implementation of a federal or state requirement impacting operating hours. No changes will take effect unless approved in writing by the authorized GSA representative.

C. Additional Catering Services Supplemental To Required Work Day Catering License Requirements

Evening meals or after hour catering, and/or service on Saturdays or Sundays, luncheon meetings, and special after hour functions, may be requested periodically by the occupant agencies. (Evening and weekend service requires 48 hours’ notice to Licensee. For catering events serving up to 50 people that necessitate Licensee hiring outside staff, three (3) days’ notice will be required.) The Licensee will be entitled to these on-site events, for weekend and evening catering events, and larger attendee (50 or more) additional work day catering events. The Licensee will determine its capabilities and to accept or decline catering offered. If the Courts, in conjunction with the RCM, determine the Licensee is incapable or has not performed adequately on catering opportunities, catering may be removed from an included entitlement.

With requests for work day catering events serving over 50 people that necessitate Licensee hiring outside staff, seven (7) days’ notice will be required. The Licensee will be entitled to these on-site events. The Licensee will determine its capabilities and to accept or decline catering offered. If the

Courts, in conjunction with the RCM, determine the Licensee is incapable or has not performed adequately on catering opportunities, catering may be removed from an included entitlement. These are considered “additional services” to be ordered separately and are outside the standard services described in this specification. GSA, or its authorized designee, will provide a list of persons authorized to order these “additional services” directly with the Licensee. Licensee must have the ability to accept Credit

Card payments for these “additional services.”

5. Financial Reporting Requirements.

A. Monthly P& L Report and Annual Certification. Licensee shall furnish copies of monthly Profit and Loss

(P&L) statements to the RCM, by the tenth of the month following a monthly accounting period. The

P&L shall be e-mailed to the RCM using the following e-mail address: kathleen.rumell@gsa.gov, or such other email address as may be directed.

The data in the P&L shall reflect the Sales/Profits and Losses for the prior month and a detail of the average daily check and average number of people serviced daily. For example, the selected Licensee shall submit a P&L statement on or before November 10th, for the Sales/P & L figures for the month of

October. The data submitted in this P&L statement shall reflect data beginning with the second month of operation. P & L statements for the Cafeteria will be separate by location, but may be combined in one report.

B. Licensee Certification For Quarterly and End-of-Fiscal-Year Statement. Upon request, Licensee shall certify its P&L statement for submission to GSA. Licensee shall provide GSA with quarterly and an annual, certified Financial Statement. Licensee must maintain records and follow accounting practices that are in accordance with standards promulgated by the Cost Accounting Standards Board, if applicable, otherwise, Generally Accepted Accounting Principles (GAAP).

C. Payment in Lieu of Rent. This fee is waived at the sole discretion of the Regional Concessions

Manager, and this waiver is primarily considered based upon continuing customer satisfaction and overall performance of the Contractor.

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6. Responsibilities of Licensee.

Licensee shall provide prompt, efficient, and courteous service, and avoid undue interference with the operation of the Building. Licensee shall obtain licenses and permits as required by State and Local authorities, and observe all applicable building, health, sanitary, and other regulations and laws. See the attached Food and Safety Training Manuals for definitions and further instructions (EXHIBITS 8, 9A and

9B).

Licensee shall employ sufficient and suitable personnel, secure and maintain appropriate insurance, maintain records, submit reports, and observe other license requirements as set forth herein. Licensee shall pay employees at a rate that is in full compliance with the U.S. Department of Labor Wage Determination

No: 2015-4188, rev. 13, and revisions thereto, and in compliance with all applicable minimum wage laws, including every fee, cost, or other charge resulting from operations under this License, and according to any revisions to the Wage Determination requirements of the DOL. EXHIBIT 10 A and EXHIBIT 10 B.

Licensee shall meet monthly, or as needed, with the FM, RCM/ CO, and tenants to discuss mutual objectives including, but not limited to, service levels, Wellness Program, Sustainability Plan, menus, and marketing programs. EXHIBIT 8 and the link below provide additional information on GSA’s Wellness

Program and Sustainability Plan and the Food Service Guidelines for Federal Facilities:

http://www.gsa.gov/portal/content/105418

Licensee acknowledges that it must register with the System for Award Management (SAM) database once awarded the License and prior to award finalization, and maintain that registration through final payment of any amounts due under the License resulting from this solicitation. If Licensee does not register with SAM in the time prescribed by the GSA FM or RCM may require, the GSA RCM may award the License to the next registered Licensee who successfully meets and fulfills requirements. Licensee may obtain information on registration and annual confirmation requirements via the internet at http://www.sam.gov/portal/public/SAM/ or by calling 1-866-606-8220. The FM can provide assistance with the SAM registration process.

Please refer to SAM Website:

https://governmentcontractregistration.com/sam-registration-and-renewal/

Licensee shall exercise reasonable care in the use of space and Government-owned equipment and, upon

License termination, Licensee will yield such space and equipment in as good condition as when received, except for ordinary wear and tear and damage or destruction beyond Licensee’s control and not due to

Licensee’s fault or negligence. EXHIBIT 7A and EXHIBIT 11.

A. Service.

Licensee shall clean and sanitize all dining room tables after each break and at time of closing. Licensee shall remove any remaining items from the tables. Patrons shall be requested to remove trays, dishes and utensils from tables to dish carts that will be strategically located in the dining area. See the attached

Food and Safety Training Manuals for definitions and further instructions (EXHIBITS 9A and 9B).

Licensee shall provide continuous bussing service to remove any remaining soiled dishes and assure that tables, booths, chairs, and benches are cleaned and sanitized. In addition, Licensee must patrol dining rooms and report carpet stains and/or flooring damage to GSA Facility/Building Manager/designated service contract entity. Licensee will provide eating utensils, condiments, and napkins for patron use.

http://www.gsa.gov/portal/content/105418 http://www.sam.gov/portal/public/SAM/ https://governmentcontractregistration.com/sam-registration-and-renewal/

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Refer to “Section I. Cleaning and Janitorial Requirements” below, for further detail on cleaning requirements.

B. Menus.

It shall be the responsibility of Licensee to provide a variety of prepared foods that represent a food quality * that is a model for wellness and sustainability and in accordance with industry trends, industry standard practices and the industry’s latest innovative concepts. Licensee shall offer food that provides a wide variety to customers, including vegetarian, vegan, Organic, healthy, and light eater. Menus must also include items for people with dietary restrictions and offer “low fat,” "low sodium," "low calorie," and "reduced sugar" menu items as defined in “Food Service Guidelines for Federal Facilities”. It is the goal of this License that 40% of the menu structure served at each meal period offers a variety of dietary options. All menu items must be clearly labeled for customers, in accordance with the attached

EXHIBIT 8.

*Food quality is the quality characteristics of food that is acceptable to consumers. This includes external factors such as appearance (size, shape, color, gloss, and consistency), texture, and flavor;

and factors such as federal grade standards (e.g., of eggs) and internal (chemical, physical, microbial).

In light of the emphasis placed on the Wellness Program in this solicitation, and in order to ensure optimum visibility of healthy menu offerings, Licensee should take into consideration the positive effects of priority placement of the products in the cafeteria and on the serving lines. Examples of product placement may include placement of healthy menu offerings as the first thing the customer encounters at each serving line, or at the cash register or at key places on serving lines that are closest to eye level.

Licensee shall comply with the nutritional information requirements of the 2015 and all subsequent revisions of U.S. Dietary Guidelines for Americans (www.health.gov/dietaryguidelines), including in particular the following:

1) Price/Portion Book: Prior to the start date of service, Licensee shall provide to the FM a complete price/portion book for the account (e.g., hamburger: list patty size and selling price; ham sandwich: list ounces of meat, toppings included, and selling price).

2) Price/Calorie Count Display: During each serving period, easy-to-read menus with prices and calories per serving shall be prominently displayed for the information of patrons. Additional nutritional information must be made available, in written form, on request. All customer signage, menus, etc.

must be printed (no handwritten signs are allowed), or approved by GSA. All signs to be affixed to building services with painters tape, or as approved by GSA.

3) GSA Signage Display: GSA may post and display signage within the licensed space, at any time.

Temporary menu items appearing on the menu for less than 60 days are exempt from calorie and nutritional information requirements.

Electronic boards and Licensee-sponsored web pages with menu and related information are encouraged.

Licensee is encouraged to establish an on-line ordering system that enables efficient pick up and pre-payment of food orders by customers.

http://www.health.gov/dietaryguidelines

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No menu changes shall be in effect until written approval has been given by the FM and the RCM.

Licensee shall provide to the FM and the RCM, a brief statement of cause (such as poor sales demonstrated by the Monthly Profit and Loss statements or increased costs documented by supporting proofs (competitor pricing comparisons, supplier invoices, etc.)) with the proposed new menu, prices, and portion information, compared to current. The approved menu change will take effect after providing a two-week notice to the patrons of the menu change along with a brief statement of cause, the new menu prices, and portion information.

C. Equipment and Utensils Provided by Licensee (EXHIBIT 7B).

All required equipment and utensils not provided by the Government under the provisions of Section 7

(Responsibilities of the Government), shall be provided by Licensee. Licensee is to provide all

Micromart related equipment. Licensee shall replace such equipment and utensils when necessary because of loss, wear, breakage, or obsolescence. Equipment and utensils provided by Licensee shall be of a quality in keeping with that provided by the Government as determined by the FM and RCM.

Licensee shall provide all necessary food service equipment and utensils of the general character listed below and replace such equipment and utensils when necessary because of loss, depreciation, or obsolescence. Licensee is to purchase and use Energy Star Rated equipment in the performance of this

License.

Partial List of Necessary Licensee Supplied Food Service Equipment and Utensils:

Cash registers

Condiments

Containers and cans, all types

Dispensers, napkins

Inserts for steam table and counters

Machines, office and cash handling

Menu boards, letters, price markers

Racks, dish machine and storage

Safe

Salt & Pepper

Scales, food preparation

Sharpeners

Trash receptacles (Back of House/Kitchen Area)

Trays

Table ware (China, cutlery, glassware etc.)

Utensils and kitchenware

Computer

Telephone

Vehicles

Mobile Food Stand/Cart

All other kitchen small wares to meet License requirements

Disposable products provided by Licensee shall include products that are petroleum-free, contain post-consumer recycled content, and are processed chlorine free. All disposable products must be

“compostable” and compatible with the recycling/compost system that will be or is in use within the building. The use of disposable chinaware (including plates, cups, and bowls) constructed of Polystyrene

4/5/21 Page 12

Foam is prohibited. The Licensee shall comply with local laws in regard to single use plastic bags and other items used in service provision.

All items provided by Licensee shall be of good quality, suitable for the purpose of their intended use, and consistent with the quality of the various items provided by the Government. All equipment furnished by

Licensee shall be subject to approval of the FM and RCM.

Licensee shall provide, at his/her sole expense, a complete Point of Sale (POS) system to include the acceptance of patrons’ credit and debit cards in an expeditious manner. The Government will furnish a telephone (POTS) line to facilitate the credit card transactions at no cost to Licensee. The POS system must have capability of providing and maintaining an accurate inventory and itemized pricing for named and categorized items purchased and sold (ex: Entrée, Deli, Salad Bar, and not just “item”, as detail).

Licensee shall provide, at his/her sole expense, all telephone and data lines/cabling for full cafeteria and catering operations. Licensee shall notify respective building management/facilities management representatives when adding, removing, relocating, modifying all telephone and data cabling within the building. Building Management/Facilities Management will provide guidance and protocol regarding all telephone and data lines ran within each building.

Licensee shall provide submittals and samples for approval by the FM, of all menu boards, signage, trash receptacles and other highly visible items such as plates, cups and food utensils, including dishes and silverware prior to placement. It is a requirement of this License that such items be aesthetically consistent with the café/dining design elements. This requirement shall remain in effect throughout the entire term of the License. Installation and placement of approved menu boards, signage, trash receptacles and decorative items are Licensee’s responsibility.

Trash receptacles shall be of hard, non-toxic, plastic material for the kitchen and back of the house receptacles, and should be securely covered. Single-service plastic liners shall be used in conjunction with these receptacles. All trash containers will be provided with self-closing swing tops. A sufficient number of receptacles must be strategically placed to accommodate the daily requirements and emptied as soon as they become full.

Licensee should maintain a physical inventory of all Licensee-owned equipment on site. All Licensee-owned equipment shall remain the property of Licensee throughout the license term.

*Additional Equipment: The Licensee may submit a wish list of equipment to support the success of the cafeteria operation and it shall be shared with the government FM/ FCO. All requests will be reviewed and are subject to the availability of government funds and not guaranteed to be provided by the government at any time"

D. Sanitation and Quality.

Licensee shall serve quality food, under clean and sanitary conditions, in accordance with the provisions and recommendations contained in the most recently published Food Code, U.S. Public Health Service publication. All foods served shall be wholesome and free from spoilage, free from adulteration and misbranding, and safe for human consumption. Uncooked items, such as fresh fruits, shall be clean and free from blemishes. All foods when served shall be attractive in appearance and correct in temperature and consistency. To the degree feasible and available, Licensee will purchase food that is produced locally (within a 100-mile radius) and regionally (within a 300-mile radius). To the degree that certified

4/5/21 Page 13 organic products can be offered at market comparable prices (financially sustainable), they should be available on the menu.

Licensee will use the following specifications as a guide when purchasing food products:

• Meat

Beef: U.S. Department of Agriculture (USDA) Choice

Pork: USDA Number 1

Veal: USDA Select and Choice

Lamb: USDA Choice

Poultry: USDA Grade “A” for all graded fresh or frozen poultry and poultry products as a minimum specification

• Seafood

Offer fish/seafood that has been responsibly harvested; http://www.fishwatch.gov

• Dairy

Eggs: Fresh USDA or State Grade “A

Butter: USDA Grade “A” (92) Score

Cheese: USDA Grade “A” for all graded cheeses

Milk and milk products: USDA Grade “A” Fresh

• Produce: USDA Grade “A”

• Dry Stores: Grade “A” Fancy

• Canned goods: Grade “A” Fancy

Licensee shall follow the requirements of the 6/2/2015 Presidential Memo, entitled: “Creating a Preference

For Meat & Poultry Produced According To Responsible Antibiotic Use Policies”, to the extent feasible and cost effective, and will annually file a report of responsible antibiotic use sourced meat and poultry purchased, or file a request for Waiver due to lack of availability or cost prohibitive sources, see EXHIBIT

12. Licensee may be asked to demonstrate to the RCM that it has attempted to identify suppliers of organic and locally-grown products and cost effective sources for meat and poultry produced according to responsible antibiotic use policies.

More information about the certified responsible antibiotic-use standard, including a list of certified responsible antibiotic-use poultry producers, is available on USDA's website

(http://www.ams.usda.gov/services/auditing/crau).

Licensee will report on purchases made through these sources annually, or apply for a waiver if unable to locate an available or cost effective supplier. Reports and waivers are to be provided to the RCM annually, prior to September 30th.

To the maximum extent practicable, Licensee shall avoid adding products to the menu that contain high fructose corn syrup, modified corn starch, and other similar additives, as well as products including preservatives.

Products purchased must meet the sodium level recommended in the 2015 and all subsequent revisions of

U.S. Dietary Guidelines for Americans. If such products are not available in the marketplace, alternative products should be used and may include fresh prepared products.

http://www.fishwatch.gov/ http://www.ams.usda.gov/services/auditing/crau

4/5/21 Page 14

Freshly prepared menu items (soups, entrees, side dishes, salads, etc.) are highly desirable.

All employees assigned by Licensee to perform work under this agreement shall be physically able to do their assigned work and in compliance with all Food Code and food handler’s licensing and permit requirements. The current Food Code, U.S. Public Health Service, ServSafe processes, and all local codes and regulations relating to food service sanitation and procedures, shall be adhered to by Licensee.

Licensee shall develop and implement a Quality Control Plan which will include regular routine self-inspections and include a Hazard Analysis Critical Control Point (HACCP) Plan. The procedure shall be based on the seven basic principles as outlined in ServSafe and in the Food Code. The Plan must be a written document for controlling and monitoring the following food processes:

● Cooking

● Hot-holding

● Cold-holding

● Cooling

● Reheating

● Refrigeration and storage of potentially hazardous foods

● Cleaning and sanitizing of food contact surfaces

All Quality Control Plan documents shall be made available for review by the FM and RCM, upon request.

Any suspected outbreak of human illness, whether involving employees or visitors, is to be reported immediately to the Government (RCM and FM) and as required under the Food Code and food handler’s license and permit requirements. A suspected outbreak of human illness results when two or more persons have common symptoms that could be associated with contaminated water or food sources or other adverse environmental conditions. All suspected COVID-19 or other pandemic events, MUST be immediately reported to the BM and responded to according to building and CDC requirements.

E. Personnel and Supervision.

1) Licensee shall employ sufficient personnel to maintain sanitary conditions and to provide prompt and efficient service at all times. All employees shall be sober, conscientious, neat, and courteous. Licensee must at all times provide an adequate number of food service employees to perform the varied and essential duties inherent to a successful food service operation. Licensee shall employ a full-time Food

Service Manager (“Manager”) and will have a supervisor (designated “person in charge”, with a Food

Protection Manager certification) onsite at each location. The Manager will be expected to effectively oversee the day-to-day operational supervision of personnel and training, execution of Licensee’s proposal, menu planning, purchasing, cost control, sanitation, customer satisfaction, etc. The Manager must be onsite when the cafeteria is open for the entirety of this License. A back-up Manager shall also be identified and prepared to take on the duties as described above. The Government reserves the right to approve the person selected as Manager. Licensee’s Manager will be replaced, on 30 day's notice, upon request of the FM. A representative of Licensee (e.g., District Manager, owner, company principal, etc.) shall visit the facility periodically and conduct a health and sanitation inspection independent of the operator’s inspection. Inspection findings shall be made available for review by the

FM and/or RCM, upon request. A representative of executive status (e.g., Vice President) shall visit the facilities to adjust significant matters requiring attention upon 48 hours’ notice from the Government.

Proper staffing must be provided at all times to prevent excessive wait times (5 minutes).

4/5/21 Page 15

The Manager and back-up Manager must be certified Food Protection Managers as defined in the 2013

U.S. Food and Drug Administration (FDA) Food Code. At least one certified “Food Protection

Manager”, Manager or supervisor, must be located at each operating location.

2) Food service staff will be required to have their Food Handler’s certifications as required by State and local authorities.

3) Licensee’s personnel must be able to communicate in English sufficiently to carry out all duties assigned to them and to communicate with customers.

4) Licensee’s employees shall wear a distinctive item of clothing such a badge, cap, armband, blouse, or uniform as a means of identification during the time they are in the building. Licensee’s employees shall wear proper uniforms, including hair/beard nets and/or head/covers during the time they are performing their duties in the building. Legible nameplates identifying each employee shall be provided by Licensee and displayed as part of the uniform.

5) Licensee’s employees shall be required to change their clothing and store their personal items in the

Government-provided lockers. The locker room must be maintained in a neat and clean condition by

Licensee.

6) Licensee’s employees shall be fully capable of performing the type of work for which they are employed.

7) In order to maintain a high quality food service operation at all times, Licensee must provide adequate, trained relief personnel (management and staff) to substitute for absent regular employees.

8) Licensee is required to schedule a monthly employee training program that will continue for the duration of this License, and any extensions thereof, to ensure that employees perform their jobs with the highest standards of efficiency, customer service, and sanitation excellence. Licensee must keep on site a record of training attendance and subject-matter covered for Government review.

Helpful Training Materials:

Food Safety Training:

-Video: http://bit.ly/FOHFESTV

-Manual: http://bit.ly/FOHFESTM (EXHIBIT 9 A)

Food Safety Manager Training (Does not substitute for certification program):

-Video: http://bit.ly/FOHFSMTV

-Manual: http://bit.ly/FOHFSMTM (EXHIBIT 9 B)

9) Licensee shall require his/her employees to comply with such instructions pertaining to conduct and building regulations as are in effect for the control of persons in the building, or as may be issued for that purpose by Government representatives. All employees must be cleared through HSPD-12

Government security clearance procedures in accordance with EXHIBITS 13A-D.

10) All articles found by Licensee, Licensee’s agents or employees, or by patrons and given to Licensee, shall be turned in to the Building Manager’s office as lost and found items.

http://bit.ly/FOHFESTV http://bit.ly/FOHFESTM http://bit.ly/FOHFSMTV http://bit.ly/FOHFSMTM

4/5/21 Page 16

11) In addition to the above, Licensee is responsible for:

● Ensuring that all employees have a Licensee Government Identification Badge before they report for duty. The FM will advise Licensee on procedures for obtaining clearances.

● Returning badges to the FM as employees are dismissed or terminated, and/or when the License expires.

● Ensuring that employees wear their badges properly at all times while on duty, and show them upon request.

● Ensuring that employees make themselves available to pose for new photo identification badges when original badges expire. The schedule for obtaining new badges is to be determined by the FM.

F. Composting/Recycling.

1) Licensee shall participate and integrate with the recycling and composting program (i.e., cardboard, aluminum, plastic, glass, and metal cans used in food preparation and discarded by customers) operated by the Government in the specific Buildings associated with this License. Licensee shall work in conjunction with the Government to collect food waste for composting, including waste created during food preparation and collected from returned serving trays. Licensee is responsible for the collection, separation, and transportation of recyclables to the dumpsters in the loading dock, or to another location as determined by the Building Manager. All disposable products must be compatible with the recycling system that will be or is in use within the buildings. The use of disposable chinaware (including plates, cups, and bowls) constructed of polystyrene foam is prohibited. Licensee shall promote the recycling effort via appropriate signage and other customer education efforts.

2) In an effort to reduce paper usage, Licensee shall provide a monetary savings incentive for any customer who uses his/her personal coffee cup. Licensee shall also provide reusable cups/mugs for purchase at a discount rate (ie: With purchased cup/mug, coffee refill cost will be discounted). This program shall be advertised via appropriate signage.

3) Licensee shall collect, store, and recycle grease and cooking oils. The containers and surrounding space are to be kept clean and orderly by Licensee. Licensee shall be responsible for the proper storage and marking of containers of grease and cooking oils. Kitchen grease will be collected in containers that are waterproof, vermin-proof, covered, and well-labeled to indicate container contents.

G. Licensee-Performed Maintenance And Repairs.

Licensee shall, except as otherwise provided herein, adjust, clean, and provide daily operational maintenance (daily cleaning of filters, removal of daily grease, sanitizing of touchpoints and

Licensee Micromart equipment, etc.), to maintain in a satisfactory condition, all equipment used under the License, regardless of whether provided by the Government or by Licensee. Licensee shall advise

GSA of equipment repairs or replacements needed on GSA equipment as soon as known and shall perform repairs or maintenance required on Licensee owned equipment. Licensee is specifically responsible for all maintenance, repair and replacement, of its micromart equipment.

1) A “piece of equipment “is defined as a self-contained mechanical entity, such as toaster, stove, refrigerator, etc. A “utensil” is defined as a (generally) portable item; such as pots, pans, spoons, trays, etc. The Government shall not be responsible for repair or replacement of equipment or

4/5/21 Page 17 utensils provided by the Licensee. Licensee is to keep a log of all repairs performed. Licensee may be responsible for all repair costs in their entirety, should Licensee fail clean and provide daily operational maintenance or deliberately damage the GSA owned equipment.

2) Licensee shall immediately notify GSA of the need to perform these repairs whenever equipment begins to break down or operate at less than 100% efficiency. Any delay in notifying GSA timely of needed equipment repairs, which results in further damage to the equipment will factor into review of exercise of the next option period. Repairs on food service equipment covered by a warranty or guarantee agreement shall not be initiated without the prior approval of the FM.

H. Cleaning and Janitorial Services.

1) Licensee agrees to furnish all labor, supplies, materials, equipment, and supervision sufficient to maintain the cafeteria areas and food service equipment within its areas of responsibility in a clean and sanitized as required, and in an orderly, and sanitary condition at all times, as detailed below. In connection with the performance of this License, Licensee shall not use any material which the

Government solely determines would be unsuitable for the purpose or harmful to the surfaces to which it is applied.

Licensee shall be responsible for complying with GS-42 Green Seal Environmental Standard for

Cleaning during the term of this License. Green Seal’s mission is to work towards environmental sustainability by identifying and promoting environmentally responsible products, purchasing and production. Before beginning work Licensee shall submit to the FM the brand name or manufacturer of any material proposed for use in connection with the work of this License.

Any material which the FM determines would be unsuitable for the purpose, or harmful to the surfaces to which it is to be applied, may be rejected. All chemicals used for the purpose of cleaning shall be non-toxic and non-hazardous. Safety Data Sheets (SDS) for all products used shall be placed on site prior to the start date of the License.