Moakley Cafeteria RFP.pdf

RFP GS-01P-10-BW-C-0054 General Services Administration John J. Moakley Federal Courthouse Cafeteria and Catering Services

THIS PROCUREMENT IS OPEN TO ALL BUSINESSES.

In accordance with GSA’s Affirmative Procurement Program and the Statutes, Regulations, and Executive Orders of the United States, the Contractor is to use green products and supplies in the accomplishment of this contract.

SOLICITATION NO: GS-01P-10-BW-C-0054 PROJECT: CAFETERIA SERVICES

LOCATIONS: John J. Moakley Federal Courthouse, Boston, MA. 02210

SOLICITATION ISSUE DATE: April 1, 2010

OFFER DUE: GENERAL SERVICES ADMINISTRATION (GSA)

Thomas P. O’Neill Federal Building 10 Causeway Street, Boston, MA. 02222-1077

DATE DUE: April 27, 2010 TIME: 2:00 PM (Local Time)

DELIVER TO: Contracting Officer Sherri Edwards, GSA, Public Building Service Thomas P. O’Neill Federal Building, 11th Floor, Room 1100 10 Causeway Street, Boston, MA. 02222-1077

NOTE: ANY QUESTIONS REGARDING THIS SOLICITATION MAY BE DIRECTED TO:

Kimberly Hammond

Telephone No.: (617) 565-7190 E-mail: kimberly.hammond@gsa.gov

515.204-1 Uniform contract format The information collection requirements contained in this solicitation/contract are either required by regulation or approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned OMB Control No. 3090-0163. GSA’s hours of operation are 8:00 a.m. to 4:30 p.m. Requests for preaward debriefings postmarked or otherwise submitted after 4:30 p.m. will be considered submitted the following business day. Requests for postaward debriefings delivered after 4:30 p.m. will be considered received and filed the following business day.

Contractors are responsible for downloading their own copy of the solicitation and amendments, if any. The WWW address of the Federal Business Opportunities web page is http://www.fbo.gov. It is the Contractor’s responsibility to monitor this site for the release of the solicitation and amendments, if any. Contractors may register for electronic notification of postings to the site.

General Services Administration Region

Public Buildings Service Service Center

SPECIFICATIONS AND BID FORMS

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TABLE OF CONTENTS

PAGE

NUMBER

SOLICITATION

TABLE OF CONTENTS ....................................................................2 – 5

PREAMBLE………………………………………………..…………6 - 7

SPECIAL NOTICE TO BIDDERS/OFFERORS............................. 8 - 9

Special Notices to Bidders/Offerors Pre-Proposal Conference at the Cafeteria Facility

DESCRIPTION/SPECIFICATION............................................... 10 - 25

1. Statement of Work

A. Description of Services B. Scope of Work C. Term of Contract

2. Description of Facilities A. Area and Location in the Building B. Seating Capacity C. Historical Sales Data D. Randolph/Sheppard Facilities

3. Effective Date

4. Hours of Service

A. Service Schedule B. Modification to Service Schedule

5. Contractor Responsibilities A. Service B. Menus C. Procedures for Future Price Adjustments/ Changes D. Equipment and Utensils Furnished by the Contractor E. Sanitation & Quality F. Personnel and Supervision G. Recycling H. Contractor Performed Repairs I. Cleaning and Janitorial Services J. Security Areas K. Hazardous Conditions L. Liability M. Occupant Emergency Program N. Reporting Requirements O. Operating Expenses

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P. Energy Conservation Guidelines Q. Telephone and Computer Systems R. Building Space

6. Continuity of Operations

7. Contracts and Subcontracts

8. Responsibilities/Furnished by the Government

A. General B. Property

a. Government Furnished Space

b. Vending Stands

c. Facilities

d. Parking

e. Windows

f. Preventative Maintenance

g. Rodent/Pest Control

h. Trash Removal

i. Government-Owned Equipment

9. Rights and Authority of the Government A. Approval B. Public Space C. Restrictions D. Records E. Cash Register Readings F. Projected Annual Budget G. Modification of Contract H. Discrepancy in the Specifications

10. Protection and Damage

INSPECTION AND ACCEPTANCE .............................................. 28-30

1. Contractor Responsibility

2. Quality Standards

3. Contractor Representative

4. Role of Government Personnel and Responsibility for

Contract Administration A. Contracting Officer (CO)

B. Contracting Officer’s Representative (COR) C. Contract Inspectors/Account Managers

5. Inspections

6. Annual Review

DELIVERIES..................................................................................... 31-32

1. Milestone Chart for Contractor’s Deliverables

2. Government Deliverables Due the Contractor

CONTRACT ADMINISTRATION DATA..................................... 33-36

1. Administrative Expenses and Loss

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2. Payment in Lieu of Rental

3. Purpose of Payment in Lieu of Rent and Payment Schedule

4. Failure to Perform

5. Suspension of Work

6. Proprietary Marks

7. Business Licenses, Taxes & Assessments

8. Payment of Postage and Fees

9. Markings

10. Termination of Contract by Contractor

11. Wage Determination – See also Attachment 1

SPECIAL CONTRACT REQUIREMENTS .................................. 36-38

1. Personnel

A. Qualifications of Employees

2. Security Requirements

A. Identification/Building Pass B. Clearances C. Security Clearance Requirements

3. Standards of Conduct

CONTRACT CLAUSES ................................................................... 39-53 52.222-42 Statement of Equivalent Rates for Federal Hires Comparable Hires Commercial Items Contract Clauses Index 52.252-2 Clauses Incorporated by Reference 52.212-4 Contract Terms and Conditions - Commercials Items 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items 552.212-72 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to GSA Acquisition of Commercial Items 52.204-7 Central Contractor Registration 52.204-8 Annual Representations and Certifications 52.204-9 Personal Identity Verification of Contractor Personnel 552.212-71 Contract Terms and Conditions Applicable to GSA Acquisition of Commercial Items

52.223-4 Recovered Material Certification 52.223-10 Waste Reduction Program 52.223-15 Energy Efficiency in Energy-Consuming Products 52.223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts 52.223-1 Biobased Product Certification 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts Addendum to FAR 52.212-4, FAR 52.212-5 and 552.212-71

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INSTRUCTIONS, CONDITIONS AND NOTICES TO ............... 54-66

OFFERORS/BIDDERS

1. Insurance Requirements

A. Worker’s Compensation and Employer’s Liability B. General Liability Insurance

2. Instructions to Offerors A. 52.212.1 Instructions to Offerors – Commercial Items B. Instructions on Submitting Proposals C. Contents of the Proposal D. Period for Acceptance of Offerors E. Product Samples F. Late Submissions, Modifications, Revisions, and Withdrawals of Offerors G. Contract Award H. Multiple Awards

FAR 52.212-2 Evaluation--Commercial Items Mandatory Registration with CCR and OCRA Websites FAR 52.212-3 Offeror Representations and Certifications - Commercial Items FAR 52.233-2 Service of Protest 552.233-70 - Protests Filed Directly With the General Services Administration

ATTACHMENTS .......................................................................... 67 - 110 Attachment 1 - Wage Determination Attachment 2 - Inventory of Food Service Equipment List 79 Attachment 3 - Standard Form LLL – Certification Regarding Lobbying 84 Attachment 4 - Standard Form LLL-A- Disclosure Form to Report Lobbying 85 Attachment 5 - Standard 527 - Contractor's Qualification & Financial Information 86 Attachment 6 – Sales Generation Model 87 Attachment 7 – Staffing and Labor Cost Model 88 Attachment 8 - Profit/Loss Statement Pro-Forma Operating Statement 89 Attachment 9 –GS-42 Green Seal Environmental Standard for Cleaning Services 91

Attachments Posted Separately on FedBizOpps

SF1449 - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

Appendix B Examples of Sensitive But Unclassified Building Information Appendix C Floor Plan

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Preamble

The General Services Administration (GSA) seeks a contractor that will provide cafeteria and catering, at the John J. Moakley Federal Courthouse. The contractor should aim to:

• Deliver food and beverages at attractive prices that are healthy, organic and grown locally;

and

• Maintain operations in an environmentally responsible and sustainable manner.

This is the first request for proposal by GSA that seeks to introduce measurable wellness and sustainability objectives into a concessions contract. This will be a contract with significant opportunity for the successful offeror to gain national media exposure.

GSA’s and the (United States Judiciary) envision the services under this Contract to be a model for wellness and “sustainable” operations. Generally stated, this objective may be realized by operations that will include:

• Food and beverage items that are organic, and grown or otherwise made in the closest possible proximity to Boston and that are healthy as part of a balanced diet and contain as few as possible, if any, chemical or biological additives.

• Back-of-House Operations that include a verifiable waste reduction program; verifiable recycling program, uses (to the highest extent possible) environmentally preferable products including products made from recycled materials that are recyclable and/or biodegradable; and uses environmentally preferable practices.

Specific detail about The RFP goals and objectives may be found in the following sections:

• Menu Cycle and Variety Tab C

• Wellness Program Tab D

• Sustainability Tab F

The sections pertaining to the wellness and sustainability initiatives should be viewed as questions intended to solicit the offeror’s proposal relating to that topic. The offeror’s responses, coupled with GSA and the (United States Judiciary) will form the basis for the program to be in place upon opening.

This contract is designed to ensure that the services provided continue to meet the highest standards for customer satisfaction, wellness, a healthy diet, and sustainability. Continual feedback from the selected contractor, the GSA, and its customers is key to achieving this goal.

Through regular feedback opportunities, this RFP and contract are intended to create a special GSA – contractor relationship that establishes an opening base line and a process for incrementally tracking mutually agreed-upon objectives throughout the initial and subsequent contract terms. It is understood that regular process and results evaluations will be essential as GSA and the (United States Judiciary) and the selected contractor will make program adjustments based on the operational and financial results achieved and the level of success in reaching the wellness and sustainability goals outlined in this RFP and through the course of regular operational reviews.

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GSA is prepared to offer all interested foodservice contract management companies as much assistance as is permissible in order to understand the new programmatic objectives herein. GSA therefore encourages questions from interested management companies.

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Special Notices to Bidders/Offers

A. The successful Contractor shall be fully responsible for providing and accomplishing the required services as outlined in this solicitation. The Contractor is responsible for the operation of the food service facilities at the

John J. Moakley Federal Courthouse, 1 Courthouse Way, Boston, MA. 02210

B. The Offeror must submit an offer/bid for each evaluation factor in order to be considered for award.

C. In order to be considered for award, the offeror must acknowledge receipt of each amendment issued (if any) under this solicitation by submitting three (3) signed and dated copies of the Standard Form 30 (Amendment of Solicitation/Modification of Contract) issued for each amendment.

D. Facsimile (FAX) bids are unacceptable in response to this solicitation.

E. Deficiencies and Unacceptable Proposals. Bidders are cautioned that an offer may be rejected as non-responsive if it is deficient and thereby unacceptable because it does not answer the evaluation factors completely or meet the Government requirements.

F. Interruptions in Government. Should inclement weather, interruption in Government operations or other unanticipated events occur that interrupt normal Government processes or require the closing of the Government on the bid due date, the bid will be due at the same time of the next Government workday unless notice is given to the contrary by the contracting office.

G. Executive Order 12989. Economy and efficiency in Government procurement through compliance with certain immigration and naturalization act provisions, is in effect and must be complied with under any contract(s) resulting from this invitation for bids. In accordance with Executive Order 12989, Contractors are responsible for compliance with immigration laws and are hereby notified that any and all suspected infractions shall be reported to the Immigration and Naturalization Service.

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PRE-PROPOSAL CONFERENCE at the CAFETERIA FACILITY

The purpose of the Pre-Proposal Conference is to provide a briefing on the contracting concept, the scope of work, Wellness Program, Sustainability Plan, the specifications, so that bidders can ascertain the complexities of the services to be performed. Answers to questions will be addressed at the Pre-Proposal Conference and a summary of the topics discussed at the Conference will be provided to all prospective bidders as an addendum to the Request for Proposals. Questions can be submitted after the Pre-Proposal Conference and an addendum to the Request for Proposals will be submitted with responses. Dates for submitting questions will be established at the Pre-Proposal Conference.

MEMORANDUM TO: All Prospective Bidders SUBJECT: Request for Proposals (RFP) # GS-01P-10-BW-C-0054

Cafeteria and Event Catering Services

The General Services Administration invites you to attend a Pre-Proposal Conference which will be held at the time and place listed below:

LOCATION: John J. Moakley Federal Courthouse, 1 Courthouse Way, Boston, MA.

DATE: April 13, 2010

Pre-Proposal Conference at 10:00 AM

A walk-thru of the facility (back and front of house) will be part of the Pre-Proposal Conference.

Prospective Bidders are allowed to sketch the facility and take pictures. Prior authorization of photographic equipment is necessary, with approval from the United States Marshal Service.

It is advantageous for each bidder to have qualified representation at the Pre-Proposal Conference to understand the total result desired by the Government.

Contractors are requested to notify the individual listed below by letter, telephone, fax or e-mail (e-mail is preferred) of the names of person(s) who will attend the Conference. Notification should be made at least two working days before the scheduled meeting to:

Point of Contact: Contracting Specialist Kimberly Hammond Phone: (617) 565-7190 e-mail: kimberly. hammond@gsa.gov Thomas P. O’Neill, Jr. F.O.B.

10 Causeway St., Room 1100 Boston, MA 02222

All offerors attending the Pre-Proposal Conference must submit their full name and current citizenship via email to the Point of Contact above for security clearance into the building 2 business days in advance for clearance. Entry will not be granted to persons whom do not have government issued identification (drivers license, passport, etc.) with their picture. All attendees must be U.S. citizens.

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Description/Specification

1. Statement of Work:

A. Description of Services. The Contractor shall establish and operate the food service facilities described herein for the purpose of dispensing food, nonalcoholic beverages and such other items as may be authorized by the contracting officer (CO) in accordance with the terms and conditions of this contract.

The food service contractor shall possess the ability to cater events and will be given the exclusive right to provide catering services to functions scheduled during normal business and off hours including weekends. These services will be in coordination with the Contract Facility Manager (CFM) contractor to ensure adherence to public use protocols, and pass through of costs for operation, cleaning, and security associate with the function.

B. Scope of Work. The Contractor shall establish and operate in the Contractor's name;

the food service facility for the purpose of dispensing food, nonalcoholic beverages and such other items as may be authorized by the Contracting Officer's Representative (COR), in accordance with all terms and conditions specified herein.

If alcoholic beverages are to be served at a function, the food service contractor must obtain proper licensing, insurance and provide indemnification of the Government from claims arising from the serving of such beverages.

The John J. Moakley Federal Courthouse cafeteria is to be operated for the benefit of an average of approximately 1,000 building occupants and visitors to the building.

The estimated annual Public Realm Events: [200]. The breakdown of events over a 12 month period are listed below, these numbers should be used for informational purpose only since fluctuations in events are common.

Daytime (normal building operating hours 6 A.M. – 6 P.M.) 83 Events Evening (after hour 6 P.M. – 11 P.M) 117 Events

The food service contractor will be given the exclusive right to provide catering services to functions scheduled during normal business hours and off hours, including weekends. GSA may grant exceptions for a small number of tenant hosted functions which do not require access to kitchen equipment. Entertainment must meet the GSA and United States Court standards. The vendor shall adhere to the federal licensing requirements and the collection and coordination of monetary requirements, set fourth in 41 CFR Subpart D occasional Use of Public Buildings. The vendor shall work with the CFM Public Realm Director for the coordination of all Public Realm catering services. It is the Governments expectation that everything brought into the Courthouse must be removed that evening and the areas used must be left in the same condition that they were before the event. On an annual basis, the contractor must demonstrate that their catering pricing is in line with area industry pricing. In addition, there may be an occasional need for food service to

John J. Moakley Federal Courthouse Page 11 of 110 Cafeteria and Catering Services various multipurpose areas on behalf of Courthouse tenants. Consideration should be given to a specialized menu & pricing to cater to these programs. The food service may range from coffee/Danish service to full service meals, to include international menus. Luncheon meetings, and special functions, may be required periodically by the occupant agencies. It will be necessary to integrate these requests into the hour of operation proposed if and when such request comes about.

The GSA estimates that less than 20 percent of the federal employees listed above telework a minimum of one or two days each week, and less than 20 percent of the federal employees listed above work an alternate work schedule (AWS). AWS provides employees one day off (typically a Friday or Monday) every two weeks.

Government shall not be held responsible for any variation from this employee population figure since the extent of occupancy is not guaranteed.

C. Term of Contract. The contract shall be for a period of 5 years effective with the beginning date specified in the Notice to Proceed, subject, however to the rights of termination set forth in the termination clauses. At the option of the Contracting Officer and in concurrence with the Contractor, the contract may be extended thereafter for terms of one to five years, provided that the Contracting Officer shall give written notice to the Contractor at least 180 days before the contract, or any extensions thereof, would otherwise expire. In no event shall the contract period, as extended, exceed a period of 15 years from the beginning date of the original contract.

2. Description of Facilities:

A. Area and Location in the Building.

The John J. Moakley Federal Courthouse kitchen and servery are located on the 2nd floor level and occupy at a total of approximately 11,214 square feet.

Refer to attachments for current floor plan

B. Seating Capacity.

The John J. Moakley Federal Courthouse has approximately 195 seats in the Main Dining Area.

Refer to attachments for current floor plan.

C. Historical Sales Data.

2008 Sales approximately $508,764.00

2007 Sales approximately $550,824.00

2006 Sales approximately $575.474.00

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D. Randolph-Sheppard Facilities.

The Randolph-Sheppard program operates all vending machines in the building and one snack bar.

The snack bar is located on the 1st floor of the John J. Moakley Federal Courthouse.

3. Effective Date:

Service will begin on August 1, 2010.

4. Hours of Service:

A. Service Schedule.

Cafeteria services will be provided 5 days per week, Monday through Friday (except for holidays observed by the Federal Government), as follows:

Period Opening Closing Breakfast 6:30 AM 10:00 AM AM Break 10:00 AM 11:00 AM Lunch 11:00 AM 2:00 PM PM Break 2:00 PM 3:00 PM

The above hours are minimum hours to which the contractor must adhere; if the Contractor wants to extend the service schedule to increase its financial viability, the hours can be extended.

Changes must be requested in accordance with modification to service schedule.

Cater events will be provided 5 days per week, Monday through Friday to include after hours (between 6:00 P.M. and 11:00 P.M.), weekends and holidays.

B. Modification to Service Schedule.

Any request for modifying the hours or days of service shall be submitted for approval of the Contracting Officer’s Representative (COR) prior to start of service date. The Contractor can submit a request for reduction in service during Government Holiday periods in advance (14 days).

If the Telecommute and/or Alternate Work Schedule (AWS) tenant programs impact sales levels on specific business days, the Contractor can submit a request for change in service on these days.

The COR will review the request and advise the Contractor if a request is approved.

5. Contractor Responsibilities:

The Contractor shall provide prompt, efficient, and courteous service, and avoid undue interference with the operation of building in which services are provided. The Contractor shall employ sufficient and suitable personnel to support this contract, secure and maintain insurance, maintain records, submit reports, and observe other contract requirements, all as more specifically set forth herein.

The Contractor shall pay each and every fee, expense or other charge incident to or resulting from operations under the contract as more specifically set forth herein.

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Contractor shall meet monthly or as needed with the COR and designated tenant agency representatives to discuss mutual objectives, including but not limited to service levels, Wellness Program, Sustainability Plan, menus and marketing programs.

A. Service.

The Contractor shall operate and manage the cafeteria in the Contractor's name at the Federal building. Patrons shall be encouraged to remove trays, dishes and utensils from tables to trash/recycle stations (or conveyor belt) area that will be strategically located in the dining area.

The Contractor will provide busing service during service hours to remove any remaining soiled dishes and assure that tables and chairs are kept clean. The COR will review the designated receptacle location request and advise the Contractor if a request is approved.

B. Menus.

It shall be the responsibility of the Contractor to provide a variety of quality prepared foods in accordance with industry trends, industry standard practices and the industry’s latest concepts.

The Contractor shall offer food that provides wide variety to customers, including vegetarian, organic, healthy, and light eater. Menus should also include items for people with special dietary restrictions and offer “heart healthy” menu items that meet the American Medical Association (AMA) guidelines (no more than 30% calories from fat). Menus must include items that are less than 300 calories per serving and be clearly identified in the menu.

In light of the emphasis placed on the Wellness program in this solicitation, we would like to ensure optimum visibility of the healthy menu offerings. We strongly recommend that the contractor take into consideration the positive effects of priority placement of these products in the cafeteria and on the serving lines, as it is known that product placement influences consumer choices. It is intended that every encouragement possible is provided to the consumer to make the right choice in the selection of their meal; and, this will facilitate that opportunity to the customer to make the right choice coupled with incentives, education, and promotions. Examples of product placement may be placement 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.

The Contractor shall comply with the 2005 and all subsequent revisions of U.S. Dietary Guidelines for Americans, note the following:

i. Prior to the start date of service, the Contractor shall provide to the COR 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) and in addition provide a catering menu price list that are inline with the area industry and are comparable to the facility size and venue.

ii. During each serving period, easy-to-read menus (truth in menu is expected) with prices listed shall be prominently displayed for the information of patrons at the cafeteria. Menus shall be posted at or near the cafeteria entrances and near the service points. All customer signage, menus, etc. must be printed (no hand-written signs are allowed). The signage location shall be approved by the COR prior to installation. Electronic boards and Contractor sponsored web-pages

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C. Procedures for Future Price Adjustments/Changes.

Future price adjustments/changes must be submitted with supporting documentation in a spreadsheet format that includes:

i. Any changes to standard menu prices, portions, or items offered for sale shall be submitted to the Contracting Officer’s Representative 30 days in advance and shall be submitted as replacement pages for the price/portion book initially submitted by the Contractor. Daily or weekly promotional menu items are excluded.

ii. Date of proposed price adjustment.

iii. A market basket survey of at least 3 similar food facilities in the local area (COR accepted locations).

iv. In situations where one or more critical food or supply items have sudden upward price fluctuations due to an act-of-God, the COR/CO are to be contacted with a request for a temporary surcharge or menu change. Once the subject prices have stabilized, the former approved price is to be reestablished or the item returned the menu as specified.

If the price change/adjustment is accepted by the COR/CO, a meeting will take place between COR, Contractor, and Client of the Agency. After approval, a notice to the customers is then created by the Contractor and posted in prominent locations at least 14 days prior to the on-site implementation.

D. Equipment and Utensils Furnished by the Contractor.

i. All required equipment and utensils (sample list below) shall be provided by the Contractor who shall replace such equipment and utensils when necessary. Equipment and utensils provided by the Contractor shall be of a quality in keeping with that provided by the GSA.

Sample items expected to be provided by Contactor:

Can Openers POS System Chinaware and dishes, if needed Storage Containers Condiment Dispensers Napkins Dispensers Office Furniture Glassware if needed Computer system Steam table pans Merchandising Equipment Safe Machines - office Scales, food preparation Menu boards, letters, price markers Sharpeners Dish Racks Silverware if needed Trash receptacles Trays

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Utensils and kitchenware All other kitchen small wares to meet contract requirements

Telecommunication Systems

The Contractor shall provide “Green” disposable products including products that are petroleum-free, contain post-consumer recycled content and 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 quantities of each type of recycled-content material shall be reported in writing monthly to the COR no later than the twentieth day of the subsequent month.

ii. The Contractor shall provide complete Point of Sale (POS) system to include the acceptance of patron’s use of credit and debit cards in an expeditious manner at cafeteria.

iii. It is incumbent upon the Contractor to verify sizes and capabilities of GSA-furnished dish, bowl, and mug dispensing equipment and to provide chinaware of appropriate size and weight to suit equipment. Also note type of self-bussing equipment in use, and dining table top sizes for trays.

iv. Trash receptacles shall be of hard non-toxic plastic material. Single service plastic liners shall be used in conjunction with these receptacles. All trash containers will be provided with self-closing tops. The COR will review the request for a certain container/product and advise the Contractor if a request is approved.

v. Contractor should maintain a physical inventory of all Contractor owned equipment on site. All Contractor owned equipment shall remain the property of the contractor throughout the contract term.

vi. All items provided by the Contractor shall be of good quality, suitable for the purpose of its intended use, and consistent with the quality of the various items provided by the GSA and meeting current business and industry standards. All equipment furnished by the contractor shall be subject to approval of the Government.

E. Sanitation and Quality.

i. The Contractor shall serve quality food, under clean and sanitary conditions in accordance with the provisions and recommendations contained in the most recently published Food Code, U.S. Public Health Service publication. All foods served shall be wholesome and free from spoilage, free from adulteration and misbranding, and safe for human consumption.

Uncooked items, such as fresh fruits, shall be clean and free from blemishes. All foods shall when served, be attractive in appearance and correct in temperature and consistency. To the degree possible, the Contractor will purchase food that is produced locally and regionally. To the degree that certified organic products can be offered at market comparable prices (financially sustainable) they should be available on the menu.

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

• Meat Beef U.S. Department of Agriculture (USDA) Choice Pork USDA Number 1 Veal USDA Select and Choice Lamb USDA Choice Poultry USDA Grade “A” for all graded fresh or frozen poultry and poultry products as a minimum specification

• Seafood Frozen fish must be packed under continuous inspection of the U.S. Department of

Agriculture

• Dairy Eggs Fresh USDA or State Grade “A” (the use of cage free eggs will be at the

Contractor’s discretion) Butter USDA Grade “A” (92) Score Cheese USDA Grade “A” for all graded cheeses Milk and milk products USDA Grade “A” Fresh

• Produce USDA Grade “A”

• Dry Stores Grade “A” Fancy

• Canned goods Grade “A” Fancy

ii. The most recently published Food Code, U.S. Public Health Service publication and all local codes and regulations relating to food service sanitation and procedures shall be adhered to by the Contractor.

iii. The Contractor is to develop a Hazard Analysis and Critical Control Point (HACCP) plan as required by Health Department. A copy is to be submitted to COR within 14 days after start of service.

iv. Material Safety Data Sheets (MSDS) shall be onsite prior to the start date of the contract and remain updated on site.

v. The Government requires that a certified food handler (as required by Health Department) to be on premises during all operating hours.

vi. Any suspected outbreak of human illness, whether involving employees or visitors, is to be reported immediately to the COR and to a public health consultant. 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.

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F. Personnel and Supervision.

i. The Contractor shall employ sufficient personnel to maintain sanitary conditions and satisfactory service which will ensure prompt and efficient service. All employees shall be sober, conscientious, neat, and courteous. All employees assigned by the Contractor to perform work under this cafeteria contract shall be physically able to do their assigned work and shall be free from communicable diseases.

All Contractor personnel must be able to read, write, speak and understand English in order to carry out all duties assigned to them and communicate with patrons. The Contractor shall provide training to employees to ensure competent performance in all areas associated with these contracted services.

ii. The Contractor is required to provide a professional, full-time, qualified food service person to act as manager of the facility. The manager will be subject to the approval of the Government. The Contractor's manager will be delegated the authority, and shall be able to effectively manage the day-to-day operation of the cafeteria relative to supervision of personnel and training, execution of the Contractor’s RFP response, menu planning, purchasing, cost control, sanitation, and customer satisfaction, etc. The manager must be onsite when the cafeteria is open, for the duration of this contract. The Contractor's manager will be replaced, on 30 days notice, upon request of the COR. A representative of the Contractor (i.e. District Manager), other than the above manager, shall visit the facility periodically. A representative of executive status (i.e. Vice President) shall visit the facilities to adjust matters requiring attention upon 48 hours advance notice from the Government.

iii. At all times while on duty, the Contractor's employees shall wear a distinctive professional looking uniform that displays the company logo, wear a hair net and or other suitable head covering, appropriate gloves while handling food and a legible name badge as a means of identification at all times while they are in the building.

iv. The Contractor must provide adequate, trained relief personnel (management and hourly) to substitute for the regular employees when they are absent (scheduled or unscheduled) in order that a high quality food service operation will be maintained with consistently of standards at all times.

v. The Contractor shall require the 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.

vi. The Contractor is required to schedule an employee training program that will continue for the duration of this contract and any extensions thereof, to ensure that their employees perform their jobs with the highest standards of efficiency, customer service and sanitation excellence. Contractor must keep on site a record copy of training attendance and subject matter for all employees for Government review.

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vii. All articles found by the Contractor, the Contractor's agents or employees, or by patrons and given to the Contractor shall be turned in to the Contract Facility Managers (CFM) office as lost and found items.

G. Recycling.

i. The Contractor shall participate and integrate with the recycling program (i.e.

cardboard, aluminum, plastic, glass, etc) operated by the GSA in the building. The GSA shall provide the recycling-collection bins, shall make collections from each bin at least once each day, and shall store the materials to be recycled. The GSA in conjunction with the Contractor shall encourage and educate the customer on the recycling program and necessary sorting of customer’s materials.

ii. The Contractor is responsible to collect, store and recycle grease and cooking oils. The containers and surrounding space are to be kept clean and orderly by the Contractor. The Contractor shall be responsible for the proper storage and marking of containers of grease and cooking oils. The kitchen grease will be collected in containers that are waterproof, vermin-proof, covered with working lids, and well-labeled to indicate what should be deposited in the container.

H. Contractor Performed Repairs.

i. The Contractor shall be responsible for the repair and the repair cost (material, parts, and labor) of each GSA-owned equipment item not to exceed one thousand dollars ($1000.00) per repair. Contractor’s annual cost of repair not to exceed $1,000.00 in a fiscal year;

repair costs over $1,000.00 annually will be paid by GSA. The Contractor shall maintain on-site a log/record of repairs made and date performed.

ii. The Contractor shall immediately perform these repairs whenever they are required and shall notify the GSA via e-mail when such work is being accomplished. However, repairs on cafeteria equipment covered by a warranty or guarantee agreement shall not be initiated without the prior approval of the GSA.

iii. The Contractor shall immediately report any potential need of repairs where the cost of labor, parts and materials is expected to exceed $1,000.00 to the GSA. Failure to do so will result in the Contractor absorbing 100% of the repair cost. The GSA designated representative will provide guidance on how to proceed with the repair.

iv. The Contractor will be responsible for all equipment repair costs or replacement costs due to improper use, vandalism or abuse by Contractor employees.

I. Cleaning and Janitorial Services.

i. The Contractor agrees to furnish all labor, supplies, materials, equipment, and supervision sufficient to maintain the cafeteria areas and foodservice equipment (including hoods and/or water wash down system) within its areas of responsibility in a clean, orderly, and sanitary

John J. Moakley Federal Courthouse Page 19 of 110 Cafeteria and Catering Services condition at all times as detailed below. In connection with the performance of this contract, the Contractor 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.

ii. The Contractor shall be responsible for the cleaning and maintenance of the serving area floors after service hours. The Contractor shall be responsible for the cleaning and maintenance of all serving-area counters and associated equipment. The Contractor shall maintain the serving area floors in a clean condition and spillage free during service hours. The Contractor shall leave the serving area floors in clean condition after service hours.

The GSA shall be responsible for periodical stripping and waxing and/or deep cleaning the Servery flooring on an as-needed basis.

iii. The Contractor shall maintain the dining room area flooring/carpet in a clean condition and spillage free during service hours. The Contractor shall leave the dining room flooring/carpet in “vacuum clean” condition and spillage free after service hours.

The GSA shall be responsible for the cleaning and maintenance of the dining room flooring/carpet after service hours.

iv. The Contractor will be responsible for the maintenance of dining room equipment including tables, table tops and bases, chairs, booths, counters, trash collection stations and be responsible for removing trash from the dining room collections points during and after service periods.

The GSA shall be responsible for the cleaning and maintenance of the dining room equipment after service hours and shall ensure dining room is clean and orderly before morning service hours.

v. The Contractor will be responsible for the cleaning and maintenance of the entire kitchen area.

vi. It is the responsibility of the Contractor to keep in a clean and sanitary condition building areas and items utilized by the Contractor such as, walls, ceilings (excluding Building heating ventilation and air conditioning louvers, lighting fixtures or other building equipment that is part of a general building mechanical system), lavatories and locker rooms, floor drains, kitchen, Servery, storage, loading docks and dumpster locations, dining area tables, chairs and floor, et al.

vii. The Contractor will be responsible for complying with GS-42 Green Seal Environmental Standard for Cleaning Services during the term of this contract.

Green Seal’s mission is to work towards environmental sustainability by identifying and promoting environmentally responsible products, purchasing and production.

The intent of Green Seal’s environmental requirement is to reduce, to the extent technologically and economically feasible, the environment impacts associated with the manufacture, use and disposal of products. Set on a category-by-category basis, Environmental Standards focus on significant opportunities to reduce a product’s environmental impact.

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Refer to Attachments for program details, additional information on Green Seal or any of its programs please contact:

Green Seal 1001 Connecticut Avenue, NW, Suit 827 Washington DC, 20036-5525 or www.greenseal.org

viii. Failure to keep any of the facilities that are the responsibility of the Contractor in a clean and sanitary condition satisfactory to the Contracting Officer or the Contracting Officer's Representative may result in either of the following:

a) The Contracting Officer or the Contracting Officer's Representative may have the facility cleaned by other means and the cost of such work charged to the Contractor.

b) The Contractor will assume the cost of Equipment Preventative Maintenance, Rodent Control and/or Trash Removal at the discretion of the COR.

The Contracting Officer's Representative may require additional cleaning as deemed necessary.

No work shall be performed on weekends or Federal holidays, without prior approval of the Building Manager.

J. Security Areas.

The Contractor shall be responsible for the security of all areas under the jurisdiction of the Contractor. 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 cafeteria is closed. This should be provided in a daily report to the Guard Office upon leaving the building. A key shall be available for emergency use only in the building security office.

K. Hazardous Conditions.

The Contractor shall be responsible for identification, the prevention of, 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 the Contractor, 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 the Contractor.

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

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

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L. Liability.

The Government will not be responsible in any way for damage or loss occasioned by fire, theft, accident, or otherwise to the Contractor'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 Building Manager immediately.

M. Occupant Emergency Program.

The Contractor shall notify the local fire department in the event of fire. All of the Contractor employees shall be organized and trained to participate in Fire, Shelter in Place (SIP) and drills including the reporting of fires. This shall be accomplished with the cooperation of the Buildings Manager and 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.

N. Reporting Requirements.

i. Monthly (or four week) Operating Statements:

The Contractor shall furnish copies of the monthly (or four week) profit and loss operating statement to the COR within twenty (20) days after the end of the monthly (or four week) accounting period. The profit and loss statement must be submitted on the attached GSA Form Included in the attachment section. The Contracting Officer (CO) or representatives shall, as required and necessary, examine and audit all phases of the financial operation of the food services provided by the Contractor.

On a monthly basis, the Contractor is also required to provide the following information relating to patronage and sales:

Reporting Period: Month/Year Revenue Days: #

Total Sales Customer Count Check Average Customer per Day

Breakfast $0.00 # $0.00 # Lunch $0.00 # $0.00 #

Monthly/accounting period and annual roll-up reporting shall include gross sales percentages and customer count summaries derived from GSA endorsed healthful and organic menu items as a means to track the effectiveness of the wellness initiatives.

Failure to submit requested financial information to the Contracting Officer or the Contracting Officer's Representative in a timely manner as defined above may result in the Contractor assuming the cost of Equipment Preventative Maintenance, Rodent Control and/or Trash Removal at the discretion of the CO.

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ii. Contractor certification of end-of-fiscal year statement:

All cafeteria Contractors shall certify their end-of-fiscal-year profit/loss statements for submission to the COR no later than 90 days after end of fiscal year.

iii. Equipment records:

The Contractor shall acknowledge in writing within 30 days of the contract start date to the COR receipt of the GSA-owned equipment listed in the attached Equipment Inventory and properly track all additions, replacements and removals of GSA owned equipment

O. Operating Expenses.

i. The Contractor is permitted to incur the usual type of operating expenses for cafeteria services as detailed in the attached profit and loss statement. Expenses listed under Other Costs must be detailed by Contractor. Operating expenses are the actual net costs after deduction of trade discounts, cash discounts, rebates, etc., which accrue or which the Contractor becomes obligated to pay because of operations under the contract.

ii. The following are not allowable as operating expenses under the terms of the contract, but are to be recovered as part of the administrative expense or General Overhead in an amount not to exceed 3.0% of sales:

1. Payroll computations and disbursements of employee salaries.

2. Wages and salaries of home-office employees and general administrative, executive, and management officials for general supervision of the contract.

3. Wages and salaries of home-office employees and general administrative, executive, and management officials for opening expenses at start up of the contract.

4. Accounting expenses, including costs of preparing financial reports.

5. Supervision of facilities by Contractor's home office personnel.

6. Other wages and salaries to the extent that they exceed those normally paid for similar work in the locality, unless approved by the CO.

7. Home Office management…