A21- W912P821R0019_AM0001.pdf

W912P821R0019

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

The above numbered solicitation for Cafeteria Services, is hereby amended to extend the the proposal due date to 4 May 2021 at 10AM.

The number of employees located at this facility is approximately 900, but the current capacity is 25%, due to COVID 19.

Site Visit has been scheduled for 11:00 am local time on 28 April 2021. Names of the persons w ho w ill be attending the site visit are due no later than noon, 26 April 2021.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 25

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 21-Apr-2021

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912P821R0019

X 9B. DATED (SEE ITEM 11)

04-Mar-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

20-Apr-2021

CODE

USACE, CONTRACTING DIVISION

ATTN: CEMVN-CT, ROOM 172

7400 LEAKE AVE.

NEW ORLEANS LA 70118-3651

W912P8 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

52.212-1 ADDENDUM

ADDENDUM 52.212-1

SECTION L – PROPOSAL PREPARATION AND INSTRUCTIONS

A. General

1. The Contracting Officer and Contract Specialist are the sole points of contact for this acquisition.

Offerors shall address all questions or concerns in writing via email to Nakiea Butler, Contract Specialist at e-mail: nakiea.b.butler@usace.army.mil.

2. The Offeror’s proposal shall be clear, concise and provide sufficient details to enable USACE to fully evaluate and determine the Offeror’s technical capability as set forth in this Request for Proposal (RFP).

Any proposal that modifies or fails to conform to the essential requirements of this RFP may be considered unacceptable.

3. Faxed proposals will NOT be accepted. The only authorized transmission method for proposals in response to this solicitation is electronically via DoD SAFE online submission. Offeror shall email their proposals using the following instructions:

a. Proposal may be submitted before the response date outlined in the Solicitation. Please send an email to the below email once your firm is ready to submit its Proposal.

Contract Specialist – Ms. Nakiea Butler, email: Nakiea.B.Butler@usace.army.mil

b. Contract Specialist will go to the DoD Safe site, input your name and email address, and then will request the file from you. You will then receive an automated email from the site with a unique link in the email.

c. Once the email with the link is received, please click on the link in the email, which will take you to the DoD Safe site.

d. This will be a unique webpage where you can upload your file. The default page will load with the box checked off next to, “Send me an email when each recipient picks up the files”. Please leave this box checked in order to receive a notification when the file is received from the Contract Specialist.

Please leave unchecked, “Encrypt every file”. The site itself contains a high level of security in which additional encryption is not required.

e. When you are ready to upload your file (please use pdf format for proposal submission), you can either click the blue button which says, “Click to Add Files or Drag Them Here” to locate the file on your computer, or simply drag the file onto the screen.

f. In the Description box that appears after uploading your file, please type your Company Name.

mailto:nakiea.b.butler@usace.army.mil.

mailto:Nakiea.B.Butler@usace.army.mil

g. Click the button that appears at the bottom of the page, “Drop-off Files”. A banner will pop-up asking for confirmation that your upload does not contain Classified Information. Click ok on the banner.

h. You will be taken to a confirmation page that should say, “Drop-Off Completed” at the top. This is your confirmation that your file was successfully uploaded to the site.

i. The Contract Specialist will receive an automated email stating that the file has been submitted. They will then send an email back to the company, confirming that they received the notice from the DoD Safe site.

j. Please adhere to the response time outlined in the solicitation by submitting before or on the due date.

4. Offerorss must be registered in the System for Award Management (SAM) database. To register, the SAM internet address is: http://www.sam.gov. Offerors must also be certified as a small business under NAICS Code 722310, Food Service Contractors within the SAM database (FAR 52.212-3).

5. All proposals shall include: Company Name, Address, Cage Code and DUNS Number, Taxpayer I.D.

Number, Point of Contact, Email Address and Phone/Fax Numbers.

6. Offerors shall acknowledge (sign) all amendments (if applicable) and include in proposal package.

B. Pre-Proposal Conference and Site Visit

A Pre-Proposal Conference/site visit is scheduled at 11:00 am local time on 28 April 2021. NO OTHER SITE VISITS WILL BE SCHEDULED AFTER THIS DATE. Offerors will be required to email the Contract Specialist, Nakiea Butler at nakiea.b.butler@usace.army.mil with the names of the persons who will be attending the site visit no later than noon, 26 April 2021. Failure to attend this site visit may not be used as an excuse for omissions or miscalculations in proposals. Please be prepared to take any measurements and pictures at the initial site visit. Should Offerors have additional questions after completing the site visit then any additional questions must be submitted timely and in writing to the Contract Specialist.

Responses to questions will be provided via an amendment to the solicitation and posted on bet.SAM.gov.

C. Proposal Form, Format and Content

Proposals shall be on standard 8-½ X 11” sheets, single or double spaced, utilizing no less than a size 12 font.

Margins are one inch (head and foot of page) and one inch on the sides of the pages. Graphs and charts may be smaller in font size as long as they are legible. Proposals are limited to a maximum of 25 pages.

1. Technical Capability. Proposals shall provide documentation to support the following elements that are included in this factor: Experience, Staffing, Sanitation, Menu Cycles/Variety, and Financial Information (see Addendum 52.212-2).

2. Past Performance. Proposal shall provide documentation to support the following elements that are included in this factor: Past Performance and Sanitation (see Addendum 52.212-2).

a. Past Performance. Offerors shall submit a listing of references for current and/or recent (within the past 3 years) commercial and/or government contracts citing the contract number, name and phone number of the contact, type of contract, period of performance, and a brief description of services provided that are similar to the type of work as described in this solicitation. In the case of an Offeror without a record of relevant past performance or for whom information or past performance is not available; the Offeror will be assessed an acceptable rating.

Offerors shall submit the Past Performance Questionnaire (located as Addendum 52.212-3 to this http://www.sam.gov/ mailto:nakiea.b.butler@usace.army.mil solicitation) to references of same or similar services type services as required in this solicitation. Offerors shall instruct their references to send past performance questionnaire responses either by mail directly to:

U.S. Army Corps of Engineers Attn: Nakiea Butler (CEMVN-CT-W, Room 172) 7400 Leake Avenue New Orleans, LA 70118-3651 or via email to: nakiea.b.butler@usace.army.mil and should be received by the Contracting Office no later than the date and time stated on the SF 1449 for receipt of proposals.

If an Offeror does not have any past performance information to submit as the entity under which the proposal is being submitted, then the Offeror may submit past performance data for similar work under which the Offeror’s key personnel have worked. If the Offeror claims that there is no past performance, then that status must be identified in their proposal.

b. Sanitation. Identify any current and/or past health (federal, state, and/or local) inspections, violations/enforcement actions and how they were adequately and timely resolved with the proper authorities.

Describe procedures to maintain the facility in accordance with sanitation codes. Clearly illustrate how the Offeror will insure that all its employees meet all health requirements. Describe current standards and practices at Offeror’s facilities to include cleaning and maintenance procedures to assure a healthful and sanitary environment at this facility and the method of compliance with quality and inspection checks as provided in the statement of work. Provide any credentials including federal, state, and local permits/licenses currently available.

3. Price.

Menu Prices/Portion Sizes. Menus should provide a complete itemized price and portion breakdown to include standard units of measurements for each item. Pricing should be reasonable and comparable to the quality and portion being offered. Prices given shall reference a specific unit of measurement such as ounce, cup, slice, etc; as well as the sales price per portion. The prices in your proposed menu will be evaluated for reasonableness only. The proposed prices in the table located in Addendum 52.212-2 will be utilized by the USACE to determine the total evaluated price for this competition.

ADDENDUM 52.212-3

PAST PERFORMANCE QUESTIONNAIRE

PART 1: INSTRUCTIONS. The company who has provided your name is participating in a Request for Proposal (RFP) for Concessionaire Services for Food & Beverage Operations at the U.S. Army, Corps of Engineers, New Orleans District. We would greatly appreciate you taking the time to complete this form. Please provide an honest assessment and immediately return to the following address or email to the Contract Specialist shown below NOT LATER THAN 2:00 PM, 30 April 2021.

This completed form is to be provided directly to the address below:

US Army Corps of Engineers ATTN: Nakiea Butler (CEMVN-CT-W, Room 172) 7400 Leake Ave.

New Orleans, LA. 70118-3651

Phone: 504-862-1772 Email: nakiea.b.butler@usace.army.mil

PART 2: GENERAL INFORMATION

1. Past Performance Information is Being Requested on: (Note – Offeror shall fill out before forwarding)

Name: ___________________________________________________________ Address: ____________________________________________________________ Phone Nos: ____________________________________________________________

2. Reference: (Company Who Received Services)

Name: ___________________________________________________________ Address: ____________________________________________________________ Title: ____________________________________________________________ Phone Nos: ____________________________________________________________

3. Contract No(s): _____________________________________________________

4. Type of Contract(s): ____________________________________________________

5. Contract Value(s) (Basic and Options): ________________________________________

6. Period of Performance: ____________________________________________________

7. A Brief Description of YOUR Contract Requirements:

PART 3: PERFORMANCE RATINGS (To be filled out by the Reference Identified in Item 2 Above):

PERFORMANCE RATING. Please summarize performance in each of the rating factors. Determine the rating that most nearly represents your experience with this company and indicate your assessment by placing the appropriate rating in the space provided. Please include descriptive comments to supplement ratings provided.

Ratings are defined below and should be used as a reference in assessing performance.

Rating “E” for Exceptional – Contractor’s performance clearly exceeded all contractual requirements.

Rating “G” for Good – Contractor’s performance exceeded some contractual requirements while meeting other contractual requirements.

Rating “S” for Satisfactory – Contractor’s performance met all contractual requirements, but did not exceed any contractual requirements.

Rating “M” for Marginal – Contractor’s performance met some of the contractual requirements but did not meet other contractual requirements.

Rating “U” for Unsatisfactory – Contractor’s performance did not meet any contractual requirements.

Rating "N/A" for Not Applicable – Contractor was not required to perform in this area.

Utilizing the above rating criteria, please answer the following questions regarding this offeror:

1. How would you rate the offeror’s capability, efficiency and effectiveness in the food services provided to your organization?

Excellent Good Satisfactory Marginal Unsatisfactory

REMARKS: ___________________________________________________________

2. How well did the offeror’s performance conform to the terms and conditions of the contract?

3. How well did offeror cooperate during performance?

4. How well was the offeror committed to customer satisfaction?

5. Was the offeror’s performance devoid of wage and hour issues, complaints, and/or investigations?

6. Were there any health inspection violations/enforcement actions? If so, were they resolved timely with the proper authorities?

ADDITIONAL REMARKS:

THANK YOU IN ADVANCE FOR YOUR ASSISTANCE.

SPECIFICATIONS

CONTRACTOR/CONCESSIONAIRE CONTRACT FOR

FOOD & BEVERAGE OPERATIONS AT THE

U.S. ARMY CORPS OF ENGINEERS, NEW ORLEANS

DISTRICT DESCRIPTION/SPECIFICATIONS

1. STATEMENT OF WORK (SOW): The Contractor/Concessionaire shall establish and operate a food service facility as described herein for the purpose of providing food, nonalcoholic beverages, and such other items as may be authorized by the U.S. Army Corps of Engineers (USACE or Government) through its Contracting Officer (CO) in accordance with the terms and conditions of this Concessionaire Contract for Food & Beverage Operations (Contract). The Contractor/Concessionaire shall provide all management, supervision, labor, materials, supplies and equipment (except as otherwise provided in the SOW); and, shall plan, schedule, coordinate and assure effective performance of all services described herein. THIS IS A NO COST CONTRACT. THE

CONTRACTOR/CONCESSIONAIRE SHALL PAY TO THE GOVERNMENT ONE

(1) PERCENT (1%) OF THE CONTRACTOR/CONCESSIONAIRE’S GROSS

INCOME EACH MONTH AS DESCRIBED IN PARAGRAPH 2C BELOW,

PAYMENT TO THE GOVERNMENT.

2. TERMS OF CONTRACT:

a. Contract Period: This Contract shall be for a period of 12 months from the effective date of this Contract unless sooner terminated in accordance with the terms of the Contract. The Contract may be extended for additional periods (when in the best interest of the Government, price and other factors considered). The extensions may not exceed four (4) 12-month extensions. In no event will the period of performance exceed five (5) years.

b. Changeover of Operations: The Contractor/Concessionaire agrees to cooperate in minimizing the disruption of service during any changeover of operations. The Contractor/Concessionaire, if not the successful bidder for a future contract for services specified herein, agrees to cooperate with the incoming contractor/concessionaire.

c. Payment to the Government: In lieu of the Contractor/Concessionaire paying the U.S. Army Corps of Engineers (USACE), the Contractor/Concessionaire shall provide USACE an statement of its monthly gross receipts and make a book entry to the Contractor/Concessionaire’s balance sheet indicating a one percent (1%) set-aside reserve each month of the gross income (reserve account) which shall be used, with the approval of USACE, for the repair and replacement of the Government-owned equipment and its component parts and the purchase of new equipment. Upon the expiration or termination of the contract, any reserve account balance must be deposited into the United States Treasury as miscellaneous receipts. The check shall be made payable to FAO-B2/US Treasury. Such amounts shall be a general obligation of the Contractor/Concessionaire for the above purpose on a monthly basis. The Contract further provides that all equipment acquired under the reserve fund provision shall become the property of the Government.

3. FACILITY DESCRIPTION: Concessionaire services are provided to authorized patrons located at U.S. Army Corps of Engineers, New Orleans District Headquarters Building (NOD), 7400 Leake Ave, New Orleans, LA 70016. The assigned space is a cafeteria area comprised of approximately 4,429 square feet of space on the second floor of the New Orleans District Headquarters Building. The physical facilities made available to the Contractor/Concessionaire under this Contract shall only be used for the purpose of concessionaire services to the COE.

The current configuration of the facil i t ies shall not be changed. The number of employees located at this facility is approximately 900, but the current capacity is 25%, due to COVID 19. The COE does not give this figure as a total to be fed at any one meal or collectively during daily operation, but as notice of a potential customer base only. The Government shall not be held responsible for any variation from this employee population figure since the extent of occupancy is not guaranteed.

4. SERVICE SCHEDULE:

a. Hours of Service: Cafeteria services will be provided five (5) days per week, Monday through Friday (except Federal holidays), Suggested hours:

Cafeteria Hours 6:30 A.M. to 2:00 P.M.

Breakfast 6:45 A.M. to 10:00 A.M.

Lunch 11:00 A.M. to 1:00 P.M.

Hot Lunches 11:00 A.M. to 1:00 P.M.

Hot Sandwiches 11:00 A.M. to 1:00 P.M.

Cold Sandwiches 11:00 A.M. to 1:00 P.M.

NOTE: Coffee, cold beverages, snacks, etc. provided until 1:00 p.m.

b. Modification of Service Schedule: Request for early closing, because of seasonal holidays, liberal leave policy, etc. will be submitted in writing to the Contracting Officer Representative (COR) at least 24 business hours in advance.

5. VENDING MACHINE SERVICES: Vending machine services at this facility are provided by the Randolph Sheppard Operator. The cafeteria shall not sell duplicate items being sold in vending machines operated by the State Licensing Agency (SLA).

6. SAMPLE MENU: (Suggestions only)

a. Breakfast: Coffee, suggest hot/cold breakfast options

b. Lunch: Suggest hot and/or cold lunch options, grab and go, etc.

c. Miscellaneous Items: Suggest snacks, desserts, extras, etc.

Please offer your proposed menu suggestions to best utilize the cafeteria facility.

7. CONTRACTOR/CONCESSONAIRE RESPONSIBILITES: The Contractor/Concessionaire shall provide prompt, efficient, and courteous service and avoid undue interference with the operation of the building in which services are provided. Contractor/Concessionaire shall obtain licenses and permits as required by State and local authorities; and, shall observe all applicable building, health, sanitary, and other regulations and laws. Contractor/Concessionaire shall use reasonable care in the use of the space and the Government owned equipment; and, upon contract termination yield such space and equipment in as good of a condition as when received, except for ordinary wear and tear, and damage or destruction beyond its control and not due to Contractor/Concessionaires’ negligence, omission or misconduct.

Contractor/Concessionaire also shall provide all required equipment and utensils which are not provided by USACE.

a. Menus:

1) It shall be the responsibility of the Contractor/Concessionaire to provide a variety of quality prepared foods. The variety, quality, and appearance shall be consistent with the highest approved food service industry standards, and the health standards established by the Army Regulations (AR). The Contractor/Concessionaire shall meet business and industry standards of quality and nutrition, and comply with and support the 1990 and all-subsequent revisions of the U. S. Dietary Guidelines (i.e., offer foods low in total fat, saturated fat, cholesterol, sodium, sugar; such as lean meats, low-fat dairy products, vegetables, fruits, and grain products). The Contractor/Concessionaire shall use only vegetable oils low in saturated fats and in minimal amounts in their recipes; and in deep frying, pan frying, grill frying and baking. The variety and appearance of food in the cafeteria on each operating day shall be consistent with approved food service industry standards for comparable "business and industry" cafeterias. Contractor/Concessionaire shall meet regularly with the designated COR representative to discuss mutual objectives.

2) The menu pricing and portion size as submitted by the Contractor/Concessionaire as part of its proposal, and accepted as part of this Contract by the Contracting Officer, shall be binding upon the Contractor/Concessionaire throughout the Contract period.

Any requested change in menu pricing or portion size shall be submitted in writing to the Contracting Officer for approval prior to implementation.

3) During each serving period, easy-to-read menus with individual item prices listed shall be prominently displayed near the serving lines. Two cashiers must be available to provide timely service during all peak periods.

4) Contractor/Concessionaire shall settle disputes or claims by patrons with the patron. If a patron is not satisfied with the product they have purchased or the service provided, the patron will be given a full refund. Claims that cannot be amicably settled between the patron and the Contractor/Concessionaire will be referred to the COR. The COR will investigate and seek a decision from the Contracting Officer for settlement.

Such settlement shall be binding upon the Contractor/Concessionaire.

b. Cleaning and Janitorial Service: The Contractor/Concessionaire agrees to furnish all labor, supplies, materials, equipment, and supervision sufficient to maintain the cafeteria concession areas in a clean, orderly, and sanitary condition at all times. The below listed standards for cleaning the cafeteria include the following areas:

1) Kitchen - Scullery, serving areas and storerooms, and all refrigerated containers.

2) Floors - Ceramic tile, asphalt tile and cement floors will be swept and mopped, and waxed as appropriate to insure floors are kept free of all debris, grease and dirt at all times. The floor in the dining area portion is not the responsibility of the cafeteria Contractor/Concessionaire.

3) Walls - All walls throughout will be cleaned with detergents or cleaning agents of such strength as to eliminate grease, dirt and stains and to insure cleanliness at all times.

4) Woodwork (in other than dining area) - Will be cleaned using appropriate detergent or cleaning agents and kept free of dirt, grime, grease and stains at all times.

5) Kitchen equipment (includes but is not limited to stoves, vents, hoods, refrigerators, steam tables, coffee mess, furniture, etc.). All furniture and other items of equipment referred to in this paragraph are to be kept free of dirt, grease, grime, and stains at all times.

6) Failure to keep any of the facilities in a clean condition satisfactory to current regulations and guidelines may result in the termination of this Contract.

7) The minimum requirements, Army Regulation, local laws, codes, or regulations, requiring highest standards shall be followed. All requirements of the Health, Education, and Welfare Food Service Sanitation Manuals, Nos. 78-2091 78-2081, and the sanitary code of the State of Louisiana must be complied with along with the provisions of the Army Regulation listed. A copy of all applicable Army Regulations is available at NOD, whereas, other Federal Manuals are available free of charge from the nearest Regional Office of the Food and Drug Administration. State and local manuals are available through their respective health offices. The Contractor/Concessionaire must adhere to all of the details included in TB MED 530, Criteria for Cafeteria Inspections, and EM 385-1- 1, Safety and Health Requirements Manual, Bureau Medicine P5010, Chapter 1 and United States Public Health Service sanitation recommendations

8) Patrons shall be requested to remove trays, dishes and utensils from tables to the disposal area in the dining area. The Contractor/Concessionaire will provide busing service to remove any remaining soiled dishes and assure that table and chairs are cleaned before each patron is seated. Disposal shall also be provided for individual carryout service for beverage.

c. Personnel: The Contractor/Concessionaire shall employ sufficient personnel to maintain sanitary conditions and satisfactory service which will ensure prompt and efficient service at all times. All employees shall be sober, conscientious, neat, and courteous.

The Contractor/Concessionaire must at all times provide an adequate staff of food service employees to perform the varied and essential duties inherent to a successful food service operation.

1) The Contractor/Concessionaire is required to provide a professional, full-time, qualified food service person to act as manager of the facility. At a minimum, the manager shall have had two years consecutive experience in a position of comparable responsibility. The Concessionaire’s manager will be delegated the authority, and shall be able to effectively manage the day-to-day operation of the cafeteria relative to supervision of personnel and training, menu planning, purchasing, cost control, sanitation, etc. The manager must be onsite at all times that the cafeteria is open, for the duration of this Contract. The Contractor/Concessionaire’s employees shall wear a distinctive item of clothing such as a badge, cap, armband, blouse, or uniform as a means of identification during the time they are in the NOD building.

2) All employees assigned by the Contractor/Concessionaire to perform work under the Contract shall be physically able to do their assigned work and shall be free from communicable diseases. Each individual prior to commencing work shall have a physical examination, relative to their position, without cost to USACE. A physician’s health certificate generated by this examination, giving the results and acceptability shall be furnished to the Contracting Officer prior to employment under this Contract. All new employees hired to perform services under the Contract shall have this health certificate on file with the Contracting Officer prior to starting work. An annual certificate will be obtained for each continuing employee without cost to USACE.

3) All Contractor/Concessionaire’s personnel will be required to furnish a local law enforcement agency records check, at no cost to USACE, and provide to USACE’s Security Officer prior to commencing any work in relationship to this Contract. In addition, local agency checks shall be conducted every six (6) months.

4) Each food handler shall be required to pass a medical examination prior to commencing employment to determine that he/she has no communicable disease, and shall be reexamined should the Contracting Officer direct. Those found or suspected to be suffering from a communicable disease shall be removed from duty immediately. All medical examinations shall be without expense to USACE.

5) The Contractor/Concessionaire’s employees shall wear an appropriate uniform, including hairnets and/or food handler hats and personal identification tags, during all times they are performing their duties in the building.

6) Each employee of the Contractor/Concessionaire shall be a citizen of the United States of America or an alien nation who has been lawfully admitted for permanent residence as evidenced by the Alien Registration Receipt Card Form I- 151, or who presents other evidence from the Immigration and Naturalization Service that employment will not affect his/her immigration status.

7) The Contractor/Concessionaire shall require its employees to comply with all applicable USACE NOD Regulations specifically those pertaining to conduct, safety, and security. The Contractor/Concessionaire shall require the employees to comply with such instructions pertaining to conduct and building regulations as are in effect for the control of persons in the building, or as may be issued for that purpose by USACE representatives.

8) The Contracting Officer may require the Contractor/Concessionaire to dismiss a Contractor/Concessionaire employee from work that the Contractor Officer deems incompetent, careless, insubordinate, unsuitable or otherwise objectionable, or whose continued employment the Contracting Officer deems contrary to the public interest or inconsistent with the best interests of national security. This may be done without providing the Contractor/Concessionaire reason for the dismissal.

9) Identification Cards for Concessionaire’s Employees: In accordance with Department of Defense (DOD) identification card (ID) procedures, all personnel of the Contractor/Concessionaire and subcontractors providing services under this Contract must wear a picture ID including their name and the name of the prime contractor. Any changes in temporarily or permanently assigned personnel, the Contractor/Concessionaire must report changes and receive approval by the Contracting Officer. It is the Contractor/Concessionaire’s responsibility to ensure their personnel obtains a Facility Access Badge at the Contractor/Concessionaire’s expense at the USACE-NOD Security Office. Contractor/Concessionaire must provide a local background check to the COR or to the USACE-NOD Security Office if no COR is assigned prior to issuance of Access Badge.

d. Equipment:

1) Liability. USACE will not be responsible in any way for damage or loss occasioned by fire, theft, accident, or otherwise, to the Contractor/Concessionaire’s stored supplies, materials, or equipment, or its employees’ personal belongings. It is the Contractor/Concessionaire’s responsibility to obtain insurance for all property and merchandise used by the Contractor/Concessionaire.

2) The Contractor/Concessionaire shall provide all necessary cafeteria equipment and utensils of the general character listed below and shall replace such equipment and utensils necessary because of loss, depreciation, or obsolescence.

3) Disposable plates and eating utensils, trash containers including roll type for transporting collected trash to outside trash receptacles, trash receptacles and cans, all types extractor, juice, platforms, skid or storage, scales, & sharpeners.

4) Cash registers used shall be of the type that will provide a receipt to the patron. Any internet access required shall be provided by the Contractor/Concessionaire.

5) Coffee urns and cold drink machines shall be provided by the Contractor/Concessionaire; as well as, any other equipment the Contractor/Concessionaire deems necessary for its operations.

6) Trash shall not be collected in cardboard or other combustible containers. Steel trash containers with plastic liners are acceptable. All items provided by the Contractor/Concessionaire shall be of good quality, suitable for the purpose of its intended use, and consistent with the quality of the various items provided by USACE.

All equipment furnished by the Contractor/Concessionaire shall be subject to the approval of USACE.

e. Contractor/Concessionaire Performed Maintenance and Repairs.

1) The Contractor/Concessionaire shall maintain in a satisfactory condition, all equipment and utensils used under the Contract, regardless of whether provided by USACE or by the Contractor/Concessionaire, except as noted below. The Contractor/Concessionaire shall be responsible for the repair cost (material, parts, and labor) of each Government-owned equipment item not to exceed $500.00 per repair in the base year and $1,000.00 per repair in each option years of this Contract. Exceptions to this provision are listed in paragraph 2) below.

2) The following equipment will be maintained by the Government at Government expense because the equipment can be and is used by USACE’s employees other than patrons of the Contractor/Concessionaire: (1) Large ice machine in scullery; (2) Two

(2) ice dispensing machines located on north and south sides of the serving area; & (3) Microwave ovens located in north dining area.

3) All maintenance and repairs performed on behalf of Contractor/Concessionaire must be done by qualified, licensed, bonded and insured maintenance personnel and must be approved by the COR.

4) The Contractor/Concessionaire shall report any potential repairs regardless of cost, to the COR before repairs are done. The COR must authorize the maintenance and repair of all equipment prior to the work being done.

5) After the first $500 or $1,000 per repair has been expended at the Contractor/Concessionaire’s cost, the funds available in the Contractor/Concessionaire’s reserve account may be used with the advance approval of the COE. (See reserve account described in paragraph 2(c)). In the event there are insufficient funds in the Contractor/Concessionaire’s reserve account, other government funds may be used to repair or replace the equipment at the Contracting Officer’s discretion and in accordance with appropriation/authorization laws.

6) The Contractor/Concessionaire is required to perform a preventive maintenance program on all Government-owned equipment. In the event the Contractor/Concessionaire does not have a maintenance department or qualified maintenance personnel, the Contractor/Concessionaire is required to contract with a qualified equipment maintenance source with the approval of the COR.

7) The preventive maintenance will be in accordance with the manufacturer's suggested maintenance guide. Within 30 days after award of this Contract the Contractor/Concessionaire shall submit to the COR an annual preventive maintenance schedule. The COR shall review and approve the maintenance schedule.

8) The Contractor/Concessionaire will forward to the COR, within 30 days after each month, the preventive maintenance work that was actually performed and the dates that each job was accomplished.

9) To facilitate the maintenance of sanitary conditions throughout the buildings served, the Contractor/Concessionaire shall, if so requested by the Contracting Officer, sell take-out beverages and foods in disposable containers with disposable tops or covers.

8. GOVERNMENT FURNISHED/RESPONSIBILIES:

a. Permit to Operate Facility. USACE agrees to grant to the Contractor/Concessionaire for the stipulated period, subject to the Contract requirements and conditions therein, the right to establish, manage, and operate a cafeteria in the Government-owned building as described above, and in connection therewith to prepare and sell food, non-alcoholic beverages, and such other products as USACE may authorize. At the commencement of the Contract period, USACE will provide space for operations under the Contract, as it may deem necessary or desirable. It will provide adequate ingress and egress, including a reasonable use of existing elevators, corridors, passageways, driveways and loading platforms. It will, as it deems advisable, provide space heating, space lighting, ventilation, and utilities. In addition, it will:

1) Make such improvement 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 health and sanitary requirements.

2) Maintain and repair the building structure in areas assigned for the Contractor/Concessionaire's use, including painting and redecoration, the maintenance of gas, water, steam, sewer and electrical lines, ventilation, and existing air conditioning lines (if any), all to the point of connection with food service equipment or to the point of outlet in concession areas, if not so connected; electrical lighting fixtures (including relamping); space heating systems; floors and floor coverings, and walls and ceilings:

Provided, that the Contractor/Concessionaire shall bear the expenses of repairs necessary because of its own or its employees' negligence, omission or misconduct.

3) The assignment of space is revocable and is not a tenancy. In the event the space is destroyed, either in whole or in part, so as to significantly hinder or prevent normal operations by the Contractor/Concessionaire, by an act of God, such as, but not limited to, fire, flood, hurricane, unusually severe weather conditions, or as a result of any other unusual occurrence not caused by USACE negligence, USACE will not be obligated to repair or restore the premises in order to continue this Contract, nor will USACE be responsible for loss profits, damage to the Contractor/Concessionaire’s property or any consequential costs incurred. Under these circumstances and at USACE’s election, the contract may be terminated for convenience.

b. Government-Owned Equipment. USACE will furnish for use of the

Contractor/Concessionaire all of the equipment of the general character listed as below:

1. Broilers

2. Boosters, hot water

3. Cabinets, fixed

4. Cold food holding equipment

5. Condiment stands

6. Counters, including ice pans

7. Cupboards

8. Dining room tables and chairs

9. Display shelves, steam tables

10. Food processor, motor driven

11. Fountains, water

12. Freezers, all types

13. Hoods

14. Hot food holding equipment

15. Ice-making equipment

16. Mixers, food, motor-driven

17. Ovens, all types

18. Rails, guide or tray

19. Ranges

20. Safe

21. Shelves

22. Sinks and lavatories

23. Slicers

24. Tables, cook's baker's dish, kit

25. Toasters, all types

26. Traps, Grease

27. Trucks, Dish & Hand

28. Utensil Stands

29. Waste Disposal Area

30. And all other food service equipment that is constructed as part of the building and affixed to the structure

31. Fire extinguishers

1) The Contractor/Concessionaire shall sign a hand receipt showing quantity and condition of all equipment and the cafeteria itself prior to commencement of food service operations.

2) USACE shall have the right to send its representatives into areas assigned for the Contractor/Concessionaire’s use, at any time, for inspections or other purposes approved by the Contracting Officer. The right is reserved to use the dining areas and other public spaces for meetings of USACE employees or other assemblies, provided that after each such use the space will be cleaned and rearranged without expense to the Contractor/Concessionaire.

3) Since the facilities to be provided hereunder are for the benefit and convenience of USACE’s employees, patronage from other sources which will interfere with such purposes may be regulated or prohibited by USACE.

9. GENERAL INFORMATION:

1. Restrictions. Unless otherwise permitted by the Contracting Officer, the Contractor/Concessionaire shall not install and/or operate any automatic vending equipment, remove any Government owned equipment from the premises, advertise the contract operations in any manner, make sales on other than a cash or credit card basis, or prepare foods and beverages on the premises for sale at any location not covered by the Contract.

2. Concessionaire Proposed Changes. The Contractor/Concessionaire shall request permission in writing from the Contracting Officer, any proposed changes in the hours of operation, menu, pricing, or portion sizes.

3. Lost and Found: All articles found by the Contractor/Concessionaire, the Contractor/Concessionaire’s agents or employees, or by patrons and given to the

Contractor/Concessionaire shall be turned in to the Building Manager's office as lost and found items.

4. Security Areas: The Contractor/Concessionaire shall be responsible for the security of all areas under its management. Designated employees shall have the responsibility for determining that all equipment has been turned off, that all lights and fans have been turned off, and all doors secured at closing.

10. FIRE AND EVACUATION PROCEDURES- REF. DR-385-1-13 (Fire Protection)

a. In case of fire, the person discovering the fire will immediately telephone the alarm to the NOD telephone attendant, giving the location of the fire. Dial "O" to reach the attendant.

b. Sufficient numbers of employees will be assigned to act as fire extinguisher teams.

In no case shall this number be less than two (2). Alternates will be appointed to act in their absence.

c. An evacuation team will be established to assure that all cafeteria personnel and all persons in the dining area, (except those appointed specific fire fighting duties), evacuate the area in the event of an emergency or drill.

d. The fire protection inspector in the proper selection/use of extinguishers and evacuation procedures will train all personnel.

e. Notify the Safety Office/Fire Marshal in writing of any fire immediately after it occurs. Fire prevention/protection personnel will conduct an investigation of all fires.

f. EM 385-1-l-, 02.J (Food Service) shall become part of this contract.

g. Any personal injury or physical damage to the building or equipment resulting from fire or other causes must be reported to the USACE-NOD Safety Office, damage to the building or equipment shall be reported to the USACE-NOD Maintenance Control Office.

11. QUALITY AND INSPECTIONS:

a. Quality

1) The Contractor/Concessionaire shall serve tasty, appetizing, and quality food, under clean and sanitary conditions in accordance with the provisions and recommendations contained in the Food Service Sanitation Manual, Public Health Service Publication No. FDA 78-2081. USDA Commercial Graded beef or USDA Good Graded lamb may be used for pot roasts and stews.

2) Otherwise, only first quality foods, such as Grade AA eggs, Grade A poultry, U. S.

Choice Grades of beef, U.S. No. I Grade pork, Grade A or fancy fresh or frozen vegetables and fruits, and Grade A or B canned goods shall be used. Hamburgers are to be made with 100% lean Ground Beef with no more than 30% fat content.

3) At no time is marked-down or reduced price meat to be used, and all meat must be prepared and served before the marked due date. ALL excess fat on ALL meats will be trimmed and removed prior to cooking.

4) All foods served shall be wholesome and free from spoilage, free from adulteration, and misbranding, and safe for human consumption.

5) Uncooked items, such as fresh fruits, shall be clean and free from blemish. All foods shall, when served, be attractive in appearance and correct in temperature and consistency. They shall be crisp, moist, dry, tender, etc., as may be appropriate in each case.

6) All precooked or stored foods shall be properly labeled.

7) The Contractor/Concessionaire is responsible to keep all food items properly stored to prevent insect and rodent infestation.

b. Inspections

1) The Contracting Officer’s Representative (COR) is designated by the CO. The responsibilities of the COR include, but are not limited to; determining the adequacy of performance by the Contractor/Concessionaire in accordance with the terms and conditions of this Contract; acting as the Government’s representative in charge of work at the site; ensuring compliance with contract requirements insofar as the work is concerned; and advising the CO of any factors which may cause delay in performance of the work. The COR will be named at the time of award.

2) The COR is responsible for the day-to-day inspection and monitoring of the Contractor/Concessionaire’s work. The responsibilities of the COR inspector include, but are not limited to; inspecting the work to ensure compliance with the Contract requirements; documenting, through written inspection reports the results of all inspections conducted; following through to assure that all defects or omissions are corrected in a timely manner; conferring with representatives of the Contract/Concessionaire regarding any problems encountered in the performance of the work.

3) Facilities operated under this Contract will be inspected periodically by representatives of USACE and, when circumstances warrant, by representatives of local health departments. After each inspection the Contractor/Concessionaire will be advised of unsatisfactory conditions for which it is responsible. The Contractor/Concessionaire shall correct the deficiencies thus reported in a timely period specified by such inspections or provide a written justification for an extension of not more than one (1) full day.

4) The Contractor/Concessionaire will be subject to a periodic, unannounced audit of the food service facilities by the COR. The audit shall specifically include a comprehensive review of:

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

b. Food quality, presentation, merchandising

c. Sanitary practices and conditions

d. Personnel appearance.

e. Training program techniques, schedules and records

f. Safety conditions

g. Menu compliance, as indicated in the minimum acceptable menu profile

h. Portion sizes submitted in the business plan.

i. Cash Register tapes and sales records.

5) Access to Offsite Storage Facilities. The Contractor/Concessionaire shall make available, for sanitary inspections, all offsite storage facilities associated with this Contract. Those facilities shall be accessible during normal operating hours. All inspections of these areas shall be in accordance with applicable regulation and guidance.

6) Examination of Records.

a. The Contractor/Concessionaire shall keep a complete and accurate account of receipts and disbursements, which shall be subject to inspection and audit at any time by the Contracting Officer or duly authorized representative, who shall have the right to require the maintenance of such additional records as the Contracting Officer may deem necessary to adequately reflect the financial operations. A certified copy of the receipts and disbursements is to be furnished by the Contractor/Concessionaire at the end of each calendar year or fiscal year if Contractor/Concessionaire is operating on other than calendar year.

b. The Contractor/Concessionaire shall maintain records of monthly gross receipts.

These records will be subject to review and inspection by the COR to verify the correct dollar amount has been set aside for the Contractor/Concessionaire’s reserve account each month.

12. INSURANCE:

a. Contractor/Concessionaire shall procure and maintain at its expense during the term of this Contract, and any extension thereof, such minimum insurance as herein stipulated. Insurance shall be written by companies acceptable to, and policies shall include such terms and provisions as may be required by USACE. Concessionaire shall provide and furnish evidence of the following insurance prior to the start of this Contract.

USACE shall be listed as “Certificate Holder – additional insured” on the

Contractor/Concessionaire’s “Certificate of Liability Insurance”. See Required Insurance Schedule in solicitation.

b. Employer and General Liability Insurance: To include food product coverage, covering all duties, services, and work to be performed under this Contract. The Contractor/Concessionaire shall furnish evidence of Employer Liability insurance in an amount of not less than $100,000.00. General Liability insurance coverage written on the comprehensive form of policy in the amount of $500,000.00 per occurrence for bodily injury, $50,000.00 per occurrence for property damage. Automobile insurance required with a minimum limit of $200,000.00 per person and $500,000.00 per occurrence for bodily injury and $20,000.00 per accident for property damage. This insurance shall cover the operation of all automobiles used in the performance of this Contract.