Amendment 0001_RFP revsied 12-08-10.pdf

NSN 7540-01-152-8070 STANDARD FORM 30. (Rev. 10-83) Previous Edition unusable Prescribed by GSA FAR (48 CFR) 53.243

Page of Pages

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. Contract ID Code

2. AMENDMENT MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (if applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than item 6) CODE

(x)

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

8. NAME AND ADDRESS OF CONTRACTORY (NO., Street, Country, State and ZIP Code)

CODE FACILITY CODE

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning ______ copies of amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OR OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

Check One A. THIS ORDER ID ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible)

Except as provided herein, all terms and conditions of the document referenced in item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR 16B. UNITED STATES OF AMERICA

(Signature of person authorized to sign)

15C. DATE SIGNED

(Signature of Contracting Officer)

16C. DATE SIGNED

1 2

0001 DEC 08, 2010

3PQCB

GSA CONTRACTS OPS BRANCH-MARYLAND SECTION

THE STRAWBRIDGE BLDG -3PQCB

20 NORTH 8TH ST

PHILADELPHIA PA 19107-3191

See Block 6

GS-03P-11-DX-C-0006

DEC 03, 2010

è è

See Schedule

PAGE 1 OF 1 GS-03P-11-DX-C-0006/0001

Social Security Administration Metro West Facility Cafeteria/Concession Services

The RFP posted on FedBizOpps on 12/03/2010 is hereby replaced by the attached revsied RFP dated 12/08/2010.

As a reminder, any contractor planning on attending the 12/15/2010 Pre-proposal Conference must contact the GSA Contract Specialist, Breean Daley at breean.daley@gsa.gov by 12/10/2010 with the following information:

1.) Names of all individuals attending 2.) Company name of all individuals 3.) Model/Make of all cars 4.) License plate number of all cars

The date for receipt of proposals remains January 5, 2010 12:00 PM. EST

Cafeteria/Concession Services GS-03P-11-DX-C-0006

SOLICITATION FOR OFFERS

SOLICITATION NUMBER: GS-03P-11-DX-C-0006

TITLE: Cafeteria/Concession Services

LOCATION: Social Security Administration 300 North Greene Street Baltimore, Maryland, 21290

ANTICIPATED

PERFORMANCE PERIOD: 03/01/2011 -02/29/2012 – BASE PERIOD

For a base period of one (1) year with the possibility of four (4) 1-year option periods, for a potential contract period total of five (5) years.

RFP DUE DATE AND TIME: 01/05/2011

12:00 PM EASTERN STANDARD TIME

The proposal due date is firm and will not be extended under any circumstances.

SUBMISSION REQUIREMENTS: One (1) Original Proposal Four (4) Copies One (1) Compact Disc of the Entire Proposal

SUBMIT PROPOSAL TO: GENERAL SERVICES ADMINISTRATION

ATTN: Ms. Breean Daley

THE STRAWBRIDGE BUILDING

20 NORTH 8TH STREET, 9TH 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

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-11-DX-C-0006

SEALED BID (IFB)

NEGOTIATED (RFP)

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

GSA CONTRACTS OPS BRANCH-MARYLAND SECTION

THE STRAWBRIDGE BLDG -3PQCB

20 NORTH 8TH ST

PHILADELPHIA PA 19107-3191

GSA CONTRACTS OPS BRANCH-MARYLAND SECTION

THE STRAWBRIDGE BLDG -3PQCB

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 12:00

PM ET

local time JAN 05, (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

Breean Daley

B. TELEPHONE (NO COLLECT CALLS)

215-446-4533

C. E-MAIL ADDRESS

breean.daley@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

Submission Requirements:

One (1) Original Proposal Four (4) Copies One (1) Compact Disc of the Entire Proposal

B. SERVICES, ORDERING AND PRICES

1. Description of services. The contractor shall establish and operate a foodservice facility described herein for the purpose of dispensing food, nonalcoholic beverages, and such other items as may be authorized by the GSA Contracting Officer (CO) in accordance with the terms and conditions of this contract.

2. Terms of contract.

a. 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.

b. Payment to the Government.

The contractor shall pay to the Government one and one half (11/2) percent of gross sales minus sales taxes.

(1) This payment shall be made monthly, in arrears; the first payment shall be made not later than thirty days after the end of the first month of operation. This payment to cover the first month's operation or fraction thereof. Payment shall be by check made payable to the General Services Administration, and mailed or delivered to:

General Services Administration P. 0. Box 301511 Los Angeles, CA 90030-1151

(2) The check shall be marked, “concessions check” identified with the contract number and the month for which the payment is being made. A copy of the check shall be forwarded to the Contracting Officer. Accompanying the check shall be a brief statement indicating the net monthly sales, the month for which the payment is being made, and the contract number.

(3) Any monies due the Government upon the expiration of the contract must be paid in conjunction with the submission of the final monthly Profit/Loss Statement. The contractor is granted a period of ninety days from the date of the last day of operations under the contract to submit his final statement.

c. Contract period. The specific beginning date is to be designated by the CO. The contract shall have a one (1) year base with the possibility of four (4) 1-year options.

(1) The CO shall give a written notice to the contractor at least 60 days before the contract, or any extensions thereof, would otherwise expire.

(2) Approximately 30 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.

(3) FAR 52.217-8, Option to Extend Services, shall be included in the contract to extend services for a period, not to exceed six (6) months for administrative purposes. The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once. The Contracting Officer may exercise the option by written notice to the Contractor at least 15 calendar days before the contract expires. Please refer to “Additional Contract Clauses” for more information.

d. Termination of contract.

(1) Convenience. Either party may terminate this contract without cause, by first giving the other party 180 calendar 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.

(4) 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.

(3) 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.

e. Modification of contract. Modifications of the terms of the contract may be made.

f. 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. Adjustments shall be allowed on an annual basis.

C. DESCRIPTION/SPECIFICATION/STATEMENT OF

WORK

1. Scope of work. The contractor shall establish and operate in the contractor's name, the food service facilities as shown in C.2. below, for the purpose of dispensing food, nonalcoholic beverages, and other items as may be authorized by the CO, in accordance with all terms and conditions specified herein. This cafeteria is to be operated for the benefit of approximately 1900 employees who occupy the Social Security Administration, Metro West Facility located at 300 North Greene Street, Baltimore, Maryland, 21290.

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 over the contract period.

2. Description of facilities.

a. Area and location in the building.

The cafeteria is located on the 3rd floor of the main building and consists of a dining area of approximately 13,500 square feet and kitchen area of approximately 10,300 square feet.

b. Seating Capacity. The current seating capacity is 500 seats.

c. Vending Machine Services: Vending machine services at this facility are provided by the Randolph Sheppard Operator.

d. Vending Stands/Snack Bars:

The Vending Services are operated under a permit with the Randolph-Sheppard Program under the state of Maryland. The Randolph-Sheppard Program is administered by the following State Licensing Agency (SLA):

Maryland State Department of Education Division of Rehabilitation Services Maryland Business Enterprise Program for the Blind (MDBEPB) 2301 Argonne Drive Baltimore, MD 21218 Phone (410) 554-9452 Attention: Barton Peeples

The cafeteria shall not sell items being sold in vending machines or blind stands operated by the SLA. The COR will have final authority on what may be sold.

3. Hours of service.

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

Breakfast 6:00 a.m. to 10:30 a.m.

Lunch 11:00 a.m. to 2:30 p.m.

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 agencies.

4. 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 name as shown on the subsequent contract and any franchise right, sale, transfer, merge or deviation shall be brought to the attention of the CO and all terms negotiated. NOTE: Special occasions are not a part of this contract.

The contractor will provide busing service to remove any remaining soiled dishes after patrons have removed trays, dishes and utensils from tables.

The Contractor will assure that tables and chairs are cleaned before each patron is seated.

The contractors will provide post consumer recycled paper napkins in GSA food service facilities. Recyclable/biodegradable cups/lids shall also be provided for individual carryout service for beverages where feasible. SPECIAL NOTE: GSA encourages the use of recycled and biodegradable materials wherever possible on this contract. The contractor shall make every effort to utilize post consumer recycled supplies and materials in the performance of this contract.

b. Menu Prices. 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. The menu, price and portions as submitted in the contractor's proposal shall be binding upon the contractor.

l) Contractors may submit request for price adjustments using a percentage increase by menu category method. Any change in menu, price, or portion including additional items for sale shall be submitted for approval of the CO, via Federal Express. Adjustments shall be allowed on an annual basis.

(2) This method of requesting a price increase is simple and direct; a minimum of documentation and/or justification is required by either the contractor or the CO. The contractor can identify a menu category which he had determined is (are) under priced. The categories of menu items can be identified as entrees, vegetables, beverages, soups, desserts, etc. The identification could also be more specific as beef, frozen juice, dairy products, etc.

(3) The contractor simply requests blanket authority to increase a category by a specific percentage figure or specific amount he has determined to be necessary to maintain viable operation, including the realization of a reasonable profit.

(4) No price increases will be approved for the first year of the contract, with the exception of the incorporation of a union agreement. In any given contract year, price increases that exceed 10% per item shall not be approved.

(5) No menu change shall be in effect until notice has been made by the contractor; to the customers, with a brief statement of cause, and to the CO, with a new menu, price and portion. Customers are required to receive notice of menu changes and price increases fourteen (14) calendar days prior to the effective date.

d. 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,. 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 but not limited to, as listed below:

Equipment See notes below:

Variety of cups for hot and cold beverages (a)

Containers and cans, all types

Dispensers, napkins

Furniture, office

Glassware

Machines, office and cash handling

Menu boards, letters, price markers

Storage racks (b)

Safe

Food preparation

Sharpeners

Silverware

Trash receptacles (kitchen prep area) (c)

Trays

Utensils and kitchenware

(a) It is incumbent upon the contractor to verify types and sizes and capabilities of Government furnished dispensing equipment and to provide the appropriate products to suit equipment. Also note type of dining table top sizes for trays.

(b) Ascertain the type and quantity of Government-owned dish machine and storage racks provided in the facility with relationship to contractor’s mode of service.

(c) 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 swing-tops.

(e) The operational use and expense of a vehicle is not authorized in this contract.

e. Food quality. The contractor shall serve tasty, appetizing, and quality food in accordance with industry standards. 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.

f. Sanitation. The contractor shall through proper food storage and preparation, serve food under clean and sanitary conditions in accordance with the provisions and recommendations contained in the Food and Drug Administration’s 2009 Food Code. All foods served shall be wholesome and free from spoilage and, safe for human consumption. All foods shall be held and served at the correct temperature.

(1) 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. The contractor shall adhere to the Food and Drug Administration’s 2009 Food Code and all local codes and regulations relating to food service sanitation.

(2) Vending machines are not part of this contract.

g. Personnel and supervision.

(1) The contractor shall employ sufficient personnel to maintain sanitary conditions and satisfactory service which will ensure prompt and efficient service. 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) Unless the Contractor, as an individual, serves as a full time manager, a full time manager shall be employed in each cafeteria operated under this contract. A representative, other than the above manager, shall visit all facilities periodically, at times agreed upon by the Government and the contractor for general supervisory purposes; and a representative of executive status shall visit the facilities to adjust matters requiring attention upon 48 hours advance notice from the Government. The contractor shall employ a full time, onsite manager who possesses the necessary qualifications to supervise the cafeteria effectively. If the on site manager does not possess the same qualifications stated in the contractor’s proposal, the Government has the right to have the manager replaced by serving a 30 day notice.* The contractor's manager will be delegated the authority integral to the day-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.

*The Contract Manager must show proof of his management skills in a facility this size and be Serv Safe certified.

(3) The contractor's employees shall wear a distinctive item of clothing such as a badge, cap, armband, blouse, or uniform as a means of identification during the time they are in the building.

The contractor's employees shall wear proper uniforms, including hair nets and/or head covers during the time they are performing their duties in the building. Legible name plates identifying each employee 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 provided for that purpose and to maintain the room 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 that a high quality food service operation will be maintained at all times.

(7) 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.

(8) 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.

(9) 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 Buildings Manager's office as lost and found items.

h. Trash removal.

The cafeteria contractor will contract for trash removal, as an operating expense at a frequency consistent with the volume of trash generated by the normal operation of the kitchen and serving areas, and the adequacy of the space designated by the Property Manager for the trash (dumpster, bin, etc.) container. The type of container service contracted will be in compliance with all Federal, State, and local environmental codes. Any exceptions to this provision must be directed in writing by the CO.

i. Contractor performed repairs.

The contractor shall adjust, repair, and continuously maintain in a satisfactory condition, all equipment and utensils used under the contract, regardless of whether provided by the Government or by the contractor. The contractor shall be responsible for the repair and the repair cost (material, parts, and labor) of each Government-owned equipment item not to exceed $1000.00 per repair. The contractor shall immediately perform these repairs whenever they are required and shall notify the PM 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 CO, or COTR. The contractor shall report to the CO any potential need of repairs where the cost of labor, parts and materials is expected to exceed $ 1000.00.

j. Contractor performed maintenance.

(1) The contractor is required to perform a preventive maintenance program on all Government-owned equipment in accordance with the manufacturer's suggested maintenance guide or the Government's maintenance guide for each individual piece of equipment.

(2) In the event the contractor does not have a maintenance department or qualified maintenance personnel, the contractor is required to contract with a qualified equipment maintenance source.

Failure of the contractor to perform preventive maintenance on the equipment may result in the Government obtaining the services of a recognized maintenance company and billing the contractor for such services.

(3) The contractor shall submit a draft Preventative Maintenance Plan with the Proposal based on the equipment List of government provided equipment.

(4) The contractor shall submit to the COR an annual preventive maintenance schedule.

During administration, the Contractor shall notify the COR within 72 hours after preventative maintenance is complete.

k. Cleaning and janitorial services.

(1) The contractor agrees to furnish all labor, supplies, materials, equipment, and supervision sufficient to maintain the cafeteria kitchen and serving, areas in a clean, orderly, and sanitary condition at all times. The cleaning products used should be bio-degradable or Green Seal labeled. The property manager shall be responsible for the maintenance of the dining room floors.

(2) The contractor is responsible to maintain cleaning of tables/chairs and clean up spills during the service hours of the contract.

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

(4) 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 Property Manager.

(5) The food service contractor shall be responsible for the maintenance of the floors and may subcontract with a qualified commercial cleaning contractor to accomplish this work.

(a) Resilient tile floors are to be spray buffed weekly and thoroughly stripped and waxed every three months. Alternate floor maintenance systems which will achieve the same results may be substituted subject to the approval of the CO.

(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 & serving area, including walk-in refrigerators.

As required, sweep, damp mop, & spray buff resilient tile & Vacuum carpet & spot clean.

Spot clean tile walls and posts in dining and kitchen areas.

Damp wipe all doors and door windows.

Clean rest rooms and locker rooms.

As required, empty trash and rubbish cans designated by PM.

Clean trash receptacles, trucks, carts, and dollies.

Clean dishwashers, coffee urns, beverage dispensers, counters, conveyor belts, etc.

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

Weekly:

Clean chairs and table pedestals.

Steam clean mobile equipment

Clean hoods exterior up to and including filters in kitchen.

Wash entire cafeteria receiving dock and trash room.

Spray wax and buff resilient floors.

Clean all portable fans.

Quarterly:

Strip and wax all resilient tile floors.

Semi-annually:

Perform high cleaning of pipes and louvers.

Clean the tile walls in kitchen and dining areas.

Clean all fans, and ventilators.

(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 and fans 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 Property Manager shall have access to all areas under this contract 24 hours a day. The contractor shall make access available with keys marked for emergency use only, sealed in an envelope and maintained in the building security office and with a copy to GSA building management.

m. Hazardous conditions. In addition to paragraph (f) of the Service Contract Act of 1965 (as amended), 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 to the contractor's stored supplies, materials or equipment, or the employees' personal belongings as a result of contractor negligence. Any personal injury or physical damage to the building or equipment resulting from fire or other causes shall be reported to the PM 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 [name and address] 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 Lunch

(3) Equipment records. The contractor shall give the CO a signed receipt for the Government-owned equipment listed in Part III Section J. List of Documents, Exhibits, and Other Attachment.

At the beginning of the contract period, the contractor shall submit to the CO a list of the equipment and utensils which the contractor will provide. Throughout the contract period the contractor shall maintain current records of all equipment and utensils used in the contract operation, properly indicating thereon all additions, replacements and removals. At the beginning of the contract period, the contractor shall submit to the CO a list of the equipment and utensils which the contractor will provide.

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 the Government and 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 interior of the building.

(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.

s. 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.

5. 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 Federal Building 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 State Licensing Agency under the Provisions of the Randolph- Sheppard Act (20 U.S.C. 107):

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 gas, water, steam, sewer, and electrical lines, ventilation, electrical lighting fixtures (including re-lamping); 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. Please see Section J. for Equipment List of Government Furnished Equipment

6. 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.

7. Restrictions.

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

b. Patronage. The facility is 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 on weekends or Federal holidays without prior approval of the PM.

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

1. Payment of postage and fees. All postage and fees related to submitting information including, forms, reports, etc., to the Contracting Officer (CO) or the contracting officer's representative (COR) shall be paid by the contractor.

2. 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

1. Government Inspection of Services. Services, as used in this contract, includes: services, workmanship, and material furnished or utilized in the performance of services.

a. 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.

b. 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.

c. If the contractor fails to provide services in compliance with the contract, the Government may by contract or otherwise, perform the services. The Government will charge to the contractor any cost incurred in performance of such service, or terminate the contract.

2. Inspections.

a. Facilities operated under the contract can be inspected periodically by representatives of the Government, including Federal, state and local health departments. The Contractor shall be advised of unsatisfactory conditions. Deficiencies shall be corrected and the results reported to the PM in a timely manner or written justification for an extension be made.

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, merchandising.

(3) Sanitary practices and conditions.

(4) Personnel appearance.

(5) Training program techniques, schedules and records.

(6) Safety conditions.

(7) Menu compliance, as indicated in the minimum acceptable menu profile.

(8) Portion sizes submitted in the business plan.

(9) Cash Register tapes and sales records.

3. Government personnel.

a. Contracting Officer. The CO, Nadya Popil, 20 North 8th Street, Philadelphia, PA 19107, 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 authorized representatives.

b. Contracting Officer's Representative. The COR is designated by the CO to assist in the discharge of the CO's 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. The COR acting as the Government's representative in charge of work at the site shall ensuring compliance with contract requirements and advise the CO of any factors which may cause delay in performance of the work.

c. Contract Inspectors. Contract inspectors are subordinates of the COR and are responsible for the day-to-day inspection and monitoring of the contractor's work. Contract inspector responsibilities are (but not limited to), ensure compliance, conduct inspections, documentation and written inspection reports, assure that all defects or omissions are corrected, conferring with representatives of the contractor regarding any problems encountered, and generally assisting the

COR.

F. DELIVERIES OR PERFORMANCE

1. Place of Performance. This cafeteria is to be operated for the benefit of approximately 1900 employees who occupy the Social Security Administration, Metro West Facility located at 300 North Greene Street, Baltimore, Maryland, 21290.

2. Term of Contract. The specific beginning date is to be designated by the CO. The contract shall have a one (1) year base with the possibility of four (4) 1-year options. In no event shall the contract period as extended, exceed a period of 5 years from the beginning date of the original contract.

(1) The CO shall give a written notice to the contractor at least 60 days before the contract, or any extensions thereof, would otherwise expire.

(2) Approximately 30 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.

(3) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor at least 15 calendar days before the contract expires.

G. CONTRACT ADMINISTRATION DATA

1. Payment

NOT APPLICABLE.

2. Records

The contractor shall maintain all accounting records and must comply with generally accepted accounting principles in connection with operations under this contract. The records shall be kept for a minimum of six years after the contract completion date.

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.

3. Cancellation Clause

This contract may be canceled unilaterally by either party under the following conditions:

- Cancellation under this clause is limited to total, not partial, contract cancellation and does not apply to individual task orders.

- The contract may be canceled, without cost, by either the contractor or GSA upon at least 180 calendar days written notice.

- Such a cancellation does not relieve the contractor for the obligation to perform work under this contract prior to the effective cancellation date.

- Such a cancellation will not provide any settlement costs to the contractor and will not result in any action by GSA to obtain reprocurement costs.

4. Final Payment

NOT APPLICABLE.

5. Evaluating Contractor Performance

The General Services Administration, Public Buildings Service, will begin using the Contractor Performance Assessment Reporting System (CPARS) modules as the secure, confidential, information management tool to facilitate the performance evaluation process. CPARS enables a comprehensive evaluation by capturing comments from both GSA and the contractor.

CPARS module: This module is used to create past performance evaluations on services procurements.

The contractor will receive several automated emails. Within thirty days of award, the contractor will receive an e-mail that contains user account information, as well as the applicable contract number(s) and evaluation module assigned. The contractor will have one user account set up that will allow access to all three modules.

Contractors are encouraged to visit:

http://www.cpars.csd.disa.mil/allapps/cpartrng/webtrain/webtrain_all.htm to sign up for the free on-line Contractor Overview training. This is a 2 hour training session specifically targeted to contractor users who will provide Past Performance Evaluation comments on PBS evaluations

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