Food Drink Concession Solicitation.pdf

DEPARTMENT OF THE AIR FORCE

48TH CONTRACTING SQUADRON (USAFE)

Combined Synopsis/Solicitation

RFQ –FOOD & DRINK CONCESSION – Reference (MILDF220100040)

Requesting Agency: 100 th

FSS/FSCC Galaxy Club (NAF)

RAF Mildenhall, Bury St. Edmunds, Suffolk, IP28 8NF, United Kingdom

Purchasing Agency: 48 th

Contracting Squadron – 48 CONS/LGCB

RAF Lakenheath, Brandon, Suffolk, IP27 9PN, United Kingdom

This is a nonappropriated fund purchase and it does not obligate appropriated funds of the United States

Government. Nonappropriated funds are generated by the military community through the sale of goods and services and the collection of fees and charges for participation in military community programs. This purchase does not involve federal tax dollars.

This solicitation is issued as a request for quotation IAW FAR Part 12, 13, and Air Force Manual 64-302, Nonappropriated Fund (NAF) Contracting Procedures. This is a combined synopsis/solicitation for a commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Submit written quotes in reference to Request for Quote (RFQ) reference number

MILDF220100040.

Due to the overseas location of this solicitation, no set-aside will be used. The NAICS code for this requirement is

722213, Snack and Nonalcoholic Beverage Bars.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition

Circular 2005-50 dated 15-April-11.

Potential bidders are to provide a quote for the services outlined in the Statement of Work (SOW), which is included as an attachment to this solicitation:

o Quote shall include a total price for the following bid schedule:

CLIN 0001 – Furnish all labor, materials, equipment (not otherwise provided by the NAFI), services, oversight/supervision necessary to operate a food & drink concession in the RAF

Mildenhall Hardstand Fitness Center, according to attached Statement of Work (Page 16).

Contractor shall fill in and adhere to the attached Fee Schedule (Page 24).

Quantity: (24) Unit: (Months)

CLIN 0002 – Furnish all labor, materials, equipment (not otherwise provided by the NAFI), services, oversight/supervision necessary to operate a food & drink concession in the RAF

Mildenhall Hardstand Fitness Center, according to attached Statement of Work (Page 16).

Contractor shall fill in and adhere to the attached Fee Schedule (Page 24).

Quantity: (36) Unit: (Months)

Quote Specifics:

Quotes are due to this office no later than 4:00p.m. Greenwich Mean Time, Friday 30 th of May 2011. Quotes may be faxed to 01638-52-2189 or if dialing from outside United Kingdom 011-44-1638-52-2189, or sent via e-mail to garrett.silva@lakenheath.af.mil & tara.ponte@lakenheath.af.mil.

A site visit is planned for 16 May 2011 @ 1300hrs; all prospective offerors are highly encouraged to attend. In no event shall failure to inspect the area constitute grounds for a claim after contract award

1. A maximum of 2 persons per company will be allowed to participate

2. Contractor shall provide names of company representatives attending site visit not later than

1600hrs on 13 May 2011, to keaston.simmons@lakenheath.af.mil

3. Formal questions should be submitted with your company information at the time of registration.

4. All other routine questions will be answered during the site visit.

Primary point of contact:

Garrett Silva, Contract Specialist, TEL: 01638-52-2253 or email: garrett.silva@lakenheath.af.mil

Alternate point of contact:

Keaston Simmons, Contract Specialist, TEL: 01638-52-2235 or email: keaston.simmons@lakenheath.af.mil

The following clauses and provisions apply to this solicitation and are included by reference:

Federal Acquisitions Regulation (FAR) Clauses:

52.233-1 -- Disputes.

Department of Defense Federal Acquisition Regulations (DFAR):

252.222-7002 -- Compliance with Local Labor Laws (Overseas)

252.225-7043 -- Antiterrorism/Force Protection for Defense Contractors Outside the United States.

252.225-7042 -- Authorization to Perform.

252.229-7000 -- Invoices Exclusive of Taxes or Duties.

252.229-7006 -- Value Added Tax Exclusion (United Kingdom)

252.233-7001 -- Choice of Law (Overseas).

Air Force Federal Acquisition Regulations (AFFAR):

5352.201-9101 -- Ombudsmen

5352.223-9001 -- Health and Safety on Government Installations

5352.242-9000 -- Contractor Access to Air Force Installations

The full text of the FAR, DFAR, and AFFARS can be accessed on the Internet at http://farsite.hill.af.mil mailto:garrett.silva@lakenheath.af.mil mailto:tara.ponte@lakenheath.af.mil mailto:garrett.silva@lakenheath.af.mil mailto:keaston.simmons@lakenheath.af.mil http://farsite.hill.af.mil/

QUOTE PREPARATION INSTRUCTIONS

A site visit is planned for 16 May 2011 @ 1300hrs; all prospective offerors are highly encouraged to attend. In no event shall failure to inspect the area constitute grounds for a claim after contract award

a. A maximum of 2 persons per company will be allowed to participate

b. Contractor shall provide names of company representatives attending site visit not later than

1600hrs on 13 May 2011, to keaston.simmons@lakenheath.af.mil

c. Formal questions should be submitted with your company information at the time of registration.

d. All other routine questions will be answered during the site visit.

B. To assure timely and equitable evaluation of quotes, offerors must follow the instructions contained herein.

Offerors are required to meet all solicitation requirements, including terms and conditions and technical requirements, in addition to those identified as evaluation factors or subfactors.

C. The contracting officer has determined there is a high probability of adequate competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate competition exists no additional information will be requested. However, if at any time during this competition the contracting officer determines that adequate competition no longer exists; offerors may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness and affordability of the proposed fee.

D. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of three (3) separate volumes; Volume I - Technical

Proposal, Volume II - Past Performance Information, and Volume III – Price (Fee);

Specific Instructions:

VOLUME I – TECHNICAL CAPABILITY PROPOSAL - Submit original plus one (1) copy.

1) Sample Menu – Provide a sample menu that outlines the required food/drink options identified in the Statement of Work; include any promotional and marketing material samples (i.e. sales, discounts, advertising schemes, etc.).

2) Public Health Documentation- Provide public health documentation/certification with regard to same or similar type food service operations. (i.e. Local government inspected, Suffolk County, Mildenhall Town, ect.)

VOLUME II – PAST PERFORMANCE INFORMATION - Only references for same or similar type operations are desired. Submit original and one (1) copy.

1) Quality and Satisfaction Rating for Similar Established Operations Completed in the Past Three

Years: Provide any information currently available (letters, metrics, customer surveys, independent surveys, etc.) which demonstrates customer satisfaction with overall job performance and quality of service for same or similar type operation. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems such as cost overruns, extended performance periods, etc.

2) Performance Surveys: The Government will evaluate the quality and extent of offeror's performance deemed relevant to the requirements of this RFQ. The Government will use information submitted by the offeror and other sources to assess performance. Provide a list of no more than five (5), of the most current and relevant food service operations performed.

Relevant operations include operations of a similar magnitude and complexity for the food service and concessionaire industry. The evaluation of past performance information will take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition. From the list of current/recent and relevant operations, questionnaires may be utilized by the government to evaluate past performance.

VOLUME III – PRICE (FEE) - Submit original and one (1) copy

1) Offerer shall submit a fee percentage offered to the NAFI(s) from the gross receipt of the facility, less taxes. An offer must be made on all categories for that offer to be eligible for consideration for award. The fee will be paid to NAFI based on the total combined sales of the location included in this Contract. Concessionaire must submit a payable fee with a MINIMUM equal to zero percent (0%) of gross sales for the first 24 Months of the contract and a MINIMUM equal to five percent (5%) of gross sales for the final 36 Months of the contract.

2) NOTE: A 30-day phase-in period is anticipated from time of contract award to commencement of performance and respective work under the contract. Separate Contract Line Items (CLIN‟s) are not prescribed to propose or reimburse costs related to phase-in or phase-out. Associated costs for performance related to phase-in and phase-out shall be borne by contractor.

Evaluation of Quotes:

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) TECHNICAL CAPABILITY

(ii) PAST PERFORMANCE

(iii) PRICE (FEE) SCHEDULE

ADDENDUM TO 52.212-2

BASIS FOR AWARD

This will be a competitive best value source selection in accordance with FAR part 12 and 13 with the following factors:

Factor 1- Technical Proposal

Factor 2 - Past Performance

Factor 3 – Price (Fee)

A. Basic Information

Quotes will be evaluated on the basis of „Best Value‟ to the Government in accordance with FAR parts 12 and 13.

Quotes must include contractor‟s technical capability, past performance, and price quote as described above.

The Government reserves the right to award a contract to other than the higest proposed fee percentage quotation and award to a lower proposed fee percentage which represents the best value for the Government.

B. Evaluation Factors

FACTOR 1 - TECHNICAL EVALUATION

Technical Subfactor Standards:

Sample Menu - The offeror‟s sample menu will be evaluated for completeness in outlining all critical elements described in Addendum to FAR 52.212-1, to the extent that it has sufficient menu options to perform the contract and meet the daily capability and Statement of Work requirements.

Public Health Documentation/Certification- The offeror‟s public health documentation with regard to same or similar type food service operations will be evaluated to insure compliance with local government food handling laws and regulations.

FACTOR 2 - PAST PERFORMANCE EVALUATION

Evaluations will be based on the Offeror‟s quote in response to the requirements of the Solicitation and the

Government assessment of the Offeror‟s past performance record. All information for Factor 2 – Past

Performance, will be gathered from the Offeror‟s quote, and may be verified with the contact information provided in the quote or other means available to the Government.

FACTOR 3 – PRICE (FEE) EVALUATION

An offeror‟s proposed percentage fee evaluation will assess the reasonableness and affordability of the proposed fee. The government may assess the realism of proposed fees where an offeror‟s total evaluated fee can realistically support successful performance for the entire performance period of the contract. The burden of credibility of fee rests solely with the offeror.

In accordance with FAR 13.004 -- Legal Effect of Quotations the following information is provided in regards to quotations.

A quotation is not an offer and, consequently, cannot be accepted by the Government to form a binding contract.

Therefore, issuance by the Government of an order in response to a supplier‟s quotation does not establish a contract. The order is an offer by the Government to the supplier to buy certain supplies or services upon specified terms and conditions. A contract is established when the supplier accepts the offer.

When appropriate, the contracting officer may ask the supplier to indicate acceptance of an order by notification to the Government, preferably in writing. In other circumstances, the supplier may indicate acceptance by furnishing the supplies or services ordered or by proceeding with the work to the point where substantial performance has occurred.

If the Government issues an order resulting from a quotation, the Government may (by written notice to the supplier, at any time before acceptance occurs) withdraw, amend, or cancel its offer.

NAF GENERAL PROVISIONS/CLAUSES

SPECIAL PROVISIONS

(CONCESSIONAIRE CONTRACT)

1. Additional Definitions. The terms Concessionaire and Contractor are used synonymously and mean the individual, partnership, corporation, or other entity which is a party to this contract and who is responsible for all actions and applicable regulations and performance thereunder.

2. Actions To Be Taken Upon Termination (Including Expiration). Concessionaire will promptly settle its account with the NAFI, including payment in full of all amounts due, yield up the facilities and all NAFI furnished property, clean and leave premises in as good order and condition as when received (exceptions are damages due to acts of

God or the US Government, and ordinary wear and tear); surrender all installation passes, decals, and so forth, and complete satisfactory settlement of all customer complaints and claims. Termination of the Concessionaire contract does not release the Concessionaire from the obligation to satisfactorily settle customer complaints and claims. The

Concessionaire will promptly remove all Concessionaire owned fixtures and supplies. On failure to remove the

Concessionaire‟s property, the Contracting Officer may cause Concessionaire‟s property to be removed and stored in a warehouse at the Concessionaire‟s expense. If the Concessionaire is indebted to the NAFI, the Concessionaire authorizes and empowers the Contracting Officer to take possession of the Concessionaire‟s property and dispose of same by public sale without notice, and out of the proceeds of sale, satisfy all costs and indebtedness to NAFI.

3. Indebtedness:

a. The Concessionaire will pay promptly and in accordance with the terms all indebtedness incurred in connection with the performance of this Concessionaire contract.

b. The NAFI may charge the Concessionaire for a dishonored check received from the Concessionaire, except when the bank acknowledges the return to be the result of bank error or the return is the result of a NAFI error. The amount charged by the NAFI will not exceed the administrative amount normally charged NAFI customers for dishonored checks.

4. Packaging/Price Marking. If required by the Contracting Officer, the Concessionaire will furnish, at its own expense, suitable bags, "sold" labels, and so forth, for securing a customer‟s purchase. If required, the packaging will be approved by the Contracting Officer. All items will be marked to reflect the selling price.

5. Claims by Concessionaire. No claim by the Concessionaire relating to this Concessionaire contract may be considered by the Contracting Officer unless such claim is submitted in writing to the Contracting Officer not later than 90 days after the effective date of termination or expiration of this Concessionaire contract. This clause does not extend the period for filing claims where specifically limited by another clause.

6. Nonwaiver of Defaults. Any failure by the NAFI to enforce or require strict performance of any terms or conditions of this Concessionaire contract will not constitute a waiver, and will not affect or impair such terms and conditions in any way or effect the right of the NAFI at any time to avail itself of such remedies as it may have for breach or breaches of such terms and conditions.

7. Trade Fixtures and Supplies. The Concessionaire will furnish, at its expense, all trade fixtures and supplies required for performance of this Concessionaire contract.

8. Quality/Warranty. All products authorized for the Concessionaire to sell will be marketable and sufficient for use intended, and not be "seconds" as the term is usually understood in the trade. All items will be acceptable to the customer and the Contracting Officer and will be subject to inspection and test for workmanship and quality at all times by the Contracting Officer or designee. Any item found to have a latent defect(s) may be returned to the

Concessionaire for replacement or refund as determined by the Contracting Officer.

9. Customer Complaints, Claims, and Refunds. The Concessionaire agrees to adhere to the NAFI policy of customer satisfaction guaranteed and will be responsible for refunds to customers due to customer dissatisfaction with an item or due to overcharges. All customer complaints, claims, and refunds will be resolved and made at Concessionaire‟s expense. Any disagreement that cannot be resolved between Concessionaire and the customer will be referred to the

Contracting Officer, whose decision will be final and not subject to the Disputes clause. If the Concessionaire fails to process complaints or claims and make refunds in a timely manner, the NAFI may settle customer complaints or claims and make such refunds, and charge the settlement cost to Concessionaire‟s account.

10. Internal Controls of Charge-Card Sales:

a. Concessionaire will establish internal control procedures consistent with provisions of this Concessionaire contract and with NAFI directives for a complete and accurate accounting of all transactions.

b. Each sale will be recorded at the time sale is made. The form will be prepared in duplicate, reflecting the applicable sales data, and signed by the customer. The original of the completed form is attached to the

Concessionaire Settlement Report and submitted to the supporting NAFI accounting office. The duplicate copy is retained by the Concessionaire.

c. Concessionaire may accept national charge cards customarily recognized in their commercial trade for customer payment of purchases. Concessionaire is responsible for the payment of any fees, charge backs, and other arranged costs levied by the charge-card-issuing companies.

d. The Contracting Officer, or designee, may conduct inspections considered necessary to ensure strict compliance by the Concessionaire with all provisions of this Concessionaire contract.

11. Concessionaire Settlement Report. At the conclusion of the sales period or as specified by the Contracting

Officer, Concessionaire will prepare a Concessionaire Settlement Report signed by the Concessionaire showing the gross sales for the period and percent due the NAFI, and give the NAFI the fees due for that period. The original of the form reflecting sales data will be attached. AF Form 2555 is the preferred form to be used.

12. Utilities. The NAFI will furnish sufficient quantities of space, heat, water, and electricity to satisfy the normal needs of Concessionaire for lighting, heating, drinking, sanitation, and the operation of suitable support equipment.

NOTE: If the Concessionaire is required to reimburse the United States Government for utilities furnished, then the rates are set by the installation commander and agreed to by both parties.

13. Premises. The assignment of space is revocable and is not construed as the creation of tenancy. Concessionaire is liable for any damage to or loss of the premises and NAFI furnished property or injury to persons resulting from acts or omissions of Concessionaire, its employees, or agents, whether or not covered by insurance. Sublet of any of the premises assigned or assignment to another concession is not authorized. Use of the premises and NAFI furnished property for any purpose other than those specifically set forth herein is prohibited. Concessionaire will not make any alterations in the facilities provided without prior authorization from the NAFI manager. Concessionaire will comply with installation fire and safety regulations, and applicable health and sanitation regulations. Concessionaire will post or display on the premises any sign furnished by the NAFI.

14. Taxes:

a. Concessionaire assumes complete and sole liability for all Federal, State, host country, and local taxes applicable to the property, income, and transactions of the Concessionaire, and where required by applicable laws and regulations, will collect and remit to the State applicable sales taxes. Sales taxes, which have been collected, are excluded from the computation of gross receipts in the determination of the fee payable to NAFI. The amount of taxes excluded will not exceed the actual sum payable to the State. Where required by State law or regulation, the

Concessionaire will obtain and conspicuously display the State sales tax permit.

b. The Concessionaire warrants that the amount payable to the NAFI has not been reduced by the amount of any tax or duty from which the Concessionaire is exempt. If any such tax or duty has been included the pricing or consideration through error or otherwise, the contract pricing or consideration will be correspondingly reduced or adjusted. If for any reason after the contract date, the Concessionaire is relieved in whole or in part from the payment or the burden of any tax or duty included in the contract pricing or other consideration, the contract pricing and other consideration will be correspondingly reduced or adjusted.

GENERAL PROVISIONS

l. DEFINITIONS (JAN 2005) - As used throughout this contract, the following terms and abbreviations have the meanings set forth below:

a. The term "contract" means this agreement or order and any modifications hereto.

b. The abbreviation "NAFI" means Nonappropriated Fund Instrumentality of the United States Government.

c. The term "Contracting Officer" means the person executing or responsible for administering this contract on behalf of the NAFI, which is a party hereto, or their successor or successors.

d. The term "Contractor" means the party responsible for providing supplies and/or services at a certain price or rate to the NAFI under this contract.

e. The abbreviation “FAR” means Federal Acquisition Regulation.

2. DISPUTES (NOV 2005)

a. Except as otherwise provided in this contract, any dispute or claim concerning this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall state his decision in writing and mail or otherwise furnish a copy of it to the Contractor. Within 30 days from the date of receipt of such copy, the

Contractor may appeal by mailing or otherwise furnishing to the Contracting Officer a written appeal addressed to the Armed Services Board of Contract Appeals, and the decision of the Board shall be final and conclusive;

provided that if no such appeal is filed, the decision of the Contracting Officer shall be final and conclusive. The

Contractor shall be afforded an opportunity to be heard and to offer evidence in support of any appeal under this clause. Pending final decision on such a dispute, however, the Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the Contracting Officer unless directed to do otherwise by the Contracting Officer.

b. A claim by the Contractor shall be made in writing and submitted to the Contracting Officer for a written decision. Contractors shall provide the certification specified below when submitting any claim. Any person duly authorized to bind the Contractor with respect to the claim may execute the certification.

“I certify that the claim is made in good faith; that the supporting data is accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the

Contractor believes the Government is liable; and that I am duly authorized to certify on behalf of the Contractor.”

c. This "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph "a" above, provided, that nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law.

3. LAW GOVERNING CONTRACTS (JAN 2005) - In any dispute arising out of this contract, the decision of which requires consideration of law questions, the rights and obligations of the parties shall be interpreted and determined in accordance with the substantive laws of the United States of America.

4. LEGAL STATUS (JAN 2005) - The NAFI is an integral part of the Department of Defense and is an instrumentality of the United States Government. Therefore, NAFI contracts are United States Government contracts; however, they do not obligate appropriated funds of the United States.

5. EXAMINATION OF RECORDS (JAN 2005) - This clause is applicable under contracts that are entered into by means of negotiation and where price and costing data are required to support a determination of price reasonableness. This clause does not apply to commercial items or when the Contracting Officer determines that prices agreed upon are based on adequate price competition. The Contractor agrees that the Contracting Officer or his duly authorized representative shall have the right to examine and audit the books and records of the Contractor directly pertaining to the contract during the period of the contract and until the expiration of three years after the final payment.

6. ASSIGNMENT (JAN 2005) - The Contractor or its assignee‟s rights to be paid amounts due as a result of performance of this contract, may be assigned. No assignment by the Contractor, assigning its rights or delegating its obligations under this contract will be effective and binding on the NAFI until the written terms of the assignment have been approved in writing by the Contracting Officer.

7. GRATUITIES (JAN 2005)

a. The NAFI may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this contract if it is found, after notice and hearing, by the Secretary of the Air Force or their duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Contractor, or any agent, or representative of the Contractor, to any officer or employees of the Government or the NAFI with a view toward securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such contract.

b. In the event this contract is terminated as provided in paragraph "a" hereof, the NAFI shall be entitled to pursue the same remedies against the Contractor as it could pursue in the event of a breach of contract by the Contractor, and (ii) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Secretary of the Air Force or their duly authorized representative) which shall be not less than three nor more than ten times the cost incurred by the Contractor in providing any such gratuities to any such officer or employee.

c. The rights and remedies of the NAFI provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

8. TERMINATION FOR CONVENIENCE (JAN 2005) - The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in the best interest of the NAFI. If this contract is for supplies and is so terminated, the Contractor shall be compensated in accordance with FAR, Sub Parts 49.1 and 49.2 in effect on this contract's date. To the extent that this contract is for services and is so terminated, the NAFI shall be liable only for payment in accordance with the payment provisions of this contract for services rendered prior to the effective date of termination, providing there are no Contractor claims covering nonrecurring costs for capital investment. If there are any such Contractor claims, they shall be settled in accordance with FAR, Sub Parts 49.1 and 49.2.

9. CANCELLATION BY MUTUAL AGREEMENT (JAN 2005) - Should the situation warrant, the parties upon mutual agreement and no costs, may cancel this contract.

10. TERMINATION FOR CAUSE (JAN 2005)

a. (1) The NAFI may, subject to paragraphs (c) and (d) below, by written notice of cause to the Contractor, terminate this contract in whole or in part if the Contractor fails to-

(i) Deliver the supplies or perform the service within the time specified within this contract or any

Extension;

(ii) Make progress, so as to endanger performance of this contract (but see subparagraph (a)(2) below);

or

(iii) Perform any of the other provisions of this contract (but see subparagraph (a)(2) below).

(2) The NAFI's right to terminate this contract under subdivisions (1)(ii) and (1)(iii) above, may be exercised if the

Contractor does not cure such failure within 10 days (or more if authorized in writing by the Contracting Officer) after receipt of notice from the Contracting Officer specifying the failure.

b. If the NAFI terminates this contract in whole or in part, it may acquire, under the terms and in the manner the

Contracting Officer considers appropriate, supplies or services similar to those terminated, and the Contractor will remain liable to the NAFI for any excess costs for those supplies or services. However the Contractor must continue the work not terminated.

c. The Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (1) acts of

God or of the public enemy, (2) act of the NAFI in either its sovereign or contractual capacity, (3) fires, (4) floods,

(5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and; (9) unusually severe weather.

Defaults by subcontractors at any tier for any reason do not constitute causes beyond the control and without the fault or negligence of the Contractor.

d. If this contract is terminated for cause, the NAFI may require the Contractor to transfer title and deliver to the

NAFI as directed by the Contracting Officer, any

(1) Completed supplies, and

(2) partially completed supplies and materials, parts, tool dies, jigs, fixtures, plans, drawings, information, and contract rights (collectively referred to as manufacturing materials in the clause) that the Contractor has specifically produced or acquired for the terminated portion of this contract. Upon direction of the Contracting Officer, the

Contractor shall also protect and preserve property in its possession in which the NAFI has an interest.

e. The NAFI shall pay the contract price for completed supplies delivered and accepted. The Contractor and

Contracting Officer shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes Clause.

The NAFI may withhold from these amounts any sum the Contracting Officer determines to be necessary to protect the NAFI against loss because of outstanding liens or claims of former lien holders.

f. If, after termination, it is determined that the cause by the Contractor was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for convenience of the NAFI.

g. The rights and remedies of the NAFI in this clause are in addition to any other rights and remedies provided by law or under this contract.

11. INSPECTION AND ACCEPTANCE (JAN 2005) - Inspection and acceptance will be at destination, unless otherwise provided in this contract. Notwithstanding the requirements for any NAFI inspection and test contained in specifications applicable to this contract, except where specialized inspections or tests are specified for performance solely by the NAFI, the Contractor, shall perform or have performed the inspections and tests required to substantiate that the supplies provided under the contract conform to the drawings, specifications, and contract requirements listed herein, including if applicable the technical requirements for the manufacturers' part numbers specified herein. 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 re-performance of nonconforming services at no increase in contract price. Acceptance of the supplies or services or a written notice of rejections must be accomplished on or before the fifth working day following delivery of the supplies or services, unless otherwise specified in this contract.

12. VARIATION IN QUANTITY (JAN 2005) - No variation in quantity of any item called for by this contract will be accepted unless authorized by the Contracting Officer.

13. PARTIAL DELIVERIES (JAN 2005) - Partial deliveries are not permitted unless authorized by the terms of the contract or approved by the Contracting Officer.

14. PAYMENTS (JAN 2005) - Partial payments will be made when deliveries are authorized or as approved by the

Contracting Officer. Payments and penalties for late payments are subject to the requirements established by the

Prompt Payment Act, as amended, and as implemented for NAFI's. If the NAFI makes payment but such payment fails to include a prompt payment penalty due to the Contractor within 10 days from when the contract payment is made, penalty amounts will not be paid unless the Contractor makes a written request within forty days after the date of payment.

15. HOLD AND SAVE HARMLESS (JAN 2005) - The Contractor shall indemnify, hold and save harmless, and defend the NAFI, its outlets and customers from any liability, claimed or established for violation or infringement of any patent, copyright, or trademark right asserted by any third party with respect to goods hereby ordered or any part thereof. Contractor further agrees to hold the NAFI harmless from all claims or judgments for damages resulting from the use of products or services listed in this contract, except for such claims or damages caused by, or resulting from negligence of NAFI customers, employees, agents, or representatives. Also, Contractor shall at all times hold and save harmless the NAFI, its agents, representatives, and employees from any and all suits, claims, charges, and expenses which arise out of acts or omissions of Contractor, its agents, representatives, or employees.

16. MODIFICATIONS (JAN 2005) - No agreement or understanding to modify this contract will be binding upon the NAFI unless made in writing and signed by a Contracting Officer from the office that issued the contract or its successor.

17. TAXES (JAN 2005)

a. Except as may be otherwise provided in this contract, the contract price includes all taxes, duties or other public charges in effect and applicable to this contract on the contract date, except any tax, duty, or other public charge, which by law, regulation or governmental agreement, is not applicable to expenditures made by the NAFI or on its behalf; or any tax, duty, or other public charge from which the Contractor, or any subcontractor hereunder, is exempt by law, regulation or otherwise. If any such tax, duty, or other public charge has been included in the contract price, through error or otherwise, the contract price shall be correspondingly reduced.

b. If for any reason, after the contract date of execution, the Contractor or subcontractor is relieved in whole or in part from the payment or the burden of any tax, duty, or other public charge included in the contract price, the contract price shall be correspondingly reduced; or if the Contractor or subcontractor is required to pay in whole or in part any tax, duty, of other public charge which was not applicable at the contract date of execution the contract price shall be correspondingly increased.

18. PROOF OF SHIPMENT (JAN 2005) - (Applicable to shipments outside the United States through the Surface

Deployment and Distribution Command (SDDC) and Parcel Post shipments to overseas destinations.)

a. Notwithstanding any clause of this contract to the contrary, payment will be made for items not yet received, upon receipt of an invoice accompanied by an appropriate proof of shipment. If shipment is made by insured parcel post, the contractor must furnish a copy of the Insured Mail Receipt issued by the US Postal Service. Otherwise, a stamped copy of a Certificate of Mailing issued by the US Postal Service must be furnished. If shipment is made by a common carrier (rail, air or motor freight), the Contractor must furnish a signed copy of the shipping document on which items are receipted for by the common carrier. A signed receipt by a NAFI representative at the delivery point (CCP or POE) is also acceptable evidence of proof of shipment.

b. Forwarding a proof of shipment and an invoice for payment by the Contractor shall be construed as a certification by the contractor that the items shipped conform to the specifications.

c. Notwithstanding any provisions of this clause or any payment made pursuant to the terms of this clause prior to receipt of the items contracted for, the NAFI retains the right to inspect upon receipt and the right to reject nonconforming items. The liability of the Contractor with respect to items for which payments have been made will, after inspection by the NAFI or after the expiration of a reasonable time following delivery to the NAFI within which inspection may be made, whichever occurs first, be limited to (i) exceptions taken at the time of inspection, and (ii) latent defects, fraud, or such gross mistakes as amount to fraud.

19. COMMERCIAL WARRANTY (JAN 2005) - The Contractor agrees that the supplies or services furnished under this contract shall be covered by the most favorable commercial warranties the Contractor gives to any customer for such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the NAFI by any other clause of this contract. The printed terms and conditions of such warranty will be provided to the NAFI with the delivery of any supplies covered.

20. ADVERTISEMENTS (JAN 2005) - Contractor agrees that none of its nor its agent's advertisements, to include publications, merchandise, promotions, coupons, sweepstakes, contest, sales brochures, etc, shall state, infer or imply that the Contractor's products or services are approved, promoted, or endorsed by the NAFI. Any advertisement, including cents off coupons, which refers to a NAFI, will contain a statement that the advertisement is neither paid for, nor sponsored in whole or in part by, the particular activity.

21. DISCOUNTS FOR PROMPT PAYMENT (JAN 2005)

a. Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered discount will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a prompt payment discount in conjunction with the offer, offerors awarded contracts may include prompt payment discounts on individual invoices.

b. In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the agency annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day.

22. INVOICES (JAN 2005):

a. An invoice is a written request for payment under the contract for supplies delivered or for services rendered. In order to be proper, an invoice should include (and in order to support the payment of interest penalties must include) the following:

(i) Invoice date;

(ii) Name of Contractor;

(iii) Contract number (including order number, if any), contract line item number, contract description of supplies or services, quantity, contract unit of measure and unit price, and extended total;

(iv) Shipment number and date of shipment (Bill of Lading number and weight of shipment will be shown for shipments on Government Bills of Lading);

(v) Name and address to which payment is to be sent (which must be the same as that in the contract or on a proper notice of assignment);

(vi) Name (where practicable), title, phone number and mailing address of person to be notified in event of a defective invoice; and

(vii) Any other information or documentation required by other provisions of the contract (such as evidence of shipment). Invoices shall be prepared and submitted in duplicate (one copy shall be marked “Original") unless otherwise specified.

b. For purposes of determining if interest begins to accrue under the PROMPT PAYMENT ACT (PUBLIC LAW

97-177):

(i) A proper invoice will be deemed to have been received when it is received by the office designated in the contract for receipt of invoices and acceptance of the supplies delivered or services rendered has occurred.

(ii) Payment shall be considered made on the date on which a check for such payment is dated.

(iii) Payment terms (e.g., "Net 20") offered by the contractor will not be deemed required payment dates.

(iv) The following periods of time will not be included:

(A) After receipt of improper invoice and prior to notice of any defect or impropriety, but not to exceed three days for meat and meat food products, five days for perishable agricultural commodities, and 15 days in all other cases, and

(B) Between the date of a notice of any defect or impropriety and the date a proper invoice is received.

When the notice is in writing, it shall be considered made on the date shown on the notice.

23. ELECTRONIC FUND TRANSFER PAYMENTS (AUG 2007) - Federal law 31 USC requires Federal payments to be made by electronic fund transfer. Any payment made on this contract will be made using the Government Purchase

Card as the method of EFT (unless otherwise specified within the contract or exempted by law).

24. NOTIFICATION OF DEBARMENT/SUSPENSION STATUS (JAN 2005) - The Contractor shall provide immediate notice to the Contracting Officer in the event of being suspended, debarred or declared ineligible by any other Federal Department or agency, or upon receipt of a notice of proposed debarment from another DOD Agency, during the performance of this contract.

25. NON WAIVER OF DEFAULTS (JAN 2005) - Any failure by the NAFI at any time, or from time to time, to enforce or require strict performance of any terms or conditions of this contract will not constitute waiver thereof and will not affect or impair such terms or conditions in any way or the NAFI‟s right at any time to avail itself of such remedies as it may have for any breach or breaches of such terms and conditions.

LIST OF FAR CLAUSES INCORPORATED BY REFERENCE

The provisions of the following clauses set forth in the Federal Acquisition Regulation (FAR) or DoD FAR

Supplement are hereby incorporated into this order or contract by reference with the same force and effect as though herein set forth in full. As used in the following clauses, the term "Government" is deleted and the abbreviation

"NAFI" is substituted in lieu thereof. The date of each clause shall be the current date set forth in FAR or DoD FAR

Supplement on the issuance date of this order or contract. Clauses made inapplicable by the reference or by the kind of order, contract (e.g., orders or contract for services instead of supplies) or dollar amount are self-deleting. The complete text of any clause incorporated in this order or contract by reference may be obtained from the contracting officer.

CLAUSE NO. REFERENCE CLAUSE TITLE

26 52.243-1 Changes - Fixed-Price

27 52.225-11 Buy American Act-Construction Materials

Under Trade Agreements

28 52.222-4 Contract Work Hours and Safety

Standards Act-Overtime Compensation

29 52.246-16 Responsibility for Supplies

30 52.222-26 Equal Opportunity

*31 252.225-7036 Buy American Act-Free Trade Agreements-

Balance of Payments Program

32 52.222-3 Convict Labor

*33 252.225-7002 Qualifying Country Sources as

Subcontractors

*34 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract Felonies

35 52.222-21 Prohibition of Segregated Facilities

36 52.223-3 Hazardous Material Identification &

Material Safety

*Denotes DFARS

HOST AGENCY CHECK

Security Requirements Overview

1. Local national contractor employees requiring access to United States Air Force-occupied United Kingdom bases must comply with Third Air Force Instruction 31-501, and all local Security Forces requirements. This is an overview and does not contain all the specifics contained in the Instruction.

2. New contractor employees may be escorted onto the installation, only, to fill out paperwork. The employee is not to start work until all required paperwork has been submitted to the appropriate office.

3. Prior to beginning employment on the installation, individuals must, at a minimum, have a completed Local Files

Check (LFC). Individuals with LFCs, are required to be escorted by an authorized US citizen (reference Instruction

31-501 for US citizen clearance requirements) or a local national with a Security Check (SC) who has escort authority.

4. Unescorted access requires a Host Agency Check (HAC). There are two levels of background investigations that meet the standards that meet this requirement. The level of background check required, will depend on whether the position is considered sensitive or non-sensitive.

a. The Counter Terrorist Check (CTC). The CTC is a national-level security and police background investigation conducted by the DVA. This is the minimum check required for all contractor/subcontractor employees in non-sensitive positions requiring unescorted installation access. The CTC expires three years from the issue date.

b. The Security Check (SC). The SC includes all of the elements of the CTC but is a more comprehensive investigation and includes such actions as a credit check, interviewing relatives, determining and evaluating the individual‟s involvement in various organizations, verifying any past military experience, etc. This is the minimum check required for employees and contractor personnel in sensitive positions. Most SCs expire five years from the issue date.

5. Individuals employed in sensitive positions may only be assigned to and or perform the non-sensitive portion of the position until the SC is positively completed or they must be provided with direct supervision by a U.S. citizen or an individual with a completed SC.

6. Investigation renewal. All employees renewing their background investigation will complete an MOD Form

1109, Security Questionnaire. On the front cover of the form, under General Details, the employee will mark the appropriate block indicating a security questionnaire has been completed before and will complete the form with current information. Renewal paperwork should be submitted 6 months prior to the current background expiration date to avoid a possible lapse in installation access.

7. Functional Quality Assurance Personnel (QAP) will be the point-of-contact for processing security clearances.

They will provide necessary documents to contractor employees, compile completed forms, submit documents to

Security Forces, and sign USAFE Form 79. The following must be accomplished „in-turn‟ for all new contractor employees.

Contractor will provide the following to QAP:

-Completed LCF (conducted by HAC Office)

-Completed MOD Form 1109, Security Questionnaire (required for CTC or SC; completed by unit submitter)

-Completed USAFE Form 19, Residency Check for Employment with United States Air Forces in Europe

-Completed AF Form 2583, Request for Personnel Security Action

-Completed USAFE Form 79, Application for Base Entry Identification (completed by unit submitter)

-Completed Basic Check Verification Record (BCVR)(verified and signed by unit submitter)

8. Upon receipt of a favourable HAC and all required documentation, the contractor employee will be issued a

USAFE Form 77 which must be in the employee's possession at all times while on the installation. The expiration date of the Form 77 will be the contract expiration date or one year, whichever is shorter. The contractor is responsible for collecting and turning in to the QAP, all Form 77s for employee who are no longer in their employment

Attachment(s):

Statement of Work

STATEMENT OF WORK

FOR

CONTRACTING OUT

100 FSS NAF FOODSERVICE

RAF Mildenhall, United Kingdom

VISION: Wide…