SolicitationInfo.pdf

ARMY & AIR FORCE EXCHANGE SERVICE

PZ-RE (C)

Solicitation Number: GNFR-FC-WPT-23-18631 Wright-Patterson AFB, Ohio- Starbucks Image Upgrade

PN: 2090-20-000007

All Prospective Offerors:

You are invited to submit a proposal based on the requirements in the attached solicitation number GNFR-FC-WPT-23-18631. This solicitation is issued by the Army and Air Force Exchange Service which is an instrumentality of the United States Government. The cost of the project is estimated to be in the range between $500,000.00 and $1,000,000.00. The construction period will be 60 calendar days.

You are encouraged to carefully review the entire solicitation package. A site visit is not required before submitting a proposal; however if you would like to visit the site you must contact Adam Shaw, General Manager of the Wright-Patterson AFB Exchange, at telephone number 937-879- 2711 or via email at shawada@aafes.com.

Please pay particular attention to section 3.A.61.d in the Agreement Document which covers minority and female participation goals established for federally involved and non-federally involved construction work.

Any questions you may have after comparing the plans and specifications to the existing site conditions should be submitted in writing to Christian Villamin at villaminc@aafes.com no later than COB on 11 May 2023.

In order for your proposal to be considered, please follow the procedures noted below.

NOTICE: The Agreement Document included in this solicitation will not be signed by either party until contract award. No signed Agreement Document will be accepted. This document is included as a part of the solicitation for your review of the terms and conditions only. Please return only the following documents:

1) COMPLETED PROPOSAL RESPONSE FORM.

2) COMPLETED FINANCIAL AND TECHNICAL CAPABILITY DATA SHEET IN ITS

ENTIRETY. PLEASE PROVIDE VALID EMAIL ADDRESSES AND POINTS OF

CONTACT FOR EACH REFERENCE ON THIS FORM.

3) COMPLETED BAA/TAA CONSTRUCTION FORM

4) A PROPOSAL BOND FROM A SURETY LISTED ON THE US TREASURY CIRCULAR

570.

PROPOSAL PACKAGE for GNFR-FC WPT-23-18631

5) THE COMPANY SUBMITTING THE MOST ADVANTAGEOUS OFFER TO THE

EXCHANGE WILL BE REQUIRED TO PROVIDE THE EXCHANGE WITH A W9 SIGNED

BY A PRINCIPAL OF THE COMPANY, AND A BLANK INVOICE & COMPANY

LETTERHEAD.

This solicitation is subject to the requirements of NDAA 2019, Section 889 “John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law No: 115-232)” which can be found at this link https://www.congress.gov/bill/115th-congress/house-bill/5515/text. The clause titled “2019 NDAA Section 889 Representations” operates as a representation of compliance when a resulting contract is signed. Any exception to this clause may prohibit the Exchange from doing business with the offeror.

Your proposal package must be sent via email to villaminc@aafes.com before 26 May 2023 at

2:00 P.M./1400 CST.

The complete solicitation package is for you to retain in your files.

If your proposal falls within the competitive range, you will be required to complete a detailed breakdown of your offer in a format to be provided by the contracting officer. The contracting officer’s evaluation of proposals and check of financial and technical references may require up to 30 calendar days. No information will be available until this is completed. Please do not call the contracting officer or local Exchange office for results. You will be advised of results when proposal evaluations are completed and an award is made.

If you receive a Notice of Contract Award, then performance and payment bonds, proof of insurance, and the Electronic Payment Authorization Form will be required at the pre-construction meeting. Bond requirements are covered in section 8 of the Proposal Response Form and insurance requirements are set out in section 3.A paragraph 13 as well as section 3.B of the Agreement Document.

Sincerely, Encl Christian Villamin Solicitation No. GNFR-FC WPT-23-18631 Contracting Officer https://www.congress.gov/bill/115th-congress/house-bill/5515/text

SCOPE AND LOCATION OF WORK: Wright-Patterson AFB, Ohio – Starbucks Image Upgrade.

This project will update the existing Starbucks to current Brand finishes/standards and reactivates the abandoned drive-thru, Bldg 1253. The Scope of this project is 2,372 SF.

PN: 2090-20-000007

Technical questions must be e-mailed to Christian Villamin not later than close of business 11 May 2023.

COMMENCEMENT AND COMPLETION OF WORK

The Contractor will commence work within 10 calendar days after the date of receipt of Notice to Proceed, shall prosecute work diligently, and shall complete the work within 60 calendar days after date of receipt of Notice to Proceed. The time for completion Includes final clean-up of premises.

Proposals are solicited for performing all work in strict accordance with the drawings, specifications, schedules and exhibits listed herein. Instructions to offerors for preparation of proposals are contained in the Instructions to Offerors and Conditions of Proposals/Awards. Offerors are cautioned to carefully review the instructions, and all requirements of the solicitation. Proposals will be received until 2:00 P.M./1400 CST, local time on 26 May 2023.

PROPOSAL (To Be Completed by Offeror)

OFFEROR REPRESENTATION

1. That it operates as an ___ Individual ___ Partnership ___ Corporation, incorporated in the State or

Country of _____________________.

2. That it ___ is ___ is not a minority business enterprise.

3. That it ___ is ___ is not a woman-owned business.

4. That an owner or officer of the firm or the firm or a related firm:

a. ___ has ___ has not been convicted of a felony related to a business transaction

b. ___ has ___ has not been suspended or debarred

5. In reference to 2019 National Defense Authorization Act (NDAA), Section 889, the Offeror represents that it:

a. ___will ___ will not provide prohibited telecommunications and video surveillance equipment or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

Full Name & Business Address of Offeror (Street, City, State & Zip Code or Country)

Telephone Number

Email Address

Printed Name and Title

Signature of Person Authorized to Sign Proposal

Date

Taxpayer Id Number

Duns Number

b. ___does ___ does not and will not use prohibited telecommunications and video surveillance equipment or services, or use any equipment, system, or service that uses prohibited telecommunications equipment or services.

6. That the person signing this proposal is an individual having the authority to obligate the firm contractually.

7. That the information provided is full, accurate and complete. For breach of this warranty, the Exchange may terminate for default any contract resulting from this solicitation and all other Exchange contracts.

In compliance with the above, the undersigned agrees, if this proposal is accepted, to furnish all requirements and perform the work for which the proposal is submitted, at the price(s) and upon the terms and conditions contained in the solicitation and in the proposal. The option period for acceptance of this proposal shall be 60 calendar days after the date for receipt of proposals established above.

The offeror must furnish the following itemized work division cost breakdown, and a breakdown of total labor and total material, with the proposal or furnish it if and when required by the contracting officer.

COST BREAKDOWN

Project Starbucks Image

Upgrade Project Number 2090-20-

000007 Total SF

Location Wright Patterson AFB, Ohio

Estimate Date $ / SF

Total Days Contractor Offeror # (GC MUST ENTER P/OH %) Profit ____% Overhead ____%

COST SUMMARY Material Labor Total Cost

1000 Division 1 - General Requirements 2000 Division 2 - Sitework 3000 Division 3 - Concrete 4000 Division 4 - Masonry 5000 Division 5 - Metals 6000 Division 6 - Wood And Plastics 7000 Division 7 - Thermal And Moisture Protection 8000 Division 8 - Doors And Windows 9000 Division 9 - Finishes

10000 Division 10 - Specialties 11000 Division 11 - Equipment 12000 Division 12 - Furnishes 13000 Division 13 - Special Construction 14000 Division 14 - Conveying Systems 15000 Division 15 - Mechanical 16000 Division 16 - Electrical

Division 14 Thru 20 - Not Used 21000 Division 21 - Fire Suppression 22000 Division 22 - Plumbing 23000 Division 23 - HVAC

Divisions 24 Thru 25 - Not Used 26000 Division 26 - Electrical 27000 Division 27 - Not Used 28000 Division 28 - Fire Alarm/Life Safety System

Divisions 29 Thru 30 - Not Used 31000 Earthwork 32000 Exterior Improvements 33000 Utilities

34 Thru 49 - Not Used Material Labor Lump Sum

TOTALS

If you are the successful offeror and are awarded this contract, your awarded contract Lump Sum Amount will be shared with the unsuccessful offerors that propose on this solicitation.

1) Definitions

a) The term "minority business" means a business concern (1) which is at least 51 percent owned by minority group members; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more minority group members, and (2) whose management and daily business operations are controlled by one or more such minority group members. For purposes of this definition, minority group members include Black Americans, Hispanic Americans, Asian-Pacific Americans, Asian-Indian Americans, and Native Americans (such as American Indians, Eskimos, Aleuts and Native Hawaiians).

b) The term "women-owned business" means that is at least 51 percent owned by a woman or women who also control and operate it. "Control" in this context means exercising the power to make policy decisions. "Operate" in this context means being actively involved in the day-to-day management.

2) Proposal Preparation

a) General: All proposals are subject to the Instructions to Offerors and Conditions of

Proposals/Awards, the General Provisions, and such other provisions, representations, certifications, drawings and specifications as are attached or incorporated herein by reference. Offerors are expected to examine the General Provisions, Exhibits, Drawings and Specifications and all instructions. Failure to do so will be at the offeror's risk. Offerors are encouraged to contact the Contracting Officer regarding any question which may arise concerning this solicitation. Offerors should visit the site and take other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve the offerors from the responsibility of estimating properly the difficulty or cost of successfully performing the work.

The Exchange assumes no responsibility for any understanding or representation concerning conditions made by any of its employees or agents prior to the execution of the contract, unless included in the solicitation and related documents. it is understood that the contract finally awarded contains the whole agreement of the parties. information regarding this solicitation furnished any prospective offeror will be furnished all prospective offerors.

b) Data: Each offeror shall enter all data and furnish all information required by the solicitation on the Exchange forms provided. Failure to do so may result in a proposal being considered nonresponsive and therefore excluded from consideration for award.

c) Computation of Time: Time, if stated as number of days, will include Sundays and Holidays.

d) Authorized Signature: The person signing the proposal must be an officer of the firm having authority to obligate the firm contractually.

e) Unless otherwise authorized by the solicitation, any alteration to the terms and conditions contained in the solicitation may render offeror's proposal non-responsive.

3) Submission

a) Proposals and modifications, if any, must be sent by email reply to the Contracting Officer using the same subject as the request. Proposals may be modified by email notice provided it is received before the time and date set for receipt of proposals.

b) Complete, sign and return the Proposal Response Form, along with a completed and signed Financial and Technical Capability Data sheet.

c) Solicitations may provide that a price, or prices, be submitted on one or more projects, on one or more items of work, on one or more additive or deductive items of work, or on any combination of projects or items. Where the solicitation explicitly requires proposals to be submitted on all projects or items listed, failure to do so will render the proposal nonresponsive.

4) Late Proposals The Exchange reserves the right to consider proposals or modifications received late, but before award is made, should such action be to the Exchange's advantage.

5) Withdrawal Proposals may be withdrawn by written notice received at any time prior to award.

6) No Proposal If your company does not submit a proposal, please let us know your company will not be responding and business reasons why.

7) Qualifications Of Proposed Contractor(S) Before a proposal is considered for award, the offerors may be requested by the contracting .officer to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources and facilities to be used in performing the work. Proposals will not be considered if submitted by military personnel on active duty, civil service employees of the U.S.

Government, or the Exchange employees.

8) Evaluation Award of contract(s) will be based on evaluation of the following:

a) Responsiveness of the offeror to all requirements of the solicitation.

b) Competitiveness of the proposal prices including any options exercised at time of award.

c) Responsibility of the offeror as relates to qualifications set forth in paragraph 8 above and capability to perform the resulting contract.

9) Acceptance

a) This is a negotiated contract. There will not be a public opening. The Exchange may accept, within the time specified therein, any timely proposal whether or not there are negotiations subsequent to this receipt. Subsequent negotiations, if any, shall not constitute a rejection or counter offer on the part of the Exchange.

b) The Exchange reserves the right to reject any or all proposals and to waive informalities and minor irregularities in proposals received.

c) It is contemplated that a contract will be awarded to that responsive, responsible offeror whose proposal is most advantageous to the Exchange, price and other factors considered. The Exchange reserves the right to conduct further negotiations with any or all, responsive, responsible offerors.

d) Award may be made by acceptance of the most favorable proposal received without further negotiation. Initial proposals submitted in response to the solicitation should therefore set forth the most favorable terms.

10) Bond Requirements

a) If total lump sum cost proposal exceeds $25,000 or if otherwise required herein, a proposal bond is required to be submitted in the penal sum of 20% of the proposal amount. Failure to furnish the proposal bond by the time and date set for receipt of proposals in the amount set forth in the solicitation may be cause for rejection of the proposal. The proposal bond shall be in the form of a firm commitment executed on EXCHANGE FORM 4450-045, "Proposal Bond."

b) Proposal Bonds will be returned (1) to unsuccessful offerors as soon as practical after award of contract to the successful offeror, and (2) to the successful offeror on execution of such further contractual documents or bonds as may be required by the solicitation.

c) Performance and payment bond are required for all the Exchange construction contracts which exceed $25,000. Both bonds shall be executed by the contractor as principal and be with a reputable bonding company, acceptable to the Exchange, as surety. The Performance Bond will be executed on EXCHANGE FORM 4400-041 and in the penal sum of one hundred percent (100%) of the contract price.

The Payment Bond will be executed on EXCHANGE FORM 4400-040 and in the penal sum of one hundred percent (100%) of the contract price. The contract price means the award of the contract. If the contract price increases, an additional amount equal to 100 percent of the Increase is required for both bonds. If the apparent successful offeror fails to furnish the required bonds within the time stated herein, no contract shall be awarded to the firm and their proposal bond will be forfeited.

d) The rights and remedies of the Exchange provided in this clause are in addition to other rights and remedies provided by law under this contract.

e) The bonds shall be supported by corporate sureties whose names appear on the Department of the Treasury's Listing of Approved Sureties (Department Circular 570). Other types of security are not acceptable.

11) Award The Contractor shall be required to submit payment and performance bonds within ten (10) days from the date of contract award or the Exchange may terminate the Contract for default and Contractor's proposal bond may be forfeited. Mailing or otherwise furnishing a copy of this form signed by the offeror and the contracting officer to the successful offeror within the time for acceptance, all conditions having been complied with, shall result in a binding contract, without further action by either party. This form, with all exhibits, shall constitute the complete contract. The Contractor shall not proceed with performance of contract until receipt of Notice to Proceed. Any work performed prior to receipt of Notice to Proceed will be at the Contractor's risk. Upon receipt of required payment and performance bonds and any other required documents, the contracting officer will execute the Notice to Proceed.

12) Certificate Of Independent Proposal Determination Offeror certifies that this proposal is made without consultation, communication, or agreement, for the purpose of restricting competition, and this proposal has not been disclosed and will not be disclosed prior to award.

13) Proprietary Information The Exchange will not be bound by any language in an offer purporting to limit the Exchanges' right to use or disclose an offer or any part of an offer because of proprietary information in it unless the contracting officer specifically agrees in writing to such limitations.

14) Construction Cost Estimate Breakdown Spreadsheet:

General contractors who have submitted proposals in response to an Exchange solicitation and are considered to be in the competitive range may be asked to prepare and submit a cost breakdown spreadsheet. If a construction contract is awarded, the spreadsheet will be used as a basis to negotiate change orders throughout the construction performance period.

15) Copies of Documents Furnished:

After contract award, and for construction purposes only, the General Contractor will be provided with a record set of drawings and specifications and a reproducible set of drawings and specifications. Additional copies will be the responsibility of the General Contractor.

ARMY AND AIR FORCE EXCHANGE SERVICE

FINANCIAL AND TECHNICAL CAPABILITY DATA SHEET

PERSONS AUTHORIZED TO C- OMMIT FIRM CONTRACTUALLY ·-··· .-- ---

COMPLETE BUSINESS NAME AND ADDRESS

NAME TITLE HOW LONG IN

PRESENT BUSINESS

NAME TITLE HOW LONG IN

PRESENT BUSINESS

BANK AND BOND REFERENCES

BANK NAME TELEPHONE NUMBER (Include Area Code)

ADDRESS Email/Fax No.

CONTACT Amt of Current Loan ACCOUNT NUMBER AVG. MO. BAL.

BANK NAME TELEPHONE NUMBER (Include Area Code)

ADDRESS Email Fax No.

CONTACT Amt of Current Loans ACCOUNT NUMBER AVG .MO. BAL.

LOCAL SURETY AGENT TELEPHONE NUMBER (Include Area Code)

ADDRESS Email/Fax No.

CONTACT

CREDIT REFERENCES FOR SOPPLIES AND EQUIPMENT

FIRM NAME TELEPHONE NUMBER (Include Area Code)

ADDRESS Email/Fax No.

CONTACT

FIRM NAME TELEPHONE NUMBER {Include Area Code)

ADDRESS Email/Fax No.

CONTACT

FIRM NAME TELEPHONE NUMBER (Include Area Code)

ADDRESS Email/Fax No.

CONTACT

Relationship with the Government: Is the owner or any official of the firm currently an employee of the Federal Government, the Army and Air Force Exchange Service, or an active duty with any branch of the active military service, or an immediate family member residing in the same household of such personnel, or retired officer of the Army or Air Force?

___YES ___NO

CONSTRUCTION EXPERIENCE (See Reverse)

SIGNATURE OF OFFEROR

AAFES FORM 4200-45 (REV SEP 09)

EXPERIENCE: Identify below current and completed construction projects for the past two (2) years for both Federal Government and Civilian Enterprises. As appropriate, Experience to include New, Ground Up Construction of a Retail Box and/or Phased Approach Retail Construction where facility remains open and operational for duration of construction.

NOTE: Include area code on all telephone numbers.

PROJECT

OWNER

*(Complete Address & Telephone No.)

Email

ARCHITECT

(Complete Address & Telephone No.)

Email/Fax No.

CONTRACT

AMOUNT

PROJECTS

OPEN

%COMPLETED

PROJECT

COMPLETED

DATE

COMPLETED

%OF WORK

DONE WITH

OWN

FORCES

(NOTE: USE BLANK PAGES FOR ADDITIONAL EXPERIENCE TO TOTAL 2 YEARS.)

(REVERSE AAFES FORM 4200-45)

PROPOSAL BOND

(SEE INSTRUCTIONS ON REVERSE)

DATE BOND EXECUTED (MUST NOT BE

LATER THAN DATE SET FOR RECEIPT OF

PROPOSALS)

PRINCIPAL (Legal Name and Business Address) TYPE OF ORGANIZATION ("X" ONE)

INDIVIDUAL PARTNERSHIP

JOINT VENTURE CORPORATION

STATE OF INCORPORATION

SURETY(IES) (Name(s) and Business Address(es)

PENAL SUM OF BOND PROPOSAL DATE SOLICITATION NUMBER

PERCENT OF

PROPOSAL

PRICE:

AMOUNT NOT TO EXCEED

MILLION(s) THOUSAND(s) HUNDRED(s) CENTS

OBLIGATION: We, the Principal and Surety(ies) are firmly bound to the Army and Air Force Exchange Service (hereinafter called Exchange) and the United States of America in the above penal sum. For the payment of the penal sum, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally. However, where the Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of us. For all other purposes, each Surety binds itself, jointly and severally with the Principal, for the payment of the sum shown opposite the name of the Surety. If no limit of liability is indicated, the limit of liability is the full amount of the penal sum.

CONDITIONS: The Principal has submitted the proposal identified above.

THEREFORE: The above obligation is void if the Principal - (a) upon receipt of the "Notice of Intent to Award" within the period specified in the proposal [sixty (60) days if no period is specified], executes the further contractual documents and gives the bond(s) required by the terms of the proposal within the time specified [ten

(10) days if no period is specified]; or (b) in the event of failure to execute such further contractual documents and give such bonds, pay Exchange for cost of procuring the work which exceeds the amount of the proposal.

Each Surety executing this instrument agrees that its obligation is not impaired by any extension(s) of the time for acceptance of the proposal that the Principal may grant to Exchange. Notice to the Surety(ies) of extension(s) are waived. However, waiver of the notice applies only to extensions aggregating not more than sixty (60) calendar days in addition to the period originally allowed for acceptance of the proposal.

WITNESS: The Principal and Surety(ies) executed this proposal bond and affixed their seals on the above date.

PRINCIPAL

SIGNATURE(s)

1.

(Seal)

2.

CORPORATE

SEAL

TYPED NAME(s) & TITLE(s)

1. 2.

CORPORATE SURETY

NAME AND

ADDRESS

STATE OF INC LIABILITY LIMIT

TYPED NAME(s) AND TITLE(s)

1. 2.

EXCHANGE FORM 4450-045 (REV MAY 19) (Prev Editions Obsolete) EOP 65-01

INSTRUCTIONS

1. The full legal name and business address of the Principal shall be inserted in the space designated "Principal" on the face of this form. The bond shall be signed by an authorized person. Where such person is signing in a representative capacity (e.g., an attorney-in-fact), but is not a member of the firm, partnership, or joint venture, or an officer of the corporation involved, evidence of his authority must be furnished.

2. The penal sum of the bond may be expressed as a percentage of the proposal price, if desired. In such cases, a maximum dollar limitation may be stipulated (e.g., 20% of the proposal price but the amount not to exceed dollars). The penal sum of the bond may not be less than 20% of the proposal price.

3. Corporation executing the bond as sureties must be among those appearing on the Treasury Department's list of approved sureties and must be acting within the limitations set forth therein.

4. Corporations executing the bond shall affix their corporate seals.

5. The name of each person signing this performance bond should be typed in the space provided.

EXCHANGE FORM 4400-041 (REV MAY 13) (Prev Editions Obsolete)

PERFORMANCE BOND

BOND NUMBER DATE BOND EXECUTED

PRINCIPAL (Legal Name and Business Address) TYPE OF ORGANIZATION ("X" ONE)

INDIVIDUAL PARTNERSHIP

JOINT VENTURE CORPORATION

STATE OF INCORPORATION

SURETY(IES) (Name(s) and Business Address(es) PENAL SUM OF BOND MILLION(s) THOUSAND(s) HUNDRED(s) CENT(s)

CONTRACT DATE CONTRACT NO.

KNOW ALL MEN BY THESE PRESENTS, That we, the Principal and Surety(ies) hereto, are firmly bound to the Army & Air Force Exchange Service and the United States of America in the above penal sum for the payment of which we bind ourselves, our heirs, executors, administrators, and successors jointly and severally: Provided, That, where the Sureties are corporations acting as co-sureties, we the Sureties, bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into the contract identified above;

NOW, THEREFORE, if the Principal shall:

(a) Perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term of said contract and any extensions thereof that may be granted by the Army & Air Force Exchange Service with or without notice to the Surety(ies), and during the life of any guaranty required under the contract, and shall also perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to the Surety(ies) being hereby waived; and

(b) If the said contract is subject to the Miller Act, as amended (40 U.S.C. 270a-270e), pay to the United States of America the full amount of the taxes imposed by the United States of America which are collected, deducted, or withheld from wages paid by the Principal in carrying out the construction contract with respect to which this bond is furnished; then the above obligation shall be void and of no effect.

IN WITNESS WHEREOF, the Principal and Surety(ies) have executed this performance bond and have affixed their seals on the date set forth above.

TYPED NAME(s) & TITLE(s)

1. 2.

CORPORATE SURETY

NAME &

& TITLE(s)

INSTRUCTIONS

1. The full legal name and business address of the Principal shall be inserted in the space designated "Principal" on the face of this form. The bond shall be signed by an authorized person. Where such person is signing in a representative capacity (e.g., an attorney-in-fact), but is not a member of the firm, partnership, or joint venture, or an officer of the corporation involved, evidence of his authority must be furnished.

2. Corporations executing the bond as sureties must be among those appearing on the Treasury Department's list of approved sureties and must be acting within the limitations set forth therein.

3. Corporations executing the bond shall affix their corporate seals.

4. The name of each person signing this performance bond will be typed in the space provided.

(REVERSE EXCHANGE FORM 4400-041)

PAYMENT BOND

(SEE INSTRUCTIONS ON REVERSE)

DATE BOND EXECUTED BOND NUMBER

PRINCIPAL (Legal Name and Business Address)

TYPE OF ORGANIZATION ("X" ONE)

INDIVIDUAL PARTNERSHIP

JOINT VENTURE CORPORATION

STATE OF INCORPORATION

SURETY(IES) (Name(s) and Business Address(es)

PENAL SUM OF BOND

MILLION(s) THOUSAND(s) HUNDRED(s) CENT(s)

CONTRACT DATE CONTRACT NO.

KNOW ALL MEN BY THESE PRESENTS, that we, the Principal and Surety(ies) hereto, are firmly bound to the Army & Air Force Exchange Service and the United States of America in the above penal sum for the payment of which we bind ourselves, our heirs, executors, administrators, and successors jointly and severally: Provided, that, where the Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into the contract identified above;

NOW THEREFORE, if the Principal shall promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to the Surety(ies) being hereby waived, then the above obligation shall be void and of no effect.

IN WITNESS WHEREOF, the Principal and Surety(ies) have executed this payment bond and have affixed their seals on the date set forth above.

TYPED NAME(s) & TITLE(s)

1. 2.

CORPORATE SURETY

NAME &

& TITLE(s)

BUY AMERICAN ACT / TRADE AGREEMENTS ACT /

CARIBBEAN BASIN ECONOMIC RECOVERY ACT

To the extent that this solicitation and any resulting contract requires the purchase by the Exchange of non-resale items for use within the United States and/or outside of the United States, preference will be given to:

Domestic end products, Domestic construction material, U.S.-made end products, Designated country end products, and Caribbean Basin country end products, in accordance with the:

Buy American Acct, 41 U.S.C. 10a – 10d;

Executive Order 10582, as amended:

Executive Order 13881;

Executive Order 14005;

Trade Agreements Act of 1979, 19 U.S.C. 2511, et seq.;

Caribbean Basin Economic Recovery Act, 19 U.S.C. 2701, et seq.

CERTIFICATION:

1. The Offeror hereby certifies that each end-product offered in response to this solicitation, EXCEPT THOSE LISTED BELOW are Buy American Act / Trade Agreement Act (BAA/TAA) compliant:

2. The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 60 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

3. The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(a) Foreign End Products:

LIST OF END PRODUCTS WHICH ARE NOT BAA or TAA COMPLIANT

Line Item No. Country of Origin Exceeds domestic content (yes/no)

[List as necessary]

(b) Domestic end products containing a critical component:

LIST OF CRITICAL ITEMS OR CRITICAL COMPONENTS

Line Item No. ___

Line Item No. ___

[List as necessary]

If the above listing is left blank, Offeror is certifying that all products offered are BAA/TAA compliant.

Offeror’s Signature: ________________________

Date: ___________________________________ https://www.acquisition.gov/far/25.105#FAR_25_105 https://www.acquisition.gov/far/25.105#FAR_25_105

ARMY AND AIR FORCE

EXCHANGE SERVICE

CONTRACT FOR

Starbucks Image Upgrade At Wright Patterson AFB, Ohio

CONTRACT#: GNFR-FC-WPT-23-18631

PN: 2090-20-000007

Christian Villamin, Contracting Officer

3911 S. Walton Walker Blvd.

Dallas, Texas 75236

ONLY AN EXCHANGE CONTRACTING OFFICER HAS THE AUTHORITY TO BIND THE ARMY AND

AIR FORCE EXCHANGE SERVICE TO THIS CONTRACT, ALTERATIONS, AND AMENDMENTS. ALL

TERMS TO THE CONTRACT, ALTERATIONS, AND AMENDMENTS MUST BE IN WRITING AND

MADE PART OF THIS CONTRACT. THE CONTRACTING OFFICER MAY MAKE UNILATERAL

AMENDMENTS TO THE CONTRACT TO INCORPORATE ADMINISTRATIVE CHANGES THAT DO

NOT AFFECT THE RIGHTS OR OBLIGATIONS OF THE PARTIES.

Table of Contents

1. INTRODUCTION

A. Parties

B. Legal Status

C. Business Description

D. Type of Contract

E. Restrictions

2. SPECIFICATIONS

A. Detail Description of Goods or Services

B. Cost Break-down

3. TERMS AND CONDITIONS

A. General Provisions

1) Notices

2) Order of Precedence

3) Procurement Integrity, Gratuities and Contingent Fees

4) Officials Not to Benefit

5) Contractor Personnel and Representatives

6) Composition of Contractor

7) Assignment

8) Permits and Responsibilities

9) Federal, State, Local and Foreign Taxes

10) Inconsistencies

11) Indemnify and Hold Harmless

12) Examination Of Records

13) Insurance

14) Additional Security

15) Conditions Affecting the Work

16) Site Investigation

17) Differing Site Conditions

18) Specifications And Drawings

19) Base Lines and Grades

20) Performance Of Work by Contractor

21) Contractor Supervision

22) Materials and Workmanship

23) Availability And Use of Utility Services

24) Operation and Storage Areas

25) Cleaning Up

26) Protection Of Material and Work

27) Protection Of Existing Vegetation, Structure, Utilities and Improvements

28) Accident Prevention

29) Schedule and Progress

30) Inspection And Acceptance

31) Other Contracts

32) Exchange-Furnished Property

33) Changes

34) Pricing of Adjustments

35) Amendments

36) Notification Of Debarment/Suspension Status

37) Disputes

38) Termination For Default-Damages for Delay-Time Extensions

39) Liquidated Damages

40) Nonwaiver of Defaults

41) Termination For Convenience of The Exchange

42) Suspension Of Work

43) Payments

44) Use And Possession Prior To Completion

45) Drug-Free Workplace

46) Warranty Of Construction

47) Davis-Bacon Act

48) Contract Work Hours and Safety Standards Act - Overtime Compensation

49) Apprentices And Trainees

50) Compliance With Copeland Act Requirements

51) Payrolls And Basic Records

52) Withholding

53) Subcontracts

54) Contract Termination-Debarment

55) Disputes Concerning Labor Standards

56) Convict Labor

57) Affirmative Action for Individuals with Disabilities

58) Affirmative Action for Disabled Veterans And Veterans Of The Vietnam Era

59) Notice To Prospective Subcontractors of Requirement For Certifications Of Nonsegregated Facilities

60) Equal Opportunity

61) Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order-11246)

62) Notice To Exchange of Labor Disputes

63) Representatives

64) Restrictions On Purchases of Foreign Goods

65) Contractor's General Environmental Compliance

66) Fines Or Penalties for Environmental Non-Compliance

67) Contractor’s Liability for Environmental Damages

68) Federal Compliance with Right-To-Know And Pollution Prevention Laws

69) Recycled Materials

70) Asbestos

71) Polychlorinated Biphenyl S (PCBs)

72) Lead-Based Paint

73) Ozone-Depleting Substances

74) Contaminated Soil or Groundwater

75) Unexploded Munitions

76) Unexpected Artifacts or Relics

77) Choice Of Law and Forum

78) Privacy Act

79) Advertisements

80) Personal Identity Verification of Contractor Personnel

81) Combating Trafficking In Persons

82) Green Clause

83) Increasing the Minimum Wage for Federal Contractors

84) Establishing Paid Sick Leave for Contractors

85) Exchange Contractor Performance Evaluations

86) Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246)

87) Fire Protection

88) 2019 NDAA Section 889 Representations

89) Prohibition on Procurement of Certain Items Containing Perfluorooctane Sulfonate or Perfluorooctanoic Acid

4. U.S. DEPT OF LABOR WAGE DETERMINATION

5. SIGNATURES

1. INTRODUCTION

A. Parties This Contract is entered into by and between the Army and Air Force Exchange Service (The Exchange) and AAFES SOURCING EVENT. If the Contractor is comprised of more than one legal entity, each such entity shall be jointly and severally liable for the obligations of Contractor.

B. Legal Status The Army and Air Force Exchange Service (the Exchange), including its activities, offices, and individual facilities, is an integral part of the Departments of the Army and Air Force, and an instrumentality of the United States Government. Exchange Contracts are United States Contracts; however, they do not obligate appropriated funds of the United States. Exchange procurement policy is established by applicable directives and instructions promulgated by the Department of Defense. The Federal Acquisition Regulation does not apply to the Exchange.

C. Business Description The Exchange operates retail facilities on military installations all over the world. The facilities include direct operated big box retail outlets, convenience stores with gasoline, fast food operations (Contractor operated name brand and non-name brand), and Contractor-run commodity and service concession operations. The Exchange also operates an ecommerce website that sells goods and services to eligible patrons and honorably discharged veterans of the United States military.

D. Type of Contract This Contract is to provide a Starbucks Image Upgrade at Wright Patterson AFB, Ohio. The Contract will commence upon Notice to Proceed and will end 60 calendar days from the date of commencement. A detailed description of the requirement is in Section 2A of this Contract.

E. Restrictions Contractor will operate at an Exchange facility. Since the Exchange is an instrumentality of the United States Government, there are certain restrictions on Contractor’s activities. Specifically, Contractor will not represent itself to be an agent or representative of the Exchange, another instrumentality, or an agency of the United States. All Contractor advertisements that refer to the Exchange or military exchanges will contain a statement that the advertisement was neither paid for nor sponsored, in whole or in part, by the Exchange, the military exchange system, or the United States Government.

2. SPECIFICATIONS

A. Detail Description of Goods or Services

This Contract is to provide Construction service for a Starbucks Image Upgrade at Wright Patterson AFB, OH. This project updates the existing Starbucks to current Brand finishes/standards and reactivates the abandoned drive-thru, Bldg. 1253. The Scope of this project is 2,372 SF.

The Drawings and Specifications Numbered 2090-20-000007 Dated 04 April 2023 are attached and incorporated into this contract.

B. Cost Break-down

COST BREAKDOWN

Project Starbucks Image

Update Project Number 2090-20-000007 Total SF

Location Wright Patterson AFB, Ohio

Estimate Date $ / SF

Total Days Contractor Offeror #

(GC MUST ENTER P/OH %) Profit ____% Overhead ____%

COST SUMMARY Material Labor Total Cost

1000 Division 1 - General Requirements 2000 Division 2 - Sitework 3000 Division 3 - Concrete 4000 Division 4 - Masonry 5000 Division 5 - Metals 6000 Division 6 - Wood And Plastics 7000 Division 7 - Thermal And Moisture Protection 8000 Division 8 - Doors And Windows 9000 Division 9 - Finishes

10000 Division 10 - Specialties 11000 Division 11 - Equipment 12000 Division 12 - Furnishes 13000 Division 13 - Special Construction 14000 Division 14 - Conveying Systems 15000 Division 15 - Mechanical 16000 Division 16 - Electrical

Division 14 Thru 20 - Not Used 21000 Division 21 - Fire Suppression 22000 Division 22 - Plumbing 23000 Division 23 - Hvac

Divisions 24 Thru 25 - Not Used 26000 Division 26 - Electrical 27000 Division 27 - Not Used 28000 Division 28 - Fire Alarm/Life Safety System

Divisions 29 Thru 30 - Not Used 31000 Earthwork 32000 Exterior Improvements 33000 Utilities

34 Thru 49 - Not Used Materials Labor Lump Sum

TOTALS

If you are the successful offeror and are awarded this contract, your awarded contract Lump Sum Amount will be shared with the unsuccessful offerors that propose on this solicitation.

3. TERMS AND CONDITIONS

A. General Provisions

1) Notices

All notices, consents, waivers, and other communications under this Contract must be in writing and will be deemed to have been duly given when (a) delivered by hand (with written confirmation of receipt), (b) sent by email (with confirmation of receipt), (c) sent by an overnight delivery service (with confirmation of receipt), or (d) sent by certified or registered mail, return receipt requested, to the designated Contracting Officer and to the Contractor’s representative identified below (or to such other persons and addresses as a party may designate by written notice to the other party).

Contractor:

AAFES SOURCING EVENT,

The Exchange:

Attn: Christian Villamin 3911 S. Walton Walker Blvd.

Dallas, Texas, 75236 villaminc@aafes.com

2) Order of Precedence In the event of an inconsistency or conflict between or among the provisions of this Contract, the inconsistency or conflict shall be resolved by giving precedence to the various provisions in the following order as applicable: (a) cover page and section one; (b) section two; (c) section three; (d) other sections;

(e) any attached exhibits.

3) Procurement Integrity, Gratuities and Contingent Fees

a) By submission of an offer or performance of this contract, the offeror or contractor certifies with respect to this Exchange purchase action:

1. that no discussion, offer or promise of future employment or business opportunity has nor will be made to the Exchange civilian or military personnel who personally and substantially participated in the purchase action;

2. that no offer, promise or gift of any gratuity, entertainment, money, or other thing of value has nor will be made to any Exchange civilian or military personnel or any other employee of the United States Government or member of their family or household;

3. that no information proprietary to other offerors or other purchasing information (offeror list, prices offered, technical evaluations or rankings, etc.) is sought or obtained until it is available to the public under the Exchange procedures.

4. that no person or selling agency has been employed or retained to secure this contract for a commission, percentage, brokerage or contingent fee except bona fide employees or bona fide established commercial selling agencies retained by the contractor for the purpose of securing business.

b) Contractor certifies that no gratuities (entertainment, gifts, money, kickbacks or other thing of value) were nor will be solicited or accepted by the contractor, or any contractor representative, from any subcontractor or subcontractor representative, for the purpose of obtaining or rewarding favorable treatment in connection with this contract or any subcontract under it.

c) Contractor will report in writing to the Director, Loss Prevention Directorate, any possible violation of this clause when there are reasonable grounds to believe a violation may have occurred. The contractor will cooperate fully with any federal agency investigation of a possible violation of this clause.

d) For breach of any of these certifications, the Exchange may terminate this contract for default, and/or deduct from amounts due under this or other contracts, or charge contractor for, the total value of any contingent fee, gratuity or kickback or other loss to the Exchange arising out of the breach.

4) Officials Not to Benefit No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit.

5) Contractor Personnel and Representatives

a) This agreement does not create an employment or joint employer relationship between an employee of the Contractor and the Exchange. Contractor is the sole employer of its employees. Personnel employed by Contractor under this contract are not employees of the Exchange. The Exchange affirmatively disclaims control over the terms and working conditions of the Contractor’s employees, including but not limited to the ability to hire, fire, discipline, train, set work hours, taxes, determine compensation and benefits, and exercising day-to-day supervision.

b) Contractor is responsible for compliance with labor, employment and tax laws, and will accept liability for breach of applicable labor, employment and tax laws and terms of this contract. In the event of a breach by Contractor related to this provision, Contractor agrees to indemnify the Exchange.

c) Contractor will discontinue using any individual in Exchange facilities upon contracting officer's written notice that the individual is not acceptable for performance under this contract. Contractor will not use any such person to perform other Exchange contracts without the prior written consent of the contracting officer. These requirements are not requests by the Exchange for the termination of the individual’s employment with Contractor, but a requirement only under the Contract not to use any such individual under this contract, other Exchange contracts or work in Exchange facilities without prior written consent.

d) Contractor personnel will abide by applicable laws, regulations and military command directives and conduct themselves so as not to reflect discredit on the Exchange.

e) Contractor will not represent himself/herself to be an agent or representative of the Exchange, another instrumentality, or an agency of the United States.

6) Composition of Contractor If the contractor hereunder is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.

7) Assignment The Assignment of Claims Acts, 31 U.S.C. 3727 and 41 U.S.C. 6305, are not applicable to amounts due under Exchange contracts. Contractor may not assign its rights or delegate its obligations under this contract, and the Exchange will neither consent to, nor recognize, any purported assignment. Contractor may request permission from the contracting officer to have contract payments forwarded to a third party.

8) Permits and Responsibilities The contractor shall, without additional expense to the Exchange, be responsible for obtaining any necessary licenses and permits, and for complying with applicable Federal, state, foreign and municipal laws, codes and regulations, in connection with the prosecution of the work. The contractor shall be similarly responsible for all damages to persons or property that occur as a result of the contractor’s fault or negligence. The contractor shall take proper safety and health precautions to protect the work, the workers, the public and the property of others. The contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire construction work, except for any completed unit of work which may have been accepted under the contract.

9) Federal, State, Local and Foreign Taxes

a) The responsibility for determining the applicability of any taxes imposed on the performance of this contract or any subcontract hereunder rests with the contractor. The contract price includes all applicable federal, state and local taxes and customs duties. Some state or local laws or regulations exempt purchases of materials or supplies incorporated into or used in the performance of federal contracts. The contract price does not include any tax for which an exemption exists at the time of contract award.

b) Nevertheless, with respect to any Federal excise tax or duty on the transactions or property covered by this contract, if a statute, a court decision, written ruling or regulation takes effect after the contract date, and

1. results in the contractor being required to pay or bear the burden of any such Federal excise tax or duty or increase in the rate thereof which would not otherwise have been payable on such transactions or property, the contract price shall be increased by the amount of such tax or duty or rate increase, provided the contractor warrants in writing no amount for such newly imposed Federal excise tax or duty or rate increase was included in the contract price as a contingency reserve or otherwise; or

2. results in the contractor not being required to pay or bear the burden of, or in obtaining a refund or drawback of, any such Federal excise tax or duty which would otherwise have been payable on such transactions or property or which was the basis of an increase in the contract price, the contract price shall be decreased by the amount of the relief, refund or drawback, or that amount shall be paid to the Exchange, as directed by the contracting officer. The contract price shall be similarly decreased if the contractor, through his fault or negligence or his failure to follow instructions of the contracting officer, is required to pay or bear the burden of, or does not obtain a refund or drawback of, any such Federal excise tax or duty.

c) Subparagraphs "a" and "b" above shall not be applicable to social security taxes or to any other employment tax.

d) Except as otherwise provided in this contract, the contract price includes all applicable foreign taxes and duties. The contractor warrants that the contract price does not include any tax or duty which the government of the United States and the government of the country wherein the contract is to be performed has agreed shall not be applicable to purchasing of…