FOOD SERVICE REVOCABLE LICENSE SOLICITATION - RLNY0281ZZ2022.pdf

FOOD SERVICE REVOCABLE LICENSE SOLICITATION

SOLICITATION NUMBER: RLNY0281ZZ2022

LOCATION: Location : James M. Hanley FB and Courthouse, 100 South Clinton Street, 5th Floor, Syracuse, NY

PERIOD OF PERFORMANCE: Five (5) Years With 3 Five Year Options.

Base: December 1, 2022 - November 30, 2027 Option 1: December 1, 2027 - November 30, 2032 Option 2: December 1, 2032 - November 30, 2037 Option 3: December 1, 2037- November 30, 2042

SOLICITATION ISSUE DATE: Wednesday, July 6, 2022

PRE-PROPOSAL CONFERENCE: A pre-proposal conference and a one-time walk through will be conducted at 2:00 PM, Tuesday, July 12, 2022. Attendees will meet at the James M.

Hanley FB & Courthouse entrance. If you plan to attend, please confirm by email, by contacting Kathleen Rumell no later than 12:00 PM, Friday, July 8, 2022.

All technical questions shall be submitted to Kathleen Rumell by Thursday, July 14, 2022, at 12:00 noon to email:

kathleen.rumell@gsa.gov.

PROPOSALS DUE: Friday, August 5, 2022, at 12:00 noon, by mail and email.

See Exhibit 1 for proposal preparation/submission instructions.

LICENSE AWARD: On or before Thursday, September 15, 2022

START DATE: On or about Thursday, December 1, 2022

QUESTIONS: Kathleen Rumell Concessions, Amenities and Wellness Program Manager, GSA Region 2 Tele: 212-620-4623 Email: kathleen.rumell@gsa.gov

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TABLE OF CONTENTS

SECTION

No.

SECTION TITLE PAGE

1 DESCRIPTION OF SERVICES 5

2 SCOPE OF WORK 5

3 DESCRIPTION OF FACILITIES 7

4 HOURS OF OPERATION 7

4A SERVICE SCHEDULE 7

4B MODIFICATION TO SERVICE SCHEDULE 7

4C ADDITIONAL CATERING SERVICES SUPPLEMENTAL TO

REQUIRED WORK DAY CATERING LICENSE REQUIREMENTS

5 FINANCIAL REPORTING REQUIREMENTS 8

6 RESPONSIBILITIES OF LICENSEE 8

6A SERVICE 9

6B MENUS 9

6C EQUIPMENT AND UTENSILS PROVIDED BY LICENSEE 10

6D SANITATION AND QUALITY 12

6E PERSONNEL AND SUPERVISION 13

6F COMPOSTING/RECYCLING 15

6G LICENSEE-PERFORMED MAINTENANCE AND REPAIRS 15

6H CLEANING AND JANITORIAL SERVICES 16

6I SECURITY AREAS 17

6J HAZARDOUS CONDITIONS 17

6K LIABILITY 17

6L OCCUPANT EMERGENCY PROGRAM 17

6M INFORMATION ACCESS 18

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TABLE OF CONTENTS

SECTION

No.

SECTION TITLE PAGE

7 RESPONSIBILITIES OF THE GOVERNMENT 18

7A LICENSE TO OPERATE THE FACILITY 18

7B SPACE 18

7C GOVERNMENT-OWNED/FURNISHED EQUIPMENT 18

8 TRANSITION PHASE-IN PERIOD 19

9 TRANSITION PHASE-OUT PERIOD 19

10 RIGHTS AND AUTHORITY OF THE GOVERNMENT 20

11 RESTRICTIONS 20

11A EQUIPMENT 20

11B PATRONAGE 20

11C WEEKENDS AND HOLIDAYS 20

11D FACILITIES 20

11E TERMINATION 21

11F SURVIVAL OF LICENSEE LIABILITIES 21

11G INSURANCE REQUIREMENTS 21

11H MISCELLANEOUS 22

APPENDIX & EXHIBITS

APPENDIX 1 RESERVED

EXHIBIT 1 PROPOSAL PREPARATION / SUBMISSION INSTRUCTIONS

EXHIBIT 2A RESERVED

EXHIBIT 2B RESERVED

EXHIBIT 2C RESERVED

EXHIBIT 3 RESERVED

EXHIBIT 4 RESERVED

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EXHIBIT 5 BUILDING STATISTICS AND LOCATION OF CAFETERIA

EXHIBIT 6 FLOOR PLAN: JAMES M. HANLEY FB & COURTHOUSE (Available At Walk Through)

EXHIBIT 7A GOVERNMENT OWNED / FURNISHED EQUIPMENT, WITH SUGGESTED

MAINTENANCE SCHEDULE

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 10A WAGE DETERMINATION

EXHIBIT 10B 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 13A LICENSEE FITNESS DETERMINATION TRAINING

EXHIBIT 13B LICENSEE TRAINING POWERPOINT SLIDES

EXHIBIT 13C SAMPLE CONTRACTOR APPROVAL LIST

EXHIBIT 13D SAMPLE CONTRACTOR WORKSHEET

All attached exhibits and appendix are incorporated into and a part of this license.

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STATEMENT OF WORK

1. Description of Services.

Licensee shall provide all management, administration, supervision, labor, equipment (except as otherwise described herein), materials and supplies necessary to provide daily food services, including breakfast and lunch service (See EXHIBIT 2 A). Services include but are not limited to an on site grill, cafeteria style food preparation and service, soups, salads or salad bar (as permitted by local food service restrictions in effect).

Service shall be prompt, efficient and courteous and shall avoid undue interference with the operation of the buildings in which services are provided.

On an as needed basis, the licensee will be also have the opportunity to provide the following:

1) Jury Meals

2) Jury Refreshments/Snacks

3) Work Day Catering

The above described services shall be performed at the location identified below:

1) James M. Hanley FB and Courthouse, 100 South Clinton Street, 5th Floor, Syracuse, NY. See EXHIBIT 5 and EXHIBIT 6.

2. Scope of Work.

Licensee will provide full cafeteria level of food service at the James M. Hanley FB and Courthouse. See EXHIBIT 5 and EXHIBIT 6.

1) The Licensee shall:

a) Provide full cafeteria level services, as described herein. Including but not limited to: On-site grill, cafeteria style food preparation and service, soups, salads or salad bar, and pick-up and delivery food service options.

i) 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 required. GSA requires no additional permits.

ii) Provide a varied menu, prominently display pricing and calorie content.

iii) Ensure that the appearance of all food products is consistent with food service industry standards. Reference this scope of work, the current FDA Food Code (available at FDA.gov)) and the Federal Occupational Health inspection requirements for comparable local food facilities.

iv) Perform food service operations in accordance with all Federal, State, territory, local municipal and industry guidance ( ie: ServSafe, National Restaurant Association, and such relevant guidance as may be in effect during the term of this License (the “Industry Guidance).

v) Demonstrate innovative methods in keeping with the highest industry standards.

vi) Deliver competitively priced food and beverages that are healthy and, to the extent possible and feasible, organic and locally grown.

vii) Maintain the food service operation in an environmentally responsible and sustainable manner.

(1) .

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viii) Perform daily janitorial services.

ix) Perform daily maintenance services.

x) Perform administrative services related to:

(1) Financial reporting.

(2) Employee management.

(3) Managing the security clearance process of employees.

(4) Respond to inspection findings.

(5) Attend weekly status meetings.

xi) Provide and manage an on-line ordering and payment system, enabling efficient ordering and pick up of pre-ordered food including Jury Meals and Jury Refreshments/Snacks.

xii) Coordinate with the building occupants for all payments related to Jury Meals, Jury Refreshments/Snacks and catering. It is the responsibility of the licensee to become familiar with the ording tenant’s payment processes.

xiii) Provide training to employees.

xiv) Be capable of adjusting the level and manner of food services provided, as determined by

GSA, to address national, state and local food service restrictions and allowances that may be required and in effect.

b) Have the opportunity to provide Jury Meals, Jury Refreshments/Snacks, Prisoner Meals (US Marshals Service) other Food Service (Child Care Center) and Catering (Tenant catering/food service opportunities).

2) Period of performance:

a) Base: December 1, 2022 - November 30, 2027

b) Option 1: December 1, 2027 - November 30, 2032

c) Option 2: December 1, 2032 - November 30, 2037

d) Option 3: December 1, 2037- November 30, 2042

3) Roles and Responsibilities:

a) 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 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 is the sole authority for resolving any conflicts in interpretation of License requirements.

b) GSA Building/Facilities Manager – The GSA Building/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 notifications, 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

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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.

3. Description of Facilities.

Licensee has no ownership or 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 and EXHIBIT 6.

4. Hours of Operation.

4 A. Required Minimum Service Schedule:

Hours of Operation are from 7 AM to 3 PM for cafeteria services. Food services shall be provided, Monday through Friday (except holidays observed by the Federal Government), at minimum, as follows:

Period Opening* Closing* Hot Breakfast 8:00 AM 10:00 AM

Hot Lunch 11:00 AM 2:00 PM *Licensee may choose to exceed the listed, minimum operating hours.

On occasion, Judicial Staff may make a jury meal request with a minimum of two (2) hours' notice. Separately contracted Work Day catering services may be occasionally requested and may be provided, at the option of the Licensee. Please arrange for separate invoicing or payment collection directly from the Judicial Staff or other contracting Tenant Agency for any separately contracted services rendered.

4 B. Modification to Service Schedule.

All hours may need to be adjusted as necessary, to accommodate the building occupants and visitors. Any changes to these hours will be determined by GSA. Modification of the minimum required hours or days of service, will be considered upon the FM’s receipt of written request for approval. No changes will take effect unless approved in writing by the authorized GSA representative.

4 C. Additional Catering and Contract Food Services Supplemental To Required Cafeteria Food Service License Requirements.

1) Work Day catering, evening meals, after hour catering, and/or weekend service, luncheon meetings, and special after hour functions, may be requested periodically by the occupant agencies.

2) Prisoner Meals, Jury Meals, Jury Snacks and other non-contracted food service opportunities, may be requested periodically by the occupant agencies.

3) Optional catering event and food service notice requirements:

a) Evening and weekend service opportunities are suggested to require 48 hours’ notice to

Licensee.

b) Catering events serving up to 50 people (which necessitate Licensee hiring outside staff), are suggested to require three (3) days’ notice.

Work Day catering events are suggested to have a minimum of two (2) days notice. d) The Licensee will have the opportunity to consider Work Day, evening, after hour, weekend and

7 - 7/5/22 larger attendee (50 or more) catering events, Jury Meal and Snack, Prisoner Meal and other building Tenant food service opportunities. The Licensee may elect to accept the opportunity if offered, and GSA or the building Tenants, may or may not elect to offer the opportunity to the Licensee.

c) The optional catering and food service opportunities are considered “additional services”, are outside the standard services described in this specification, and are to be ordered and billed separately.

d) GSA, or its authorized designee, can assist with obtaining a list of persons authorized to order these “additional services” directly with the Licensee.

e) Licensee must have the ability to accept Credit Card payments for these “additional services.”

4) The Licensee will have the opportunity to bid for and service, using Licensed space for preparation, in-building meal contracts or catering services for Tenant Agency food service requirements, including for the James M. Hanley FB and Courthouse Child Care Center.

5. Financial Reporting Requirements.

1) Monthly Profit and Loss (P&L) Report and Annual Certification. Licensee shall furnish copies of monthly P&L statements to the RCM, by the end 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.

2) 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 30th, 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.

3) 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.

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 and guidelines 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 10A and EXHIBIT 10B.

Licensee shall meet monthly, or as needed, with the FM, RCM, and tenants to discuss mutual objectives including, but not limited to, service levels, Wellness Program, Sustainability Plan, menus, and marketing

8 - 7/5/22 programs, See EXHIBIT 8.

Licensee acknowledges that it must register with the System for Award Management (SAM) database prior to award of the License, and maintain that registration through final payment of any amounts due under the License resulting from this solicitation. If the Licensee does not register with SAM in the time prescribed by GSA, GSA 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 www.sam.gov or by calling 1-866-606-8220. The FM can provide assistance with the SAM registration process. Please refer to SAM Website: www.sam.gov

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. See EXHIBIT 7A.

6 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.

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

6 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.

9 - 7/5/22 http://www.sam.gov http://www.sam.gov

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.

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.

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.

6 C. Equipment and Utensils Provided by Licensee (EXHIBIT 7B AND EXHIBIT 11).

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 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:

1) Cash registers

2) Condiments

3) Containers and cans, all types

4) Dispensers, napkins

5) Inserts for steam table and counters

6) Machines, office and cash handling

7) Menu boards, letters, price markers

8) Racks, dish machine and storage

9) Safe

10) Salt & Pepper

10 - 7/5/22 http://www.health.gov/dietaryguidelines

11) Scales, food preparation

12) Sharpeners

13) Trash receptacles (Back of House/Kitchen Area)

14) Trays

15) Tableware (China, cutlery, glassware etc.)

16) Utensils and kitchenware

17) Computer

18) Telephone

19) Vehicles

20) Mobile Food Stand/Cart

21) 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 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 run 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

11 - 7/5/22 equipment shall remain the property of Licensee.

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, 6 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 FDA 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 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:

1) Meat

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

b) Pork: USDA Number 1

c) Veal: USDA Select and Choice

d) Lamb: USDA Choice

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

2) Seafood

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

3) Dairy

a) Eggs: Fresh USDA or State Grade “A

b) Butter: USDA Grade “A” (92) Score

c) Cheese: USDA Grade “A” for all graded cheeses

d) Milk and milk products: USDA Grade “A” Fresh

4) Produce: USDA Grade “A”

5) Dry Stores: Grade “A” Fancy

6) Canned goods: Grade “A” Fancy

Licensee is encouraged to 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. 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).

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.

12 - 7/5/22 http://www.fishwatch.gov http://www.ams.usda.gov/services/auditing/crau

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.

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:

1) Cooking

2) Hot-holding

3) Cold-holding

4) Cooling

5) Reheating

6) Refrigeration and storage of potentially hazardous foods

7) 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.

6 E. Personnel and Supervision.

1) Licensee shall employ sufficient personnel to maintain sanitary conditions and to provide prompt and efficient service at all times and ensure service wait times are minimalized. 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 and employees shall be fully capable of performing the type of work for which they are employed.

2) 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. 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.

3) A back-up Manager shall also be identified and prepared to take on the duties as described above.

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4) 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, must be present when either cafeteria location is operating.

5) The Government reserves the right to approve the person selected as Manager and back-up Manager.

Upon 30 day’s written deficiency notice from the FM that the Manager has been found to be unacceptably deficient in his/her responsibilities overseeing Staff and/or enforcing proper FDA Food Code operating procedures, the Licensee will replace its Manager.

6) 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 address significant matters requiring attention upon 48 hours’ notice from the Government.

7) Food service staff will be required to maintain their Food Handler’s certifications current, as required by State and local authorities. The current certifications should be available for inspection at all times.

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

9) Licensee’s employees shall wear a distinctive item of clothing such a badge, cap, arm band, 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.

10) 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.

11) 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.

12) 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. See. Exhibit 9A and Exhibit 9 B.

13) 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. Note: For all security clearance paperwork (ROCAL, etc.) the “contract number” for this License is referred to as:

“RLNY0351ZZ2022”

14) All articles found by Licensee, Licensee’s agents or employees, or by patrons and given to Licensee, 14 - 7/5/22 shall be turned in to the Building Manager’s office as lost and found items.

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

a) 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.

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

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

d) 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.

6 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 spaces 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.

6 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 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:

1) “Equipment“ is defined as a self-contained mechanical item, such as a 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 utensils provided by the

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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. GSA must approve all equipment brought into or removed from the building.

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.

6 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, 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.

a) 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.

b) 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. SDS’s shall be maintained on site and updated as required.

2) Equipment used in the performance of cleaning and janitorial services shall be of the type, and of sufficient capacity, to assure high quality work, and shall meet with the approval of the FM.

3) Licensee shall be responsible for the cleaning and maintenance of the “non public” areas of the kitchen, including: kitchen, storage, work and serving area; including all counters, equipment, floors, walls, doors, interior window glass and ceilings (including the ventilation supply and exhaust registers and grills). Licensee shall maintain the “public” serving and dining area floors in a clean, spillage-free condition, and regularly bus tables and the dining area, during service hours. Licensee shall clean the microwave ovens in the dining area and toasters daily, and leave the dining room floor in a “broom clean,” spillage-free condition after service hours.

4) Licensee shall collect all trash associated with the operation and remove it to a designated trash container as approved by the FM. The Government will be responsible for the removal of the trash from the building.

5) The Government shall be responsible for the daily cleaning of the public serving area floors that are considered “public,” patio and atrium floors, all exterior windows, ledges, and frames, both inside and

16 - 7/5/22 out, as well as the floors in the dining area, including dining room furnishings, but not limited to, table bases, chairs, booths, counters, tray carts, and trash collection stations.

6) Failure to maintain any of the facilities in a clean and sanitary condition may result in the withdrawal of the privilege of using such facilities, or the FM may have the facility cleaned by other means with the cost charged to, and borne by, Licensee.

6 I. Security Areas.

Licensee shall be responsible for the security of all areas under the control and/or jurisdiction of Licensee.

Designated employees shall have the responsibility for determining that all equipment has been turned off, that windows are closed, lights and fans turned off, and doors locked when the facilities are closed. GSA shall have access keys to all premises areas, available for emergency use. Copies of any keys not provided to licensee by GSA are to be provided to GSA FM and the O & M contractor. The Licensee is required to follow the building’s OEP and shall have a fire warden for each location.

Licensee is responsible for ensuring that employees shall not express, repeat, comment upon, disclose, or use in any way any information seen, observed, or derived from documents or conversations of a sensitive or confidential nature overheard by them in the performance of their duties. Licensee shall comply with and assume responsibility for compliance with this provision by its employees.

6 J. Hazardous Conditions.

Licensee shall be responsible for identification, prevention of, and/or clean-up of unsanitary or hazardous conditions that are dangerous to anyone using the food facility. This shall include any employee, agent, or representative of Licensee, Federal employee, or other patrons of the food service facility and shall be applicable to any portion of the facility that is under the jurisdiction of Licensee.

1) Hazardous Conditions: Licensee is responsible for identifying any hazardous conditions that may develop in the space assigned to him/her, and shall immediately notify the FM of the condition. The Government does not warrant or guarantee that no other possible safety hazards exist.

2) Compliance with OSHA: Compliance with the Occupational Safety and Health Act and other applicable laws and regulations for the protection of Licensee employees and sub-Licensee employees performing the requirements defined in this specification is exclusively the obligation of Licensee. The Government will assume no liability or responsibility for Licensee’s compliance or noncompliance with such requirements.

6 K. Liability.

The Government will not be responsible in any way for damage or loss caused by fire, theft, accident, or otherwise to Licensee’s stored supplies, materials, or equipment, or the employees' personal belongings. Any personal injury or physical damage to the building or equipment resulting from fire or other causes shall be reported to the FM immediately.

6 L. Occupant Emergency Program.

Licensee shall notify the respective Building Fire Command Station, in the event of fire. All of Licensee’s employees shall be organized and trained to participate in Fire and Shelter in Place (SIP) drills, including the

17 - 7/5/22 reporting of fires. This shall be accomplished with the cooperation of the FM and the use of the Occupant Emergency Plan, a self-protection plan developed in accordance with GSA guidelines. A copy of this plan is available in the Building Manager’s office.

6 M. Information Access.

The General Services Administration (GSA) or its duly-authorized representative shall, until the longer of (a) three (3) years after the term of this License, or (b) the period required by law, have access to, and the right to examine, any documents, books, papers, and records involving transactions related to this License.

7. Responsibilities of the Government.

7 A. License to Operate the Facility.

The Government agrees to grant to Licensee, for the stipulated period, and subject to the agreement and conditions herein, the right to: Establish food service facilities at the: Thurgood Marshall Courthouse, 40 Foley Square., and the Daniel Patrick Moynihan Courthouse, 500 Pearl St., New York, NY 10007, as described herein and in connection therewith to prepare and sell food, nonalcoholic beverages, and such other products as the Government may authorize.

7 B. Space.

At the beginning of the License period, the Government will provide space for operations under the agreement, as indicated, and thereafter such space as it may deem necessary or desirable. The Government will provide adequate ingress and egress, including a reasonable use of existing elevators, corridors, passageways, driveways, and loading platforms. The Government will, as it deems necessary, provide space heating, space lighting, ventilation, utilities, and an Integrated Pest Management program. In addition:

1) The Government will make improvements and alterations as deemed necessary to prepare or recondition assigned space for its intended purpose, including improvements and alterations necessary to conform to applicable sanitary requirements.

2) The Government will maintain and repair building structure in areas assigned for Licensee’s use, including painting, maintenance of gas, water, steam, sewer, and electrical lines, main building ventilation, and life safety systems (including the exhaust hood fire suppression system). The Government will maintain the electrical lighting fixtures (including relamping ceiling lamps, excluding lamps inside the refrigerators and kitchen equipment); floors and floor coverings; and walls and ceilings.

Licensee shall bear the expense of repairs necessary because of negligence on the part of Licensee or Licensee’s employees.

3) At its own expense, the Government shall provide, install, and permit Licensee to use the equipment listed and additional equipment of a similar type when required for expansion approved by the FM or RCM. Equipment no longer needed for the food operations may be withdrawn by the FM or RCM. The Government will replace equipment which it has provided, as it deems necessary, subject to adequate maintenance and repair of equipment by Licensee as required in Section 6, Responsibilities of Licensee.

7 C. Government-Owned/-Furnished Equipment.

The Government will furnish for Licensee’s use equipment which may include the following: See EXHIBIT

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7A.

8. Phase-In Period.

The Government/Licensee shall provide transition startup services prior to the License start date to assist transitioning between Licensees, if applicable, and address technical needs.

The purpose of this phase-in period is to permit a transition that is seamless to the tenants and to assess the condition of the cafeteria and incomplete maintenance work at the time of Licensee transition. During this period, the Licensee must:

1) Present any equipment specifications for GSA approval, renovation/facility change needs and plans to the GSA Building Manager for approval and coordinate all work to install and hook up Licensee equipment and test functionality;

2) Develop a preventative maintenance plan. Licensee is responsible for all Licensee equipment related repairs and maintenance;

3) Inspect the condition of all equipment or which Licensee will assume responsibility for;

4) Review equipment inventory information;

5) Develop the initial deficiency list report; and

6) Provide the Government with a list of equipment/utensils it will provide.

The new Licensee is encouraged to cooperate and observe the operations of the operator phasing out, for a requested minimum of 10 working days, to the extent feasible.

Licensee and the FM must make a complete and systematic initial inspection during the startup phase of the new license to include an inspection of the major and minor equipment for which maintenance and repairs are covered by this Statement of Work.