Statement of Work Moakley Cafeteria Services 2025 04 11 Final.pdf

Description/Specification

1. Description of Facilities:

DESCRIPTION (description of service and building?)

This contract establishes a food services operation for the purpose of dispensing food and nonalcoholic beverages at the following federal building:

John J. Moakley Federal Courthouse

One Courthouse way

Boston, MA 02131

The contractor must provide labor, equipment, supplies, management, and supervision in accordance with the terms and conditions of this contract.

SPECIFICATIONS (building size, occupancy estimates, etc)

1. Description of Facility: Moakley Federal Building

A. The food service operation will be in the following location (i.e., First floor cafeteria space): 2nd

Floor

B. Approximate square footage of food service space: 11,214

C. Approximate seating capacity of space: 195

D. Approximate building square footage: 974,000

E. Building hours: 6:00am to 6:00pm

F. Peak building days and/or times include (i.e., Tu-Thu, 9am-2pm): Tuesday thru Thursday

9:00am until 3:00pm

G. Approximate range of daily building occupants and visitors: 405 to 1,000

H. Estimated Foot Traffic: 115 per day

Discrepancy in Building Specifications.

Building specifications are provided as estimates only. The Government does not guarantee this information nor is it responsible for any variation in it.

2. Historical Sales Data.(Total Net Sales)

A. Cafeteria

In FY _22_: $_370,479.27_

In FY _23_: $_433,520.27_

In FY _24_: $_514,919.35_

B. Catering sales for last year (if applicable): $____N/A__

C. Coffee Bar sales for last year (if applicable): $___N/A__

D. Other sales for last year (if applicable): $___N/A_

2. Statement of Work:

A. Description of Services. The Contractor must establish and operate the food service facilities described herein for the purpose of dispensing food, nonalcoholic beverages, supporting catering events as requested and such other items as may be authorized by the CO or COR in accordance with the terms and conditions of this contract.

The food service contractor shall possess the ability to cater events and will be given the exclusive right to provide catering services to functions scheduled during normal business and off hours including weekends. These services will be in coordination with the Contracting Officer’s Representative (COR) contractor to ensure adherence to public use protocols, and pass through of costs for operation, cleaning, and security associate with the function.

B. Scope of Work. The Contractor must establish and operate in the Contractor's name, the food service facilities for the purpose of dispensing food, nonalcoholic beverages and such other items as may be authorized by the COR, in accordance with all terms and conditions specified herein at the stated facility.

If alcoholic beverages are to be served at a function, the food service contractor must obtain proper licensing, insurance and provide indemnification of the Government from claims arising from the serving of such beverages.

The John J. Moakley Federal Courthouse cafeteria is to be operated for the benefit of an average of approximately 1,000 building occupants and visitors to the building.

The estimated annual Public Realm Events: [200]. The breakdown of events over a 12 month period are listed below, these numbers should be used for informational purpose only since fluctuations in events are common.

Daytime (normal building operating hours 6 A.M. – 6 P.M.) 83

Evening (after hour 6 P.M. – 11 P.M) 117

The food service contractor will be given the exclusive right to provide catering services to functions scheduled during normal business hours and off hours, including weekends. GSA may grant exceptions for a small number of tenant hosted functions which do not require access to kitchen equipment. Entertainment must meet the GSA and United States Court standards. The vendor shall adhere to the federal licensing requirements and the collection and coordination of monetary requirements, set fourth in 41 CFR Subpart D occasional Use of

Public Buildings. The vendor shall work with the CFM Public Realm Director for the coordination of all Public

Realm catering services. It is the Governments expectation that everything brought into the Courthouse must be removed that evening and the areas used must be left in the same condition that they were before the event. On an annual basis, the contractor must demonstrate that their catering pricing is in line with area industry pricing.

In addition, there may be an occasional need for food service to various multipurpose areas on behalf of

Courthouse tenants. Consideration should be given to a specialized menu & pricing to cater to these programs.

The food service may range from coffee/Danish service to full service meals, to include international menus.

Luncheon meetings, and special functions, may be required periodically by the occupant agencies. It will be necessary to integrate these requests into the hour of operation proposed if and when such request comes about.

The Agency estimates that less than 20 percent of the federal employees listed above telework a minimum of one or two days each week, and less than 20 percent of the federal employees listed above work an alternate work schedule (AWS). AWS provides employees one day off (typically a Friday or Monday) every two weeks.

Government shall not be held responsible for any variation from this employee population figure since the extent of occupancy is not guaranteed.

C. Term of Contract. The contract must be for a period of 5 years effective from the beginning date specified in the Notice to Proceed, subject to the termination clauses. At the option of the CO, in concurrence with the Contractor, the Contract may be extended thereafter for a term or terms of _5_ years, provided that the

CO will give written notice to the Contractor at least 180 days before the contract, or any extensions thereof, would otherwise expire. The contract period, including extensions, must not exceed a period of 15 years from the start date of the original contract.

D. Randolph-Sheppard Facilities. The Randolph-Sheppard program operates all vending machines in the building.

3. Effective Date: Service will begin on or about August 1, 2025.

4. Hours of Service:

A. Service Schedule. Cafeteria services will be provided 5 days per week, Monday through Friday

(except for holidays observed by the Federal Government), as follows:

Cafeteria: John J. Moakley Courthouse

Period Opening Closing

Breakfast 6:30 AM 10:00 AM

AM Break 10:00 AM 10:30 AM

Lunch 10:30 AM 2:30 PM

PM Break 2:30 PM 3:00 PM

The above hours are minimum hours to which the contractor must adhere; if the Contractor wants to extend the service schedule to increase its financial viability, the hours can be extended. Changes must be requested in accordance with modification to service schedule.

Cater events will be provided 5 days per week, Monday through Friday to include after hours (between 6:00

P.M. and 11:00 P.M.), weekends and holidays.

B. Modification to Service Schedule.

Any request for modifying the hours or days of service shall be submitted for approval of the Contracting

Officer’s Representative (COR) prior to start of service date. The Contractor can submit a request for reduction in service during Government Holiday periods in advance (14 days). If the Telecommute and/or Alternate Work

Schedule (AWS) Agency programs impact sales levels on specific business days, the Contractor can submit a request for change in service on these days. The COR will review the request and advise the Contractor if a request is approved.

5. Provided by Contractor:

The Contractor must pay all fees, expenses or other charges incident to or resulting from operations under the

Contract as more specifically set forth herein.

A. Food Service Guidelines. The Contractor is responsible for operating in accordance with the

Food Service Guidelines which provides standards for food safety, nutrition, facility efficiency, environmental support and community development, and behavioral design in food service operations at federal facilities. This includes offering vegetarian, vegan, organic, and healthy food choices. The Guidelines can be found on the

Centers for Disease Control and Prevention’s website: https://www.cdc.gov/nutrition/php/food-service-guidelines/

B. Procedures for Future Price Adjustments/Changes. The contractor must submit a request for any menu adjustments to the COR in writing at least 45 days prior to the requested change. Such adjustments may include changes to prices, portions, or items offered for sale (Excluding daily or weekly promotional menu items). All requests must include and be provided in a format approved by the COR and should include:

detailed explanation of the requested modification, date of proposed menu change, and applicable supporting documentation justifying the request. Supporting documentation may include but not limited to: evidence of changes in cost to items/ingredients, a market basket survey of at least 3 similar food facilities in the local area

(COR accepted locations), and other documentation as the COR deems acceptable. Once the request and all documentation have been accepted by the COR, the COR will have 30 calendar days to review the request and notify the contractor of the decision. Upon approval, the contractor must post a notice to customers in prominent locations of the cafeteria for at least 14 calendar days prior to implementation of the menu adjustment. For temporary price surges brought on by supply disruptions (i.e., natural disasters, etc) or other external market forces beyond the contractor’s control, the contractor may request a temporary surcharge or menu change until the cost of the subject item stabilizes. Once costs stabilize the former approved price shall be reestablished or the item returned to the menu as previously agreed. It should be noted that the Government expects menu item pricing to be less than the pricing of similar regional commercial facilities, by a minimum of

10% due to the Government providing a fully furnished facility and not charging rent or utilities.

C. Equipment and Supplies Furnished by the Contractor. All required equipment and supplies must be provided by the Contractor. Such equipment might include (but is not limited to): kitchenware, serving utensils, napkin and utensil dispensers, food trays, menu boards, telephone, computer, office furniture/equipment, and all appliances needed to meet the requirements of the contract that are not necessarily provided by the government. The contractor must repair or replace such equipment and utensils as necessary.

All items provided by the Contractor must be of good quality (consistent with current business and industry standards), suitable for the purpose of its intended use, kept clean, and in good working order.

i. Disposable Products

The contractor must provide disposable products that meet Biopreferred® Federal Purchasing standards

(www.biopreferred.gov). The use of products constructed of polystyrene foam (i.e., Styrofoam) is prohibited.

ii. Point of Sale (POS) System

The Contractor must provide a POS system that accepts credit and debit cards. Mobile and online payment methods are highly encouraged.

iii. Waste Receptacles

Waste receptacles must have self-closing tops and be made of hard non-toxic plastic material. Single-service compostable liners shall be used in conjunction with these receptacles.

The 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.

D. Sanitation and Quality.

i. The Contractor shall serve quality food under clean and sanitary conditions in accordance with the provisions and recommendations contained in the most recently published guides and publications:

1. Food Code

2. U.S. Public Health Service publication and all local codes and regulations relating to food service sanitation and procedures

3. U.S. Dietary Guidelines for Americans

ii. Any documentation required by federal, state, or local authorities shall be available on site for COR review (i.e., Material Safety Data Sheets (MSDS), Hazard Analysis and Critical Control Point (HACCP), etc.). The Material Safety Data Sheets (MSDS) shall be onsite prior to the start date of the contract and remain updated on site.

iii. 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.

iv. Any suspected outbreak of illness, whether involving employees or visitors, is to be reported immediately to the Agency 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.

E. Solid Waste/Trash/Recycling Management. Contractor must follow/maintain waste reduction and recycling programs conducted in the building (i.e., paper and metal recycling) including;

v. Using building-provided recycling and waste removal services for waste generated from concession operations.

vi. Maximizing the use of recyclable-content and compostable products (chlorine-free and are petroleum-free) compatible with the building’s recycling/compost program.

vii. Contractor is highly encouraged by partnering and engaging with a food bank donation program.

viii. Recycling waste cooking oil (if applicable).

The Contractor will strategically place trash/recycling receptacles Note; trash and recycling units placements are normally provided as part of the general design/layout of the dining room, contractors should provide only the inserts for those units. recommend this entire paragraph be adjusted accordingly. throughout the dining area in order to facilitate proper disposal of waste (trash, recycling and/or compost) by patrons. The Contractor will provide busing service during service hours to remove any remaining waste and assure that tables and chairs are kept clean during service hours. Contractor is responsible for maintaining and emptying trash receptacles from the dining room during and after service.

F. Personnel and Supervision.

The Contractor must employ sufficient professional personnel to meet the terms of this contract, including:

a. Facility Manager: A qualified full-time food service person shall act as manager of the facility.

The manager will have delegated authority to effectively manage the day-to-day operation of the cafeteria including: executing the terms of this contract, supervision of personnel and training, menu planning, purchasing, cost control, sanitation, customer satisfaction, etc. The manager must be onsite during all cafeteria open hours for the entirety of this contract. The manager must be replaced within 30 days, upon the request of the COR.

b. Staff: All employees performing work under this contract must be:

i. Sober, conscientious, and courteous.

ii. Physically able to do their assigned work.

iii. Free from communicable diseases.

iv. Able to effectively communicate in English in order to carry out all duties assigned to them and to communicate with patrons.

v. Neat in appearance and wear a distinctive uniform of professional appearance that displays the company logo, a hair net or other suitable head covering, and appropriate gloves while handling food. While in the building, the employees must wear a legible name badge at all times.

vi. In compliance with building rules and regulations at all times while onsite.

G. Contractor Performed Repairs.

a. The Contractor is responsible for the repair and the repair cost (material, parts, and labor) of Government-owned equipment. However, the Contractor’s annual cost of repair of

Government-owned equipment shall not exceed $1,000 in a Government fiscal year; repair costs over $1,000 in a fiscal year will be paid by the Government. The Contractor must submit monthly to the COR a log/record of equipment repaired, description of repair, date of repair, contractor performing repair, cost, and year-to-date repair balance.

b. The Contractor must perform repairs in a timely manner whenever they are required and shall notify the Government via e-mail when such work is being accomplished.

Repairs on cafeteria equipment covered by a warranty or guarantee agreement shall not be initiated without the prior approval of the Government.

c. The Contractor shall immediately report any potential need of repairs when it may be in the best interest of the Government to consider replacing rather than repairing the. The

Government-designated representative will provide the decision to proceed with the repair or equipment replacement.

d. The Contractor will be responsible for all equipment repair costs or replacement costs due to improper use, vandalism, or abuse by Contractor employees, as well as costs for repairs that were not pre-approved by the appropriate authority.

H. Cleaning and Janitorial Services.

a. The Contractor agrees to furnish all labor, supplies, materials, equipment, and supervision sufficient to maintain the cafeteria areas and food service equipment (including hoods and/or water wash down system) within its areas of responsibility in a clean, orderly, and sanitary condition at all times as detailed below. In connection with the performance of this contract, the Contractor must not use any material which the Government determines would be unsuitable for the purpose or harmful to the surfaces to which it is applied.

b. The Contractor is responsible for the cleaning and maintenance of all serving-area counters and associated equipment. The Contractor is responsible for the daily cleaning and maintenance of the serving area, floors that are behind the serving counters and considered “non-public”. The Contractor must maintain the “public” serving area floors in a clean condition and spillage-free during and after service hours. The Government is responsible for daily cleaning of the serving area floors that are considered “public” and a periodic deep cleaning of serving area flooring as necessary.

c. The Contractor must maintain the Cafeteria dining room area flooring/carpet in a clean condition and spillage-free during service hours. The Contractor must leave the dining room flooring/carpet in “broom clean” condition and spillage-free after service hours.

The Government is responsible for the daily cleaning and maintenance of dining room flooring/carpet after service hours.

d. The Contractor will be responsible for maintaining and cleaning dining room equipment including, but not limited to, tables, table tops and bases, chairs, booths, counters, dining tray carts, and trash collection stations. The Contractor will also be responsible for removing trash and recyclables from the dining room collection points during and after service periods.

e. The Contractor will be responsible for the cleaning and maintenance of the entire kitchen area.

f. 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: walls, ceilings (excluding Building heating ventilation and air conditioning louvers, lighting fixtures or other building equipment that is part of a general building mechanical system), floor drains, kitchen, Servery, storage areas, loading docks and dumpster locations, dining area tables, chairs and floor, et al.

g. 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 visit www.greenseal.org.

h. The Contractor must comply with all custodial product standards in the PBS

Key Sustainable Products Order. In addition, the Contractor must consult the GSA Green

Procurement Compilation to ensure compliance with other custodial product sustainability requirements.

i. Failure to keep any of the facilities that are the responsibility of the Contractor in a clean and sanitary condition satisfactory to the CO or the COR may result in either or both of the following:

i. The CO or the COR may have the facility cleaned by other means and the cost of such work charged to the Contractor.

ii. The Contractor will assume the cost for the daily cleaning and maintenance of dining room flooring/carpet and/or serving area floors after service hours, trash removal and/or rodent/pest control if such costs are otherwise the responsibility of the Government.

The COR may require additional cleaning as deemed necessary. Prior approval of the Facility

Manager is required in order to perform work on weekends or Federal holidays..

https://gsa.gov/portal/getMediaData?mediaId=240039 https://gsa.gov/portal/getMediaData?mediaId=240039 https://sftool.gov/greenprocurement https://sftool.gov/greenprocurement

I. Security Areas. The Contractor is responsible for the security of all areas under the guidance of the Contractor. The Contractor is responsible for determining that all equipment has been turned off, that windows are closed, lights and fans turned off,faucets are turned off no visible leaks and doors locked when the cafeteria is closed. A key to contractor area must be available for emergency use in the building security office.

J. Hazardous Conditions. The Contractor is responsible for identification, prevention, and/or clean up of unsanitary or hazardous conditions. . This shall include any employee, agent or representative of the Contractor, Federal employee or other patrons of the food service facility and shall be applicable to any portion of the facility that is under the jurisdiction of the

Contractor.

a. Identification and Notification: The Contractor is responsible for identifying any hazardous conditions that may develop in the space assigned to it, and must immediately notify the COR of the condition. The Government does not warrant or guarantee that no possible safety hazards exist.

b. 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.

K. Liability. The Government will not be 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 the employees' personal belongings. Any personal injury or physical damage to the building or equipment resulting from fire or other causes must be reported to the Facility

Manager immediately.

L. Occupant Emergency Program. The Contractor must notify the local fire department in the event of fire. All Contractor employees must follow building procedures for

Fire, Shelter in Place (SIP) and drills. The Contractor and its employees must be familiar with and follow the Designated Agency Representative and the Occupant Emergency Plan, a self-protection plan developed in accordance with GSA guidelines. A copy of this plan is available through the Designated Agency Representative.

M. Reporting Requirements.

a. Monthly (or four week) Operating Statements:

The Contractor must 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 profit and loss statement must be submitted on the attached GSA Form included in the attachment section. The CO or representatives will examine and audit all phases of the financial operation of the food services provided by the Contractor as necessary.

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

Reporting Period: Month/Year

Revenue Days: #

Total Sales Customer Count Check Average

Breakfast $0.00 # $0.00

Lunch $0.00 # $0.00

Monthly/accounting period and annual roll-up reporting must include gross sales percentages and customer count summaries derived from GSA-endorsed healthful and organic menu items as a means to track the effectiveness of the wellness initiatives. should reconsider this requirement unattainable as a standard requirement

Failure to submit requested financial information to the CO or COR in a timely manner as defined above, and at the discretion of the CO, may result in the Contractor assuming the cost for the daily cleaning and maintenance of dining room flooring/carpet and/or serving area floors after service hours, trash removal and/or rodent/pest control if such costs are otherwise the responsibility of the government

b. Contractor certification of end-of-fiscal year statement:

All cafeteria Contractors must certify their end-of-fiscal-year profit/loss statements for submission to the COR no later than 90 days after the end of the fiscal year.

c. Equipment records:

Within 30 days of the contract start date, the Contractor must acknowledge, in writing to the

COR, receipt of the Government-owned equipment listed in the attached Equipment Inventory and properly track all additions, replacements and removals of Government-owned equipment during the course of the contract, the Vendor, at the end of each fiscal year shall submit a revised inventory reflecting any changes that may have occurred

N. Operating Expenses.

a. The Contractor is permitted to incur the usual type of operating expenses for cafeteria services as detailed in the attached profit and loss statement. Expenses listed under

Other Costs must be detailed by the Contractor. Operating expenses are the actual net costs after deduction of trade discounts, cash discounts, rebates, etc, which accrue or which the Contractor becomes obligated to pay because of operations under the contract.

b. The following are not allowable as operating expenses under the terms of the contract, but are to be recovered as part of the administrative expense or General Overhead in an amount not to exceed 3.0% of sales:

i. Payroll computations and disbursements of employee salaries.

ii. Wages and salaries of home-office employees and general administrative, executive, and management officials for general supervision of the contract.

iii. Wages and salaries of home-office employees and general administrative, executive, and management officials for opening expenses at start up of the contract.

iv. Accounting expenses, including costs of preparing financial reports.

v. Supervision of facilities by Contractor's home office personnel.

vi. Other wages and salaries to the extent that they exceed those normally paid for similar work in the locality, unless approved by the CO.

vii. Home Office management costs, such as general management overhead, transportation of management personnel, and any other indirect management costs, as related to this contract.

viii. Repairs necessary as the result of negligence of the Contractor or his employees.

ix. Payment for forms and other supplies or stationery.

x. Depreciation (unless project/investment is approved by CO or

COR)

xi. Transportation costs for contractor employees or vehicle costs unless such use is determined to be a part of this contract requirement and has prior approval by the CO

Other expenses may not be incurred as operating expenses without the approval of the CO.

O. Energy Conservation Guidelines. The Contractor is required to submit a comprehensive energy and water conservation plan as part of this RFP. Such plans are subject to verification and inspection by government authorized personnel. The Contractor is to purchase and use Energy Star (energystar.gov) equipment in the performance of this Contract.

The Contractor is responsible for securing lights and cafeteria/kitchen equipment during periods of non-active operations that are not essential for safety, security or sanitation. If such items are not secured, the CO may invoice Contractor for energy used. Energy audits may be randomly conducted during and after operating hours to ensure Contractor adherence to sound energy conservation practices, including usage and conservation of water and energy.

P. Telephone and Computer Systems. The Contractor is responsible for installing, connecting with and paying for the telephone system and other computer connections/lines etc.

as needed to fulfill obligations under this Contract. The Contractor must coordinate the installation of all telephone and computer lines with the Agency.

Q. Building Space.

a. Space Modifications: The Contractor must secure written permission from the

COR and Government prior to performing any physical modification of the building space. In addition, the Contractor must provide all construction documentation including estimated cost, if any, describing, in detail, the modification requested prior to proceeding with the work.

b. Returned Space: The Contractor must exercise reasonable care in the use of

Government space and Government-owned equipment. Upon contract termination, the

Contractor must return space and equipment in as good condition as when received, except for ordinary wear and tear, or damage/destruction beyond the Contractor's control and not due to the

Contractor's fault or negligence.

R. Preventive Maintenance.

a. The Contractor must perform a preventive maintenance (PM) program on all

Government-owned equipment. The PM program must be approved by the COR prior to start of contract. The cost of the PM program is not part of the annual cost of repairs.

b. The PM provided by the Contractor must be in accordance with the manufacturer's suggested maintenance guide for each individual piece of equipment. PM follow-thru by the Contractor is essential to ensure equipment is maintained properly. If the Contractor fails to follow the PM instructions regarding proper operation or cleaning of Government owned equipment and the equipment needs to be repaired or replaced, then the Contractor is responsible for the first $2,500 per piece of equipment.

6. Continuity of Operations:

The Contractor must recognize that services covered by this Contract are vital to the successful accomplishment of the Government’s mission. The Contractor must maintain continuity of services, without interruption, throughout the entire term of the contract according to the terms set forth herein. If the Government has a delayed opening or early closing the Contractor shall follow the official OPM guidelines. Service should be provided every day that the Government in Washington DC is not in “FEDERAL OFFICES ARE CLOSED TO THE PUBLIC” status

(per the Office of Personnel Management; reference http://www.opm.gov/status/). Further, the

Contractor may be told to continue operations in whole or part in the event of a Government

“shutdown” due to a failure by Congress to agree on an operating budget.

7. Contracts and Subcontracts:

If requested by the CO or COR, the Contractor must provide contracts or subcontracts, which provide services required under this contract. Any subcontractor shall remain subject to the terms and conditions noted in this agreement,

8. Responsibilities/Furnished by the Government:

A. General. The Government shall provide, without cost, the facilities, materials, and services listed below. Government property must be used for official Government business only in the performance of this contract or on-site catering. The Contractor or the Contractor’s

Commented [1]: This line needs to be modified, open closed is not a DC decision.

http://www.opm.gov/status/ employees will not use Government property in any manner for any personal advantage, business gain, or other personal endeavor other than in the performance of this Contract.

B. Property.

a. Government Furnished Space:

Subject to the Contract’s requirements and conditions, the Government agrees to grant to the

Contractor the right to establish, manage and operate a cafeteria in the Federal building as described herein, and, in connection therewith, to prepare and sell food, nonalcoholic beverages, and such other products or services as the Government may authorize for the stipulated period.

Such services shall remain subject to the mutual agreement by the parties:

b. Vending Stands:

The Government reserves the right to permit the establishment of vending stands to be operated by the State Licensing Agency under the provisions of the Randolph-Sheppard Act (20 U.S.C. §

107).

c. Facilities:

At the beginning of the contract period, the Government will provide space for operations under the Contract, as set forth herein, as it may deem necessary or desirable. The Government will provide adequate ingress and egress, including a reasonable use of existing elevators, corridors, passageways, driveways, and loading platforms. The Government will, as it deems advisable, provide space heating, space lighting, ventilation, and utilities. In addition, it will:

i. Make such improvements and alterations as it may deem necessary or desirable to prepare or recondition assigned space for its intended purpose, including improvements and alterations necessary to conform to applicable sanitary requirements or the addition of service modules within the facility that are desired by the Government to meet customer requirements.

ii. Maintain and repair building structure in areas assigned for the contractor's use, including painting and decorating, the maintenance of gas, water, steam, sewer

(including all grease traps), electrical lines, ventilation (including duct work and fans), fire suppression systems, building electrical lighting fixtures (including re-lamping), walls, ceilings and repair of floors and floor coverings. The Contractor must bear the expenses of repairs necessary because of negligence on the part of the Contractor or the Contractor's employees.

iii. At its own expense, provide, install and permit the Contractor to use the equipment listed and additional equipment of a similar type when required for expansion approved by the CO; provided, that equipment no longer needed for Contract operations may be withdrawn by the COR. The Government will replace equipment which it has provided, as it deems necessary.

d. Parking:

There is no parking available on the site for the Contractor. There are two lots within walking distance from the building.

e. Windows:

The Government is responsible for cleaning the interior and exterior of all windows.

The Government is responsible for the cleaning of blinds, window coverings and drapes in the dining areas.

f. Government-owned equipment:

The Government will furnish, for the Contractor's use, food service equipment listed in the attached Inventory of Food Service Equipment List.

g. Rodent/Pest Control:

The Government will contract, pay for and maintain an effective food service related program for rodent/pest control. The Contractor must coordinate its efforts with the programs conducted by the building's management staff and/or building management pest control contractor. The

Contractor is responsible for advising the COR about any structural, sanitary, or procedural actions by the Government that would reduce food, water, harborage, or access used by pests.

The Contractor must maintain a high sanitation standard to the satisfaction of the Government to help control and minimize rodent activities. Failure to maintain high sanitation standards will result in the Contractor assuming all trash removal costs if such costs are otherwise the responsibility of the government

h. Trash Removal:

The Government will contract and pay for trash removal and the trash container. The Contractor is responsible for transporting trash (material that cannot be composted or recycled) to the building trash container location. Failure to maintain high sanitation standards will result in the

Contractor assuming all trash removal costs if such costs are otherwise the responsibility of the government. The Contractor is responsible for maintaining and emptying trash from dining room collection points during and after service.

9. Rights and Authority of the Government:

A. Approval.

Subject to the detailed provisions stated in this Statement of Work, Contractor operations are subject to the review and approval of the CO or his designated representative.

B. Public Space.

The Government reserves the right to use dining areas and other public spaces at other than serving periods, for meetings of Government employees or other assemblies. After each use the space will be cleaned and rearranged by the Government without expense to the Contractor.

C. Restrictions.

i. Equipment. Unless otherwise permitted by the CO or the COR, the Contractor must not install and/or operate any automatic vending equipment or remove any Government-owned equipment from the premises (except for repair).

ii. Patronage. Since the facilities to be provided hereunder are for the benefit and conveniences of Federal employees, patronage from other sources may be regulated by the

Government. and subject to the guidelines identified in the Public Buildings Cooperative Use

Ace of 1976.

iii. Weekends and Federal holidays. The Contractor must not perform work on weekends or Federal holidays without prior approval of the COR, COR will coordinate other approvals as needed.

iv. Facilities. The Contractor must not use the physical facilities made available under this Contract for any purpose outside of what is described in this contract. However, the

Contractor may, if desired, utilize centralized food preparation and storage sources located elsewhere from which distribution is made to facilities operated by the Contractor, including the facilities included in this contract. Prices charged to the operation for items obtained from these sources shall not exceed the actual cost of procurement and/or storage, preparation and distribution.

D. Records. The Contractor shall maintain such accounting and operating records in connection with operations under this contract as are satisfactory to the CO. The Contractor shall take all necessary precautions to assure that all income received from any source is immediately recorded through cash register sales tickets and that all expenditures are supported by appropriate vouchers.

E. Cash Register Readings. The Contractor shall permit a representative of the CO to read cash register counters and sales recorders on demand.

F. Projected Annual Budget. At the beginning of each fiscal year, the Contractor shall provide the CO or his designated representative a projected annual operating budget (pro forma), estimated customer participation and projected check average.

G. Modification of Contract. Modifications of the terms of the contract may be made by mutual agreement in writing between the CO and Contractor. The Government reserves the right to add additional locations/facilities in the future to this Contract by mutual agreement.

H. Discrepancy in the Specifications. In case of any discrepancy in the specifications, the matter shall be immediately submitted to the CO, without whose decision said discrepancy shall not be adjusted by the Contractor, save only at its own risk and expense. The decision of the

Contracting Officer as to the proper interpretation of the specifications shall be final and conclusive, subject only to appeal as provided in the "Disputes" clause of this contract.

10. Protection and Damage:

Should certain equipment be removed for the purpose of area modification and/or repair by the contractor, such items must be replaced in their original locations. Equipment, furnishings, building and building accessories damaged due to work performed by the Contractor or a subcontractor under this contract must be repaired or replaced consistent with their original condition by the Contractor at no additional cost to the Government. At the end of the contract, unless a waiver is issued by the CO, the Contractor must return the facility to its original condition, less normal wear and tear. In the event of an area modification approved by the

Government and completed by the Contractor, the Government may, subject to CO approval, accept the facility in its present condition, less normal wear and tear.

INSPECTION AND ACCEPTANCE

1. Contractor Responsibility:

The Contractor is responsible for the day-to-day inspection and monitoring of all Contract services performed to ensure compliance with Contract requirements. The results of all inspections conducted by the Contractor must be documented on inspection reports (warranted as presented) and made available to the COR as required, or on the last workday of each month.

2. Quality Standards:

The Contractor must ensure that the required services in the Statement of Work and elsewhere in this Contract, meet the quality standards outlined herein. All work performed under this contract must be of the highest quality, consistent with best industry practices, timely, and lead to optimum tenant Agency satisfaction. The Contractor must also comply with Wellness Program and Sustainability Plan requirements and ensure adequate protection of Government assets.

3. Contract Representative:

Five days prior to the Contract starting date, the Contractor shall submit to the CO a written notice designating a representative at the facility to whom all notices issued by the Government should be delivered, mailed, or e-mailed, including notices required under the Contract for proposed deductions and final decisions.

4. The Role of Government Personnel and Responsibility for Contract Administration:

A. Contracting Officer (CO).

Name: Siobhan Frongillo

E-mail: siobhan.frongillo@gsa.gov

The CO has the overall responsibility for administering this contract. He/She alone, without delegation, is authorized to take actions on behalf of the Government to: amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details and delivery schedules; make final decisions on disputed deductions from contract payments for nonperformance or unsatisfactory performance; terminate the contract for convenience or default; and issue final decisions regarding contract questions or matters under dispute.

Additionally, the CO may delegate certain other responsibilities to his/her authorized representatives.

B. Contracting Officer’s Representative (COR).

Name: Jerry Walsh

E-mail: gerald.walsh@gsa.gov

The Individual shown above is designated as the Contracting Officer’s Representative (COR) to assist the Contracting Officer in discharging his/her responsibilities when he/she is unable to be directly in touch with the contract work. The responsibilities of the COR include, but are not limited to: determining the adequacy of performance by the Contractor in accordance with the terms and conditions of this Contract, taking into account any reports from the Agency’s designated representative; acting as liaison between the Contractor and Agency, when necessary;

ensuring compliance with the Contract requirements through periodic visits to the Contractor’s facilities; assisting in the resolution of any issues that arise with regard to Contractor performance or Government responsibilities; assisting in the expediting of orders when required;

and advising the CO of factors which may cause delay in performance of the work

C. Representatives of the Government. Representatives of the Government are responsible for inspecting the Contractor’s day-to-day work. The responsibilities of the

Representatives of the Government include, but are not limited to: inspecting the work to ensure compliance with contract requirements; documenting, through written inspection reports, the results of all inspections conducted; ascertaining that all defects or omissions are corrected;

conferring with Contractor representatives regarding any problems encountered in work performance, and generally assisting the CO and COR in meeting his/her contract responsibilities. It is expected that the Contractor will execute plans noted in the Contractor proposal and any amendment thereafter and such proposal and amendments are accepted by the government

5. Inspections:

A. Facilities operated under the contract will be inspected periodically by representatives of the Government and, when circumstances warrant, by representatives of local health departments. After each inspection the Contractor will be advised of unsatisfactory conditions for which it is responsible. Deficiencies thus reported must be corrected by the Contractor in a timely period as specified by such inspections or via written justification for an extension of not more than one (1) full day. Local health inspections must be reported to the COR within 24 hours.

B. The Government has the right to send its representative into areas assigned for the

Contractor’s use, at anytime, for inspection or other purposes approved by the CO/COR.

C. The Contractor will be subject to a monthly or as needed, unannounced audit of the food service facilities by a representative of the CO. The audit shall specifically include a comprehensive review of:

a. Service quality, attentiveness, courtesy, and similar factors.

b. Food quality, presentation, merchandising and promotions.

c. Sanitary practices and conditions.

d. Personnel appearance and staffing levels in accordance with the Contractor proposal.

e. Training program techniques, schedules and records.

f. Safety conditions.

g. Menu compliance, as indicated in the minimum acceptable menu profile to include GSA approved wellness selections.

h. Portion sizes as submitted in the Contractor’s business plan.

i. Menu pricing as submitted in the Contractor’s business plan.

j. Cash Register tapes and sales records.

k. Vendor overall program (stations and/or renovations) as submitted in the response to the Request for Proposal (RFP).

l. Sustainability practices as specified in the Contractor Sustainability Plan.

m. Participation in Government recycling program.

n. Use of Green Seal certified cleaning products.

o. Maximum and proper use of composting equipment.

p. Energy and water conservation program.

q. Adherence to the dietary guidelines herein.

6. Reviews:

GSA and contractor administrators/coordinators will meet quarterly in order to assess the overall operational performance in accordance with the contractor's proposal and the contractors responsibilities noted herein. In addition to these quarterly meetings, the Contractor must prepare a bi-annual report as described below in preparation for a bi-annual meeting between all parties to the Contract. Upon presentation of adequate documentation and justification, GSA will consider all reasonable program change recommendations.

The quarterly review will include an on-site meeting between GSA and the Contractor and will discuss the Contractor’s compliance with the contract, including but not limited to customer satisfaction and/or complaints an assessment of the Contractor’s wellness and sustainability programs, the Contractor’s health and safety record, Contractor concerns, Agency concerns and other subjects the parties deem necessary.If significant issues are identified during a quarterly review, the contractor shall develop a Performance Improvement Plan. The Performance

Improvement Plan will include reasonable and appropriate timeframes for remediation of the issue(s) noted therein. The Contractor’s failure to implement the Performance Improvement

Plan within the timeframe(s) stated in the Performance Improvement Plan may be deemed, at the

Government’s sole discretion, failure to perform by the Contractor, for which the Government may terminate this Contract for default.

In addition to the quarterly reviews, a bi-annual review will be conducted that will include an on-site meeting between GSA, the Agency, and the Contractor for a comprehensive review of all aspects of the operation. The review will assess every key aspect of the operation, with the

Contractor giving a presentation of how the site is performing measured against critical benchmarks such as health and wellness program, sustainability, customer satisfaction rate, sales, capture rate, food and labor costs, profitability and marketing plan. At the end of the review, the

Contractor will present benchmark goals for the upcoming six months/year as well as a marketing plan and business plan.

To facilitate the bi-annual review, the Contractor must provide a written report to GSA and the

Agency. It is in the best interest of the Government to ensure the success of the Contractor during the performance of this contract. The Government, with oversight and support of the

Contractor, will also ensure the satisfaction of the Agency and customers. The bi-annual report is intended to provide focus as to the Contractor’s efforts,build a plan that is in line with industry trends, provide customers with venues that meet their expectations. and build on continued operational success.

The bi-annual report provided by the Contractor must include a comprehensive review of the above and also must include:

A. Patron Survey – overall results and trend analysis

B. Quantity of complaints/comments and specific nature with Contractor responses, including, without limitation, complaints/comments submitted by customers to the electronic feedback program noted below.

C. Monthly Inspections including internal, GSA, Federal Occupation Health (FOH), Health Department, etc.

D. Food Safety Audit

E. Vendor overall program (stations and/or renovations) as submitted in the response to the Request for Proposal (RFP)

F. Profit and Loss Statement review.

G. A summary of the year’s inspection/audit reports from Section 5.3 (a through p) above.

Deliverables

1. Milestone Chart for Contractor’s Deliverables:

The Contractor is required to submit the following deliverables and reports at times specified in the Contract which are considered critical to the successful completion of all contractual requirements.