Juice_and_Beverage_Concession_Articles_Travis_AFB.pdf

ARTICLE I:

That the NAFI will:

1. Grant the Concessionaire permission to furnish, install, and maintain the machines required for the operation of a

Juice and Beverage Concession.

2. Furnish sufficient quantities of space and utilities (electrical outlets and water).

3. Reserve the right to approve or disapprove any machine the Concessionaire may use.

ARTICLE II.

The Concessionaire must:

1. Provide juice and beverage products as approved by the 60th Contracting Squadron’s contracting officer or their duly authorized representative.

2. Before beginning performance under this agreement, the Concessionaire will submit a listing of items to be sold, with corresponding selling prices, to the 60th Contracting Squadron’s contracting officer for approval or disapproval action. The final approved listing is considered part of this agreement and will be incorporated as part of the contract by a bilateral modification. The menu may change throughout the length of the contract, but only with the 60th Contracting Squadron’s contracting officer approval and subsequently documented by a bilateral modification. The price list will be placed in an area viewable by patrons.

3. At Concessionaire's expense, obtain all permits, give all necessary notices; pay all license fees; and comply with all municipal, prefectural, and national laws, rules, ordinances, and regulations, and any publication published by the military relating to public health or applicable to the business carried on under this agreement and assume complete and sole liability for all national, state, and local taxes applicable to the property, income, and transactions of the concession.

4. Comply with all applicable laws pertaining to wages, worker's compensation, equal opportunity, Service

Contract Act, and so forth, as implemented by Air Force directives and required by law.

5. Comply with all memoranda, bulletins, and letters of instruction issued by or in behalf of the 60th Contracting

Squadron contracting officer.

6. Keep the concession area clean, orderly, attractive, secure, and in a safe and sanitary condition in accordance with all applicable health laws and regulations.

7. Employ only persons who meet the health standards prescribed by law or regulations, which pertain to the jobs for which they are hired.

8. Furnish a sufficient number of trained employees for the efficient performance of this Concessionaire contract.

Concession personnel must meet the health and security standards prescribed by applicable regulations, and must obtain installation passes and permits. Concession personnel must give prompt and courteous treatment to customers. Concessionaire provides employees clean uniforms or, when uniforms are not required, ensures that all clothing worn by employees is clean and in good condition at all times. A nameplate must be worn.

9. Remove from employment in the concession, on the request of the 60th Contracting Squadron contracting officer, any servant, agent, or employee of the Concessionaire if, in the opinion of the 60th Contracting Squadron contracting officer or their duly authorized representative, the conduct of such person, while in and about the premises covered by this contract interferes with proper services or discipline.

10. Obtain insurance for all non-Government property and merchandise used by the Concessionaire in the operation of the concession against theft, fire, storm, flood, and damage, or destruction through any other force of nature; or in lieu thereof, to relieve the Travis AFB from any liability arising from such theft, loss, damage, or destruction. The

Concessionaire must have liability insurance commensurate with the risks involved, and furnish proof of such to the

60th Contracting Squadron Contracting Officer.

11. Not leave cash on the premises during non-operational hours.

12. Be responsible for paying all operating expenses not expressly undertaken by the NAFI.

13. Maintain a Cash Collection Record, showing all income received, in accordance with instructions from the

NAFI. Any failure by the Concessionaire, its servants, employees, or agents, to enter all monies received on control sheets will be cause for immediate cancellation of this contract. The contractor must supply the 60th Contracting

Squadron’s Contracting Officer with quarterly financial reports to include gross sales, expenses, and profit.

Finacial reports are due by the 15 th day of the next quarter.

ARTICLE III.

Concessionaire will not:

1. Represent or permit itself to be represented to the public as an agent or employee of the NAFI by the use of the name of the NAFI on letters, bills, signs, or by any other means. The Concessionaire or its employees are not agents of the United States, the NAFI, the commander of the installation within which the concession exists, or of any other entity having to do with the operations of the NAFI.

2. Sell or remove any property that is owned by the NAFI or any other part of the Federal Government and is used in the operation of the concession.

3. Engage in or permit gambling or possession or use of any gambling device on the concession premises or elsewhere on the installation.

4. Sell, deal in, or otherwise possess or transfer, on the concession premises, any form of intoxicating liquors, narcotics or any other intoxicating beverages or controlled substances.

5. Loan money to or borrow money from customers or others, which includes Federal Government (including

NAFI) employees and military personnel.

6. Sell merchandise or services for anything other than US currency, unless authorized in writing by the Contracting

Officer.

7. Sell merchandise or services on credit.

8. Give or offer to any officer or employee of the NAFI, or any other part of the Federal Government, any gift, privilege, special benefit, discount, or anything else of material or personal nature whereby the individual or employee would receive preferential treatment.

ARTICLE IV:

1. Air Force Auditor General personnel, or any person designated by the installation commander, will have the right to inspect or audit the accounts and methods of internal control established by Concessionaire, and to make such inspection or audits as may be considered necessary to ensure strict compliance by Concessionaire with all provisions of this contract and with applicable Air Force regulations.

2. This contract, unless sooner terminated as herein provided, may be extended for four (4) additional periods, each of which may not exceed (12) months by mutual agreement of the parties in writing, subject to approval in the same manner as this instrument.

3. This contract is automatically terminated in the event the NAFI is dissolved.

4. Any monies due and payable to the NAFI from the Concessionaire on the date of this contract must be paid in full or will remain due and payable until final settlement.

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, vacate 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 excluding permanent changes to real property. On failure to remove the Concessionaire’s property within 15 days after terminiation, the

Contracting Officer may direct Concessionaire’s property to be removed and stored in a warehouse at the

Concessionaire’s expense. If the Concessionaire is indebted to the NAFI for more than 15 days, 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 $25 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 to 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 approved by 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 for a complete and accurate accounting of all transactions.

b. 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.

11. 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.

12. 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 60th Contracting Squadron contracting officer. 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 60th

Contracting Squadron contracting officer.

13. Taxes:

a. Concessionaire assumes complete and sole liability for all Federal, State, 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.

APPENDIX A

STATEMENT OF WORK FOR JUICE AND BEVERAGE CONCESSION

C.1. GENERAL. This performance work statement is designed to describe requirements in support of a juice and beverage concession within the Travis Fitness Center.

C.1.1. SCOPE OF WORK. The Contractor shall provide all personnel, supervision, training, equipment, labor, supplies, and services necessary for the operation of a juice and beverage concession on Travis Air Force Base.

C.1.2. EMPLOYEES. The Contractor shall furnish a sufficient number of trained employees for the efficient performance of this Concessionaire Contract. The contractor will provide this training at no additional cost to the

NAFI or the government. Contractor provides employees clean uniforms, or when uniforms are not required, ensures that all clothing worn by employees is clean and in good condition at all times. Nametag must be worn.

C.1.2.2. All Food Facility Supervisors/Managers and Concessionaires must integrate food safety procedures into all aspects of their operation in accordance with in accordance with(IAW) the FDA 2001 Food Code.

C.1.2.3. IAW Air Force Instruction 48-116, all food served to consumers on Travis AFB must be purchased only from approved sources in collaboration with Public Health, and must be stored, prepared, and served IAW the FDA

2005 Food Code, with Air Force specific changes. Air Force revised editions of the Food Code are available from the Public Health office upon request. Link to Pub Health:

http://www.phsource.us/PH/FBI/AF%20Food%20Code%202005.pdf.

C.1.2.4. Public Health will inspect base food facilities to verify compliance with the Food Code and document inspections using AF Form 977, Food Facility Evaluation. The Fitness Center juice and beverage concession will be inspected monthly unless the Aerospace Medicine Council deems the frequency needs to be changed.

C.1.2.5. The Contractor shall not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest. The Contractor shall not employ any person who is an employee of the Department of the Air Force, either military or civilian, unless such person seeks and receives approval according to the DoD 5500.7-R, Joint Ethics Regulations (JER) and any other prescribing directives. In addition, the Contractor shall not employ any person who is an employee of the Department of the Air Force if such employment would be contrary to the policies contained in AFI 64-106, Air Force Industrial Labor Relations

Activities located at: http://www.e-publishing.af.mil.

C.1.2.5. The selection, assignment, reassignment, transfer, supervision, management, and control of contractor employees in performance of this work statement shall be the responsibility and prerogative of the contractor.

However, the contractor shall comply with the requirements set forth in AFMAN 34-310 Non-Appropriated Fund

Personnel Program Management Administration Procedures located at http://www.e-publishing.af.mil concerning the conduct of employees as referenced therein.

C.1.2.5. Contractor personnel shall comply with directives pertaining to operation of privately owned vehicles on

Travis Air Force Base per AFI 31-204, Motor Vehicle Traffic Supervision located at http://www.e-publishing.af.mil.

C.2.5. Concessionaire and Contractor. The terms 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 there under.

C.3. GOVERNMENT FURNISHED PROPERTY/SERVICES.

C.3.1. The MWRF will provide space in the Travis Fitness Center to accommodate the contractor to provide services during normal operating hours.

http://www.phsource.us/PH/FBI/AF%20Food%20Code%202005.pdf http://www.e-publishing.af.mil/ http://www.e-publishing.af.mil/

C.3.2. The MWRF will provide use of the equipment detailed below to the Contractor during the period of this contract.

C. 3.3. The equipment detailed in C.3.2 is supplied by the Fitness Center; however, the Contractor is responsible for service and maintenance to include all parts, shipping and labor. Upon expiration/termination of this Contract, the equipment remains the property of the Travis Fitness Center. The government will not provide replacements of the equipment in C.3.2.

C.3.4. 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 thereof.

C.3.5. Advertising/Marketing Support All Contractor initiated advertising, signage, promotional materials, etc, shall be at the Contractor’s expense and must be submitted to the Fitness Center Director (60 FSS/FSVS) for approval before publication, distribution, and/or posting. All marketing and signs must be professional grade.

Marketing in The Tail Wind (base newspaper) is at the sole expense of the Contractor, if chosen as media source.

C.4. SPECIFIC TASKS/SERVICES.

C.4.1. The Contractor shall obtain at their expense all permits, and give all necessary notices; pay all license fees;

and comply with all municipal, prefecture, and national laws, ordinances, rules, and regulations. The Contractor shall also obtain any publication published by the military relating to public health or applicable to the business carried on under this agreement. Assume complete and sole liability for all national, state, and local taxes applicable to the property, income, and transactions necessary to conduct and operate a concession on Travis AFB.

C.4.2. The Contractor shall provide all equipment associated with opening and operating the juice and beverage concession and will construct/provide any additional cabinets, counter tops, signs, bar stools, and other supplies/equipment (to include blenders, mixers, coolers, etc.), necessary to operate the concession, unless otherwise specified in this Statement of Work. Any and all facility real property changes and/or alterations shall not commence without prior authorization from the 60th Contracting Squadron contracting officer, in conjunction with coordination and approval of the installation’s Civil Engineer Commander or designated representative. As-built drawings and material submittals shall be furnished at the request of the Contracting Officer. If required, the contractor shall conform to the provisions of AFI 31-101, The Air Force Installation Security Program, for safeguarding facilities and material contained therein located at: http://www.e-publishing.af.mil. The contractor shall be responsible for the maintenance, repair, and/or replacement of their own equipment. The contractor retains ownership of all equipment purchased by the contractor.

C.4.3. The Contractor shall provide a full-time employee as facility manager. He/she must be capable of and responsible for operation of the juice and beverage concession. The name of this person and an alternate(s), who shall act for the contractor when the manager is absent, shall be designated in writing to the Contracting

Officer(CO) within 10 days after contract award. The contractor shall provide the CO, within 10 days after contract award, telephone numbers of the facility manager and alternate(s), so these persons may be contacted outside of normal duty hours, if necessary. The facility manager or alternate(s) shall have full authority to act on behalf of and/or for the contractor on all matters relating to the daily operations of this contract on Travis AFB. The facility manager or alternate shall be on-site during the hours of operation.

Quantity Description SERIAL NUMBER MODEL

1 SMOOTHIE BAR WO2000002970

B1 SMMOTHIE

SINK 56"

1 SC000006- REFRIDGERATOR

MDL #2020 F GLASS

DOORS

MDL #2020 F

GLASS DOORS

1 ICE MACHINE 90213200011827 CU15262A-1A

C.4.4. The Contractor may provide for sale to all customers: nutritional items such as shakes, fruits, beverages, water, juice, low fat snacks, protein bars, and limited preapproved food items. Plain coffee and specialty coffees are permitted for sale.

C.4.4.1. Sold items will not include ephedrine, hemp products, anabolic steroids or any DoD banned supplements.

A minimum of three (3) basic flavors of nutritional juices will be available.

C.4.4.2. Before beginning performance, the proposed Concessionaire will submit a complete listing of items, with corresponding list of all ingredients in products proposed for sale, as well as the corresponding selling prices for the items to the Contracting Officer for approval/disapproval. The final approved listing is considered part of this agreement. Any future changes to product offerings will go through preinspection and above-listed approval process for approval/disapproval prior to being offered to Travis Fitness Center customers.

C.5. The concession shall be operational a minimum of five (5) days a week, for a minimum of 50 hours per week.

The Contractor may arrange operating hours within these parameters based upon traffic count and business judgment. A work schedule will be provided to the 6oth Contracting Squadron Contracting Officer on a monthly basis and as changes occur. Hours of operation will be posted so customers can see them. The peak hours of the fitness center are from 6am-9am, 11am-1pm & 4:30pm-8pm. The concessionaire shall operate at least 40 hours of the specified 50 minimum during the peak hours of the fitness center.

C.5.1. If the Fitness Center is required to close or has to be evacuated for a period of time while the concession is open for business due to FPCON actions or base exercise, the Contractor has no right to seek damages against the government. The Contractor must comply with all issued conditions/evacuation standards immediately. These hours will count toward minimum hours if concessionaire staff is present and ready to work but not able to due to

FPCON action or base exercise.

C.6. The Contractor will maintain, during any contract period, insurance coverage as required to meet Air Force legal liability requirements.

C.7. The Contractor will be operational within 15 days from date of contract award, or sooner if agreed upon by the

Contracting Officer.

C.8. The period of performance for this contract shall be 12 months after the date of award with 4 Option Years.