Solicitation Request for Proposal USPTO 2023 08 10.pdf

Request foR PRoPosal

PROJECT TITLE: Dining Services for the United States Patent and Trademark Office (USPTO)

LOCATION: 600 Dulaney Street Alexandria, VA 22314

CONTACT PERSON: Patricia Davis, Contract Specialist/Contracting Officer

EMAIL: patricia.davis@gsa.gov

ISSUANCE OF REQUEST

FOR PROPOSAL: Thursday August 10, 2023 – SAM.gov

PROPOSAL DUE DATE

& TIME: Friday September 15, 2023 – 9:00 A.M. EST

ISSUING OFFICE AND

WHERE TO SUBMIT

QUOTATION TO: General Services Administration

National Capital Region, Public Services Building Office of Acquisition Special Projects Division VIA E-MAIL ONLY to PATRICIA DAVIS

SOLICITATION NO.: EQWPMAB-23-0016/47PM0923R0063

1800 F Street, NW Washington, DC 20405 www.gsa.go mailto:patricia.davis@gsa.gov

THIS PROCUREMENT IS OPEN TO ALL BUSINESSES.

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

SOLICITATION NO:

PROJECT:

LOCATION:

47PM0923R0063

DINING SERVICES

U.S. PATENT & TRADEMARK OFFICE (USPTO or

AGENCY) 6

00 Dulaney Street Alexandria, VA 22314

SOLICITATION ISSUE DATE: Thursday August 10, 2023 via SAM.gov

OFFER DUE: General Services Administration (GSA) National Capital Region (NCR) Public Buildings Service (PBS) Office of Acquisitions 1800 F Street N.W.

Washington, DC 20407

DATE AND TIME DUE: September 15, 2023, by 9:00 AM EST.

EMAIL TO: Attention: Patricia Davis General Services Administration (GSA) National Capital Region (NCR) Public Buildings Service (PBS) Office of Acquisitions Regional Acquisition Support Branch 1800 F Street, N.W.

Washington, DC 20407 patricia.davis@gsa.gov

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

Patricia Davis, Contract Specialist/Contracting Officer E-mail: patricia.davis@gsa.gov

General Services Administration National Capital Region Public Buildings Service Washington, DC

SPECIFICATIONS AND BID FORMS

U.S. PATENT & TRADEMARK OFFICE

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TABLE OF CONTENTS

PAGE

NUMBER

TABLE OF CONTENTS

SPECIAL NOTICE TO OFFERORS

Special Notices to Offerors Pre-Bid Conference at the Cafeteria Facility

DESCRIPTION/SPECIFICATION

1. Statement of Work

A. Description of Services B. Scope of Work C. Term of Contract

2. Description of Facilities A. Area and Location in the Building B. Seating Capacity C. Historical Sales Data D. Randolph/Sheppard Facilities

3. Effective Date

4. Hours of Service

A. Service Schedule B. Modification to Service Schedule

5. Contractor Responsibility A. Service B. Menus C. Menu Calorie Labeling Rules D. Food Service Guidelines for Federal Facilities.

E. Procedures for Future Price Adjustments/ Changes F. Equipment and Utensils Furnished by the Contractor G. Sanitation and Quality H. Personnel and Supervision I. Recycling J. Preventative Maintenance K. Repairs L. Equipment Replacement M. Cleaning and Janitorial Services N. Security Areas O. Hazardous Conditions P. Liability Q. Occupant Emergency Program R. Reporting Requirements S. Operating Expenses T. Energy Conservation Guidelines U. Telephone and Computer Systems

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V. Building Space W. LEED Requirements and Sustainable Design requirements and Preferences

6. Continuity of Operations

7. Contracts and Subcontracts

8. Responsibilities/Furnished by the Government

A. General B. Property

1. Government Furnished Space

2. Vending Stands

3. Facilities

4. Parking

5. Windows

6. Trash Removal

7. Rodent/Pest Control

8. Government-owned Equipment

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

10. Protection and Damage

INSPECTION AND ACCEPTANCE

1. Contractor Responsibility

2. Quality Standards

3. Contractor Representative

4. Role of Government Personnel and Responsibility for Contract Administration

A. Contracting Officer (CO) B. Contracting Officer’s Representative (COR)

C. Representatives of the Government

5. Inspections

6. Reviews

DELIVERABLES

1. Milestone Chart for Contractor’s Deliverables

2. Government Deliverables Due the Contractor

CONTRACT ADMINISTRATION DATA .......................................................................................... …… 35

1. Administrative Expenses and Loss

2. Payment in Lieu of Rental

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

4. Failure to Perform

5. Proprietary Marks

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6. Business Licenses, Taxes & Assessments

7. Payment of Postage and Fees

8. Markings

9. Termination of Contract by Contractor

10. Wage Determination

SPECIAL CONTRACT REQUIREMENTS

1. Personnel A. Qualifications of Employees

2. Security Requirements

3. Standards of Conduct

CONTRACT CLAUSES

52.222-42 Statement of Equivalent Rates for Federal Hires Comparable Hires Commercial Items Contract Clauses Index 52.252-2 Clauses Incorporated by Reference 52.212-4 Contract Terms and Conditions - Commercials Items 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items 552.212-72 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to GSA Acquisition of Commercial Items 52.204-7 Central Contractor Registration 52.204-8 Annual Representations and Certifications 52.204-9 Personal Identity Verification of Contractor Personnel 52.204-24 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115.232) 552.212-71 Contract Terms and Conditions Applicable to GSA Acquisition of Commercial Items 52.223-4 Recovered Material Certification 52.223-10 Waste Reduction Program 52.223-15 Energy Efficiency in Energy-Consuming Products 52.223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts 52.223-1 Biobased Product Certification 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts Addendum to FAR 52.212-4, FAR 52.212-5 and 552.212-71

INSTRUCTIONS, CONDITIONS AND NOTICES TO

OFFERORS

1. Insurance Requirements

A. Worker’s Compensation and Employer’s Liability B. General Liability Insurance

2. Instructions to Offerors A. 52.212.1 Instructions to Offerors – Commercial Items B. Instructions on Submitting Proposals

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C. Contents of the Proposal D. Period for Acceptance of Offerors E. Product Samples F. Late Submissions, Modifications, Revisions, and Withdrawals of Offerors G. Contract Award H. Multiple Awards

FAR 52.212-2 Evaluation--Commercial Items FAR 52.212-3 Offeror Representations and Certifications - Commercial Items FAR 52.233-2 Service of Protest 552.233-70 - Protests Filed Directly with the General Services Administration

ATTACHMENTS

1. Listing of Attachments Attachment 1 - Wage Determination Attachment 2 - Standard Form LLL – Certification Regarding Lobbying Attachment 3 - Standard Form 527 - Contractor's Qualification & Financial Information Attachment 4 – Sales Generation Model Attachment 5 – Staffing and Labor Cost Model Attachment 6 - Monthly Profit/Loss Statement Pro-Forma Operating Statement Attachment 7 - Health and Sustainability Guidelines for Federal Concessions and Vending Operations Attachment 8 - Presidential Memorandum entitled, “Creating a Preference for Meat and Poultry Produced According to Responsible Antibiotic-Use Policies” (CRAU).

Attachment 8A - Certified Responsible Antibiotic-Use Extension Template; dated 9/10/2015 Attachment 8B - Certified Responsible Antibiotic-Use Waiver Template; dated 9/9/2015 Attachment 8C - Quarterly Certified Responsible Antibiotic-Use Report Template, Dated 9/10/2015 Attachment 8D – USDA Process Verified Program – GVD 1001 dated 4/16/2004

Attachment 9 - Auditorium In-Person Attendance 2022-2023 (USPTO)

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Special Notice to Offerors

A. The successful Contractor shall be fully responsible for providing and accomplishing the required services as outlined in this solicitation. The Contractor is responsible for the operation of the food service facilities at the:

U.S. Patent & Trademark Office

600 Dulaney Street Alexandria, VA 22314

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

C. To be considered for award, the offeror must acknowledge receipt of each amendment issued (if any) under this solicitation by submitting one (1) signed and dated copy of the Standard Form 30 (Amendment of Solicitation/Modification of Contract) issued for each amendment.

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

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

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

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

H. Contract Award the Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms.

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PRE-BID CONFERENCE at the CAFETERIA FACILITY The purpose of the Pre-Bid Conference is to provide a briefing on the contracting concept, the scope of work, and the specifications, so that offerors can ascertain the complexities of the services to be performed.

Offerors will also be briefed on the vision of GSA to have a cafeteria that is consistent with Federal work/life programs, including employee wellness, diverse population of USPTO, the use of meat and poultry produced according to responsible antibiotic-use policies, customer satisfaction and environmental sustainability.

Questions can be submitted after the Pre-Bid Conference and an addendum to the Request for Proposals will be submitted with responses. Dates for submitting questions will be established at the Pre-Bid Conference.

MEMORANDUM TO: All Prospective Offerors

SUBJECT: Request for Proposals (RFP) 47PM0923RXXXXX Dining Services

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

LOCATION: U.S. Patent & Trademark Office 600 Dulaney Street Alexandria, VA 22314

DATE: August 22, 2023

Pre-Bid Conference at 10:00am Room: Cafeteria (public space)

A walk-thru of the facility (back and front of the house) will be part of the pre-bid meeting. Prospective Offerors are allowed to sketch the facility and take pictures only during the pre-bid walk-thru.

It is advantageous for each offeror to have qualified representation at the Pre-Bid Conference to understand the total result desired by the U.S Patent & Trademark Office (USPTO) and General Services Administration (GSA).

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

Point of Contact:

Name: Cheryl D. Williams Email: cheryl.d.williams@gsa.gov Mobile: 202.525.8655

All offerors attending the Pre-Bid Conference must submit their full name and current citizenship via email to the Point of Contact above for security clearance into the building 2 business days in advance for

RFP for Dining Services Page 8 clearance. Entry will not be granted to persons who do not have identification with their picture. All attendees must be U.S. citizens.

Entry will not be granted to persons who do not have a valid driver’s license or Government issued identification with their picture. Persons will also have a 100% security screening (bags thru x-ray and walk through magnetometer) before entrance is granted.

All questions are to be submitted via e-mail to Contracting Officer, Patricia Davis at patricia.davis@gsa.gov, after the pre-bid meeting and must be submitted by September 6, 2023, by 9:00 AM EST. Any questions submitted after this date will not receive a response.

DESCRIPTION/SPECIFICATION

1. Statement of Work:

A. Description of Services The Contractor shall establish and operate the food service facilities described herein for the purpose of dispensing quality food, nonalcoholic beverages, supporting catering events as requested, and such other items as may be authorized by the Contracting Officer (CO) in accordance with the terms and conditions of this contract. USPTO expects the cafeteria to be operational by December 1, 2023

B. Scope of Work The Contractor is responsible to ensure full execution of the terms of the contract between GSA and the Contractor. The following documents constitute the full contractual agreement between GSA and the Contractor:

1. Contractor’s Response to Request for Proposal (RFP) that is accepted by GSA and upon which the contract was awarded to the contractor.

2. The RFP used by GSA during the bid process that outlines the work statement and GSA expectations related to the award of the contract; and,

3. Any amendments and documents issued by the CO to the contractor.

This foodservice facility will be operated for the benefit of approximately 1300 staff that are assigned to the USPTO facility on a full-time basis. On average, 1,082 employees are on location on Mondays, and 1246 to 1275 on Tuesday, Wednesday, and Thursday, and 928 on Fridays.

The USPTO utilizes Telework (TW) and/or Alternate Work Schedules (AWS). AWS provides employees one day off (typically a Monday or Friday) every week or every other week depending on their work schedule.

Telework supports employees who works from home on select days of the week with a wide range of telework options from one day to full time programs

In addition, staff use the auditorium and lower atrium for events to include public outreach events.

These visitors have access to the cafeteria but may not necessarily “overlap” the breakfast or lunch period. Post-COVID, USPTO has seen a consistent increase in in-person events and hybrid events. The Auditorium is active the most on Tues-Thursday and can run 2 events in this space simultaneously when split including use of the lower atrium as event space. See attachment 9: “Auditorium In-Person Attendance

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2022-2023”. The Conference Service teams share large event information to the cafeteria. Pre-COVID, the request for catering was significant for events and holiday celebrations.

Restaurants, amenities, and other competition in the area should be studied and evaluated by the prospective Contractor. The Contractor’s proposed program should include a foodservice program to mitigate outside competition and maximize operational success of the Contractor’s proposed food service program. Innovation, creativity in culinary cuisine, flexibility, agility, and the desire to understand the unique and diverse culture that make up staff at USPTO in the program are the main elements of its success.

The USPTO and GSA shall not be held responsible for any variation or annotations regarding building and/or visitor population figures or any other assumptions noted herein.

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

2. Description of Facilities:

A. Area and Location in the Buildings:

Two food service operations are part of this contract:

Madison West Building (Main dining area, lower atrium coffee/tea bar, catering services)

Full service dining facility located in the Madison West Building on the concourse level The main cafeteria is designed to offer a wide choice of foods and beverages for the USPTO staff, visitors, and is accessible to the public:

Current major concepts: Deli, Pizza, Asian, Salad Bar, Grill, Specialty, Hot entrees Kitchen: Approximately 4,300 square feet with direct access to loading dock Servery: Approximately 7,200 square feet dining area

B. Seating Capacity Common area seating adjacent to dining area: 330 seats Lower Atrium common area space: approximately 158 seats Outdoor terrace area: approximately 164 seats

Lobby beverage bar located in the Madison Building Atrium This beverage bar is located on the concourse lower atrium floor of the building, is accessible by the public as well as USPTO staff and visitors.

Current concepts: Hot beverages Approximately 200 square feet Seating: Common area seating in lobby approximately 30 seats

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Randolph-Sheppard Facilities

The Randolph-Sheppard program operates all vending machines, micro markets, and snack bars within the Campus. Currently the Randolph-Sheppard program operates the following:

• Dunkin Donuts in the Randolph Building-accessible to the public. USPTO will be vacating this building Aug 2024.

• Small micro markets are located in non-public space with one operating in the Jefferson building and one operating in the Knox building.

• Vending machines one floor each in Madison East and West and the townhouses.

Building occupancy Pre COVID:

Average daily USPTO- Staff 4000-5000

Historical Sales Data (Pre-COVID 19 conditions) –

2023 Sales $ 421,000 year to date through June 2022 Sales $ - closed - COVID 2021 Sales $ - closed - COVID 2020 Sales $ 725,499 2019 Sales $3,400,603 2018 Sales $3,383,962 2017 Sales $3,519,595

3. Effective Date:

Service will begin on or about December 1, 2023

4. Hours of Service:

A. Service Schedule

Cafeteria services will be provided five (5) days per week, Monday through Friday (except for holidays observed by the Federal Government), as follows with “breaks” that are negotiable at least in the first 3 months of opening:

Main Dining facility

Period Opening Closing Breakfast 6:30am 10:00am AM Break 10:00am 11:00am Lunch 11:00am 2:00pm

PM Break Is negotiable and to be determined by Contractor

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Lobby Coffee Bar hours are subject to the service program being offered.

Period Opening Closing Breakfast/Breaks/Lunch/Desserts 7:00am 2:00 pm

The above hours are minimum hours to which the Contractor must observe; any changes to the above are subject to negotiations and final approval of the CO. A Request for Modification of Service Schedule, in accordance with Section B. Modification to Service Schedule below

The Telework (TW) and/or Alternate Work Schedule (AWS) programs impacts sales levels on specific business days (typically Mondays and Fridays). The Contractor shall propose, based on location experience, their alternate operating hours and identify the venues to remain for service.

B. Modification to Service Schedule Any request for modifying the hours or days of service shall be submitted for approval to the Contracting Officer’s Representative (COR) prior to start of requested service date. The Contractor shall submit a request for reduction in service during Government holiday periods 14 days in advance.

5. Contractor Responsibilities:

1. The Contractor shall provide prompt, efficient, and courteous service, and avoid undue interference with the operation of the building in which services are provided. The Contractor shall employ sufficient and suitable personnel to support this contract, and observe contract requirements, as set forth herein.

2. The Contractor shall pay all fees, expenses, or other charges incident to or resulting from operations under the contract as more specifically set forth herein.

3. The contractor shall make available for customers to capture their dining and food experience through various means such as a website and/or survey cards in facility. Once a year a Pulse check survey shall be sent to staff in order to gain knowledge on the customer base and culinary tastes in order to improve, pricing, refresh, or enhance menus and experience. Results shall be sent to the GSA COR and USPTO representative monthly. The pulse check survey shall be sent within 30-60 days from survey deadline date.

4. Contractor shall meet monthly or as needed with the GSA Representative and designated USPTO representatives to discuss mutual objectives, including but not limited to service levels, wellness, sustainability menus promotions, customer communications, surveys, and marketing programs as may be noted in Contractor accepted proposal.

A. Service Patrons shall be encouraged to remove trays, containers, and utensils from tables to the trash/recycle stations that will be strategically located in the dining area. USPTO will provide janitorial support to monitor dining room during service hours, service area and assure that tables, chairs, and carpet are kept clean and empty dining area trash and recycling throughout

RFP for Dining Services Page 12 the breakfast and lunch service periods. Contractor is responsible for cleaning and maintaining kitchen area, emptying kitchen and cook area trash (designated area).

B. Menus It shall be the responsibility of the Contractor to provide a variety of quality prepared foods that are a model for wellness and sustainability, to offer meat and poultry products that are in line with the responsible use of antibiotic polices in accordance with the Presidential memo to monitor and implement industry trends, industry standard practices and the industry’s latest innovative concepts.

The Contractor shall offer food that provides wide variety to customers, including Vegetarian, Vegan. Menus must also include items for people with dietary restrictions and offer “low fat”, "low sodium", "low calorie" and "reduced sugar" menu items as defined in Attachment #7 - “Food Service Guidelines for Federal Facilities.”

Considering the emphasis placed on the wellness program in this solicitation, and to ensure optimum visibility of the healthy menu offerings, the Contractor should take into consideration the positive effects of priority placement of the products in the cafeteria and on the serving lines. Examples of product placement may include placement of healthy menu offerings as the first thing the customer encounters at each serving line, or at the cash register or at key places on serving lines that are closest to eye level.

For Contractor standard menu items only: The Contractor shall comply with the nutritional information requirements of the 2010 and all subsequent revisions of U.S. Dietary Guidelines for Americans (www.health.gov/dietaryguidelines), including the following:

1. Prior to the start date of service, the Contractor shall provide to the COR, a price/portion book, accounting for all standard menu offerings only (e.g., hamburger - list patty size; list ounces of meat, included toppings, and selling price)

2. During each serving period, easy-to-read menus with prices and nutrition data listed shall be prominently displayed for the information of patrons at the cafeteria. Contractor shall identify menu items that offer meat and poultry products that are in line with the responsible use of antibiotic.

It is incumbent upon the Contractor to be creative in the development of the menu profile in the facility and utilize all the service points within the serving area keeping in mind the latest market trends.

C. Menu Calorie Labeling Rules The U.S. Food and Drug Administration established two rules requiring that calorie information be listed on menus and menu boards in retail food establishments to provide consumers with more nutritional information about the foods they eat outside of the home. The rules are required by the 2010 Patient Protection and Affordable Care Act.

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1. Food establishments are required to display calorie information clearly and conspicuously for standard items on menus and menu boards, next to the name or price of the item.

Seasonal menu items offered for sale as temporary menu items, daily specials, and condiments for general use typically available on a counter or table are exempt from the labeling requirements.

2. The menu labeling rule also requires covered establishments to provide, upon consumer request and as noted on menus and menu boards, written nutrition information about total calories, total fat, calories from fat, saturated fat, trans fat, cholesterol, sodium, total carbohydrates, fiber, sugars, and protein.

3. To help consumers understand the significance of the calorie information in the context of a total daily diet, under the rule, menus and menu boards will include the statement: “2,000 calories a day is used for general nutrition advice, but calorie needs vary.”

4. To obtain additional information the full rules are available in the Federal Register:

https://www.federalregister.gov/articles/2014/12/01/2014-27833/food-labeling-nutrition-labeling-of-standard-menu-items-in-restaurants-and-similar-retail-food

D. Food Service Guidelines for Federal Facilities: – See Attachment 7

The U.S. Department of Health and Human Services (HHS) and the U.S. General Services Administration (GSA) collaboratively released the first food service guidelines for Federal facilities in March 2011 to assist employees in making healthier food and beverage choices and to create an efficient and environmentally beneficial food service system. Those guidelines, ‘Health and Sustainability Guidelines for Federal Concessions and Vending Operation’ (referred to here as the 2011 HHS/GSA Guidelines) have been updated and renamed ‘Food Service Guidelines for Federal Facilities’. Any future modifications of the existing guidelines as issued by HHS shall apply in its entirety.

E. Procedures for Future Price Adjustments/Changes Future price adjustments/changes must be submitted with supporting documentation for approval in a spreadsheet format that includes:

1. Any changes to standard menu prices, portions, or items offered for sale shall be submitted to the Contracting Officer’s Representative 30 days in advance. Daily or weekly promotional menu items are excluded.

2. Date of proposed price adjustment.

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

4. In situations where one or more critical food or supply items have sudden upward price fluctuations due to an “Act-of-God” or other situation considered by the Contractor to be out of its control, the COR/CO are to be contacted with a request for a temporary surcharge or https://www.federalregister.gov/articles/2014/12/01/2014-27833/food-labeling-nutrition-labeling-of-standard-menu-items-in-restaurants-and-similar-retail-food https://www.federalregister.gov/articles/2014/12/01/2014-27833/food-labeling-nutrition-labeling-of-standard-menu-items-in-restaurants-and-similar-retail-food

RFP for Dining Services Page 14 menu change. Once the subject item cost has stabilized, the former approved price is to be reestablished or the item returned the menu as specified.

If the price change/adjustment is accepted by the COR/CO, a notice to the customers is then created by the Contractor and posted in prominent locations at least 14 working days prior to the on-site implementation. Every effort will be made by the COR to reach consensus on the final price adjustment within 45 days.

It should be noted that the GSA’s expectation for pricing menu items be less than regional pricing of similar commercial facilities by a minimum of 10% due to the Government providing a fully furnished facility and not charging rent or utilities.

F. Equipment and Utensils Furnished by the Contractor

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

Sample items expected to be provided by Contractor:

Can Openers Storage Containers Condiment Dispensers Napkin Dispensers Office Furniture Steam table pans Utensils and kitchenware Merchandising Equipment Safe Machines - office Scales, food preparation Menu boards Electronic menu boards and electronic customer communication systems Sharpeners China (as required) Glassware (as required) Silverware (as required) Trash receptacles Trays Telephone POS System including credit card/debit card system Necessary communication lines for POS, telephone, and computer Computer system and necessary software Station signage All other kitchen small wares/equipment to meet contract requirements.

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2. Equipment deemed necessary by the Contractor for the execution of proposed food programs and/or concepts shall be provided and installed by the Contractor at no cost to the Government. Contractor provided equipment shall be subject to CO approval.

3. The Contractor shall provide “Green” disposable products including products that are petroleum-free, contain post-consumer recycled content and processed chlorine free. All disposable products must be “compostable” and compatible with the recycling/compost system that will be or is in use within the building. The use of disposable products (including plates, cups, bowls etc.) constructed of Polystyrene Foam is prohibited. The Contractor may also sell items for lower cost/discount refills (such as coffee mugs and charging less per XX oz) and shopping bags instead of plastic carry out bags.

4. The Contractor shall provide complete Point of Sale (POS) system to include the acceptance of patron’s use of credit and debit cards in an expeditious manner at cafeteria. A pre-paid debit card system and a self-checkout system are highly encouraged. Pre-ordering and paying for selected menu items via web or e-mail is encouraged to speed customer processing.

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

6. Contractor should maintain a physical inventory of all Contractor owned equipment on site. All Contractor owned equipment shall remain the property of the Contractor throughout the contract term and be repaired or replaced in a timely manner at no cost to the Government.

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

G. Sanitation and Quality

1. The Contractor shall serve quality food under clean and sanitary conditions in accordance with the provisions and recommendations contained in the most recently published Food Code, U.S. Public Health Service publication. All foods served shall be wholesome and free from spoilage, free from adulteration and misbranding, and safe for human consumption.

Uncooked items, such as fresh fruits, shall be clean and free from blemishes. All foods shall, when served, be attractive and correct in temperature and consistency.

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The minimum specifications the Contractor will use as a guide when purchasing food products are:

• Meat Beef U.S. Department of Agriculture (USDA) Choice Pork USDA Number 1 Veal USDA Select and Choice Lamb USDA Choice Poultry USDA Grade “A” for all graded fresh or frozen poultry and poultry products as a minimum specification

• Seafood Frozen Fish Monterey Bay Aquarium’s Seafood Watch guidelines Fresh Fish Monterey Bay Aquarium’s Seafood Watch guidelines

• Dairy Eggs Fresh USDA or State Grade “A” Butter USDA Grade “A” (92) Score Cheese USDA Grade “A” for all graded cheeses Milk and milk products USDA Grade “A” Fresh Soy products FDA guidelines Produce USDA Grade “A” Dry Stores Grade “A” Fancy Canned goods Grade “A” Fancy

Products containing high fructose corn syrup, modified corn starch, and other similar additives, as well as products including preservatives, are highly discouraged from wholesale ingredients to be incorporated in menu items that will be prepared onsite.

Products purchased must meet the sodium level recommended in the 2010 and all subsequent revisions of U.S. Dietary Guidelines for Americans. If such products are not available in the marketplace, alternative products should be used and may include fresh prepared products.

Freshly prepared menu items (soups, entrees, side dishes, salads etc.) are highly desirable.

These are minimum specifications for sanitation and quality. Offeror may propose additional and higher standards that meet the goals of providing an environmentally sustainable, healthy cafeteria for Café customers.

1. The most recently published Food Code, U.S. Public Health Service publication and all local codes and regulations relating to food service sanitation and procedures shall be adhered to by the Contractor.

2. The Contractor is to develop a Hazard Analysis and Critical Control Point (HACCP) plan as required by Health Department. A copy is to be available on site for COR review.

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

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

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

H. Personnel and Supervision

1. The Contractor shall employ sufficient professional personnel to maintain sanitary conditions and satisfactory service which will ensure prompt and efficient service. All employees must be sober, conscientious, neat, and courteous. All employees assigned by the Contractor to perform work under this cafeteria contract must be physically able to do their assigned work and shall be free from communicable diseases. The Contractor must provide training to employees to ensure competent performance in all areas associated with these contracted services.

2. The Contractor is required to provide a professional, full-time, qualified food service Manager at the facility. The manager will be subject to the approval of the GSA. The Contractor's manager will be delegated the authority, and shall be able to effectively manage the day-to-day operation of the cafeteria relative to supervision of personnel and training, execution of the Contractor’s RFP response, menu planning, purchasing, cost control, sanitation, and customer satisfaction, etc. The manager must be onsite when the dining facility is open for the entirety of this contract. The Contractor's manager will be replaced, on 30 days’ notice, upon request of the COR.

A representative of the Contractor leadership, such as a District Manager, regional director, Regional Vice president and or Vice president shall visit the facility periodically and adjust or respond to significant matters requiring attention upon 48 hours’ notice from the Government to facilitate feedback or concerns.

Contractor should establish an online or e-mail customer feedback program with comments and surveys being sent directly to the on-site manager and the GSA COR. The establishment of this program will be coordinated with the USPTO. The on-site manager will monitor daily the customer comments and/or complaints received via such program and respond appropriately.

3. Always while on duty, the Contractor's employees shall wear a distinctive professional looking uniform that displays the company logo, wear a hair net and or other suitable head covering, appropriate gloves while always handling food and a legible name badge as a means of identification while they are in the building.

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4. The Contractor must provide security cleared (HSPD-12) trained relief personnel (management and hourly) to substitute for the regular employees when they are absent (scheduled or unscheduled) in order that a high-quality food service operation will be always maintained with consistently of standards.

Per HSPD-12 regulations, Contractor must submit to the COR, a roster whenever staff is terminated, resigns, or joins this contract.

5. The Contractor shall require the employees to comply with such instructions pertaining to conduct and building regulations as are in effect for the control of persons in the building, or as may be issued for that purpose by Government representatives.

6. The Contractor is required to schedule employee training programs that will continue for the duration of this contract and any extensions thereof, to ensure that their employees perform their jobs with the highest standards of efficiency, customer service and sanitation excellence.

7. Contractor must keep on site a record copy of training including topics, employee attendance records and subject matter reviewed for all employees. GSA and USPTO personnel are to be invited to attend training sessions

8. All articles found by the Contractor, the Contractor's agents, or employees, or by patrons and given to the Contractor shall be turned in to the front entrance security desk as lost and found items. Contractor is to post signage to notify customers of lost and found location.

I. Recycling

1. The Contractor shall participate and integrate with the building’s recycling program (i.e., cardboard, aluminum, metal cans, plastic, glass, etc.) composting operated by GSA or USPTO in the building. The Contractor is responsible to collect and transport recyclables or compostable material to the loading dock.

2. When composting, the following roles and responsibilities will apply when applicable: The Government shall provide the composting-collection bins and service. Contractor shall make collections from each bin in the dining area as needed during and after food service periods, at a minimum, at least once each day. The Contractor is responsible to collect compostable material from the kitchen and transport all collected composting material to the loading dock.

Prior to beginning composting, the government will provide a composting program. The Government shall store and arrange for pickup of any materials to be composted. The Government, in conjunction with the Contractor, shall encourage and educate the customer on the composting program and necessary sorting of customer’s materials. If the government cannot provide a composting program, the contractor shall use regular trash refuse.

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

J. Preventive Maintenance

1. The Agency shall perform preventive maintenance on all Government-owned equipment.

Contractor shall perform a preventive maintenance on all Contractor provided equipment.

2. If the Contractor fails to perform or follow proper operation or cleaning of Government owned equipment, the CO has the right to obtain the services of a recognized maintenance company and bill the Contractor for the cost of such services. Furthermore, the Contractor will be responsible for equipment PM costs due to improper, vandalism, or abuse by Contractor employees.

K. Repairs The Contractor shall continuously operate in a satisfactory condition, all equipment and utensils used under the contract, the Agency shall be responsible for the repair cost (material, parts, and labor) of each Government-owned equipment. However, the Contractor will be responsible for all Contractor equipment repair costs. Any repairs needed for Government owned equipment due to improper use, vandalism, or abuse by Contractor employees shall be paid by the Contractor.

L. Equipment Replacement The Agency shall be responsible for the replacement (material, parts, and labor) of all Government-owned equipment. The Contractor is responsible for government equipment replacement in the event of Contractor noted negligence, abuse, or vandalism.

M. Cleaning and Janitorial Services

1. The Contractor agrees to furnish all labor, supplies, materials, equipment, and supervision sufficient to maintain the cafeteria areas and foodservice equipment (i.e., visible hoods, hood filters and/or water wash down system, water wash detergent, etc.)

within its areas of responsibility in a clean, orderly, and sanitary condition, In connection with the performance of this contract, the Contractor shall not use any material which the Agency solely determines would be unsuitable for the purpose, or harmful to the surfaces to which it is applied. The Contractor shall maintain Safety Data Sheets (SDS) for all cleaning/janitorial materials utilized. The use of pressure washing is prohibited as a cleaning method to prevent “potential” damage to spaces below the cafeteria.

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2. The Contractor shall maintain the Serving areas flooring in a clean condition and spillage free during service hours. The Agency shall be responsible for daily cleaning of all serving area floors that are considered “public areas” and a periodic deep cleaning and maintenance of serving area flooring, as necessary.

3. The Agency shall maintain the cafeteria dining room area flooring/carpet in a clean condition and spillage free during service hours and thereafter.

4. The Agency will be responsible for maintaining and cleaning dining room equipment including but not limited to: tabletops and bases, chairs, booths, counters, dining tray carts, and collection stations. The Agency will be responsible for removing trash, recycling, and compostable material (if applicable) from the dining room collection stations during and after breakfast and lunch service periods.

5. The Contractor will be responsible for the cleaning and maintenance of the entire kitchen areas, serving lines and areas behind serving stations.

6. It is the responsibility of the Contractor to keep building areas and items utilized by the Contractor in a clean and sanitary condition, including but not limited to: entire kitchen and serving area equipment, walls, floors, and floor drains, Serving areas, storage areas, et al.

(excluding, above ceiling level, Building heating ventilation, duct work, gas odors, plumbing leaks, fire suppressions systems, fire extinguishers hood mechanical connections plumping, and air conditioning louvers, ceilings, lighting fixtures or other building equipment that is part of a general building mechanical system or building structure, grease traps, grease interceptors all underground pluming mechanical systems for repair or normal maintenance etc.) The Contractor shall immediately notify the USPTO representative and GSA if any of the systems that are to be maintained by the Agency require service.

7. The Contractor will be responsible for complying with GS-42 Green Seal Environmental Standard for Cleaning Services during the term of this contract. For program details and additional information on Green Seal or any of its programs please contact www.greenseal.org.

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

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

No work shall be performed on weekends or Federal holidays, without prior approval of the Building Manager and Contracting Officer or the Contracting Officer Representative. If the Contractor wishes to close a day before a federal holiday or close early due to an upcoming http://www.greenseal.org/

RFP for Dining Services Page 21 federal holiday or inclement weather, the Contractor shall coordinate and seek approval from GSA COR and USUSPTO representative in advance to allow notification to USUSPTO staff.

N. Security Areas The Contractor shall be responsible for the security of all areas under the jurisdiction of the Contractor. Designated employees shall have the responsibility for determining that all equipment has been turned off, that windows are closed, lights and fans turned off, and doors locked when the cafeteria is closed. A key shall be always available for emergency use in the building security office.

O. Hazardous Conditions The Contractor shall be responsible for identification, the prevention of, or cleanup of, unsanitary or hazardous conditions that are dangerous to anyone using the food facility to include any portion of the facility that is under the jurisdiction of the Contractor. The Contractor will adhere to guidance and direction from the designated Agency safety representative to ensure the safety of employees in the facility.

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

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

P. Liability

The Government shall not be held responsible in any way for damage or loss occasioned by fire, theft, accident, or otherwise to the Contractor's stored supplies, materials, or equipment, or to the employees' personal property. The Government shall not be held responsible in any way for negligence or accidents involving Contractors, Contractor’s on-site vendors, or any other entity conducting business with the Contractor.

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

Q. Occupant Emergency Program

All Contractor employees shall be organized and trained to participate in Fire, Shelter in Place (SIP) and drills including the reporting of fires. This shall be accomplished with the cooperation of the Designated Representative and the Occupant Emergency Plan. A copy of this plan is available through the Designated Representative. Upon activation of the Occupant Emergency

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Plan, the Contractor will immediately cease all operations and comply with instructions given by the designated safety representative.

R. Reporting Requirements

1. Monthly (or four week) Operating Statements:

The Contractor shall furnish copies of the monthly (or four week) profit and loss operating statement to the COR within twenty (20) days after the end of the monthly (or four week) accounting period. The Contractor shall not under any circumstances make changes, adjustments, or escrow funds that are not included in the monthly operating statement that is provided to GSA unless this action is discussed and approved by the CO.

The Contracting Officer (CO) or representatives shall, as required and necessary, examine and audit all phases of the financial operation of the food services provided by the Contractor.

On a monthly basis, the Contractor is also required to provide the following information relating to patronage and sales for each location:

USPTO - EXAMPLE

BREAKFAST LUNCH

Week of 8/1 Sales Customer Count

Check Average

Sales Customer Count

Check Average

8/1 M 8/2 T 8/3 W

8/4 TH

8/5 FR

WEEKLY TOTALS

2. Contractor’s 3rd party certification of end-of-fiscal year statement:

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

3. Equipment records:

The Contractor shall provide GSA with a full inventory of all Government-owned equipment including model and serial number, on location provided for the Contractor use at the contract start date. The Contractor shall provide the inventory list of all Contractor provided equipment, within 30 days of the contract start date, to the COR.

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