Ft. Drum FB RFP NAFIB9-20-R-0010.pdf

REQUEST FOR PROPOSAL

(RFP) NAFIB9-20-R-0010

Food and Beverage Concession

Fort Drum, NY

NAFIB9-20-R-0010

SOLICITATION, OFFER AND AWARD

(Nonappropriated Funds)

4. SOLICITATION TYPE2. CONTRACT NO. 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder"

NEGOTIATED BID (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. No appropriated funds of the United States shall become due or paid the contractor by reason of this solicitation / award

PAGE OF PAGES

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C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL

CAUTION: LATE Submissions, Modifications and Withdrawals: See Section L. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTR., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

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M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICE/COST

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

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SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Prompt Payment Provisions)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _________60_____ calendar days (60 calendar days unless a different period is inserted

NOTE: Item 12 does not apply if the solicitation includes the provisions at Section L., Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on DA Form 4071, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. Nonappropriated Fund Instrumentality

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE

24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

21. ACCOUNTING DATA20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by NAFI)

CODE

PRFG1-RQ-20-20-000103/29/2021

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Department of the Army IMCOM NAF Contracting JBSA-FSH Office supporting IMCOM-Readiness On Behalf Of Enterprise Fund 2455 Reynolds Road JBSA Fort Sam Houston, TX 78234-7588 USA

1500 CT 04/28/2021

Raul L. Glover 210 raul.l.glover.naf@mail.mi l466-1705

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PAGE(S)

Jessica M. Ruiz

DA FORM 4069, NOV 04

For use of this form see AR 215-4;

the proponent agency is OACSIM

Ft. Drum Food and Beverage Concession

SECTION B

SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 GENERAL

This Request for Proposal (RFP) is issued on behalf of Fort Drum, NY Family, Morale, Welfare, and Recreation (FMWR), a Non-appropriated Fund instrumentality (NAFI) of the Installation Management Command (IMCOM ) Directorate – Readiness hereafter known as the “NAFI,” to manage and operate the Commons Community Club’s dining and beverage facility on a concession basis during a one-year base period and four one-year option periods.

The Concessionaire shall furnish all labor, materials, transportation, and supervision necessary to successfully manage and operate the Commons Community Club, a full-service casual dining and beverage operation servicing authorized patrons of Fort Drum, NY, in accordance with the specifications set forth in this RFP.

B.2 FEE SCHEDULE

The Concessionaire shall pay the NAFI a FLAT-FEE each month. Payment shall be made via Electronic Funds Transfer (EFT) on the fifth (5th) day of each month for the prior month’s operations.

MONTHLY FLAT FEE TO OPERATE CONCESSION AT THE COMMONS COMMUNTIY CLUB (BLDG. 4350)

CLIN

DESCRIPTION

FLAT FEE TO BE PAID TO THE NAFI BY THE

CONCESSIONAIRE EACH MONTH

BASE PERIOD

05 May 2021 – 04 May 2022

$ _ MO

($4,000.00 desired monthly minimum)

FIRST OPTION

05 May 2022 – 04 May 2023

($5,500.00 desired monthly

SECOND OPTION

05 May 2023 – 04 May2024

($7,000.00 desired monthly

THIRD OPTION

05 May 2024 – 04 May 2025

($8,500.00 desired monthly

FOURTH OPTION

05 May 2025 – 04 May 2026

($10,000.00 desired monthly

B.3 TIME FRAME

Calendar days required to implement Concessionaire Services, after a Notice to Proceed (NTP) is issued.

DAYS

who generate them. These funds are separate and apart from funds that are recorded in the books of the Treasurer of the United States.

(5) Concessionaire/Concessionaire. The person or entity who has been awarded the contract to provide services described in the resulting contract.

(6) Eligible Patrons. Individuals authorized to obtain and purchase services from the NAFI. Generally, this includes military personnel on active duty, members of the Reserve Component (active and inactive Reservists, National Guard, and ROTC personnel while they are in a training status), retired personnel, DOD civilian employees, the family members for each category of user, and guests at Fort Drum, NY.

(7) Government. “Government” or “entity of the Government” means any entity of the legislative or judicial branch, any executive agency, military department, Government Corporation, or independent establishment, the U. S. Postal Service, or any nonappropriated fund instrumentality of the Armed Forces. Under this contract, the term “Government” shall generally refer to the NAFI or Fund. The term may also refer to other Federal Agencies having jurisdiction under this contract.

(8) Offeror. The person or entity submitting a proposal in response to the Request for

Proposal (RFP). After the contract is awarded this term will refer to the person or entity that was awarded the contract as the Concessionaire or Concessionaire.

(9) Quality Assurance. Those actions taken by the NAFI to check Concessionaire’s Quality Control methods to determine they meet the requirements of this contract.

(10) Quality Control. Those actions taken by the Concessionaire to ensure that the services are performed according to the terms and conditions of the contract.

(11) FY. Means “fiscal year” and refers to the operating year October 1 through September

30.

(12) Maintenance. The work required to preserve and maintain a real property facility or piece of equipment in such condition that it may be effectively used for its designated functional purpose. Maintenance includes work done to prevent damage that would be more costly to restore than to prevent. Renovation and Repair. Unless indicated otherwise, work performed in this category after the initial build-out is the responsibility of the CONCESSIONAIRE and includes the following: (a) Restoration of a real property facility to such condition that it may be effectively used for its designated functional purpose. Repair may include overhaul, reprocessing, or replacement of deteriorated components or materials. (b) Correction of deficiencies in failed or failing components of existing equipment or systems to meet current standards and codes where such work, for reasons of economy, shall be done concurrently with restoration of failed or failing components. Corrective work may involve incidental increases in quantities or capacities. Replacement parts of materials that are more durable and provide longer life may be substituted for original parts and materials. The intent is to provide the most durable, energy efficient, low maintenance, cost effective repairs. (c) Major work required to restore a generally deteriorated facility to such a condition that it may be effectively used for its designated purpose. Such an undertaking may include relocation or reconfiguration of building components such as partitions, windows and doors, incidental to repair or replacement. In case of failed or failing systems, such an undertaking may also incorporate additional components, if based on good engineering practice, to permit efficient and safe use of the replacement system. Repair does not include increases in quantities of components for functional reasons, nor extension of utilities or protective systems to areas not previously served. An increase in quantities of components for functional reasons, area served by utilities or protective systems, or exterior building dimensions, is construction.

(13) Real Property. Lands and improvements to land, buildings, and facilities, including improvements and additions, and utilities systems. It includes equipment affixed and built into the facility as an integral part of the facility (such as heating systems), but not movable equipment (such as plant equipment). Real property is divided into the four basic classes for accounting purposes. They include land; improvements to land;

buildings and facilities (including installed building equipment); and utility distribution and sanitary systems.

C.3 CONCESSIONAIRE RESPONSIBILITIES

A. The Concessionaire shall furnish all labor, materials, transportation, and supervision necessary to successfully manage the Commons Community Club, a full-service casual dining and beverage operation servicing authorized patrons of Fort Drum.

B. The Concessionaire shall maintain facility operations Monday through Friday, 11:00 AM through 8:00 PM for lunch and dinner. Restaurant operations on Saturday and Sunday are at the discretion of the Concessionaire. Concessionaire may open facility for additional hours, with Contracting Officer Representative (COR) approval. The COR will forward a Garrison Commander approved, 30-day calendar of scheduled training events by the third day of the month to Concessionaire in order to schedule additional hours of operation.

C. The Concessionaire shall commence occupation and operation at Bldg. 4350 on the date specified in the Notice to Proceed, issued by the Contracting Officer.

D. The Concessionaire shall maintain a liquor license.

E. The Concessionaire shall maintain all requisite insurance policies and shall provide up-to-date certificates of insurance to the Contracting Officer.

F. The Concessionaire shall comply with TB Medical 530: Occupational and Environmental Health and Food Sanitation.

G. The Concessionaire shall accept valid cash valid checks, debit and credit cards acceptable in the industry from authorized patrons per Army Regulations and Policies.

H. The Concessionaire shall meet monthly for the first quarter and then meet quarterly with the

COR to discuss the Concessionaire’s operations and contract performance.

I. The Concessionaire shall provide advertising material to promote the operation. Any material used shall be approved by the Contracting Office, and agreed upon by both parties.

J. The Concessionaire shall stock supplies in sufficient quantities to ensure uninterrupted operation of the concession. These supplies shall include raw food supplies, paper supplies, sanitation supplies, and work station equipment necessary to perform the requested services.

K. The Concessionaire must obtain all permits, give all necessary notices, pay license fees, and comply with all municipal county, state, and national laws, rules, ordinances, and regulations applicable to the business carried out under this contract at Concessionaire’s own expense.

The Concessionaire must assume complete and sole liability for all applicable federal, state, county, and local taxes.

L. CONCESSIONAIRE shall post the pricing of all menu items available in a conspicuous place. The Contracting Officer and the COR will coordinate any price adjustments with the

CONCESSIONAIRE

C.4 NAFI-FURNISHED PROPERTY, FACILITIES, SUPPLIES, SERVICES

A. NAFI-FURNISHED PROPERTY AND EQUIPMENT:

(1) The NAFI will provide space in Building 4350 to accommodate the Concessionaire’s provision of services. The NAFI will make available for use by the Concessionaire certain existing, Government and NAFI-owned property and equipment, to include a full kitchen, accompanied by standard industry kitchen equipment. Reference Attachment J-1 for list of Government and NAFI-owned property and equipment. ** Note: All three freezers are in working condition however the main freezer needs repair and if required the government will provide a main freezer for concessionaire use until repairs are completed. All Government and NAFI-owned property and equipment is provided for Concessionaire use “As Is”.

(2) The Concessionaire shall use NAFI-furnished property provided in this section only for the performance of obligations under this contract. The Concessionaire may use NAFI-owned property and equipment for off-site catering, but only in conjunction with performance of obligations under this contract.

B. PROPERTY INVENTORY:

(1) A complete inventory of all Government and NAFI-owned property provided under this contract shall be conducted by the COR and the Concessionaire upon contract award.

During the inventory, both parties will catalogue all Government owned property and equipment to be supplied to the Concessionaire for use under this contract, as well as the condition all such property and equipment.

(2) The Concessionaire shall submit a hand receipt on DA Form 2062, acknowledging the transfer of Government owned property and equipment to the Concessionaire.

(3) The Concessionaire shall establish and maintain adequate control records for all Government owned property and equipment furnished for Concessionaire use under this contract. Upon completion or termination of the contract, the Concessionaire shall transfer control of all Government owned property and equipment, furnished under this contract, to the incoming Concessionaire, or to the NAFI, in the same condition as it was received, with reasonable wear excepted.

C. RESPONSIBILITY FOR REPAIR/MAINTENANCE OF NAFI EQUIPMENT: Upon its transfer into Concessionaire custody or control, the Concessionaire shall be directly accountable and responsible for all Government owned property and equipment furnished under this contract.

(1) If the Government owned property and equipment requires repair, the Concessionaire shall notify the COR as soon as practicable. The Concessionaire shall coordinate to schedule all required repairs for the Government owned property and equipment with the COR.

(2) If the Government owned property and equipment requires maintenance, the Concessionaire shall bear responsibility for all maintenance of Government owned property and equipment.

(3) CONCESSIONAIRE PROVIDED EQUIPMENT: The Concessionaire may install movable additional electrical equipment based on availability of adequate electrical support, but only upon written approval of the COR. All equipment that has been purchased by the

Concessionaire will remain the property of the Concessionaire. The Concessionaire shall be responsible for the maintenance, repair and replacement of any Concessionaire-furnished property or equipment.

C.5 UTILITIES

A. For so long as the NAFI is not billed for utilities in use at Bldg. 4350, the NAFI will provide the use of utilities to the Concessionaire, at no additional cost, for any efforts taken in the performance of obligations under this contract. All utilities cost shall be the responsibility of the Department of Public Works (DPW). Upon a change of responsibility from DPW to the NAFI for cost of utilities, the COR shall give the Concessionaire a 30-day notification in the change of utility cost responsibility over to the Concessionaire.

The NAFI will provide one standard government telephone line for use by the Concessionaire, in performance of obligations under this contract. The Concessionaire will be permitted to make local distance calls, at no additional expense. However, the Concessionaire shall be fiscally responsible for all long-distance calls made by the Concessionaire or Concessionaire employees and patrons.

B. Apart from those utilities previously mentioned as provided by the NAFI at no additional cost to the Concessionaire, the Concessionaire shall obtain and maintain any utility services required to run and operate additional telephone lines, cable TV, credit card devices, catering software and other services required in the operation of the facility, at their own expense. The Concessionaire shall also be responsible for the repair and maintenance of any Concessionaire-installed utilities.

C. The Concessionaire shall meet all regulations and post policies governing any all utilities used in performance of obligations under this contract.

C.6 FACILITY MAINTENANCE

A. The Concessionaire is responsible for cleaning and stocking all Government owned property provided under this contract. The Concessionaire shall coordinate a detailed cleaning schedule with the COR, upon award. Applicable NAFI-owned property provided under this contract shall include:

(1) Kitchen for daily operations and catered events with: a walk-in refrigeration/freezer; an independent loading dock; an administrative area; an industrial dishwashing room; and adequate dry goods storage space.

(2) Dining room for daily operations with a separate banquet area for catered and special events;

(3) Full service bar area

(4) All restrooms

B. The Concessionaire shall not make any additions or changes to any NAFI-provided space or facility without the approval of the COR and Contracting Office. Renovations/alterations to the building shall be coordinated with the COR, who will instruct the Concessionaire on requirements necessary for approval. All renovations/alterations shall be at the Concessionaire’s expense, and must be superficial in nature. Major renovations shall not be authorized.

C. The Concessionaire shall be liable for damage to the premises and equipment resulting from any and all acts or omissions of Concessionaire, Concessionaire’s employees, or agents. The NAFI may inspect the premises at any time. In addition, the Concessionaire may be subject to random, unannounced inspections by Government and State agencies, to include, but not limited to OSHA and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

D. The Concessionaire shall keep the premises and all equipment clean, orderly, secure, sanitary, and in proper working condition. Concessionaire shall comply with all installation safety and security regulations, as well as any applicable health, sanitation, and environmental protection regulations, as outlined in Army Regulation 40-5, Army Regulation 40-65 and Technical Bulletin

(TB MED) 530.

E. Neither the United States Government nor the NAFI will be responsible for any damage or loss of the Concessionaire’s property due to theft or vandalism.

F. NAFI will provide all necessary regulations and policies applicable to this Contract upon Concessionaire request.

C.7 HEALTH AND SAFETY STANDARDS

A. The Concessionaire, and any and all Concessionaire employees serving food and/or alcoholic beverages, shall be trained in Food Service Sanitation and/or Responsible Alcohol Service, available through the National Restaurant Association (ServSafe), within 30 days of hire. The Concessionaire bears any cost to complete the required ServSafe training.

B. The Concessionaire shall meet and maintain the required health and sanitation standards of TB

MED 530. The Concessionaire shall be subject to pre-operation and periodic unannounced sanitation inspections by Preventive Medicine personnel. Preventive Medicine personnel are not required to notify the COR, or any other office, prior to inspection. Preventive Medicine will have the authority to cease or change concession operations after any unsatisfactory inspection that reveals an immediate health hazard to customers, or after repeated sanitation deficiencies during sanitation inspections. The NAFI will not be liable for loss of revenue arising from Concessionaire’s failure to pass inspections.

C. Fire Prevention: The Concessionaire shall adhere to any and all fire prevention policies established by Federal, State, county, local government laws, regulations, and policies. The Concessionaire shall ensure the facilities under their control comply with any and all fire prevention standards and requirements. Any Government or NAFI-owned fire prevention or suppression mechanisms currently in place at the building specified for Concessionaire use under this contract may be used by the Concessionaire, provided that it is catalogued and maintained as any other Government or NAFI-owned property or equipment, furnished under and in accordance with this contract.

C.8 REGULATORY AGENCIES

The Concessionaire shall meet all Preventive Medicine, Safety and Environmental, State, Federal, and Installation Codes, guidelines, regulations and post policies. The Business Operations Division Chief, Installation Safety (OSHA), PM, Installation Environmental and Fire Marshal Offices, as well as State Inspectors, will inspect the Concessionaire periodically. If the Concessionaire fails three (3) repetitive PM inspections, concession operations will be shut down until the Concessionaire passes the PM inspection.

Failure to pass the PM inspection within 30 days of shut down date may result in Termination for Default. If the Concessionaire incurs a fine due to non-compliance, the Concessionaire will be responsible for paying such fine(s). The NAFI shall not pay for such fines.

C.9 PERSONNEL

A. The Concessionaire shall furnish trained and qualified personnel to provide adequate and uninterrupted services in accordance with the obligations set forth in this contract.

Concessionaire personnel shall be trained and hold required certifications (including the requisite 4-hour annual food service training) in accordance with any and all applicable laws, statutes and regulations pertaining to food operation and/or management.

Employment/Personnel Requirements. The Concessionaire shall hire, supervise, direct the work of, discharge, and determine the compensation and other benefits of all personnel working at the facility in accordance with the Service Contract Labor Standards (reference Clause I-15). Reference the controlling wage determination at Attachment J-2.

B. Identification of Concessionaire Personnel. The Concessionaire shall furnish to the Contracting

Office and COR, prior to commencement of work under this contract, a list of all employees who shall perform any obligation under the contract. The list shall include name and address, social security number, date of birth, and identification number.

C. Entry Passes and Identification of Concessionaire Vehicles. Where employment/entry passes may be required, the Concessionaire shall obtain such passes from the COR.

D. Conduct and appearance. The Concessionaire shall establish an employee dress code that is appropriate for casual, full-service food and beverage operations, and shall enforce said dress code during all hours of operation. All employees shall wear name tags/badges while on duty.

Such name tags shall clearly state the name of the Concessionaire and the employee’s name.

All Concessionaire employee personnel shall conduct themselves in a manner that does not reflect unfavorably upon the Installation or the Department of the Army. The Concessionaire shall maintain company policies which guarantee and support a professional appearance for employees, and courteous, efficient service to customers. The Concessionaire shall provide said policies to the Contracting Office within ten (10) calendar days after contract award. The Concessionaire shall ensure that personnel are clean, well groomed, and appropriately dressed for the work required. The Government reserves the right to require removal of a Concessionaire employee from the job site when that employee endangers persons or property, or when continued employment of said employee is inconsistent with military security or mission accomplishment.

E. Alcohol Consumption. The Concessionaire shall ban any employee from working while under the influence of alcohol or controlled substances, set forth in the Attorney General’s Schedule of Controlled Substance (Title 21 Code of Federal Regulations - Part 1308).

F. The Concessionaire shall employ only persons who meet the health standards prescribed by law or Federal regulations, which pertain to the job for which they are hired and who are lawfully living in the United States. The NAFI maintains the right to restrict the concession employment of any person identified as a potential threat to the health, safety, security and general well-being or operational mission of the installation and its population.

G. Equal Employment Opportunities. Federal and State laws governing workers’ compensation, equal employment opportunity and discrimination are applicable and shall be fully enforced.

The NAFI shall incur no obligations or liability for labor disputes, workers’ compensation or resultant litigation.

H. All Concessionaire employees must be able to read, write, and speak English at a fluency level sufficient for performance of all obligations under the contract.

C.10 INTERNAL CONTROLS

A. The Concessionaire shall keep complete and accurate accounting of all transactions.

B. The Concessionaire shall ring up all sales in full view of the customer, and provide every customer a receipt for each transaction.

C. Concessionaire will not leave cash on the premises during non-operational hours, unless it is safeguarded in accordance with AR-215-1, Appendix G.

C.11 ADVERTISING/MARKETING PLAN

The Concessionaire shall be responsible for an advertising/marketing plan. Advertising/Marketing shall be at the expense of the Concessionaire. Any advertisement, including cents-off coupons, which refers to the NAFI, shall contain a statement that the services are Concessionaire operated. Fort Drum Marketing & Advertising must review and approve any advertisements, promotions, and/or coupons, in advance. The Concessionaire will have access to a space, mutually determined by the COR and the DPW, for exterior signage display. The NAFI will support and assist with the distribution of flyers, posters, and other generally acceptable advertising practices.

C.12 CUSTOMER SATISFACTION

The Concessionaire shall establish a customer complaint system. The customer complaint system programs shall be furnished to the COR for approval, after contract award and prior to the assumption of concession operations. Said system must be able to permit Concessionaire resolution of all customer complaints and refunds. COR shall receive a copy of all customer complaints. Claims that cannot be amicably settled between the customer and Concessionaire will be referred to the Contracting Officer for investigation and settlement. Such settlement shall be binding upon the Concessionaire.

C.13 TAXES

The Concessionaire shall assume complete liability for all taxes applicable to this concession operation.

The Concessionaire will not be reimbursed by the NAFI for any direct or indirect tax imposed on it, by reason of this contract or otherwise. When a State Law imposes a sales tax on the item and/or service by the Concessionaire to the customer, the sales tax shall not be included in the posted sale price. However, it will be collected from the customer as required and reported to the appropriate state agency. The Concessionaire shall provide to the NAFI, upon submission of proposal, the Concessionaire’s applicable Taxpayer Identification Number or Employer Identification Number or social Security Number.

C.14 PHYSICAL SECURITY

A. Property/Equipment. The CONCESSIONAIRE shall secure and account for all Government and NAFI property issued. The CONCESSIONAIRE shall be held pecuniary liable for NAFI, Government and/or rental property or equipment destroyed or damaged through the negligence of the CONCESSIONAIRE or one of the CONCESSIONAIRE’s employees.

B. Fire Prevention: The CONCESSIONAIRE shall adhere to fire prevention policies established by Federal, State, county, local government. The CONCESSIONAIRE shall ensure the facilities under this control comply with fire prevention standards and requirements. Fire prevention will be provided by the Installation

SECTION D

PACKAGING AND MARKING

D.1 PRESERVATION, PACKAGING, PACKING AND SHIPPING

All beef, veal, lamb, and pork items shall be packaged in a vacuum process or shall be individually wrapped in a polyurethane wrapping. Commercial cartons shall be used for all boxed items.

D.2 PACKAGING (FOOD PRODUCTS)

Food products ordered shall originate either in an establishment (1) listed in the Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement; or (2) which has been inspected under the guidance of the United States Department of Commerce or the United States Department of Agriculture. Products shipped shall show the date of packing. All food and beverage products shall be identified with readable dates, such as a "use by" date, date of production, date of processing/ pasteurizing, sell by date, or pickup date. For shelf-stable items, open dating is preferred but coding is acceptable. Concessionaires not using open dating shall give the COR and Post Veterinarian at the Installation, a code key explaining actual date of production or processing and original manufacturer. (Reference Section E-3)

D.3 PACKAGING (REFRIGERATED, FROZEN AND DRIED PRODUCTS)

A. Items requiring "Protection from Heat" shall be shipped and stored at a temperature between

50 – 70 degrees Fahrenheit (Dry Storage).

B. Items requiring "Chilled" conditions shall be shipped and stored under refrigeration of 38 to 41 degrees Fahrenheit.

C. Items requiring "Frozen" conditions shall be shipped and stored under refrigeration at 0 degree

Fahrenheit.

D. All fresh poultry items shall be in ice packed cartons or gas flash cartons.

E. All fresh seafood items shall be in ice packed cartons.

F. Frozen products shall be wrapped in polyurethane wrapping.

SECTION E

INSPECTION AND ACCEPTANCE

E.1 ACCEPTANCE OF SERVICES

Acceptance of the services will be made at the destination set forth in Section F.

E.2 INSPECTION OF SERVICES

A. Definition, “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of service.

B. Concessionaire provided services shall be monitored through the use of a customer complaint program. Each user of the Concessionaire’s services will receive instruction on how to report a complaint. The customer complaint program will require the customer to state the nature of the complaint on a Concessionaire provided form. All customer complaints shall be forwarded to the Contracting Officer’s Representative who in turn will send the complaint to the Contracting Officer with a recommendation for corrective action. When, in the opinion of the Contracting Officer, a complaint is validated, the Concessionaire will be required to provide a written course of action to correct the deficiencies.

C. Concessionaire provided services will be continuously monitored through unannounced

Preventive Medicine (PM) sanitation inspections.

D. Preventive Medicine may order Concessionaire personnel to change unsanitary practices or equipment. PM personnel will be required to contact the Concessionaire directly without consent or permission of the Contracting Officer. Inspection reports will be provided by Preventive Medicine, in writing, to the Concessionaire, and a copy will be provided to the Contracting Officer and Director of Morale, Welfare, Recreation and Family Services.

Concessionaire shall notify Contracting Officer or COR before implementing any changes.

E. The Concessionaire shall notify the Preventive Medicine Office (30) days prior to opening for inspection of the operation. Concessionaire shall supply the preventive medicine office with the operational set up of equipment for approval prior to installation.

F. If any of the services do not conform to contract requirements, the NAFI may require the

Concessionaire to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re- performance, the NAFI may-

(1) Require the Concessionaire to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Increase the contract payment to reflect the reduced value of the services performed.

G. If the Concessionaire fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the NAFI may-

(1) By contract or otherwise, perform the services and charge to the Concessionaire any cost incurred by the NAFI that is directly related to the performance of such service in which case the concessionaire shall make full payment WITHIN 30 days of presentation of the finding; or

(2) Terminate the contract for default.

H. Inspection (Delivery Vehicles): The delivery vehicles used to deliver items under this contract shall be subject to inspection at all reasonable times and at all places by the NAFI Representative and/or the Post Veterinarian at the installation receiving the delivery. Supplies transported in vehicles, which are not sanitary, or which are not equipped to maintain prescribed temperatures, may be rejected without further inspection.

E.3 CODED DATA

All manufacturer product code(s) shall be made available upon request and as deemed necessary by the FUND for any/all products delivered under this contract. Coding shall represent the date of production, manufacture or processing or a system may be used representing pickup date. If the latter system is used, the coding key shall clearly explain the actual date of production, manufacture or processing. Failure to supply appropriate coding information may cause the rejection of items to be delivered under this contract.

SECTION F

DELIVERIES OR PERFORMANCE

F.1 PLACE OF PERFORMANCE

Services shall be performed at the Commons Community Club, Building 4350, Fort Drum, NY.

F.2 CONTRACT PERIOD OF PERFORMANCE

The term of this contract, unless sooner terminated, shall be for a one (1) year base period that may be extended for four (4) optional, one-year increments.

F.3 RECOGNIZED HOLIDAYS

Except for work categorized by the COR as an emergency, the Concessionaire shall be closed for business on the following Federal holidays: New Year’s Day, Thanksgiving, and Christmas.

The Concessionaire shall operate the concession on the following holidays: Martin Luther King Day, Memorial Day, Independence Day, Labor Day, President’s Day, Columbus Day and Veteran’s Day.

F.4 TRAINING HOLIDAYS

The facility shall remain open on military training holidays. A list of training holidays can be obtained from the COR.

F.5 PERMITS, TAXES, LICENSES, ORDINANCES AND REGULATIONS

The Concessionaire shall obtain all necessary permits, give all notices, pay all license fees and taxes, comply with all Federal, rules and regulations applicable to the work carried on under this contract, and shall be responsible for all applicable state sales and use tax. Federal immunity is not inferred or transferred to the concession. The Concessionaire shall be responsible for obtaining a liquor license as required by New York state law. The Concessionaire shall comply with Ft. Drum Installation COVID-19 restrictions and requirements, reference attachment J.5 for face covering guidance.

F.6 DELIVERY/PERFORMANCE SCHEDULE

The following is the delivery/performance schedule for services/work to be performed under this contract:

Item Due Date

A. Concession Flat Fee 5th day of the following month

B. Liquor License & notification of 10 days prior to start date

Grand Opening

C. Certificate of Insurance and Training 10 days after contract award date

D. Pricing on Menu Items 10 days prior to implementation

E. New Employee Training Within 30 days of hire

F. Menu Pricing Adjustments No more frequently than every six (6) months

G. Special Events Business Plan 60 days prior to month of event

F.7 STOP-WORK ORDER (NOV 2004) (BF-006)

A. The Contracting Officer may, at any time, by written order to the Concessionaire, require the Concessionaire to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Concessionaire, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Concessionaire shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Concessionaire, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either-

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the

Termination for Convenience, clause of this contract.

B. If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Concessionaire shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if -

(1) The stop-work order results in an increase in the time required for, or in the Concessionaire's cost properly allocable to, the performance of any part of this contract; and

(2) The Concessionaire asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(3) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the NAFI, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(4) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

F.8 CHANGE OF HOURS OF PERFORMANCE

The operating hours are subject to change by the Contracting Officer, upon her/his determination that there is a need for such a change. The Concessionaire’s proposed changes are subject to approval by the Contracting Officer. Such changes must be effected in a written modification to the contract, issued by the Contracting Officer.

F.9 COORDINATION OF DELIVERY AND REMOVAL

The Concessionaire shall coordinate delivery of his/her equipment with the COR. At the completion of the contract period, the Concessionaire shall coordinate the removal of his/her equipment with the COR.

F.10 TERMINATION

A. At the termination of the contract, the Concessionaire shall yield-up the premises furnished by the NAFI in as good order and condition as when the Concessionaire commenced operation therein, with the exception of normal wear and tear from everyday use.

B. After the termination of this contract, Concessionaire shall promptly remove from the premises, all Concessionaire-owned property. If the Concessionaire fails to remove such property within fifteen (15) days after receipt of written notice to do so from the Contracting Officer, or designated representative, the Concessionaire may be liable for damages and storage fees.

C. NAFI shall not reimburse the Concessionaire for any costs associated with start-up and/or any alterations and construction costs the Concessionaire may have incurred in order to establish this concession operation.

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 RESPONSIBILITY FOR ADMINISTRATION OF THE CONTRACT

A. Contract and Solicitation administration will be performed by:

Department of the Army Installation Management Command

NAF Contracting, Readiness Support Office Attn: IMWR-NC (Raul Glover)

2405 Gunn Shed Road JBSA Fort Sam Houston, TX 78234-7588 raul.l.glover.naf@mail.mil

(210) 466-0047

B. Contractual problems, of any nature, that arise during the term of this contract must be processed in accordance with very specific public laws and regulations. Requests for information related to this contract, including explanation of terms and interpretation of provisions, clauses or statements of work, shall be directed to the Contracting Officer.

C. Only the Contracting Officer responsible for this contract is authorized to modify, or otherwise take any action on behalf of the NAFI which results in changes to the terms, conditions, or specifications of contractual terms and obligations.

D. Unless otherwise specifically authorized and included in this contract, the Concessionaire shall not comply with any order, direction, or request of any NAFI or Government personnel unless it is issued in writing and signed by the Contracting Officer. No order, statement, or conduct of NAFI or Government personnel who visit the Concessionaire’s facilities, or in any other manner communicate with the Concessionaire’s personnel during the performance of this contract, shall constitute a change under the “Changes” Clause of the contract.

E. In the event that the Concessionaire effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority, and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof.

F. The Contracting Officer responsible for this contract is:

NAF Contracting, Readiness Support Office

Attn: IMWR-NC (Jessica Ruiz) 2405 Gunn Shed Road

JBSA Fort Sam Houston, TX 78234-7588

G.2 APPOINTMENT OF A CONTRACTING OFFICER RESPRESENTATIVE (COR)

A. The Contracting Officer shall appoint a COR in writing. The COR will be the liaison between the

Concessionaire and the Contracting Officer. The Concessionaire shall be provided a copy of the appointment letter. The COR shall not be empowered to take any actions which may result in changes in the provisions, specifications, or the pricing of this contract without written mailto:raul.l.glover.naf@mail.mil authorization of the Contracting Officer.

B. The COR will be responsible for:

(1) Inspection and acceptance of services rendered or supplies delivered; Inspection and Acceptance shall be in accordance with all applicable Army Regulations, and NAF Financial Services Standard Operation Procedures.

(2) Notification to the Contracting Officer of any deficiencies with recommendations as to corrective action; Only the Contracting Officer has the authority to issue a change order modifying performance;

G.3 FINANCIAL

A. The Concessionaire shall pay the NAFI a FLAT-FEE each month. Payment shall be made via Electronic

Funds Transfer (EFT) on the fifth (5th) day of each month for the prior month’s operations.

B. This flat fee will be negotiated prior to contract award.

(1) In return for the opportunity to operate the concession, the CONCESSIONAIRE shall pay a Concession Flat Fee to the NAFI for the term of the contract in accordance with Section B-2 of this RFP.

(2) Payment shall be made via electronic funds transfer (EFT) on the 5th day of each month for the prior month’s operation. Upon contract award the COR shall provide concessionaire EFT information.

(3) The Concessionaire shall maintain a complete and accurate account of all transactions. The Concessionaire will maintain a record of all readings and is responsible for certifying the integrity of its financial records and reports.

C. EFFECTIVE 25 MARCH 1998, any individual or corporation providing services to NAFIs must provide one of the following prior to award of any contract(s) to them:

(EIN) , an Employer ID Number (TIN) _, a Taxpayer ID Number

(SSN) , a Social Security Number

D. In accordance with Public Law 104-134 (omnibus Consolidated Rescission and Appropriations Act of 1996 and Debt Collection Improvement Act of 1996), prior to the award of any contract/orders after 31 May 1998, the prospective vendor must furnish this office with the following information (see Attachment J-3):

(1) DUNS NUMBER:

(2) CAGE CODE: _

(3) ACH Vendor/Miscellaneous Payment Enrollment, Form (SF 3881)

(4) Proof of registration with the Central Concessionaire’s Registration (CCR)

(5) W-9 Form

E. The payments received by the Concessionaire will be reported to the Internal Revenue Service

(IRS) in accordance with Federal Laws. Payments will be reported on IRS Form 1099-MISC (Miscellaneous Income). If payments are reported to the IRS, the Concessionaire will be furnished a copy of the IRS Form 1099-MISC by the Fort Drum NAF Financial Services, Texarkana, Texas.

F. The NAFI has no responsibility to withhold Federal or State income taxes from the compensation paid to the Concessionaire in accordance with IRS Revenue Ruling 87-41 and AR 215-1, 4-13. The Concessionaire will assume complete liability for all taxes that are against the money paid for their services to include social security tax.

G.4 OPTION TO EXTEND SERVICES

The fourth period of performance for this Contract will be from 05 April 2025 to 04 April 2026, and may be extended for up to six months (See Section I-9: “Option to Extend Services”).

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 INSTALLATION RULES AND REGULATIONS

The Concessionaire shall comply with Installation Rules and Regulations as they pertain to him/her, to include the Installation Motor Vehicle Traffic Regulation, and for registering vehicle(s) with the Provost Marshall’s Office, as set forth in AR 190-5 and Installation regulations. The Concessionaire shall make all arrangements to obtain an Installation Entry Pass, as applicable, for all individuals who will provide services under the terms of this contract to the Concessionaire. This list shall include the full name of the individual, complete address for their current residence, birth information to include the city, country and date of birth, passport number and issuing country.

It is mutually agreed the Concessionaire is NOT an employee of the NAFI. The NAFI will not be responsible for providing life, health, death or any other type of insurance NOR worker’s compensation for services received pursuant to the performance of this contract.

H.2 INDEMNIFY AND HOLD HARMLESS

Concessionaire shall indemnify, hold harmless and defend the NAFI and all other agencies and Instrumentalities of the United States Government, their agents, representatives, employees and customers from any and all suits, judgments and claims, including those established by or pursuant to court decisions, to international contracts, or duly promulgated regulations of the United States Government, and all charges and expenses incident thereto which arise out of:

A. The alleged or established violation or infringement of any patent, copyright or trademark rights asserted by any third party with regard to items or services provided by Concessionaire;

B. Loss, damage or injury, alleged or established to have arisen out of or in connection with items or services provided by Concessionaire, unless such loss, damage, or injury was caused by or resulted solely from the acts of omissions of the NAFI, its agents, representatives, or employees;

C. Any loss, damage, or injury alleged or established to have arisen out of or in connection with any other acts or omissions of Concessionaire; NAFI will give Concessionaire notice and an opportunity to defend.

H.3 SERVICE CONTRACT ACT

The Service Contract Labor Standards is applicable to this contract. A copy of Wage Determination WD 2015- 5773 (Rev. 13) as issued by the Department of Labor is located at Attachment J-2.

H.4 INSURANCE

A. Before commencing work under this contract, the Concessionaire shall certify, by furnishing copies of policies to the Contracting Officer, that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the NAFI’s interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed or prescribed, or (2) until 30 days after the insurer or the Concessionaire gives written notice to the Contracting Officer, whichever period is longer, shall be submitted no later than ten (10) days after contract award to:

NAF Contracting (IMWR-NC), Readiness Support Office, Attn: Raul Glover, 2405 Gun Shed Rd., Bldg. 2261, JBSA Fort Sam Houston, TX 78234-7588 raul.l.glover.naf@mail.mil

(210) 466-0047

B. Insurance policies shall contain the following statement:

“The IMCOM Enterprise Fund is listed as an additional insured."

C. The Certificate Holder shall be listed as:

GMWROE at Fort Drum

Fort Drum, NY 13602 USA

D. Types and amounts of insurance are listed below:

TYPE OF INSURANCE MINIMUM AMOUNT

Workman’s Compensation and Employer’s Liability (including all occupational diseases)

As required by state and local laws with minimum employer liability limit of $100,000 for accidental bodily injury, or death, or for…