Sports Lounge Solicitation - January 2009.pdf

RAMSTEIN SPORTS LOUNGE AND RESTAURANT CONCESSIONAIRE CONTRACT

CONTRACTUAL CONTENTS : This contract consists of the following documents:

a. Signature Page…………………………….Page 1

b. Schedule (Articles I-IV)…………………..Pages 2 thru 4

c. Special Provisions………………………...Pages 5 thru 6

d. 435 th

Services Corporate Advertising

Standards………………………………………Page 7

e. Statement of Work………………………..Pages 8 thru 14

f. General Provisions (Clauses 1-45)……….Pages 15 thru 23

g. Attachment 1, Equipment Inventory List...Page 24 thru 26

h. Attachment 2, Dram Shop Theory……….29 Slides

FOR THE NAFI: FOR THE CONCESSIONAIRE:

Signature of Contracting Officer Signature of person authorized to sign contract

Tax No.

Type or print name Type or print name and title

700 CONS/LGCB

Bldg. 164, Rhine Ordnance Barracks

67663 Kaiserslautern

Tel. 0631-536-8013

Address and phone number Date Address and phone number Date

SCHEDULE

Place of Performance: Sports Lounge, Kaiserslautern Military Community Center (KMCC), 66877 Ramstein Air Base

LINE ITEM PERFORMANCE PERIOD MINIMUM REMUNERATION PROPOSED REMUNERATION

001 Basic Period 15% of gross sales or $2,500.00 ___% of gross sales or $_______

1 May 09 or date of award, per month, whichever is greater per month, whichever is greater

002 First Option Year 15% of gross sales or $3,000.00 ___% of gross sales or $_______ per month, whichever is greater per month, whichever is greater

003 Second Option Year 18% of gross sales or $3,000.00 ___% of gross sales or $_______

004 Third Option Year 18% of gross sales or $3,000.00 ___% of gross sales or $_______

005 Fourth Option Year 20% of gross sales or $3,000.00 ___% of gross sales or $_______

006 Fifth Option Year 20% of gross sales or $3,000.00 ___% of gross sales or $_______

007 Sixth Option Year 22% of gross sales or $3,000.00 ___% of gross sales or $_______

008 Seventh Option Year 22% of gross sales or $3,000.00 ___% of gross sales or $_______

009 Eighth Option Year 22% of gross sales or $3,000.00 ___% of gross sales or $_______

010 Ninth Option Year 22% of gross sales or $3,000.00 ___% of gross sales or $_______

SITE VISIT

A site visit has been scheduled for ___________ at 1400 hours, where prospective contractors may inspect the area where services are to be performed and to satisfy themselves as to the general and local conditions that may effect the cost of performance of the contract, to the extent such information is reasonably obtainable. Prospective contractors that are interested in attending the scheduled site visit must advise the contract administrator two working days prior to the scheduled visit if they plan to attend, Tel. 06371-47-5991, NAF Purchasing Office/435 SVS/SVFLC. In no event will a failure to inspect the site constitute grounds for a claim after award of the contract.

NOTE TO OFFERORS – YOUR OFFER MUST BE FILLED IN ON THIS SCHEDULE.

ARTICLE I: That:

1. This Concessionaire contract by and between 435 th

Services Squadron hereinafter referred to as the NAFI, and

__________________, hereinafter referred to as the Concessionaire, is for the Concessionaire to operate a Sports Lounge and Restaurant to authorized patrons at assigned space at the Kaiserslautern Military Community Center (KMCC), 66877 Ramstein Air Base for a period of twelve (12) months, beginning 1 May 2009 or date of award, whichever is later and with nine on-year options to extend the contract. The hours of operations of this concession will be as specified in the statement of work. The NAFI will furnish for use of the Concessionaire the described items as listed in the statement of work.

2. For its services provided to the NAFI, the Concessionaire will receive the monthly gross receipts/sales minus the remuneration as listed in the schedule of this contract. 100% payment of fees with cash collection records due the NAFI shall be made in Dollars by close of business each day of performance. The Concessionaire shall accept credit cards, such as Visa /

MasterCard for payment from patrons, see special provisions, paragraph 11. The Concessionaire shall accept personal checks from authorized customers, drawn upon a US bank in Dollars and made payable to the “NAFI”. Checks shall NOT be made out for more than the amount of purchase. 435 th

Services Squadron check cashing policies shall be followed. The NAFI will provide to the Concessionaire the current dishonored check listing and no personal checks may be accepted as payment from an individual named thereon. In the event a bad check is accepted, the Concessionaire’s account will be debited for the amount of the check plus any service charges applicable thereto. The Concessionaire shall submit to the NAFI an invoice together with an appropriate VAT relief form (Abwicklungsschein) , after the 15 th of the month, again after the last business day of each month, for the reimbursement of all monies due from sales, less the remuneration due to the NAFI. Payment to the Concessionaire will be made via electronic funds transfer (EFT) within ten days after receipt of an invoice and completed

VAT relief form (Abwicklungsschein) from the Concessionaire.

ARTICLE II. The Concessionaire shall:

1. Provide products or services of a quality satisfactory to the NAFI manager or their duly authorized representative.

2. Before beginning performance under this agreement but not later than 10 calendar days after award notification, submit a listing of items, with corresponding selling prices, to the Contracting Officer for approval or disapproval action. The final approved listing is considered part of this agreement.

3. Place the price list in a conspicuous spot for patrons to see.

4. At Concessionaire's expense, obtain all permits, give all necessary notices; pay all license fees; and comply with all municipal, perfectural, 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. Assume complete and sole liability for all national, state, and local taxes applicable to the property, income, and transactions of the concession.

5. Comply with all applicable laws pertaining to wages, worker's compensation, equal opportunity, and so forth, as implemented by Air Force directives and required by law.

6. Comply with all memoranda, bulletins, and letters of instruction issued by or in behalf of the NAFI manager or their duly authorized representative. Ensure compliance with the “No Smoking” requirements established by the NAFI by employees and customers in the Concessionaire operated areas.

7. Keep the concession area clean, orderly, attractive, secure and in a safe and sanitary condition to the satisfaction of the

NAFI manager or duly authorized representative. All service personnel, facilities and equipment used in the preparation, production, processing, handling, storage or delivery of food and drink products shall meet the sanitary standards prescribed by the NAFI, and bacteriological requirements established by current directives. The Concessionaire’s personnel and facility are subject to inspection by Medical and Safety teams without advance notice.

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

9. 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 and security clearances as applicable. Concession personnel must give prompt and courteous treatment to authorized customers. Concession personnel must be neatly dressed and meticulous in their personal grooming at all times.

Concessionaire ensures that all clothing worn by employees are clean and in good condition at all times. A nameplate must be worn by each employee.

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

11. 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. The Concessionaire shall have liability insurance of at least the minimum of EURO 1,000,000 for bodily injury and death, and EURO 1,000,000 for property damage, and furnish proof of such to the Contracting Officer within 10 calendar days after award notification but prior to the first performance day of the contract. Agree to hold harmless the United States, the NAFI and any other instrumentality thereof for any loss of non-Government property and merchandise which may result from participation in this concession. This includes but is not limited to such damage, destruction or loss as may result from fire, storm, flood, any other force of nature, theft, human act or negligence on the part of the United States, the NAFI or any other instrumentality thereof.

12. Not leave cash on the premises during non-operational hours. See statement of work, paragraph 1.6.

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

14. 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.

ARTICLE III.

Concessionaire shall 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, its servants, agents, and employees, are in no sense 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 narcotics, drugs or any intoxicating liquors, except as authorized by this contract.

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 with the exception of credit cards.

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 appear to receive preferential treatment.

ARTICLE IV:

That:

1. Air Force Auditor General personnel, or any person designated by the installation commander, shall 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 additional periods, each of which may not exceed twelve (12) months by mutual agreement of the parties in writing, subject to approval in the same manner as this instrument. In no event will the period of performance exceed ten (10) years.

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. Termination: Notwithstanding the clause titled "Termination for Convenience" of the General Provisions relative to termination of this Concessionaire contract, it is mutually agreed that this Concessionaire contract may be terminated in whole or in part by either party immediately on written notice to the other party in the event of breach of this Concessionaire contract by the other party:

a. Immediately on written notice to the other party in the event of breach of this Concessionaire contract by the other party.

b. On 1-day notice in writing to the other party. No liability ensues to either party for terminations rendered pursuant to this subparagraph b.

3. 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.

4. 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.

5. RESERVED.

6. 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.

7. 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.

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

9. RESERVED.

10. Customer Complaints, Claims, and Refunds. The Concessionaire agrees to adhere to the NAFI policy of customer satisfaction guaranteed and shall be responsible for refunds (to include cash refunds) to customers due to customer dissatisfaction with an item or due to overcharges. All customer complaints, claims, and refunds shall be resolved and made at Concessionaire’s expense. Any disagreement that cannot be resolved between Concessionaire and the customer shall be referred to the Contracting Officer, whose decision shall 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.

11. 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 shall be recorded at the time sale is made. The form shall 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 shall 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.

12. Concessionnaire 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 shall be attached. AF Form 2555 is the preferred form to be used.

13. 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.

14. 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.

15. Taxes: 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. 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 shall 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 shall correspondingly reduced or adjusted.

435th Services Corporate Advertising Standards for

Contractors and Concessionaires

435th Services Contractors and Concessionaires may produce advertising materials to promote sales with the following guidelines:

1. All advertising materials i.e. posters, flyers, print ads, coupons, promotional materials must be approved for publication in advance by 435th Services Marketing Director or designee.

2. All advertising materials must be in good taste and not be offensive to people of different cultures, genders or portray the Air Force in a negative light.

3. No other sponsor logos may appear on the same advertising piece unless previously approved by the 435th

Services Marketing Director or designee.

4. Advertising materials must have all text correctly spelled with correct grammar and punctuation.

5. If the concessionaire is located in a Services facility, then the proper usage of the facility’s official name, location and logo and should be used. Building number and both DSN and civilian telephone numbers should appear on the ad.

6. All flyers, brochures and posters should highlight the most important information by answering the questions:

Who, What, When and Where.

7. Civilian time is utilized on all display ads in the Stars and Stripes, KA and Find It Guide, etc.

8. Scanned images or paste-up images must be clear, not dark or crooked, and easily identifiable when printed.

Clip art must not be outdated.

9. The 435th Services logo or any affiliation with the Air Force must not be used by the Concessionaire in other forms of promotion which would infer or imply that the Concessionaire’s products or services are approved, promoted or endorsed by the Air Force.

STATEMENT OF WORK

SPORTS LOUNGE AND RESTAURANT CONCESSION

NOTE: THIS REQUIREMENT WILL BE AWARDED UNDER ‘BEST VALUE’ PROCEDURES. THE

PARAGRAPHS BELOW REPRESENT THE GOVERNMENT’S MINIMUM NEEDS. HOWEVER, OFFERORS

ARE ENCOURAGED TO SUBMIT PROPOSALS THAT ACHIEVE THE GOVERNMENT’S NEEDS AND

PROVIDE FOR INNOVATIONS TO CUSTOMER SERVICE THAT ENHANCE CUSTOMER

SATISFACTION OR EXPERIENCE.

1.0 In exchange of the right to operate a Sports Lounge and Restaurant

Kaiserslautern Military Community Center (KMCC) controlled by the Ramstein

Officers‟ Club, the concessionaire agrees to and understands the following:

1.1 Food Operation - The Concessionaire shall operate an American Style

Sports Lounge with a menu of German and American food and beers. The

Concessionaire shall sell German Style food such as sandwiches, Schnitzel, Bratwurst; American Style food such as hamburgers, cheeseburgers, philly steak sandwiches; and other menu items to authorized patrons for consumption on the premises or carryout. Items in direct competition with other Services activities are not authorized for sale. This includes Oriental and Italian style food, and Pizza, unless individual pizza for “on premise only consumption”. Food and beverages offered shall be coordinated by the NAFI management and approved by the Contracting Officer.

1.1.1 Concessionaire shall operate the concession from 1100 to 0100 hours

Sunday through Saturday including holidays. The Concessionaire is expected to operate the concession 52 weeks throughout the calendar year. The

Concessionaire shall coordinate limited hours of operation of the concession for holidays with the NAFI Manager. If business hours and days of operation need to be changed to meet the needs of the customers, the Concessionaire is required to submit a written request for changing operating hours to the

NAFI manager for coordination. The Contracting Officer has final approval to change operating hours. No change may take place without written authorization from the Contracting Officer. Menu items shall be priced by the Concessionaire, reviewed by the NAFI and approved by the Contracting

Officer. The Concessionaire shall print menus with $ prices that are available to customers. The Concessionaire shall submit any requests for proposed additions, deletions, or changes to the original menu and price list to the NAFI manager for coordination. The Contracting Officer‟s written approval is required prior to change. If a change to either prices or hours of operation is granted, the concessionaire shall post the change in a conspicuous place for a minimum of 15 calendar days PRIOR to implementing such change.

1.1.2 Any products stored by the NAFI on behalf of the concession are not covered by the NAFI insurance. The Concessionaire is required to provide insurance coverage for all products and furnish proof of such to the

Contracting Officer within 10 calendar days after award notification.

1.1.3 The Concessionaire is authorized to purchase from the local KMC commissary meat, dairy, perishable and non-perishable food products and supplies, which are non-food items only for use under subject contract and at his/her expense.

1.1.4 The Concessionaire shall ensure that all alcoholic beverages served by the bottle are labeled with the US government-warning label. In addition the concessionaire shall have a warning label at the cash register/bar if served by the glass. The Concessionaire shall ensure all members of their staff are trained in responsible serving and selling of alcoholic beverages as stated in DRAM Shop procedures, attachment 2 and by local laws. The concessionaire shall obtain liability insurance or in lieu thereof, to relieve the NAFI from any liability arising from injuries to patrons after consuming excessive alcohol.

1.2 The NAFI shall provide at no additional cost to the Concessionaire:

1.2.1 Space for the operation of this concession. Size: approx 560 m²

1.2.2 Electricity, water, drainage, heat;

1.2.3 Access to dumpsters to dispose of trash produced by the sports lounge operation;

1.2.4 Current dishonored check listing for check cashing use. The

Concessionaire is responsible for payment to the NAFI for any dishonored check accepted by the Concessionaire from individuals on the dishonored checklist.

1.2.5 The NAFI may provide installed kitchen equipment and furnishings to operate the concession. The kitchen equipment provided by the NAFI at the beginning of the contract will be new and in working condition (see attachment 1, equipment list). The concessionaire shall be responsible for repair/maintenance of all NAFI equipment and furnishings signed over after initial inventory. The Concessionaire will not be responsible for normal wear and tear of these items, but shall be responsible for their replacement if damaged due to negligence. Both the NAFI and Concessionaire prior to the first performance date will take a physical inventory. Additionally, periodic inventories may be taken by the NAFI when required as part of a requirement for compliance with an Air Force Regulation. The Concessionaire shall be present during this inventory. The Concessionaire shall be responsible to maintain furnishings and finishes in excellent condition, keeping all furniture, wall coverings, window treatments and decorations in good repair. The concessionaire shall ensure any warranties of NAFI provided equipment and supplies of are maintained, that only certified technicians are used for any repairs and that the manufactures recommended maintenance plan is followed.

1.3 Concessionaire shall provide all electrical equipment and supplies required for operation of this concession beyond that provided by the NAFI.

The Concessionaire shall conduct a survey of plans and a site survey to determine any additional equipment and supplies required for operation of the Sports Lounge in addition to equipment provided by the NAFI. Additional equipment and supplies are the responsibility of the concessionaire.

1.3.1 The Concessionaire may change or improve the interior décor of allocated space at his/her expense. Any interior change shall be coordinated with and approved by the NAFI manager or authorized representative prior to implementing such change. No changes shall take place for the first 3 years of this contract unless approved by the NAFI manager or representative. There could be an occasion to make a change due to a sporting event that has great meaning and impact on the community. An example would be if Germany won the World Cup. Regardless, all changes shall be coordinated with the NAFI manager or authorized representative.

1.3.2 At the end of the fourth year of this contract, the concessionaire shall update the interior décor of the facility and pictures/posters.

Improvements to the interior décor must be approved by the NAFI manager or authorized representative. Improvements will be of equal quality to original and décor items.

1.3.3 The Concessionaire may install equipment based on availability of adequate electrical power supported by electricity furnished to the facility.

1.3.4 Audio-video Equipment - The NAFI will furnish televisions and amplifier/receiver (see attachment 1, equipment list). The concessionaire will provide cable Television service through the cable company that serves the base. Televisions will be both NTSC and PAL capable and the concessionaire will tune televisions to sporting events and news channels as is customary in an American Sports Bar. The NAFI will provide wireless internet access “hot Spots” for customer use. TV service must be of good taste and meet AF Standards.

1.3.5 Commercial Telephones. The Concessionaire shall be responsible for any costs associated with the installation and operation of commercial telephones.

1.3.6 Fixtures, inventory and other installed equipment identified in the contract as “concessionaire own” shall remain the property of the

Concessionaire.

1.3.7 The Concessionaire shall be responsible for payment of the mandatory

(monthly or quarterly as necessary) cleaning of the grease exhaust system and for fire extinguishing system maintenance. The cost for cleaning and maintenance will be deducted from the payments made to the Concessionaire.

1.3.8 The game room will be operated by the NAFI with all monies from game operations belonging to the NAFI. The concessionaire will provide food and beverage service to the game room. The NAFI will also operate coin operated pool tables and juke box system with all monies from both operations belonging to the NAFI. Pool table and juke box harvest will take place weekly with a representative from the NAFI verifying harvest amounts. The

Concessionaire is not authorized to install and operate any other amusement machines or cigarette machines.

1.4 The Concessionaire shall utilize the NAFIs customer comment program. The

Officers‟ Club Manager will brief the Concessionaire on customer comment program prior to the first performance day.

1.5 The Concessionaire shall provide and use a point of sale system which has been reviewed and approved by the NAFI manager or authorized representative. All sales shall be rung up in full view of the customer.

The register shall be equipped to expend a customer receipt and maintain a journal tape. All prices will be posted in US Dollars. The Concessionaire shall provide a minimum of $100.00 change fund to operate the sales activity.

1.6 The Concessionaire shall conduct cash counts of sales at the close of business each day and all cash receipts will be placed in a safe provided by the NAFI. All paperwork shall be reviewed and audited by the NAFI manager or his/her authorized representative a minimum of once per week. The

Concessionaire is responsible for all cash receipts until such time as they are turned over to the NAFI representative for deposit.

1.7 The Concessionaire shall meet as needed with the NAFI Manager and

Contracting Officer to discuss the concession operations and contract performance.

1.8 Concessionaire personnel shall meet security standards and have a favorable police background check prior to working in the concession. This requirement applies to present and future employees performing work under this contract on US facilities or in US controlled areas. Failure to submit required information, obtain required documentation, or obtain necessary clearances shall result in the exclusion of employees from work sites or US controlled areas until appropriate clearance and documentation is obtained.

The Concessionaire shall employ responsible personnel qualified to perform according to this contract/statement of work. All employee costs, expenses and benefits must be undertaken at the expense of the Concessionaire.

1.9 The successful offeror shall be given a transition period of eight weeks from the contract award date to have the concession fully operational.

During this eight-week period the Concessionaire will not be required to provide any type of interim service. The concession shall be operational and ready to provide service after this eight-week period. The actual opening date is subject to change in case of delays during the construction of the

KMCC.

2.0 The Concessionaire shall comply with fire protection and prevention regulations and fire defense plan prescribed for this facility. A copy of the regulation and plan is on file with the NAFI Manager. The Concessionaire shall not store highly flammable materials within Government buildings or concession premises. Prior to opening of the concession the NAFI manager will brief the Concessionaire on fire protection and prevention regulations.

2.1 The Concessionaire and service staff shall be fluent in conversational

English, e.g. service staff be able to take orders and answer questions. The

Concessionaire shall be able to read and respond to English correspondence from the Contracting Officer or NAFI.

EVALUATION:

The successful offeror will be selected on a best value basis after considering technical capability, past performance, and remuneration. This is a best value procurement; subjective judgment is implicit in the award decision.

Remuneration is the least important factor for consideration. Technical capability and past performance are considered to be of equal importance.

The following factors will be used to determine the best value to the

Government.

1. Technical capability

2. Past Performance

3. Remuneration

(1) Technical Evaluation. Technical evaluation shall be on an acceptable/unacceptable basis.

Factor 1: Understanding of, and ability to, accomplish the Statement of

Work (SOW) requirements.

a. Explain in detail, in form of a business plan, how each of the requirements in the SOW will be satisfied.

b. A demonstration of capability is required. The offeror shall provide a cooking demonstration of 4 items selected by the NAFI management. The offeror shall conduct the cooking demonstration in English to prove his/her capability of conversational English. The cooking demonstration shall be conducted at Ramstein Air Base. The offeror shall provide a list of equipment required for the cooking demonstration. Specialty cooking equipment to include but not limited to utensils and other specialty items shall be provided by the offeror at no cost to the NAFI. Food items shall be provided by the offeror at no cost to the NAFI. The cooking demo will be scheduled by the Contracting Officer after receipt of proposals. The cooking demo will be rated by a panel of 3 people; each person will rate the demonstration on an acceptable/non-acceptable basis. The following will be rated:

(1) Quality of food prepared

(2) General cooking skills

(3) Ability to conduct business in English

(4) Hygiene

(5) Presentation of food

This standard has been met when the offeror demonstrates a thorough understanding of the SOW requirements by submission of a business plan, acceptable cooking demonstration conducted in English.

Factor 2: Certification. Provide evidence of Handelskammer certification and a bank certification stating the offeror has the financial capabilities

(minimum of $100,000) for the operation of the concession.

This standard has been met when the offeror submits a copy of their

Handelskammer certification providing that they are authorized and an officially registered business and a statement from the offeror‟s bank certifying the offeror has the necessary financial capabilities for the operation of the concession.

Factor 3: Experience. Provide documentation describing its experience as a business or corporation in performing as a food concessionaire or in the local food service industry.

This standard has been met when the offeror submits proof of at least thirty six (36) months experience within the last five (5) years as a

Concessionaire or in the local food service industry.

Factor 4: Schedule. Complete all fill-ins on page 1 on the signature page section “For the Concessionaire” and page 2 in the schedule of the solicitation.

This standard has been met if the offeror completed all fill-ins on page 1, signature page and schedule, page 2 of the solicitation.

Factor 5: Security. Provide a copy of the current passport or identity card and a current copy of their “CCR Validation” from CCR database found at www.ccr.gov.

This standard has been met if the offeror submits a copy of his/her passport or identity card and a copy of the CCR Validation. Copies of managers & employee passports shall be submitted only upon request of the contracting officer.

(2) Past Performance. The purpose of the past performance evaluation is to assess the confidence in the offeror‟s ability to successfully accomplish the proposed effort based on the offeror‟s demonstrated present and past work record. The Government requests that offerors submit relevant past and present contracts, to include performance as a subcontractor, within the previous five (5) years from the date established deadline for receipt of proposals. Past performance shall be evaluated for and quality of services rendered. “Relevant” is defined as services of similar size, scope and complexity of those described in this solicitation. In addition, for each contractor the NAFI may attempt to contact other customers known to the

NAFI, consumer protection organization, and any other sources that may have useful and/or relevant information.

Past Performance Rating:

Exeptional/High Confidence: Based on the offeror‟s performance record, essentially no doubt exists that the offeror will successfully perform the required effort.

Very Good/Significant Confidence: Based on the offeror‟s performance record, little doubt exists that the offeror will successfully perform the required effort.

Satisfactory/Confidence: Based on the offeror‟s performance record, some doubt exists that the offeror will successfully perform the required effort.

Neutral/Unknown Confidence No performance record identifiable.

Marginal/Little Confidence: based on the offeror‟s performance record, substantial doubt exists that the offeror will successfully perform the http://www.ccr.gov/ required effort. Changes to the offeror‟s existing process may be necessary in order to achieve contract requirements.

Unsatisfactory/No Confidence: Based on the offeror‟s performance record, extreme doubt exists that the offeror will successfully perform the required effort.

(3) Remuneration. For award purposes the offeror will be evaluated on the proposed remuneration in the schedule. The offeror must include the proposed percentage and monthly rate for the basic year and each option year. Failure to include proposed percentage and monthly rate will exclude the offer from further consideration for award. Any offer may also be rejected if it does not meet the following minimum remuneration for the basic year and all option years:

Basic Year 15% of gross sales or $2,500.00 per month, whichever is greater

First Option Year 15% of gross sales or $3,000.00 per month, whichever is greater

Second Option Year 18% of gross sales or $3,000.00 per month, whichever is greater

Third Option Year 18% of gross sales or $3,000.00 per month, whichever is greater

Fourth Option Year 20% of gross sales or $3,000.00 per month, whichever is greater

Fifth Option Year 20% of gross sales or $3,000.00 per month, whichever is greater

Sixth Option Year 22% of gross sales or $3,000.00 per month, whichever is greater

Seventh Option Year 22% of gross sales or $3,000.00 per month, whichever is greater

Eighth Option Year 22% of gross sales or $3,000.00 per month, whichever is greater

Ninth Option Year 22% of gross sales or $3,000.00 per month, whichever is greater

The Contracting Officer may require an offeror to provide additional information to establish the reasonableness of any price proposed.

The Government will evaluate offers by adding the total proposed remuneration for all options.

Alternate Proposals:

Offerors are encouraged to submit alternate proposals that are innovations to customer service that enhance customer satisfaction and experience. This could include but not limited to:

Free beverages

Special programs

THE GOVERNMENT RESERVES THE RIGHT TO AWARD BASED UPON AN „ALTERNATE

PROPOSAL‟THAT IS CONSIDERED TO BE THE „BEST VALUE‟ TO THE GOVERNMENT.

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 (i) 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)…