OPMRFPfinaltoCO02-28-08.doc

THIS PROCUREMENT IS OPEN TO BOTH SMALL BUSINESS AND LARGE CONCERNS ONLY.

General Services Administration

National Capital Region

Public Buildings Service

Potomac Service Center

Washington, DC

SPECIFICATIONS AND BID FORMS

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

SOLICITATION NO: GS-11P-08-MAD-0081

PROJECT: CAFETERIA SERVICES

LOCATION: Office of Personnel Management Headquarters

Theodore Roosevelt Building

1900 E Street, NW, Washington, D.C. 20415

SOLICITATION ISSUE DATE: February 29, 2008

OFFER DUE:

GENERAL SERVICES ADMINISTRATION

NATIONAL CAPITAL REGION

PUBLIC BUILDINGS SERVICE

POTOMAC SERVICE CENTER (WPG)

7TH & D STREETS, SW,

WASHINGTON, DC 20407

DATE DUE:

April 10, 2008

TIME:

2:30 P.M. (Local Time)

DELIVER TO: GSA, BID ROOM 1065

7TH & D STREETS, SW

WASHINGTON, DC 20407

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

Anita Banks, Contracting Officer

Telephone No.: (202) 708 8073

GSAM 515.406-1: UNIFORM CONTRACT ACT

The information collection requirements contained in this solicitation/contract, that are not required by regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned OMB Control No. 3090-0163.GSA’s hours of operation are 8:00 am to 5:00 pm. Requests for pre-award debriefings postmarked or otherwise submitted after 4:30 p.m. will be considered submitted the following business day. Requests for post-award debriefings delivered after 4:30 p.m. will be considered received and filed the following business day. This solicitation and any documents related to this procurement will be available on the Internet. All contractors downloading the solicitation shall notify this office in writing (either by electronic mail or facsimile) in order to be placed on the plan holders’ list. Contractors are responsible for downloading their own copy of the solicitation and amendments, if any. The WWW address of the Federal Business Opportunities web page is http://www.fedbizopps.gov. It is the contractor’s responsibility to monitor this site for the release of the solicitation and amendments, if any. Contractors may register for electronic notification of postings to the site.

TABLE OF CONTENTS

PAGE

NUMBER

SOLICITATION/CONTRACT FORM

TABLE OF CONTENTS

2 - 5

SPECIAL NOTICE TO BIDDERS/OFFERORS

6 - 8 Special Notices to Bidders/Offerors Pre-Bid Conference at the Facility

DESCRIPTION/SPECIFICATION

9 - 24

1. Statement of Work

A. Description of Services

B. Scope of Work

C. Term of Contract

2. Description of Facilities

A. Area and Location in the Building

B. Seating Capacity

C. Historical Sales Data

3. Effective Date

4. Hours of Service

A. Service Schedule

B. Modification to Service Schedule

5. Contractor Responsibility

A. Service

B. Menus

C. Procedures for Future Price Adjustments/ Changes D. Equipment and Utensils Furnished by the Contractor E. Sanitation & Quality F. Personnel and Supervision

G. Recycling

H. Contractor Performed Repairs

I. Cleaning and Janitorial Services

J. Security Areas

K. Hazardous Conditions

L. Liability

M. Occupant Emergency Program.

N. Reporting Requirements

O. Operating Expenses

P. Energy Conservation Guidelines

Q. Telephone and Computer Systems

R. Building Space

6. Continuity of Operations

7. Contracts and Subcontracts

8. Responsibilities/Facilities Furnished by the Government A. General

B. Property

a. Government Furnished Space

b. Vending Stands

c. Facilities

d. Parking

e. Windows

f. Preventative Maintenance

g. Rodent/Pest Control

h. Trash Removal

i. Government-Owned Equipment

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

10. Protection and Damage

INSPECTION AND ACCEPTANCE

25 - 27

1. Contractor Responsibility

2. Quality Standards

3. Contractor Representative/Account Manager

4. Role of Government Personnel and Responsibilities for

Contract Administration A. Contracting Officer (CO) B. Contracting Officer’s Representative (COR) C. Contract Inspectors

5. Inspections

DELIVERIES

1. Milestone Chart for Contractor’s Deliverables

2. Government Deliverables Due the Contractor

CONTRACT ADMINISTRATION DATA

29 - 31

1. Expenses and Loss

2. Payment in Lieu of Rental

3. Final Profit/Loss Statement at Termination of Contract

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

5. Failure to Perform

6. Suspension of Work

7. Proprietary Marks

8. Business Licenses, Taxes & Assessments

9. Payment of Postage and Fees

10. Markings

11. Termination of Contract by Contractor

12. Wage Determination

13. Employee Class Hourly Monetary Wage % of Hourly as Fringe

SPECIAL CONTRACT REQUIREMENTS

32 - 34

1. Personnel A. Qualifications of Employees

2. Security Requirements A. Identification/Building Pass B. Clearances

C. Security Clearance Requirements

3. Standards of Conduct

CONTRACT CLAUSES

35 - 48 13.52.222-42 Statement of Equivalent Rates for Federal Hires Comparable Hires Commercial Items Contract Clauses Index

FAR 52.252-2 Clauses Incorporated by Reference

FAR 52.212-4 Contract Terms and Conditions - Commercials Items

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items

GSAM 552.212-72 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to GSA Acquisition of Commercial Items

FAR 52.204-7 Central Contractor Registration

FAR 52.204-8 Annual Representations and Certifications

FAR52.204-9 Personal Identity Verification of Contractor Personnel

552.212-71 Contract Terms and Conditions Applicable to GSA Acquisition of Commercial Items

Addendum to FAR 52.212-4, FAR 52.212-5 and 552.212-71

INSTRUCTIONS, CONDITIONS AND NOTICES TO

49 - 57

OFFERORS/BIDDERS

1. Insurance Requirements A. Worker’s Compensation and Employer’s Liability

B. General Liability Insurance

2. Instructions to Offerors

A. 52.212.1 Instructions to Offerors – Commercial Items

B. Instructions on Submitting Proposals

C. Contents of the Proposals D. Period for Acceptance of Offerors

E. Product Samples

F. Late Submissions, Modifications, Revisions, and Withdrawals of Offerors

G. Contract Award

FAR 52.212-2 Evaluation--Commercial Items Mandatory Registration with CCR and OCRA Websites

FAR 52.212-3 Offeror Representations and Certifications - Commercial Items

FAR 52.233-2 Service of Protest

552.233-70 - Protests Filed Directly With the General Services Administration

ATTACHMENTS

58 - 88

1. Listing of Attachments

Attachment 1 - Wage Determination

Attachment 2 - Inventory of Food Service Equipment List

Attachment 3 - Standard Form LLL – Certification Regarding Lobbying

Attachment 4 - Standard Form LLL-A- Disclosure Form to Report Lobbying Attachment 5 - Standard 527 - Contractor's Qualification & Financial Information

Attachment 6 – Sales Generation Model

Attachment 7 – Staffing and Labor Cost Model

Attachment 8 - Monthly (or 4-week) Profit/Loss Statement Pro-Forma Operating Statement

Attachment 9 – Floor Plan

Attachment 10 – Pictures Servery, Kitchen and Dining Room

Special Notice to Bidders/Offerors Special Notices to Bidders/Offers

A. The successful contractor shall be fully responsible for providing and accomplishing the required services as outlined in this solicitation. The contractor is responsible for the operation of the food service facility at Office of Personnel Management Headquarters

Theodore Roosevelt Building

1900 E Street, NW, Washington, D.C. 20415

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

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

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

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

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

G. Executive Order 1989. Economy and efficiency in Government procurement through compliance with certain immigration and naturalization act provisions, is in effect and must be complied with under any contract(s) resulting from this invitation for bids. In accordance with Executive Order 12989, contractors are responsible for compliance with immigration laws and are hereby notified that any and all suspected infractions shall be reported to the immigration and naturalization service.

PRE-BID CONFERENCE at the CAFETERIA FACILITY

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

MEMORANDUM TO:

All Prospective Bidders

SUBJECT:

Request for Proposals (RFP) GS-11P-08-MAD-0081

Cafeteria Services

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

LOCATION:

Office of Personnel Management Headquarters

Theodore Roosevelt Building

1900 E Street, NW, Washington, D.C. 20415

Room: 1330 G

DATE:

March 13, 2008

Open House 7:00 AM to 2:00 PM

Pre-Bid Meeting will be conducted at 10:00 AM

Prospective offerors are given an opportunity to observe breakfast and lunch service in the facility during the open house hours. A walk-thru of the facility (back and front of house) will be part of the Pre-Bid Conference.

Offerors are allowed to sketch the facility and write down the menu and prices.

Prospective bidders are forbidden to:

· Talk to customers concerning the facility or contract

· Talk to employees concerning the facility or contract.

We consider attendance at the Pre-Bid Conference vital to the preparation of a competitive proposal and to understand the total result desired by the Government. It is again emphasized that it is most advantageous for each bidder to have qualified representation at the Pre-Bid Conference.

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

Point of Contact:

Thomas Cason

GSA Concessions

Contracting Officer Technical Representative

Phone: (202) 205-4703

Fax : 202 692 3289 e-mail: thomas.Cason@gsa.gov

All offerors attending the Pre-Bid Conference must submit their names, date of birth and social security numbers via email (accepted) to the Point of Contact above for security clearance into the building 2 business days in advance for clearance.

Description/Specification

1. Statement of Work:

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

B. Scope of Work. The contractor shall establish and operate in the contractor's name, the food service facilities, for the purpose of dispensing food, nonalcoholic beverages and such other items as may be authorized by the Contracting Officer's Representative (COR), in accordance with all terms and conditions specified herein.

This cafeteria is to be operated for the benefit of approximately 2,050 building occupants (1,500 Federal employees and 550 contractors) in the building located at:

Office of Personnel Management Headquarters

Theodore Roosevelt Building

1900 E Street, NW, Washington, D.C. 20415

The agency estimates that approximately 580 of the employees listed above telework a minimum of one or two days a week and that 560 of the employees listed above work an alternate work schedule (AWS). AWS provides employees one day off (typically Friday or Monday) every two weeks.

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

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

2. Description of Facilities:

A. Area and Location in the Building.

The coffee bar is located in the main building lobby off E Street and occupies approximately 400 square feet. No dining room is associated with the Coffee bar.

The cafeteria and production kitchen are located on the ground level and occupies approximately 8,000 square feet.

The Snack Bar located in the sub-basement level and vending machines in the building are operated by the Rehabilitation Services Administration of the District of Columbia under the Randolph-Sheppard Act and are NOT part of this solicitation.

B. Seating Capacity.

Approximately 400 indoor and 25 outdoor seats.

C. Historical Sales Data.

2007 Sales $ 720,000 2006 Sales $ 657,000 2005 Sales $ 681,000

All sales figures include Coffee Bar.

3. Effective Date:

Service will begin on or about July 21, 2008.

4. Hours of Service:

A. Service Schedule.

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

Lunch

The above hours are minimum hours that must be adhered to; if the contractor wants to extend the service schedule to increase the financially viability then hours can be extended. Changes must be requested in accordance with modification to service schedule.

B. Modification to Service Schedule.

Any request for modifying the hours or days of service shall be submitted for approval of the 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 COTR will review the request and advise the Contractor if a request is approved.

5. Contractor Responsibilities:

The contractor shall provide prompt, efficient, and courteous service, and avoid undue interference with the operation of buildings in which services are provided. 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.

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, menus and marketing programs.

A. Service.

The contractor shall operate and manage the cafeteria and coffee bar in the contractor's name at the Federal building. Patrons shall be encouraged to remove trays, dishes and utensils from tables to dish carts and/or conveyor belt and/or trash stations that will be strategically located in the dining area. The contractor will provide busing service to remove any remaining soiled dishes and assure that tables and chairs are kept clean.

B. Menus.

It shall be the responsibility of the contractor to provide a variety of quality prepared foods. The contractor shall and comply with and support the 2005 and all subsequent revisions of U. S. Dietary Guidelines for Americans, please note the following:

Minimum Menu Profile for Cafeteria:

· Self-Service Salad Bar

· Self-Service Deli Bar

· Self Service Soup

· Self Service Pizza

· Grill Station – Made to order Grill items and prepared specialty Deli sandwiches (Pannai Grill will be provided by Agency in station)

· Grab ‘n Go - pre-packaged items, desserts and bottled beverages

· Self – Service Beverages – hot and cold

The Agency has agreed to reduce the number of service stations that are required to be open and staffed during meal periods. The intent of reducing the staffed stations is to increase production and labor efficiency and economical viability for the successful contractor. The existing stations that are proposed to be closed are located on the left side of the servery and consist of the hot entrée station and made to order cold deli station. The contractor can operate all stations at their option if is determined to be financial viable.

i. Prior to the start date of service, the Contractor shall provide to the COR a complete price/portion book for the account (i.e.: Hamburger, list patty size and selling price; Ham sandwich list ounces of meat, toppings included and selling price).

ii. During each serving period, easy-to-read menus with prices listed shall be prominently displayed for the information of patrons at the cafeteria and Coffee Bar. Menus shall be posted at or near the coffee bar and cafeteria entrances and near the service points. All customer signage, menus, etc. must be printed (no had written signs are allowed).

C. Procedures for Future Price Adjustments/Changes.

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

i. Any changes to 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.

ii. Date of proposed price adjustment.

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

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

D. Equipment and Utensils Furnished by the Contractor.

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

Sample items expected to be provided by Contactor:

Can Openers

POS System

Chinaware and dishes, if needed

Storage Containers

Condiment Dispensers

Napkins Dispensers

Office Furniture

Glassware if needed

Computer system

Steam table pans

Merchandising Equipment

Safe Machines - office

Scales, food preparation

Menu boards, letters, price markers Sharpeners

Dish Racks

Silverware if needed

Trash receptacles

Trays Utensils and kitchenware

2. The contractor shall provide complete Point of Sale (POS) system to include patron’s use of credit and debit cards in an expeditious manner at both the cafeteria and Coffee bar operations. Any special utility provided by the Government, such as a dedicated electrical service line shall be noted in Proposal.

3. It is incumbent upon the contractor to verify sizes and capabilities of Government-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.

4. 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.

5. Contractor should maintain a physical inventory of all contractor owned equipment on site.

6. 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 Government and meeting current business and industry standards.

E. Sanitation and Quality.

i. The contractor shall serve quality food, under clean and sanitary conditions in accordance with the provisions and recommendations contained in the most recently published Food Service Sanitation Manual, Public Health Service. 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.

ii. The most recently published Food Service Sanitation Manual, Public Health Service Publication, and all local codes and regulations relating to food service sanitation and procedures shall be adhered to by the contractor.

iii. The contractor as maybe required by DC Health Department is to develop a Hazard Analysis and Critical Control Point (HACCP) plan.

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

v. The Government requires that a certified food handler be on premise during all operating hours.

F. Personnel and Supervision.

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

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

ii. The contractor or operator is required to provide a professional, full-time, qualified food service person to act as manager of the facility. The manager will be subject to the approval of the Government. The contractor's manager will be delegated the authority, and shall be able to effectively manage the day-to-day operation of the cafeteria relative to supervision of personnel and training, menu planning, purchasing, cost control, sanitation, and customer satisfaction, etc. The manager must be onsite when the cafeteria is open, for the duration of this contract. The contractor's manager will be replaced, on 30 days notice, upon request of the COR

A representative of the contractor (i.e. District Manager), other than the above manager, shall visit the facility periodically. A representative of executive status (i.e. Vice President) shall visit the facilities to adjust matters requiring attention upon 48 hours advance notice from the Government.

iii. The contractor's employees shall wear a distinctive professional looking uniform (no denim uniforms) and hair net and or a suitable head covering and a legible name badge as a means of identification during the time they are in the building.

iv. The contractor's employees shall be required to change their clothing in the locker rooms and to maintain the room in a neat and clean condition.

v. The contractor must provide adequate, trained relief personnel (management and hourly) 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.

vi. 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.

vii. 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. Contractor must keep on site a record copy of attendance and subject matter for Government review.

viii. 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.

G. Recycling.

The contractor shall use best efforts to participate and integrate (at no cost to the Contractor) with the recycling program operated by the Agency in the building.

Removal and/or recycling of grease and cooking oils shall be the responsibility of the contractor. The containers and surrounding space are to be kept clean and orderly by contractor.

H. Contractor Performed Repairs.

i. 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 $250.00 per repair. Contractor’s annual cost of repair not to exceed $3,000 in a fiscal year; repair costs over $3,000 will be paid by Agency. The Contractor shall maintain a log/record of repairs made and date performed.

ii. The contractor shall immediately perform these repairs whenever they are required and shall notify the COR via e-mail (for the record), 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 COR.

iii. The contractor shall immediately report any potential need of repairs where the cost of labor, parts and materials is expected to exceed $250.00 to the COR. Failure to do so will result in the contractor absorbing 100% of the repair cost. The COR or designated representative will provide guidance on how to proceed with the repair.

I. Cleaning and Janitorial Services.

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

The Contractor shall be responsible for the cleaning and maintenance of the serving area floors after service hours. The Contractor shall be responsible for 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 will be responsible for stripping and waxing the Servery flooring on an as needed basis.

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.

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

Failure to keep any of the facilities that are the responsibility of the contractor such as, walls, ceilings (excluding 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 utilized by the contractor, floor drains, kitchen, servery, storage, loading docks and dumpster locations, dining area tables, chairs and floor etc. in a clean and sanitary condition satisfactory to the Contracting Officer or the Contracting Officer's Representative may result in the following:

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

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

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

J. Security Areas.

The contractor shall be responsible for the security of all areas under the jurisdiction of the contractor. Designated employees shall have the responsibility for determining that all equipment has been turned off, that windows are closed, lights and fans turned off, and doors locked when the cafeteria is closed. This should be a matter of a daily report to the Guard Office upon leaving the building. A key shall be available for emergency use only in the building security office. This key shall be available in a sealed envelope.

K. Hazardous Conditions.

In addition to paragraph (f) of the Service Contract Act of 1965 (as amended), the contractor shall be responsible for unsanitary or hazardous conditions that are dangerous to anyone using the food facility. This shall include any employee, agent or representative of the contractor, Federal employee or other patrons of the food service facility and shall be applicable to any portion of the facility that is under the jurisdiction of the contractor.

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

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

L. Liability.

The Government will not be responsible in any way for damage or loss occasioned by fire, theft, accident, or otherwise to the contractor's stored supplies, materials or equipment, or the employees' personal belongings. Any personal injury or physical damage to the building or equipment resulting from fire or other causes shall be reported to the Building Manager immediately.

M. Occupant Emergency Program.

The contractor shall notify the local fire department in the event of fire. All of the contractor employees shall be organized and trained to participate in Fire, Shelter in Place (SIP) and drills including the reporting of fires. This shall be accomplished with the cooperation of the Buildings Manager and the Occupant Emergency Plan, a self protection plan developed in accordance with GSA guidelines. A copy of this plan is available in the office of the Buildings Manager.

N. Reporting Requirements.

i. Monthly (or four week) Operating Statements:

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

The contractor is also required to provide monthly the following information (utilizing the following spreadsheet) relating to patronage and sales:

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

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

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

iii. Equipment records:

The contractor shall acknowledge in writing within 30 days of the contract start date to the COTR receipt of the Government-owned equipment listed in the attached Equipment Inventory and properly track all additions, replacements and removals of Government owned equipment O. Operating Expenses.

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

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

1. Payroll computations and disbursements of employee salaries.

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

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

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

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

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

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

8. Repairs necessary as the result of negligence of the contractor or his employees.

9. Payment for forms and other supplies or stationery.

Other expenses may not be incurred as operating expenses without the approval of the Contracting Officer.

P. Energy Conservation Guidelines.

The Contractor shall be responsible for securing lights and cafeteria/kitchen equipment during periods of non-active operations that are not essential for safety, security or sanitation.

Q. Telephone and Computer Systems.

The Contractor is responsible to install and pay for the telephone system and other computer connections/lines etc. as needed to fulfill obligations under this contract.

R. Building Space

i. Space Modifications: The Contractor shall secure written permission from the COR prior to performing any physical modification of the building space provided for his use. In addition, the Contractor must provide all construction documentation including estimated cost, if any, describing in detail the modification requested prior to proceeding with the work.

ii. Returned Space: 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, except for ordinary wear and tear, and damage or destruction beyond the contractor's control and not due to the contractor's fault or negligence. The assigned building space shall be used only in the performance of this contract.

6. Continuity of Operations:

The Contractor shall recognize that services covered by this contract are vital to the successful accomplishment of the Government’s mission. The Contractor shall maintain continuity of services, without interruption, throughout the entire term of the contract.

7. Contracts and Subcontracts:

The Contractor shall submit any contingent contracts or subcontracts that provide any services required under this contract if requested by COTR or CO.

8. Responsibilities/Furnished by the Government:

A. General.

The Government shall provide, without cost, the facilities, materials, and services listed below. Government property shall be used for official Government business only in the performance of this contract or on-site catering. The Contractor or the Contractor’s employees other than in the performance of this contract will not use Government property in any manner for any personal advantage, business gain, or other personal endeavor.

B. Property.

a. Government Furnished Space:

The Government agrees to grant to the contractor for the stipulated period, subject to the contract requirements and conditions herein, the right to establish, manage and operate a cafeteria and coffee bar in the Federal Building as described herein and in connection therewith to prepare and sell food, nonalcoholic beverages and such other products as the Government may authorize.

b. Vending stands:

The Government reserves the right to permit the establishment of vending stands to be operated by the following State licensing agency under the Provisions of the Randolph-Sheppard Act (20 U.S.C. 107):

Rehabilitation Services Administration, District of Columbia.

c. Facilities:

At the beginning of the contract period, the Government will provide space for operations under the contract, as indicated and thereafter, such space as it may deem necessary or desirable. 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 advisable, provide space heating, space lighting, ventilation, and the utilities. In addition, it will:

i. Make such improvements and alterations as it may deem necessary or desirable to prepare or recondition assigned space for its intended purpose, including improvements and alterations necessary to conform to applicable sanitary requirements.

ii. Maintain and repair building structure in areas assigned for the operator's use, including painting and redecoration, the maintenance of gas, water, steam, sewer (including all grease traps) and electrical lines, ventilation (including duct work and fans), fire suppression systems, building electrical lighting fixtures (including re-lamping); floors and floor coverings, and walls and ceilings: Provided, that the contractor shall bear the expenses of repairs necessary because of negligence on the part of the contractor or the contractor's employees.

iii. At its own expense, provide, install and permit the contractor to use the equipment listed and additional equipment of a similar type when required for expansion approved by the CO; provided, that equipment no longer needed for the contract operations may be withdrawn by the COR. The Government will replace equipment which it has provided, as it deems necessary. Subject to adequate maintenance and repair of equipment by the contractor (as required in Responsibility of the Contractor), the Government will replace component parts of, and make repairs to such equipment.

d. Parking:

Parking will not be provided by the Agency for use by the Contractor.

e. Windows:

The Agency shall be responsible for the cleaning of all windows (outside and inside thereof). The Agency shall be responsible for the cleaning of blinds, window coverings and drapes in the dining areas.

f. Preventive Maintenance:

i. The Agency shall perform a preventive maintenance (PM) program on all Government-owned equipment on a quarterly basis or as required.

ii. The preventive maintenance provided by the Agency will be in accordance with the manufacturer's suggested maintenance guide for each individual piece of equipment.

iii. The Agency PM Contractor performing the preventive maintenance program will instruct the food service contractor how to maintain equipment requiring PM more frequently than quarterly. PM follow-thru from the contractor is essential to ensure equipment is maintained properly. If the contractor fails to follow the PM instructions, proper operation or cleaning of Government owned equipment, the CO has the right to raise the repair deductible to no more than $1000.00 per piece of equipment.

g. Rodent/Pest control:

The Agency will contract, pay for and maintain an effective program for Rodent/Pest Control.

The contractor shall coordinate his efforts with the programs conducted by the building's management staff and/or building management pest control contractor. The contractor must maintain a high sanitation standard to help control and minimize rodent activities. Failure to maintain high sanitation standard will result in the Contractor assuming all Rodent/Pest Control costs.

h. Trash removal.

The Agency will contract and pay for trash removal and the trash container will be shared by the contractor and building staff. The Contractor is responsible for transporting trash to building trash container location.

i. Government-owned equipment.

The Government will furnish for the contractor's use, foodservice equipment listed in the attachment Inventory of Food Service Equipment List.

9. Rights and Authority of the Government:

A. Approval.

Subject to the detailed provisions stated in this Statement of Work, Contractor operations shall be subject to the review and approval of the CO or his designated representative.

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: Provided that after each use the space will be cleaned and rearranged without expense to the contractor.

C. Restrictions.

i. Equipment. Unless otherwise permitted by the CO, the contractor shall not install and/or operate any automatic vending equipment other than that specified, or remove any Government-owned equipment from the premises (except for repair).

ii. Patronage. Since the facilities to be provided hereunder are for the benefit and conveniences of Federal employees, patronage from other sources may be regulated by the Government.

iii. Weekends and Federal holidays. No work shall be performed weekends or Federal holidays without prior approval of the Building Manager.

iv. Facilities. The physical facilities made available to the contractor under this contract shall not be used in connection with operations not included in the contract. Conversely, however, the contractor may, if desired, utilize centralized food preparation and storage sources located elsewhere from which distribution is made to facilities operated by the Contract, including the facilities included in this contract. Prices charged to the operation for items obtained from these sources shall not exceed the actual cost of procurement and/or storage, preparation and distribution.

D. Records.

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.

E. Cash Register Readings.

The Contractor shall permit a representative of the Contracting Officer to read cash register counters and sales recorders on demand.

F. Projected Annual Budget.

The Contractor shall provide the Contracting Officer or his designated representative a projected annual operating budget (pro forma) at the beginning of each fiscal year. The annual budget shall include the estimated customer participation and projected check average.

G. Modification of contract.

Modifications of the terms of the contract may be made by mutual agreement in writing between the CO and Contractor.

H. Discrepancy in the Specifications.

In any case of discrepancy in the specifications, the matter shall be immediately submitted to the Contracting Officer, without whose decision said discrepancy shall not be adjusted by the contractor, save only at his own risk and expense. The decision of the Contracting Officer as to the proper interpretation of the specifications shall be final and conclusive on the parties hereto subject only to appeal as provided in the "Disputes" clause of this contract. When there is any conflict between the various printed forms and other written terms, conditions, supplements, etc., the latter will govern.

10. PROTECTION AND DAMAGE:

Items shall be removed, if necessary, and replaced in their original locations. Equipment, furnishings, building and building accessories damaged due to work performed by the Contractor or a subcontractor under this contract shall be repaired or replaced to their original condition by the Contractor at no additional cost to the Government.

INSPECTION AND ACCEPTANCE

1. Contractor Responsibility:

The Contractor is responsible for the day-to-day inspection and monitoring of all contract services performed to ensure compliance with contract requirements. The results of all inspections conducted by the Contractor shall be documented on inspection reports (warranted as presented) and made available to the COR as required, or on the last workday of each month.

2. Quality Standards:

The contractor shall ensure that the required services in the Statement of Work and elsewhere in this contract, meet the quality standards outlined herein. All work performed under this contract shall be highest quality, consistent with best industry practices, to assure timely provision of services, optimum tenant agency satisfaction, and adequate protection of Government assets.

3. Contract Representative:

Five days prior to the contract starting date, the contractor shall submit to the Contracting Officer a written notice designating a representative at the site of the building to whom all notices issued by the Government may be delivered, mailed, or e-mailed, including notices required under the contract for proposed deductions and final decisions.

4. The Role of Government Personnel and Responsibility for Contract Administration

A. Contracting Officer (CO).

Ms. Henrietta Young The CO has the overall responsibility for administering this contract. He/She 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 delivery schedules; make final decisions on disputed deductions from contract payments for nonperformance or unsatisfactory performance; terminate the contract for convenience or default; and issue final decisions regarding contract questions or matters under dispute. Additionally, the CO may delegate certain other responsibilities to his/her authorized representatives.

B. Contracting Office’s Representative (COR).

Mr. Thomas Cason The Individual shown above is designated as the Contracting Officer’s Representative (COR) to assist the Contracting Officer in discharging his/her responsibilities when he/she 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, taking into account any reports from the using agency’s designated representative; acting as liaison between the contractor and using agency(ies), when necessary; ensuring compliance with the contract requirements through periodic visits to the Contractor’s facilities; assisting in the resolution of any issues that arise with regard to Contractor performance or agency responsibilities; assisting in the expedition of orders when required; and advising the CO of the factors which may cause delay in performance of the work.

C. Contract Inspectors/Account Managers.

Contract Inspectors are subordinates of the COR and are responsible for inspecting the Contractor’s day-to-day work.