Food_Services SOW Draft 11.10.docx

STATEMENT OF WORK

Draft

Food Services

11/10/2022

Table of Contents

i

2.0 Definitions

a. The words "provider", "operator", and "contractor" must be considered to be synonymous with each other, as are the words "contract" and "agreement".

b. The term "basic food service required" means that an appropriate selection of foods, as determined by mutual agreement between the provider and the Contracting Officer, is provided for breakfast, lunch, evening meals if so offered, and between meal breaks.

c. "Gross receipts" means the total amount received, realized by or accruing to the provider from all sales, for cash or credit, of services, materials or other merchandise, made pursuant to the privileges authorized by this agreement, rendered at or from the various facilities. All revenue will be deemed to be received at the time of determination of the amount due the provider for each transaction, whether cash or credit, and not at the time of billing or payment, unless otherwise specifically stated in this agreement. Any taxes imposed by law must be separately stated and paid by the customer, and directly payable to the taxing authority by the provider and will be excluded from the gross receipts. The value of meals served to provider employees as part of the job benefits will also be excluded from gross receipts

3.0 Facilities To Be Operated

a. The provider will establish and operate in the provider's name, the Government-furnished foodservice facilities as described in subparagraphs (1) and (2) below, for the purpose of dispensing food, nonalcoholic beverages, and such other items/services as may be authorized by the Contracting Officer (CO). The building numbers listed correspond to the building location as noted on the attached Aeronautical Center Location Map. The number and specific type of facilities to be operated will be determined by mutual agreement between the provider and the CO, except for those facilities noted as "basic food service required".

b. In addition to the above food facilities, the provider may establish and operate an innovative distribution system whereby food, nonalcoholic beverages, and such other items/services may be authorized by the CO, are made available to the widest possible population throughout the campus complex. Examples of such systems include on- site catering; limited campus-wide delivery service of selected food court offerings; mobile facilities; pre-prepared microwaveable meals for second and third shift employees; etc.

c. The provider may, as determined viable by mutual agreement between the provider and the CO, establish and operate in the provider's name, other employee services. Examples of such other employee services that may be considered include end-of-day and evening take-out service of pre-prepared meals, etc.

d. The provider may, as determined viable by mutual agreement between the provider and the CO, establish and operate in the provider's name, other innovative partnership arrangements with other organizations, both public and private, that would directly contribute to the overall creation of a world class employee/food services operation at the MMAC. Examples of such arrangements might include providing food services for the on-site MMAC day care facility; working with the on-site MMAC fitness center to promote the health and welfare of Center patrons; working with local colleges universities, vo-techs, and other institutions to provide learning opportunities in exchange for resources to support the employee/food services provided at the Center; etc.

e. The provider will, working in partnership with the FAA, provide advice, counsel, and recommendations on all matters related to achieving the world class employee/food services called for herein. This includes recommendations on equipment, layout of each facility, motifs, themes, decor, etc.

4.0 Hours of Operation

a. The provider will operate the various facilities as outlined below. The actual hours of operations will be determined by mutual agreement between the provider and the CO. No food services will be provided on Saturday or Sunday.

a. ARB Large Facility (Bldg. 22) - This facility will maintain operating hours and provide services from 7:00 am to 1:30 pm.

b. TSF Facility (Bldg. 215) – This facility will maintain operating hours and provide services from 7:00 am to 1:30 pm unless by mutual agreement between the provider and the CO/COR.

c. Headquarters Facility (Bldg. 1) - This facility will maintain operating hours and provide services as determined viable by mutual agreement between the provider and the CO.

b. All locations have adjoining seating areas that will remain continuously open for employees use for breaks during normal business hours.

c. Hours and types of service may be changed by mutual agreement between the provider and the CO (e.g night food services). ln all instances, adequate notice of changes will be given, Center-wide, to allow fulfillment of labor management contract responsibilities and to notify employees.

5.0 Responsibilities of the Provider

a. The provider will provide prompt, efficient, and courteous service, and avoid undue interference with the operation of buildings in which services are provided. Licenses and permits will be obtained as required by State and local authorities, and all applicable building, health, sanitary, and other regulations and laws will be observed. The provider will employ sufficient and suitable personnel, secure and maintain insurance, maintain records, submit reports, and observe other requirements of this agreement, as set forth herein. The provider will pay all fees, cost, or charges incident to or resulting from operations under the agreement. Reasonable care will be exercised in the use, of space and Government-owned-equipment and, upon termination of the agreement, the provider will yield such space and equipment in as good condition as when received, except for ordinary wear and tear, and damage or destruction beyond the providers control and not due to the providers fault or negligence.

b. Menus - The provider will maintain menu rotations, tailored accordingly for each facility's unique needs, as mutually agreed to by the provider and the CO. The provider will meet business and industry standards of quality and nutrition, and comply with and support the 2000 and all subsequent revisions of U.S. Dietary Guidelines for American (i.e., offer foods low in total fat, saturated fat, cholesterol, sodium, sugar; such as lean meats, low-fat dairy products, vegetables, fruits and grain products). The provider is encouraged to use only vegetable oils low in saturated fats and in minimal amounts in their recipes, and in deep frying, pan frying, grill frying and baking. The presentation of food, in the various facilities, will be consistent with food service industry standards for comparable commercial facilities. The provider will work with the CO and designated representatives to discuss mutual objectives, including but not limited to service levels, menus, marketing strategies, etc.

1. Periodically, as requested, the provider will furnish to the CO the menu rotations with the individual suggested prices and portions for each item. Changes to the menus, prices or portions will be coordinated with the CO in advance of the changes.

2. The provider must make all reasonable efforts to adhere to the food costs ranges submitted in their proposal. The CO or authorized representative may examine the provider's food, labor, and other costs to ensure the adequacy of the provider's cost control procedures.

3. Easy-to-read menus with prices listed will be prominently displayed for the information of patrons. Any desired advertising/marketing, to be conducted outside of the individual facilities premises, will be as mutually agreed to by the provider and the CO.

4. The Government reserves the sole right to determine and control the nature and type of merchandise and services which may be sold or furnished by the provider. If the provider refuses or fails, within 48 hours after receipt of written notice from the CO, to discontinue the sale of any product or service which the Government determines should not be dispensed, or if the Government is forced to take repeated and frequent demands upon the provider to cease the sale of such products or services, such action can be cause for termination of this agreement in accordance with the clause titled "Termination".

c. All required equipment and smallware not furnished by the Government under the provisions of Clause XX, Government Furnished Facilities, Equipment, Utilities, and Services, will be furnished by the provider who will replace such equipment and smallware when necessary, because of loss, wear, breakage, or obsolescence. Equipment and smallware furnished by the provider will be a quality in keeping with that of commercial industry standards and will meet EPA and U.S. Department of Energy’s joint EnergyStar" certification (http://www.energystar.gov). The provider will furnish a list of all the proposed equipment and smallware or general categories of equipment and smallware that they intend to furnish.

1. A physical inventory, item priced, will be made of all equipment furnished by the provider. An approved copy signed by the CO or authorized representative will be filed with the agreement.

2. All items furnished by the provider will be subject to approval by the Government.

3. The provider will obtain prior written approval of the CO or authorized representative, as to location and means of attachment, before installing any equipment, connecting any electrical, gas, or water-using equipment, or attaching shelving or other major fixtures.

4. Upon the expiration or termination of this agreement, the provider agrees to offer for sale to the Government or successor provider, all equipment and smallwares furnished by the provider under this agreement for an amount equal to the salvage value plus any unamortized costs. The Government will not be liable for such costs in the event it decides not to exercise its option to purchase or arrange for purchase of the aforementioned equipment and smallware.

5. All paper products furnished by the provider must be from 100% recycled material. All non-paper disposable products furnished by the provider, such as disposable cutlery, must be designated as Bio Preferred by the U.S. Department of Agriculture (http://www.biopreferred.gov). Products that fall under the Environmental Protection Agency (EPA) Comprehensive Procurement Guidelines (CPG) (http://www.epa.gov/cpg) must meet the minimum recovered (recycled) content levels.

d. The provider will serve tasty, appetizing, and quality food, under clean and sanitary conditions in accordance with the provisions and recommendations contained in the Food Service Manual, Public Health Service, Publication No. (FDA) 78-2081. All foods served will be wholesome and free from spoilage, free from adulteration and misbranding, and safe for human consumption. Uncooked items, such as fresh fruits, will be clean and free from blemish. All foods will, when served, be attractive in appearance and correct in temperature and consistency. They will be crisp, moist, dry, tender, etc., as may be appropriate in each case.

1. All employees assigned by the provider, to perform work under this agreement, will be physically able to do their assigned work and will be free from communicable diseases. The Food Service Sanitation Manual, Public Health Service Publication No. (FDA) 78-2081, and all local codes and regulations relating to food service sanitation and procedures will be adhered to by the provider.

2. The provider will submit with its offer a comprehensive health and sanitation plan that will e evaluated by the Government and, assuming it is determined to be acceptable, will become a part of this agreement.

e. The provider will employee sufficient personnel to maintain sanitary conditions and satisfactory service which will ensure prompt and efficient service at all times. All employees will be sober, conscientious, neat and courteous. The provider must at all times provider an adequate staff of employees to perform the varied and essential duties inherent to a successful world class employee/food service operation.

1. The provider is required to furnish a professional, full-time, qualified employee/food service person to act as manager of all facilities. The manager will be subject to the approval of the Government. At a minimum, the manager will have had two years consecutive experience in a position of comparable responsibility. The provider's manager will be delegated the authority, and will be able to effectively manage the day-to-day operation of the various facilities relative to supervision of personnel and training, menu planning, purchasing, cost control, sanitation, etc. The manager must be onsite at all times that the facilities are open, for the duration of this agreement. The provider's manager will be replaced on 30 days’ notice, upon request of the CO for operational deficiencies determined to be a result of inferior direct management. A management representative of the provider, other than the onsite manager, will periodically visit all facilities, at times agreed upon by the Government and the provider, for general supervisory purposes.

2. The provider's employees will wear appropriate distinctive clothing such as blouse, shirt, or other uniform as means of identification during the time they are working in a facility. Legible name badges, identifying each employee, will be furnished by the provider and displayed as part of the uniform.

3. The provider must provide adequate, trained relief personnel to substitute for the regular employees when they are absent in order that a high-quality employee/food service operation will be maintained at all times.

4. The provider will require 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.

5. The provider is required to maintain an employee-training program that will continue for the duration of this agreement and any extensions thereof, to ensure that employees perform their jobs with the highest standards of courtesy, efficiency and sanitation.

6. All articles found by the provider, the provider's employees, or by patrons and given to the provider will be turned in to the designated point for lost and found items.

f. The provider will maintain an effective integrated pest management (IPM) program for the extermination of rodents, insects, bugs, and vermin through the least toxic methods in all areas assigned for the provider's use and will coordinate these efforts with the CO or authorized representative.

g. The provider will be responsible for all costs, for any equipment's they furnish, required adjusting, repairing, and continuously maintaining, in a satisfactory condition. The Government will be responsible for these same costs, for all Government furnished equipment.

1. The provider will promptly perform these repairs, whenever required. Repairs on equipment covered by a warranty or guarantee agreement will not be initiated without the prior approval of the CO or authorized representative.

2. The provider will report any items that the estimated repair costs are determined to be uneconomically feasible.

3. The provider will maintain a preventive maintenance program on all equipment.

4. Failure of the provider to perform preventive maintenance on the equipment may result in the Government providing the services and/or obtaining the services of a recognized maintenance company, and in either case, billing the provider for the costs of such services.

h. The provider agrees to furnish all labor, supplies, materials, equipment, and supervision necessary to maintain the various facilities in a clean, orderly, and sanitary condition at all times.

1. The provider will furnish custodial services for the space assigned within each facility. This includes lunchrooms, kitchens, stockrooms, restrooms, locker rooms, offices, dock areas, and nay other such areas used for the food service operations including window cleaning services, cleaning of floors and rugs, cleaning of tables, chairs, and other such services as required to keep all areas assigned and used by the provider in a safe hygienic working condition.

2. The provider will be responsible for cleaning all food service equipment, systems, and vent hoods, excluding the vent hood fire protection equipment. This will include cleaning all hoods and duct systems from the grill to the exit of the building on the roof or out of the wall. Maintenance and cleaning of duct systems will be such that it meets operational, standard commercial practices, safety, and health requirements.

3. In accordance with EO 13514, FAA is required to divert from landfill or incineration facility disposal a minimum of 50% of the non-hazardous waste generated as a result of its operations. In support of meeting this requirement, the Contractor must divert from landfill or incineration facility disposal a minimum of 50% of the non-hazardous waste generated as a result of the Contractor’s work, to the maximum extent feasible. The provider will develop and operate, at its own expense, a comprehensive recycling program in all facilities. Items to be recycled include food waste, recyclable plastic, cans, glass, cardboard, paper, and grease. The Contractor must report non-hazardous waste diversion rates on a regular basis [refer to Solid Waste and Recycling DID].

4. The provider will clean and maintain all grease traps to the point of entrance into the sewer system. In addition, the provider will be responsible for arranging and paying for commercial services associated with the storage, recycling/repurposing, and disposal of all grease products.

5. The provider will pay for all repairs to Government-furnished building structures and facilities necessitated by his own negligence, or the negligence of his agents, employees or vendors.

6. Failure of the provider to keep any of the facilities in a clean, orderly, and sanitary condition, satisfactory to the CO or authorized representative, may result in the Government providing the services and/or obtaining the services of a recognized janitorial company, and in either case, billing the provider for the cost of such services.

i. The provider will not:

1. Keep, sell, or dispense, on Government premises, any beverage having any alcoholic content.

2. Remove any Government-owned equipment (except for repair and after notice to the CO or authorized representative);

3. Use the premises furnished by the Government to prepare foods or beverages for sale at any location outside of the Aeronautical Center; except as approved by the CO or authorized representative.

4. Install or operate any automatic vending equipment. Vending equipment must be EnergyStar certified.

5. Use any of these facilities in its advertising, or state or imply Government endorsement of its business.

6. Accept as patrons any persons who are not employees, students, official visitors at the Aeronautical Center, or guest of such persons, when acceptance of such patrons would adversely affect the service to be provided hereunder as determined by the CO or authorized representative.

7. Interfere unduly with the Government's activities in the buildings wherein the provider is serving foods; except as permitted by the CO or authorized representative.

j. The Government will not be responsible in any way for damage or loss occasioned by fire, theft, accident, or otherwise to the provider'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 will be immediately reported to the CO or authorized representative.

6.0 GOVERNMENT FURNISHED FACILITIES, EQUIPMENT, UTILITIES, and SERVICES

a. The Government will provide food service facilities as specified in this agreement and such other space, as it deems necessary or desirable.

1. Except as otherwise specified, the Government will maintain and repair the facilities and may alter, recondition, or improve the space consistent with its intended purpose, or as necessary to conform to applicable health or sanitary requirements.

2. The Government will provide all services associated with redecorating the facilities, as agreed to by the provider and the Government, such as painting, flooring, etc.

3. If, for the reason of redecorating or renovation, any of the facilities are closed, the provider will be given a minimum of 30 days advance notice.

b. The Government will furnish and install equipment, not otherwise furnished by the provider, for use in the food service operations, assuming funds are available.

1. Upon the termination of this agreement, all Government-owned equipment will be returned to the Government in as good as condition as when received, except for ordinary wear and tear.

2. The Government will furnish kitchen utensils, flatware, pots, pans, trays plates, tables and chairs, etc., not otherwise furnished by the provider, and the provider will replace broken and worn-out items.

3. A physical inventory of the actual property and expendables to be initially furnished and installed (as appropriate) by the Government for use in the food services operations, will be jointly agreed upon by the provider and the CO or authorized representative. Transfer of the accountability to the provider for such initial inventory will be evidence by FAA Form 4650-12, Material Requisition/Issue/Receipt, executed by the provider. Changes, additions, and deletions to the initial inventory will be documented by use of this same form, or successor forms, executed by both the provider and the Government's assigned property administrator.

c. The Government will provide gas, water, sewer, electricity (including lighting and re-lamping, but excluding heat lamps), air conditioning, and heating necessary for all of the food service facilities. Utilities will be provided to the point of connection or point of outlet, as appropriate. The Government will pay all costs of utilities. The provider will be responsible for all costs associated with telephone service.

d. The Government will provide services as follows:

7.0 EXCLUSIVITY OF CATERING OPPORTUNITIES

a. The FAA will make its best efforts to ensure that the provider has the exclusive opportunity to furnish catering services at the MMAC, provided the prices are reasonable and customary for the surrounding area. Further, the provider agrees to set pricing at the commencement of the agreement and upon each anniversary date with the mutual agreement of the FAA. All catering services and pricing will be documented in some form of a catering guide.

b. The FAA reserves the right to acquire outside catering services in those instances where the provider is unable to otherwise furnish the services due to scheduling conflicts or other business considerations. In addition, nothing in this provision is intended to prohibit or otherwise restrict employees, students, and/or contractor personnel from bringing in food and beverages for personal consumption or in conjunction with a "covered dish" style office event.

c. Nothing in this clause creates or confers upon the provider a right to assert a claim for damages against the FAA, any of its organizations, employees or agents. The implementation of the provisions of this clause is exempt from the contract clause titled "Disputes". The sole remedy available to the provider under this clause must be to request the promised best efforts by management at the MMAC to ensure the exclusive right promised herein.