RFP_GS-10P-13-LS-C-0010_Solicitation.docx

GS-10P-13-LS-C-0010

GENERAL SERVICES ADMINISTRATION

PUBLIC BUILDINGS SERVICE

NORTHWEST ARCTIC REGION

FACILITIES OPERATIONS SUPPORT BRANCH

SERVICE CONTRACTS TEAM (10PMMQ)

400 15TH STREET SW

AUBURN, WA

SHINGTON

98001 -6599

SOLICITATION NO: GS-10P-13-LS-C-0010

PROJECT: Concessions Services, Edith Green/Wendell Wyatt Federal Building, Portland, OR

PERIOD OF PERFORMANCE: 08/01/2013-07/31/2018

WITH TWO (2) FIVE-YEAR OPTION PERIODS

SOLICITATION ISSUE DATE: 05/20/2013

PROPOSAL DUE DATE/TIME: 06/20/2013

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

GENERAL SERVICES ADMINISTRATION

FACILITIES OPERATIONS SUPPORT BRANCH

SERVICE CONTRACTS TEAM (10PMMQ)

400 15TH STREET SW

AUBURN, WASHINGTON 98001-6599

Tracy Mals 253-931-7919

GSA’s hours of operation are 8:00 AM to 4:30 PM. Requests for preaward debriefings postmarked or otherwise submitted after 4:30 PM will be considered submitted the following business day. Requests for postaward debriefings delivered after 4:30 PM will be considered received and filed the following business day.

A Pre-Proposal Conference and onsite walk will be held June 3, 2013 at the Edith Green/Wendell Wyatt Building. All interested parties must request walk through prior to May 31, 2013 by contacting Tracy Mals at 253-931-7919, tracy.mals@gsa.gov. Advance notification and picture ID are required to be allowed access to facilities. Attendees who fail to provide advance notification of attendance to this conference will be denied access to facilities and the conference. To ensure a meaningful conference for all attendees, offerors are requested to prepare and forward a copy of the questions you may have prior to June 10, 2013.

TABLE OF CONTENTS

Part TITLE

I SCHEDULE OF SUPPLIES AND SERVICES

Type of Contract

II CONTRACT CLAUSES

ADDENDUM TO CLAUSE 52.212-

I. Contract Clauses

III LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHEMENTS

J. Exhibits and Attachments Wage Determination Form 527 Staffing Form Concessions Pro-Forma Budget Form Milestone Deliverables from Contractor (see page 28) Deliverables by Government (see page 29) List of Government Furnished Equipment/Inventory Past Performance Questionnaire

IV REPRESENTATIONS AND INSTRUCTIONS

K. Representations and Certifications

PROPOSALS MUST BE RECEIVED ON OR BEFORE THE DUE DATE AT THE LOCATION SPECIFIED IN BLOCK 9 OF THE SF 1449, SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS.

ISSUING OFFICE (BLK 9):

GENERAL SERVICES ADMINISTRATION

FACILITIES OPERATIONS SUPPORT BRANCH

SERVICE CONTRACTS TEAM (10PMMQ)

400 15TH STREET SW

AUBURN, WA 98001-6599

NOTE TO OFFERORS:

This contract is non-revenue, profit/loss venture. Vendors must pay employee wages based on the Department of Labor Wage Determination contained in Clause 52.222-43 - Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multiple Year and Option Contract)(NOV 2006). An updated Department of Labor Wage Determination will be incorporated into the contract at contract anniversary.

The minimum wage rates and fringe benefits applicable to the initial twelve-month period performance are outlined in Part III, Wage Determination Number 2005-2563, Revision 14, dated 6/13/2012. Contract Awardee is responsible for monitoring Department of Labor Wage Determination Site. Employees must be paid in accordance with the most current wage determination.

· A single award will be made.

· Contract award. The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms technical standpoint. However, the Government reserves the right to conduct discussion if later determined by the Contracting Officer (CO) to be necessary.

· CURRENT CONTRACT INFORMATION:

Basis for Award of Option Periods:

Options will be exercised and awarded at the end of each 5 year period on the anniversary date of contract award. Options will based on the criteria found at FAR 17.207 coupled with the annual ratings determined and entered within the CPARS rating system (see chart below). Overall ratings of “Exceptional”, “Very Good” or “Satisfactory” typically warrant the award of an option. Contractors receiving an overall rating of “Marginal” or “Unsatisfactory” will not be awarded options.

Interim annual performance evaluations will be completed no later than 90 days prior to the end of the period being evaluated. Within 60 days prior to the end of existing term, the Contracting Officer may exercise an option by issuing a unilateral modification to the contract. Options contemplated within 60 of expiration of the contract may be awarded bilaterally upon mutual agreement of the parties.

The total contract period for Concessions services contracts shall not exceed fifteen (15) years.

Award of options are always subject the governments need for continuing services.

· PERFORMANCE BASED SERVICE CONTRACT

This solicitation contains a work statement for performance-based services. This means that the Government has described WHAT is to be accomplished, not HOW to accomplish it, and states a basis for determining whether finished work meets the Government quality requirements. It does not state detailed procedures for accomplishing the work unless there is safety, security, or communication requirements.

The Contractor must submit a site specific quality control program with their proposal, and update annually, to ensure the requirements of this contract are met. This program shall be created for identifying and correcting deficiencies in the quality of services before the performance becomes unacceptable.

Edith Green/Wendell Wyatt Federal Building

BASE PERIOD (08/01/2013 – 07/31/2018 )

Option I (08/01/2018-07/31/2023

ACT CLAUSES

PART II – CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (FEB 2012)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2) (i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

ADDENDUM TO 52.212-4

GENERAL SERVICES ADMINISTRATION

NORTHWEST ARCTIC REGION

Edith Green Wendell Wyatt Café 1220 SW Third Portland, OR

DESCRIPTION/STATEMENT OF WORK

1.0 About the Facility: This food service opportunity is located in the Edith Green Wendall Wyatt Federal Building at 1220 SW Third Avenue, Portland, Oregon. The building has approximately 370,000 rentable square feet and houses several agencies with and estimated building population of approximately 1200 individuals. This facility has access from all floors via the elevators and direct access through Madison street level.

2.0 Independent Contractor: This opportunity shall be contracted under a profit and loss type contract which dictates that the Contractor shall receive and retain all income derived from sales and is responsible for all costs of the operations under this contract. The Contractor shall have the responsibility of satisfactorily performing all requirements in this contract as an independent contractor. Neither the Government nor the Contractor intends that this Agreement shall be construed as an establishment of a partnership or joint venture between the parties.

3.0 Historical Sales Data: This facility has been under renovation and no sales figures are available since it is a new facility.

4.0 Effective Date: Upon issuance of the Notice to Proceed, service will begin on or about August 1, 2013

5.0 Hours of Service: 6:30 am and 4:00 pm

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

6.0 Modification to Service Schedule.

Any request for modifying the hours or days of service shall be submitted for approval of the Contracting Officer’s Representative (COR) prior to start of service date. The Contractor can submit a request for reduction in service during Government Holiday periods in advance (14 days). If the Telecommute and/or Alternate Work Schedule (AWS) Agency programs impact sales levels on specific business days, the Contractor can submit a request for change in service on these days. The COR will review the request and advise the Contractor if a request is approved.

7.0 Quality of Services: The Contractor shall supply food and prompt, courteous service to all customers with a strong focus on the overall quality of operation. The service provided shall be equivalent successful similar commercial food service operations in the area.

8.0 Food Service:

It shall be the responsibility of the Contractor to provide a variety of quality prepared foods to maintain financial viability. The foods are required to be provided in accordance with industry trends, industry standard practices and the industry’s latest concepts. The Contractor shall offer food that provides wide variety to customers, including vegetarian, organic, healthy, and light eater. Menus should also include items for people with special dietary restrictions and offer “heart healthy” menu items.

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

8.2. The Contractor shall provide “Green” disposable products including products that are petroleum-free, contain post-consumer recycled content and processed chlorine free. All disposable products must be “compostable” and compatible with the recycling/compost system that will be or is in use within the building. The use of disposable chinaware (including plates, cups, and bowls) constructed of Polystyrene Foam is prohibited. The quantities of each type of recycled-content material shall be reported in writing monthly to the COR and Agency no later than the twentieth day of the subsequent month.

8.3 . GSA shall grant the Contractor the right to control and operate food and beverage services for the employees, guests, and invitees of Government. The services include, but not limited to, cafeteria, dining, catering, and espresso, but may include other services, temporary locations, or cart service approved by the COR

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

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

9. 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).

10. Vending Machines: Vending machines shall not be part of this agreement, and all income derived from vending machines must be distributed to the Oregon Commission for the Blind under the provisions of the Randolph Sheppard Act, 34 CFR 395.32.

11. Prices: The prices the Contractor submits in their proposal shall be binding when the facility opens for operations. Thereafter, prices can be adjusted at the Contractors discretion after notifying the Property Manager and posting a notice to the tenants for no less than one week prior to the increase. The notice shall be placed in a highly visibility traffic area that promotes communication to the customers. Price increases should only be made to ensure viability and self-support of the operation.

12. Procedures for Future Price Adjustments/Changes.

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

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

12.2. Date of proposed price adjustment.

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

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

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

13. Sanitation and Quality:

The Contractor shall serve quality food, under clean and sanitary conditions in accordance with the provisions and recommendations contained in the most recently published Food Code, U.S. Public Health Service publication. All foods served shall be wholesome and free from spoilage, free from adulteration and misbranding, and safe for human consumption. Uncooked items, such as fresh fruits, shall be clean and free from blemishes. All foods shall when served, be attractive in appearance and correct in temperature and consistency. To the degree possible, the Contractor will purchase food that is produced locally and regionally. To the degree that certified organic products can be offered at market comparable prices (financially sustainable) they should be available on the menu.

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

Meat

· Beef U.S. Department of Agriculture (USDA) Choice

· Pork USDA Number 1

· Veal USDA Select and Choice

· Lamb USDA Choice

· Poultry USDA Grade “A” for all graded fresh or frozen poultry and poultry products as a minimum specification Seafood

· Frozen fish must be packed under continuous inspection of the U.S. Department of Agriculture

· Dairy

· Eggs Fresh USDA or State Grade “A” (the use of cage free eggs will be at the Contractor’s discretion)

· Butter USDA Grade “A” (92) Score

· Cheese USDA Grade “A” for all graded cheeses

· Milk and milk products USDA Grade “A” Fresh

Produce USDA Grade “A” Dry Stores Grade “A” Fancy Canned goods Grade “A” Fancy The most recently published Food Code, U.S. Public Health Service publication and all local codes and regulations relating to food service sanitation and procedures shall be adhered to by the Contractor.

The Contractor is to develop a Hazard Analysis and Critical Control Point (HACCP) plan as required by Health Department. A copy is to be submitted to COR.

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

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

Any suspected outbreak of human illness, whether involving employees or visitors, is to be reported immediately to the Agency and COR and to a public health consultant. A suspected outbreak of human illness results when two or more persons have common symptoms that could be associated with contaminated water or food sources or other adverse environmental conditions.

14. Cleaning and Janitorial Services.

The Contractor agrees to furnish all labor, supplies, materials, equipment, and supervision sufficient to maintain the cafeteria areas and foodservice equipment (including hoods and/or water wash down system) within its areas of responsibility in a clean, orderly, and sanitary condition at all times as detailed below. In connection with the performance of this contract, the Contractor shall not use any material which the Government solely determines would be unsuitable for the purpose, or harmful to the surfaces to which it is applied.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

14.9. The Contracting Officer's Representative may require additional cleaning as deemed necessary. No work shall be performed on weekends or Federal holidays, without prior approval of the Building Manager.

15. Public Space/Dining Area:

The Contractor shall be responsible for cleaning tables throughout the day; however, the Government reserves the right to use dining areas and other public spaces for meetings of Government employees or other assemblies. Anyone that uses the space for these reasons will clean and rearrange the space to the original condition once they are finished, at no expense to the operator.

15.1. GSA also reserves the right for their employees or visitors that use public dining and other authorized areas for individuals that bring their own lunch.

15.2. If the chairs are upholstered, it will be the responsibility of GSA to provide upholstery cleaning on a periodic basis, pending funding. The Contractor will be responsible for removal of any debris left in the on the tables and other areas of the dining area.

16. Contractor Employees and Schedules:

The Contractor employees, including subcontractors, performing services or administrative work on premises shall be subject to all Federal rules and regulations. The COR can provide the Contractor a copy upon request.

16.1. Inventory for Services: The Contractor shall maintain appropriate inventory levels of inventory to ensure customers have a wide variety of choices on a daily basis. Inventory and stock levels should be consistent with similar commercial food service facilities in the surrounding areas.

16.2. GSA building tenants work a variety of work schedules and hours. It is the responsibility of the Contractor to adjust their meals and staffing to meet the needs of the building.

17. Marketing:

The Contractor shall provide all merchandise, trade material, trade logos, service marks, trademarks, trade name signage, and menu boards for this operation. The marketing and customer service programs are to be ongoing, create interest, increase participation, advertise promotions and improve viability.

18. Equipment:

The Government shall provide the existing equipment in the facility for the Contractor’s use. The Contractor shall provide any additional equipment required to perform the services under this contract.

19. Equipment Inventory:

The Contractor and the CO shall jointly acknowledge in writing verification and receipt of all GSAowned equipment listed herein. Promptly following the expiration of term or termination of this agreement, the equipment list will be checked against existing equipment at the termination of this contract. The condition of all equipment will be checked to ensure it was returned in good condition, less ordinary wear and tear. Ordinary Wear and Tear shall have the meaning commonly attributed normal use that is not attributed to over-use, neglect or misuse. The Contractor shall be responsible for all costs of missing or damaged equipment, due to over-use, neglect, or misuse.

20. Conditions for Use of GSA Equipment:

The Contractor shall be responsible for reasonable care of all GSA equipment used under this Food Service Agreement. Equipment will be returned to GSA at the end of this contract in good condition minus *ordinary wear and tear. The Contractor shall report any equipment that is in need of repair IMMEDIATELY to the Contracting Officers Representative (COR). The Contractor shall be responsible for repair and replacement costs for any equipment due to over-use, neglect or misuse.

20.1. *Ordinary wear and tear shall have the meaning commonly attributed normal use that is not attributed to over-use, neglect or misuse.

21. Equipment Repairs:

GSA shall repair all Government owned equipment on a continuing basis at no cost to the Contractor. All equipment in need of repairs should be reported immediately by the Contractor to the COR. No repairs should be accomplished by the Contractor without prior approval by the COR. If the Contractor accomplishes work without approval of the COR, they shall bear the cost of those repairs.

22. Equipment Maintenance:

GSA shall maintain a preventive maintenance program on Government owned equipment at no cost to the Contractor. The preventative maintenance schedule will be determined by the COR or their representative. The Contractor shall immediately inform the COR of any items that are in need of maintenance outside the routine schedule. Continual use of equipment in need of maintenance that is not reported to the COR will be considered misuse or neglect.

23. Hood and Fire Suppression Systems:

GSA shall be responsible for maintenance of the fire suppression system and the interior flues of the hood system. The Contractor shall be responsible for ongoing cleaning of the visible portions of the hood over the cooking areas and the filters.

24. Drains:

GSA shall be responsible for maintenance and clearing clogs due to normal use. The Contractor shall be responsible for clearing clogs attributed to misuse of the drains. One example would be pouring excessive grease directly into the drain instead of a container.

25. Trash Removal:

The Contractor shall implement a composting program to the maximum extent possible, provide the appropriate number and size containers necessary to hold all the trash and food waste generated by the contracted food service facility. The COR will approve the proposed containers and the location where the containers are to be located. All trash and food waste shall be first placed in appropriate plastic bags and tied or sealed to prevent foul odors or rodent and insect problems then take to the approved area for removal to a waste disposal. GSA will also provide for the trash removal for all food waste generated by the food service facility to an offsite waste disposal with the exception of cooking oil. The Contractor will be responsible for removal and costs associated with removal of cooking oils.

26. Recycling.

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

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

27. Pest Control:

The Contractor shall contract for certified insect and pest control for the extermination of insect, rodents, vermin, and other pests in space assigned the operator’s. The Contractor shall conduct pest control utilizing integrated pest management methods of control. The Contractor will coordinate all services with the COR, and no products, applications, or service will be performed without their permission or approval.

28. Compliance with Laws:

The Contractor shall comply with all federal, state, and local laws applicable to their obligations. The Contractor shall keep in effect all necessary permits, licenses, and food handlers’ cards and will post such permits where required.

29. Safety and Security:

Designated employees shall have the responsibility for determining that all equipment has been turned off, windows have been shut, lights and fans turned off, and doors have been locked when the food service facility is closed. The Contractor will comply with all security and safety requirements.

30. Proprietary Marks:

GSA acknowledges that the names, logos, service marks, trademarks, trade dress, trade names, and patents, whether or not registered, of Contractor are proprietary to the Contractor, and its affiliated and parent companies, and will not use the marks for any purpose except as expressly permitted in writing by the Contractor.

31. Business Licenses, Taxes & Assessments:

The Contractor shall pay all Federal, State, City, and other taxes or assessments in connection with the operation and performance of the Services. The Contractor shall keep current and pay all licenses and permit fees in connection with Services.

32. Material Safety Data Sheets:

The Contractor shall submit copies of all Material Safety Data Sheets (MSDS) for all products used under this contract to the COR for approval 10 days prior to contract effective date. The Contractor shall also provide the COR locations where all products or materials are stored.

32.1. The Contractor shall not use any product or material which the COR does not approve. It is the responsibility of the Contractor to ensure that the products or materials are used for their intended purpose and cause no harm.

33. Government Administration:

GSA shall administer compliance with the terms and conditions of performance and services under this contract.

34. Small wares:

The Contractor shall provide and maintain an acceptable level of inventory for all items necessary to perform the services under this contract. The Contractor shall take possession of the small wares inventory and replace the inventory, as necessary, as part of the expenses contract.

35. Office Space: If space is available, GSA shall provide office space for use by the Contractor at no cost. The Contractor shall supply all office furnishings, supplies, and equipment necessary to perform the administration functions under this contract.

36. Liability: GSA will not be responsible for damage or loss /occasioned by fire, theft, accident, electrical outages, or otherwise to the licensee's stored supplies, materials or equipment, or the employees' personal belongings.

36.1 Any personal injury or physical damage to the building or equipment resulting from fire or other causes shall be reported to the Property Manager immediately.

37. Weekends and Federal Holidays:

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

38. Modifications: No modifications or changes made to this agreement shall be binding upon either party unless the changes are submitted in writing by the Contractor and approved by the CO.

39. Inspection of Services and Facility:

GSA may inspect the services or facility, without notice, on any day, at any time, at its sole discretion. The inspection will be conducted in a manner to avoid disruption to the services or the Contractor.

40. Profit and Loss Statements:

The contractor shall provide the COR and Concessions Officer a copy of the monthly profit and loss statement reflecting the operations of the facility.

41. Point of Sale (POS):

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

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

41.2. Trash receptacles shall be of hard non-toxic plastic material. Single service plastic liners shall be used in conjunction with these receptacles. All trash containers will be provided with self-closing tops.

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

41.4. All items provided by the Contractor shall be of good quality, suitable for the purpose of its intended use, and consistent with the quality of the various items provided by the Agency and meeting current business and industry standards.

42. Personnel and Supervision:

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

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

42.1. The Contractor is required to provide a professional, full-time, qualified food service person to act as manager of the facility. The manager will be subject to the approval of the Government.