RFP Solicitation GS-03P-10-CD-D-0028.pdf

RFP Solicitation GS-03P-10-CD-D-0028

Request for Proposals

SOLICITATION NUMBER: GS-03P-10-CD-D-0028

TITLE: Cafeteria/Concession Services

LOCATION: Mid-Atlantic Social Security Center

(MATSSC), 300 Spring Garden Street, Philadelphia, PA 19123

ANTICIPATED

PERFORMANCE PERIOD: Base Period July 24, 2010 – July 23, 2015

For a base period of five years with the possibility of two 5-year option periods, for a potential contract period total of fifteen (15) years.

RFP DUE DATE AND TIME: March 23, 2010

3:00 PM LOCAL PHILADELPHIA TIME

SUBMIT PROPOSAL TO: GENERAL SERVICES ADMINISTRATION

ACQUISITION MANGEMENT

DIVISION (3PQ)

ATTN: Mr. Michael Marturano

THE STRAWBRIDGE BUILDING

20 NORTH 8TH STREET, 8TH FLOOR

PHILADELPHIA, PA 19107

***This Procurement is Open to All Business Concerns***

PROPERTY OF THE UNITED STATES GOVERNMENT

COPYING, DISSEMINATION, OR DISTRIBUTION OF THESE DRAWINGS, PLANS,

OR SPECIFICATIONS TO UNAUTHORIZED USERS IS PROHIBITED

Do not remove this notice

Properly destroy documents when no longer needed

A. SOLICITATION/CONTRACT FORM

SECTION A, SOLICITATION/CONTRACT FORM SF33

(SOLICITATION, OFFER AND AWARD)

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

RATING

PAGE OF

PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

GS-03P-10-CD-D-0028

SEALED BID (IFB)

NEGOTIATED (RFP)

FEB 19, 2010 3PM-10-0015

3PM-10-0015

7. ISSUED BY CODE 3PQX 8. ADDRESS OFFER TO (If other than Item 7)

GSA PROGRAMS, POLICY & COMPLIANCE BRANCH

THE STRAWBRIDGE BLDG 9TH FL -3PQX

20 NORTH 8TH STREET

PHILADELPHIA PA 19107-3191

GSA REGIONAL CONTRACT SUPPORT SVCS BRANCH

THE STRAWBRIDGE BLDG 8TH FL -3PQXA

20 NORTH 8TH ST

PHILADELPHIA PA 19107-3191

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

SOLICITATION

9. Sealed offers in original and 4 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in until 3:00

PM ET

local time MAR 23, (Hour) (Date)

CAUTION - LATE Submissions, Modifications, and Withdrawls: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION CALL

A. NAME

Michael Marturano

B. TELEPHONE (NO COLLECT CALLS)

215-446-4862

C. E-MAIL ADDRESS

michael.marturano@gsa.gov

11. TABLE OF CONTENTS

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

PART 1 - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 - 1 I CONTRACT CLAUSES -

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2 - 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C DESCRIPTION/SPECS./WORK STATEMENT - J LIST OF ATTACHMENTS -

D PACKAGING AND MARKING - PART IV - PRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE - K REPRESENTATIONS, CERTIFICATIONS AND OTHER -

F DELIVERIES OR PERFORMANCE - STATEMENTS OF OFFERORS

G CONTRACT ADMINISTRATION DATA - L INSTRS., CONDS., AND NOTICES TO OFFERORS -

H SPECIAL CONTRACT REQUIREMENTS - M EVALUATION FACTORS FOR AWARD -

OFFER

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all itmes upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

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

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

15A. NAME AND

ADDRESS OF

OFFEROR

DUNS: (Type or print)

15B. TELEPHONE NUMBER

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

See Schedule

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C 23004(c) ( ) 41 U.S.C 253(c) ( ) 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

24. ADMINISTERED BY CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER(Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

(Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official writen notice. (Must be fully completed by offeror)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Period: 5 Years. Cafeteria Concessions Services.

SHIP TO:

300 SPRING GARDEN STREET

PHILADELPHIA PA 19123-2932

Period of Performance: 07/24/2010 to 07/23/2015

1.00 LS

OPT

0002 Option Period 1: 5 Years Cafeteria Concessions

Services.

SHIP TO:

300 SPRING GARDEN STREET

PHILADELPHIA PA 19123-2932

Period of Performance: 07/24/2015 to 07/23/2020

1.00 LS

OPT

0003 Option Period 2: 5 Years Cafeteria Concessions

Services.

SHIP TO:

300 SPRING GARDEN STREET

PHILADELPHIA PA 19123-2932

Period of Performance: 07/24/2020 to 07/23/2025

1.00 LS

B. SERVICES, ORDERING AND PRICES

SECTION B - SUPPLIES OR SERVICES AND PRICES

1. Description

A. The contractor shall establish and operate service facilities at the Mid Atlantic Social Security Center (MATSSC), 300 Spring Garden Street, Philadelphia, PA, 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.

B. The contractor shall provide all management, supervision, labor, materials, supplies and equipment (except as otherwise provided), and shall plan, schedule, coordinate and assure effective performance of all services described herein.

C. The contract is being solicited as a 5 year contract commencing on the day specified in the Notice to Proceed. At the option of the CO, it may be extended for two consecutive 5 year options. In no event shall the contract period as extended, exceed a period of 15 years from the beginning date of the original contract.

D. It is GSA’s policy that cafeteria/concession contracts are to be operated on a profit-and-loss basis. The Governement contemplates award of a no-cost Firm-Fixed-Price contract.

The North American Industry Classification System Code (NAICS) is 722310.

2. Terms of Contract

A. Accounting Terms

The definitions of accounting terms are defined on the GSA Form 2817, Monthly Profit/Loss Statement.

B. Profit and Administrative Expenses

The contractor shall maintain the menu price structure in such a manner so as to result in a combined net profit and administrative expenses of not to exceed 10% of net sales from the operation on an average annual basis the full term of the contract.

C. Excess Profit and Administrative Expenses

It is the intent of this contract that any excess of allowable profit or administrative expense be reflected in lower food cost to the patrons. If however, at the expiration or termination of the contract, the audit shows that the 10% combined net profit and administrative expense authorized is exceeded, such excess shall be payable to the Government. If the audit shows that less than 10% net profit and administrative expense accrues to the contractor, or that the contractor actually incurs a loss, the contractor shall absorb such deficit or less and the Government shall not in any way be liable therefore.

3. Pricing of Options

A. Offerors shall adhere to the option requirements for the additional option periods by assuming that the minimum hourly wages and fringe benefits established by the Administrator, Wage and Hour Division, U. S. Department of Labor, for the initial five-year period of performance will apply to the additional option periods. The minimum wage rates and fringe benefits applicable to the initial five-year period of performance are outlined in Wage Determination No.

Wage Determination No.: 2005-2449, Revision 8, dated 07/01/2009.

B. In the event the option(s) is (are) exercised by the Government, the contractor will adjust upward or downward wages and benefits at the time the option is exercised in accordance with the clause entitled FAR 52.222-43 Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts, in Section I of this RFP.

C. As a no-cost Firm-Fixed-Price Contract, no adjustment in the contract price will be made in the event any option(s) is (are) exercised by the Government.

4. Termination of contract.

(1) Convenience. Either party may terminate this contract without cause, by first giving the other party 180 days written notice of its intention to do so.

(2) Default. The Government may terminate the contract if the contractor defaults or fails to comply with the requirements of the contract and the contractor's rights under the contract and the occupancy of the Government premises shall end. The Government may reenter the premises held by the contractor, without demand or notice and any notice to which the contractor would otherwise be entitled would be waived. The contractor shall be responsible for losses and damages to the Government resulting from the contractor's default or failure.

(3) At the time of termination of this contract, or extensions thereof, all Government-owned equipment shall be returned to the Government in good condition, ordinary wear and tear excepted.

(4) The contractor may remove or dispose of his equipment and property, subject to any Government liens on such equipment and property to satisfy any claims against the contractor which are not satisfied by his warranty.

(5) Modification of contract. Modifications of the terms of the contract may be made by mutual agreement in writing between the parties. Any change, should result in equal benefit to both the Government and contractor.

(6) Adjustments. In the event the contractor is not realizing a reasonable profit or is incurring a loss, adjustments may be negotiated to permit a reasonable profit. For the purpose of this provision, a net profit of 4-6% will be considered a reasonable profit.

(7) Notes to Offerors

A. Services for Blind and Visually Impaired, the nominee agency for the State Licensing Agency (SLA) for the Blind under the provisions of the Randolph Sheppard Act, as amended, operates numerous vending machines within the building. Products sold by these facilities range from snacks (e.g.

chips) to cold beverages (e.g. soda). All vending machines are the responsibility of the SLA.

B. Right is reserved to use dining areas and other public spaces at other than serving periods, for meetings of Government employees or other assemblies, provided, that after each such use the space will be cleaned and rearranged without expense to the operator.

C. DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

1. Scope of work. The contractor shall establish and operate in the contractor's name, the food service facilities as shown in section C.2 below, for the purpose of dispensing food, nonalcoholic beverages, and other items as may be authorized by the Contracting Officer (CO), in accordance with all terms and conditions specified herein. This cafeteria is to be operated for the benefit of approximately 1500 employees who will be occupants in the buildings.

a. Building Location.

Mid Atlantic Social Security Center (MATSSC)

300 Spring Garden Street Philadelphia, PA

b. Building Population.

The cafeteria is to be operated for the benefit of approximately 1500 employees.

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

2. Description of facilities.

Cafeteria (s):

a. Area and location in the building.

The cafeteria is located on the 1st floor and is approximately 7,042 square feet (3,910 for the kitchen and serving/3,132 for seating).

b. Seating Capacity.

The seating capacity for the cafeteria is 200.

c. Vending Machine Services:

Vending machine services at this facility are provided by the Randolph Sheppard Operator located on the 4th floor. Vending machines are located on the 2nd floor.

d. Vending Stands/Snack Bars:

There is currently one snack bar located in the MATSSC. It is operated under a license with the in the Randolph-Sheppard Program under the state of Pennsylvania. The facility is located on the 4th floor of the MATSSC. The Randolph-Sheppard Program is administered by:

PA Department of Labor and Industry Office of Vocational Rehabilitation-BBVS 1521 North 6th Street Harrisburg, PA 17102 Phone (717) 787-3667 Attention: Robert Anderson

The cafeteria should not sell items being sold in vending machines or blind stands operated by the SLA. Examples of these items are canned sodas, candy bars, popcorn, and potato chips. The cafeteria contractor may sell bulk chips with sandwiches. The Contracting Officer will have final authority on what may be sold.

3. Tentative occupancy schedule and Past Sales History.

Tentative Occupancy: July 24, 2010.

Past Sales History (FY 2009) $408,125.00

These dates and figures are estimates furnished as information only to guide the cafeteria contractor in establishing the operation. The Government shall not be held responsible for any variation from this information.

4. Hours of service.

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

Breakfast: 6:00am to 9:30am AM Break (Light Snacks): 10:00am to 11:00am Luncheon: 11:00 to 1:30pm PM Break (Light Snacks): 2:00pm to 3:00pm

b. Modification to service schedule. Any request for modifying the hours or days of service shall be submitted for approval of the CO. Service schedule may be adjusted and negotiated with the contractor by the CO as necessary to accommodate the requirements of the occupying agency.

Evening meals and/or service on Saturdays, luncheon meetings, and special functions, may be required periodically by the occupant agency and shall be negotiated with the contractor by the CO.

5. Responsibilities of the contractor. The contractor shall provide prompt, efficient, and courteous service, and avoid undue interference with the operation of buildings in which services are provided. Licenses and permits shall be obtained as required by State and local authorities, and all applicable building, health, sanitary, and other regulations and laws shall be observed. The contractor shall employ sufficient and suitable personnel, 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, cost, or other charge incident to or resulting from operations under the contract. This includes payments to the Government as required in these Special Contract Requirements. Reasonable care shall be exercised in the use of space and Government-owned equipment and, upon contract termination, the contractor will yield such space and equipment in as good condition as when received. This excludes ordinary wear and tear, and damage or destruction beyond the contractor's control and not due to the contractor's fault or negligence.

a. Service. The contractor shall operate and manage the cafeteria in the MATSSC and any franchise right, sale, transfer, merge or deviation shall be brought to the attention of the CO and all terms negotiated.

The contractor will provide busing service to remove any remaining items from the tables.

The Contractor will assure that tables and chairs are cleaned before each patron is seated. Tables will also be sanitized at the conclusion of the business day.

At the conclusion of the business day, the Contractor will stack all the chairs up-side-down on the tables to allow SSA to vacuum the carpet.

Before starting the business day, the Contractor will ensure that the chairs are stacked neatly around the tables; all tables must be aligned and butted together according to an arrangement approved by the building manager.

The contractor will provide post consumer recycled paper napkins. Where feasible the Contractor shall minimize or avoid the use of Styrofoam products. Recyclable cups/lids shall also be provided for individual carryout service for beverages.

In connection with the sale of refreshments for special occasions, the contractor will be required to furnish thermal jugs, containers for sugar and cream, paper napkins, paper cups, and plastic spoons.

The contractor will also provide catering services for office/conference room functions.

b. Menus shall be the responsibility of the contractor to provide a variety of quality prepared foods that meet business and industry standards. In conjunction with providing healthful eating habits, the contractor shall comply with and support the Dietary Guidelines for Americans 2005 and all subsequent revisions (i.e., offer foods low in total fat, saturated fat, cholesterol, sodium, and sugar; such as, lean meats, low-fat dairy products, vegetables, fruits, and grain products). The contractor shall use only vegetable oils low in saturated fats and in minimal amounts in their recipes;

and in deep frying, pan frying, grill frying and baking. The quality and appearance of food on each operating day shall be consistent with approved food service industry standards for comparable “business and industry” cafeterias. The contractor shall give menu change notice to the patrons with easy-to-read menus with prices listed and prominently displayed. Menus shall be posted at or near the food service entrance as well as near the service points.

The Contractor shall provide a variety of food in the cafeteria on each operating day and shall be consistent with approved food service industry standards for comparable “business and industry” cafeterias/food-courts.

The contractor shall provide the following minimum number of daily items under each food category:

BREAKFAST: LUNCHEON: MISCELLANEOUS:

2 Meats 2 Entrees 3 Fruits 3 Eggs 2 Vegetables 2 Bread/rolls

6 Other items 1 Made-to-specials 2 Pastries 1 Sandwiches 4 Grilled Items 3 Desserts

1 Made-to-specials Deli Variety Sandwiches/MTO

5 Beverages

12 Salad bar items 2 Soups

4 Self-Serve items 0 Self-Serve items

(1) Menu Price. It shall be the responsibility of the contractor to provide products and service at market competitive rates or better as compared to area business and industry.

c. Equipment and utensils provided by the contractor. The contractor shall provide all required equipment and utensils not provided by the Government under the provisions of Responsibilities of the Government, paragraph 6. The contractor shall maintain required quantities and replace such equipment and utensils when necessary because of loss, wear, breakage, or obsolescence.

(1) All items 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 Government. All equipment furnished by the contractor shall be subject to approval of the Government.

(2) A physical inventory with item prices shall be made of all equipment provided by the contractor. An approved copy signed by the CO or his authorized representative shall be filed with the contract.

(3) The contractor shall provide all necessary food service equipment and utensils of the general character listed below, and shall replace such equipment and utensils when necessary because of loss, wear, depreciation, or obsolescence:

Cash registers Containers and cans, all types Dispensers, napkins Furniture, office Inserts, steam table and counters Machines, office and cash handling Menu boards, letters, price markers Plastic ware Racks, storage Safe Scales, food preparation, bulk and serving Sharpeners Trays Utensils and kitchenware Variety of cups for hot and cold beverages (disposable type)

(a) The contractor shall provide preset totalizer electronic cash registers which will perform the following functions: Data entry display, printing, audit control, storage of operating totals automatic tax, multiplication and other computations. The contractor shall provide a complete description, including catalog cuts and other descriptive literature, of the registers they propose to furnish. Any special utility provided by the Government, such as a dedicated electrical service line shall be noted in conjunction with the catalog cut sheets.

(b) The Social Security Administration (SSA) will provide all trash receptacles in the service and kitchen area. These shall be constructed 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 swing-tops. All cardboard will be placed in the area designated, by the Building Manager, for baling and all other trash (unless specified otherwise) will be placed in the area designated by SSA.

(c) The operational use and expense of a vehicle is authorized only when specifically approved in writing by the CO or as a requirement of the contract.

d. Food quality. The contractor shall serve tasty, appetizing, and quality food in accordance with industry standards. All foods served shall be free from adulteration and misbranding. Uncooked items, such as fresh fruits, shall be clean and free from blemish. All foods shall when served, be attractive in appearance and be crisp, moist, dry, tender, etc., as may be appropriate in each case.

e. Sanitation and Quality. The contractor shall serve tasty, appetizing, fresh and quality food, under clean and sanitary conditions in accordance with the provisions and recommendations contained in the most current Food Code, U.S. Public Health Service (FDA). The Food Code is available at the following website: http://www.cfsan.fda.gov/~dms/foodcode.html. All foods served shall be wholesome and free from spoilage, free from adulteration and misbranding and safe for human consumption. Food must meet business and industry standards of quality and nutrition, and comply with U.S. Dietary Guidelines on lower fat, cholesterol, sodium, sugar, calorie, and adequate starch and fiber content. Uncooked items, such as fresh fruits, shall be clean and free from blemish. All foods shall, when served, be attractive in appearance and correct in temperature and consistency. They shall be crisp, moist, dry, tender, etc., as may be appropriate in each case.

All employees assigned by the contractor to perform work under this contract shall be physically able to do their assigned work and shall be free from communicable diseases. The most current U.S. Public Health Service's, Food Code, and all local codes and regulations relating to food service sanitation and procedures shall be adhered to by the contractor at all times. All contractor personnel shall have completed the Serve Safe course administered by the National Restaurant Association and Hazard Analysis Critical Control Point training.

f. Personnel and supervision

(1) The contractor shall employ sufficient personnel to maintain sanitary conditions and satisfactory service that will ensure prompt and efficient service at all times. All employees shall be conscientious, neat, and courteous. The contractor must at all times provide an adequate staff of food service employees to perform the varied and essential duties inherent to a successful food service operation.

(2) The contractor shall employ a full time, onsite manager who possesses the necessary qualifications to supervise the cafeteria effectively. The contractor’s manager will be delegated the authority integral to the day-http://www.cfsan.fda.gov/~dms/foodcode.html� to-day effective operation of the cafeteria relative to personnel supervision and training, menu planning, purchasing, cost control, sanitation, etc. The contractor’s manager will be replaced, on 30 days notice, upon request of the CO for operational deficiencies determined to be a result of inferior direct management. For general oversight, a representative of the contractor, other than the manager, shall visit the facility periodically, as scheduled with the Government. In addition the contractor executive representative shall visit the facilities to adjust matters requiring attention upon 48 hours advance notice from the Government. The onsite manager is subject to the approval of the Government. A resume shall be submitted to the Government for the onsite manager.

(3) The contractor's employees shall wear a distinctive item of clothing such as a uniform or smock as a means of identification. All employees shall wear hairnets and/or head covers during the time they are performing their duties in the building. Legible nameplates identifying each employee and managers shall be provided by the contractor and displayed as part of the uniform.

(4) The contractor's employees shall be required to change their clothing in the locker rooms located in the rear of the kitchen area and to maintain the rooms in a neat and clean condition.

(5) Employees of the contractor shall be fully capable of performing the type of work for which they are employed.

(6) The contractor must provide adequate, trained relief personnel to substitute for the regular employees when they are absent in order to maintain a high quality food service operation at all times.

(7) The contractor's employees shall be given a copy of the emergency procedures to follow in the event of fire or other emergency.

(8) 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.

(9) 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 and sanitation. Copies of the schedule for the employee training program shall be furnished to the COTR. All certificates given for completion of training programs will be furnished to the COTR as evidence of training. Plastic gloves will be worn at all times while employees are involved in serving or preparing food.

(10) 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 Building Manager's office as lost and found items.

g. Trash removal.

The contractor will collect all trash associated with the kitchen operation twice daily and remove it to a designated trash (dumpster, bin, etc.) container as approved by the Building Manager. SSA will provide trash removal for the seating area twice daily.

h. Contractor performed repairs.

The contractor has no repair requirements for Government-owned equipment.

i. Contractor performed maintenance.

The contractor has no Preventive Maintenance requirements for Government-owned equipment.

j. Contractor Operational Improvement.

The contractor has no Operational Improvement requirements for Government-owned equipment.

k. Cleaning and janitorial services.

The contractor agrees to furnish all labor, supplies, materials, equipment, and supervision sufficient to maintain the cafeteria kitchen or food preparation area in a clean, orderly, and sanitary condition at all times. SSA will clean the front server (not the food prep area) and vacuum the seating area.

(1) The contractor shall submit to the Building Manager the brand name or manufacturer of any materials proposed for use in connection with the work of this contract, before beginning work. The Building Manager may reject any material considered unsuitable for the purpose, or harmful to the surfaces to which it is applied.

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

(3) SSA shall be responsible for the maintenance of the floors. This does not include daily cleaning of the kitchen floor, which is the responsibility of the contractor.

(4) Cleaning and janitorial services shall be performed on a regular schedule and shall meet the highest standards of sanitation common to the food service industry. The following cleaning schedule is shown as a guide but does not limit the contractor responsibility to keep the area clean.

Daily.

Sweep and damp mop kitchen, including walk-in refrigerators.

Spot clean tile walls and posts in kitchen areas.

Damp wipe all doors and door windows.

As required, empty trash and rubbish cans designated by the Building Manager.

Clean trash receptacles, trucks, carts, and dollies.

Clean coffee urns, beverage dispensers, counters, etc.

Clean tray rails, and glass sneeze guards over serving line.

Weekly.

Clean mobile equipment.

Clean hood exterior surfaces up to and including deflector baffles filters in the kitchen. Deflector baffles shall not be removed by the contractor.

(5) Failure to keep any of the facilities in a clean condition may result in the withdrawal of the privilege of using such facilities or the CO may have the facility cleaned by other means and the cost of such work charged to the contractor.

l. Security areas. The contractor shall comply with the onsite building security plan and be responsible for security of all areas under the contract.

Designated employees shall have the responsibility for determining that all equipment has been turned off, that windows are closed, lights are turned off, and doors locked when the cafeteria is closed. This should be a matter of a daily report to the Guard Office upon leaving the building. The Building Manager shall have access to all areas under this contract 24 hours a day. A key shall be available for emergency use only in the building security office.

m. Hazardous conditions. In addition to paragraph (f) of the Service Contract Act of 1965 (as amended January 2006), the contractor shall be responsible for the correction 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.

n. Liability. The Government will not be responsible in any way for damage or loss occasioned by fire, theft, accident, power outage 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.

o. Fire and civil defense drills. The contractor shall comply with the onsite-building plan and notify the fire department in the event of fire. All of the employees of the contractor shall be organized and trained to participate in fire and Civil Defense drills including the reporting of fires.

p. Records &Reporting requirement. The contractor shall maintain such accounting records in connection with operations under this contract as are satisfactory to the CO. The contractor shall take all necessary precautions to assure that all income received from any source is immediately recorded through cash register sales tickets and that all expenditures are supported by appropriate vouchers.

(1) Routine monthly (or four week) statements. The contractor shall furnish copies of the monthly (or four week) profit and loss statement to the CO and the program office: GSA, Mid Atlantic Region, The Strawbridge Building, 20 North 8th Street, 8th Floor, Philadelphia, PA 19107-3191 within thirty (30) days after the end of the monthly (or four week) accounting period. The profit and loss statement shall be submitted on GSA Form 2817, monthly (or four week), Profit/Loss Statement or a substantially similar report. The CO or representatives shall, as required and necessary, examine all phases of the financial operation of the cafeteria. The contractor shall take periodic physical inventories of all food stocks on hand at least once each quarter.

(2) 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 CO and the program office. The purpose of this requirement is to place greater emphasis on the contractor's responsibility to submit accurate and timely reports, while significantly reducing the need and frequency of administrative contract audits by agency personnel. The contractor is requested to provide annually the following information (non-certified) relating to patronage and sales:

Schedule Time Daily Patronage Check Average Breakfast A.M. Break

Luncheon P.M. Break other (describe)

q. Operating expenses.

(1) The contractor is permitted to incur the usual type of operating expenses for cafeteria services. 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. These expenses may include, but are not limited to:

(a) The cost of food sold.

(b) Salaries and wages.

(c) Janitorial services.

(d) Repairs and preventive maintenance to contractor owned equipment.

(e) Depreciation.

(f) Telephone service.

(g) Laundry.

(h) Postage.

(i) Insurance.

(j) Transportation of goods.

(k) Payment to the Government.

(1) Supplies and materials.

(m) Rentals of equipment (only when approved in writing by the Contracting Officer).

(n) Workman's compensation.

(o) Payroll taxes.

(p) Other taxes and licenses.

(q) Employee benefits.

(r) Cost of decorations, posters, advertising handouts, etc., promoting special occasions or holidays. All activities shall be confined to the cafeteria or areas designated by the property manager.

(2) 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:

(a) Payroll computations and disbursements of employee salaries.

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

(c) Accounting expenses, including costs of preparing financial reports.

(d) Supervision of facilities by contractor's home office personnel.

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

(f) Home Office management costs, such as general management overhead, transportation of management personnel, and any other indirect management costs, as related to this contract.

(g) Repairs necessary as the result of negligence of the contractor or his employees.

(h) Payment for forms and other supplies or stationery.

(i) Other expenses incurred without the approval of the Contracting officer.

r. Depreciation. The Contractor shall provide a depreciation schedule that is consistent with their proposal for contractor provided equipment, including small wares, for the CO approval. Upon the expiration or termination of this contract, the contractor agrees to offer for sale to the Government or a successor contractor, all small wares and equipment provided by the operator under this contract for an amount equal to the salvage value plus any non-amortized costs. The Government shall not be liable for such costs in the event it decides not to exercise its option to purchase or arrange for purchase of the aforementioned small wares and equipment.

6. Responsibilities of the Government.

a. Contract to operate the facility. The Government agrees to grant to the contractor the right to establish, manage and operate a cafeteria in the MATSSC to prepare and sell food, nonalcoholic beverages and such other products as the Government may authorize.

b. Vending stands. The Government reserves the right to permit the establishment of vending stands to be operated by the following State licensing agency under the Provisions of the Randolph-Sheppard Act (20 U.S.C. 107). The cafeteria will not sell items being sold in vending machines or blind stands operated by the SLA. Examples of these items are canned sodas, bottled sodas, candy bars, and potato chips. The cafeteria contractor may sell bulk chips and popcorn with sandwiches. The CO will have final authority on what may be sold.

c. Facilities. The Government will provide kitchen, serving, and dining space, heating, ventilation and air conditioning and the utilities for operations under the contract as indicated. It will provide adequate ingress and egress, including a reasonable use of existing elevators, corridors, passageways, driveways, and loading platforms. It will, as it deems necessary, provide:

(1) improvements and alterations to prepare or recondition assigned space for its intended purpose, including applicable sanitary requirements.

(2) maintenance and repair to building structure in cafeteria space, including painting and redecoration, the maintenance of water, steam, sewer, and electrical lines, ventilation, electrical lighting fixtures (including relamping); floors and floor coverings, walls and ceilings.

This excludes expenses of repairs necessary because of negligence on the part of the contractor or the contractor's employees.

(3) equipment as listed. The CO may expand, replace or reduce the equipment list, as the Government deems necessary. Subject to adequate maintenance and repair of equipment by the contractor (if required) the Government will replace component parts of, and make repairs to such equipment.

d. Government-owned equipment The Government will furnish for the contractor's use food service equipment that is constructed as part of the building and affixed to the structure. A detailed list of government furnished food service equipment is as follows:

Cafeteria Equipment (Government owned- furnished)

1 --- Special Equipment Stand 1 --- Hot Food Unit(electric) 1 --- Skeleton Unit 1 --- Salad Bar 1 --- Beverage Stand 2 --- Fryer's(electric) 1 --- Conveyor Toaster 1 --- Ice Machine 2 --- Automatic Slicer 2 --- 2 Door Freezers 2 --- 3 Door Freezers 1 --- One Door Refrigerator 1 --- Grill(electric) 1 --- Bench Type Mixer 1 --- Food Cutter with Hup 1 --- Two Section Refrigerator 1 --- Tilting Braising Pan 1 --- Open Dairy Merchandiser 1 --- Deli Case 1 --- Bistro Grill 1 --- Flat Top Range

1 --- Double Deck Convection Oven 1 --- Kettle Steamer 1 --- Walk-In Cooler

7. Rights and authority of the Government.

a. Approval. At anytime, the Government shall have the right to send its representative into space assigned for contract use, for inspection or other purposes approved by the CO. All phases of the contract operations shall be subject to the review and approval of the CO, including the detailed provisions stated herein.

b. Public space. The Government reserves the right to use dining areas and other public spaces at other than serving periods, for meetings of Government employees or other assemblies. After each use the space will be cleaned and rearranged without expense to the contractor.

8. Restrictions.

a. Equipment. The contractor shall not remove, install, or operate any equipment not specified and permitted by the CO.

b. Patronage. The facilities are provided for the benefit and conveniences of Federal employees and patronage from other sources may be regulated by the Government.

c. Weekends and Federal holidays. No work shall be performed weekends or Federal holidays without prior approval of the CO.

d. Facilities. The contractor can only use this space for activities specified in the contract. The contractor may utilize centralized food preparation and storage sources located elsewhere.

D. PACKAGING & MARKING

D1. PAYMENT OF POSTAGE AND FEES

All postage and fees related to submitting information including, but not limited to, forms and reports to the CO or the COR, shall be paid by the Contractor.

D2. MARKING

All information submitted to the CO or the COR, shall clearly indicate the contract number of the contract for which the information is being submitted.

E. INSPECTION & ACCEPTANCE

E1. GOVERNMENT PERSONNEL ROLES AND PERFORMANCE EVALUATION

A. Contracting Officer - The Contracting Officer (CO) has the overall responsibility for the administration of this contract. The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules. However, the CO may delegate certain other responsibilities to CO’s authorized representative.

B. Contracting Officer’s Representative - The Property Manager is designated as the

Contracting Officer’s Representative (COR) to assist the CO in the discharge of the responsibilities when the CO is unable to be directly in touch with the contract work. The responsibilities of the COR include, but are not limited to: determining the adequacy of performance by the contractor in accordance with the terms and conditions of this contract; acting as the Government’s representative in charge of work at the site; ensuring compliance with contract requirements insofar as the work is concerned; and advising the CO of any factors which may cause delay in performance of the work.

C. Contractor Performance Evaluation -

The successful offeror on this contract will have their performance evaluated by GSA in accordance with the contract specifications. The evaluation will be used to determine suitability for future GSA contracts as well as future Option Periods included in this requirement.

The General Services Administration, Public Buildings Service, will use the Vendor Past Performance (VPP) module as the secure, confidential information management tool to facilitate the performance evaluation process. VPP enables a comprehensive evaluation by capturing comments from both GSA and the Contractor.

The Contractor shall provide the point of contact, including name and e-mail address, for the performance evaluation process to the Contracting Officer after notification of award. Contractor performance evaluations may be prepared by GSA on an interim basis, during contract performance; and will be prepared upon final completion of the contract.

The Contractor will receive an e-mail that contains a link that will enable the Contractor to review its evaluations and submit additional information, comments, or a rebutting statement. The Contractor shall have 30 days from receipt of the e-mail to submit commentary. GSA shall provide for review at a level above the Contracting Officer, for consideration of any disagreement between GSA and the Contractor regarding the performance evaluation. Based on this higher-level review, the individual at the level above the Contracting Officer will issue the ultimate conclusion on the performance evaluation.

Copies of the evaluations, contractor responses and any final higher-level determination will be retained as part of the contract file, and may be used by Federal agencies to support future award decisions.

E2. INSPECTIONS

A. Facilities operated under the contract will be inspected periodically by representatives of the Government and, when circumstances warrant, by representatives of local health departments. After each inspection, the operator will be advised of unsatisfactory conditions for which his/she is responsible. Deficiencies thus reported shall be corrected by the operator in a timely period specified by such inspections or written justification for an extension of not more than one (1) full day.

B. The Government shall have the right to send its representative into areas assigned for the operator's use, at anytime, for inspection or other purposes approved by the CO.

C. The contractor will be subject to a periodic, unannounced audit of the food service facilities by a representative of the CO. The audit shall specifically include a comprehensive review of:

(1) Service quality, attentiveness, courtesy and similar factors.

(2) Food quality, presentation and merchandising.

(3) Sanitary practices and conditions.

(4) Personnel appearance

(5) Training program techniques, schedules and records.

(6) Safety conditions

(7) Menu compliance

(8) Portion sizes submitted in proposal

(9) Cash register tapes and sale records.

E3. FAR 52.246-4 INSPECTION OF SERVICES – FIXED PRICE (AUG 1996)

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

B. The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

C. The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

D. If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

E. If any of the services do not conform to contract requirements, the Government may require the Contractor 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 Government may:

1. Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

2. Reduce the contract price to reflect the reduced value of the services performed.

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

1. By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

2. Terminate the contract for default

F. DELIVERIES OR PERFORMANCE

F1. PLACES OF PERFORMANCE

The service to be provided under this contract shall be accomplished at the building(s) listed below.

Mid Atlantic Social Security Center (MATSSC) 300 Spring Garden Street Philadelphia, PA

F2. TERM OF CONTRACT

Approximately thirty (30) days calendar days after notice of Award, the contractor shall organize the business, procure necessary equipment and have a complete organization ready to begin full operation as provided herein. The contract shall be for a period of five years effective the date of the Notice to Proceed.

Following is a listing of the periods of performance under the contract:

BASE PERIOD: 5 Years

OPTION 1 PERIOD: 5 Years OPTION 2 PERIOD: 5 Years

The anticipated period of performance for the Base Period is July 24, 2010 through July 23, 2015.

F3. OPTIONS

F.3.1 OPTION TO EXTEND THE TERM OF THE CONTRACT.

The Government shall have the unilateral option of extending the term of this contract for 2 consecutive additional periods as indicated in paragraph F2 above. Refer to FAR 52.217- 9, Option to Extend the Term of the Contract, located in Section I. The terms and conditions contained in the contract shall apply to each option exercised. Options shall be exercised in accordance with FAR Clause 52.217-9.

The exercise of options is a Government prerogative, not a contractual right on the part of the contractor. If the Government exercises the option(s) within the prescribed time frames, the contractor shall be bound to perform the services for the option period(s) or be subject to the default provisions of the contract.

F.3.2.OPTION TO EXTEND SERVICES.

If it is determined by the Government that for administrative, technical, legal or other reasons, award of a successor contract cannot be made on a timely basis, the Government shall have the unilateral option of extending the services of this contract.

Such notice of intent to extend service shall be given to the contractor in writing at the earliest possible time, but not less than 15 days prior to the contract expiration date (see FAR Clause 52.217-8, “Option to Extend Services,” located in Section I).

It is understood that exercise of this option will be only for sufficient time to complete award and/or give notice to proceed to the follow-on contractor, and that extension of service shall in no event exceed 6 months.

F4. RECOGNIZED HOLIDAYS

The holidays identified herein are recognized by the Government. Should a holiday fall on a weekend, the day designated by GSA (Government) shall be recognized as the holiday.

A. New Year’s Day F. Labor Day B. Martin Luther King Day G. Columbus Day C. President’s Day H. Veteran’s Day D. Memorial Day I. Thanksgiving Day E. Independence Day J. Christmas Day

F.5 FAR 52.242-15 STOP-WORK ORDER (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor 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 Contractor,…