W912P825R0029 AM0002.pdf

W912P825R0029

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 solicitation is amended to hereby amended to:

1. Respond to questions.

2. Incorporate SOW.

3. Incorporate revised Wage Rates.

4. Extend the response date to 18 August 2025, 10:00 AM local time.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 32

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

16C. DATE SIGNED

BY 01-Aug-2025

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 W912P825R0029

X 9B. DATED (SEE ITEM 11)

11-Jul-2025

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 1 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

01-Aug-2025

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 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

Q&A AMD 0002

1. Would it be permissible to provide a sample platter for preliminary review prior to proposal submission?

No.

2. Could you clarify the expected frequency or schedule for the one percent payment?

Monthly.

3. Please provide details regarding vendor evaluation metrics following the award:

o Will performance reviews be conducted?

Yes.

o If so, what specific criteria are used?

Is performance measured by the number of individuals served?

No, the review will be based on the cleanliness of the area of responsibility and the customer service provided. Adherence to the 1% account.

Is revenue generation a factor in evaluation?

No.

4. Is submission of a financial statement mandatory?

o If required, what specific financial documents must be submitted?

o In the absence of a financial statement, would the business be disqualified?

o May subcontractors submit financial documentation to satisfy this requirement?

o Can the prime contractor and subcontractor submit joint financial documentation?

As stated in the solicitation, financial information must be provided for evaluation. Only the prime contractor’s information will be evaluated.

5. What forms of communication are permitted with potential customers before and after proposal submission?

Communication is only permitted with Contracting Office prior to award of contract.

o Who is responsible for disseminating this information?

o Are emails, flyers, and social media posts acceptable communication methods?

Subject to OC determination.

6. Will food truck services continue to operate after the cafeteria becomes fully functional?

The Government does not intend to continue regular use of food trucks upon operation of the cafeteria. The Government retains right to utilize vendors to supplement as needed.

7. Are vendors permitted to bring additional machines or equipment?

o If so, are there specific approvals or requirements that must be met in advance?

Yes. Contractor must receive approval from COR prior to bringing in additional equipment.

8. In the event of failure of government-owned equipment, what is the protocol for initiating repair or replacement?

Please refer to the SOW section titled “e. Contractor/Concessionaire Performed Maintenance and Repairs.”

o Is there an anticipated timeframe for completing repairs or replacements? This will be determined on a case-by-case basis.

9. What is the maximum seating capacity of the cafeteria?

Approximately 150

10. Could you provide a detailed breakdown of the vendor’s responsibilities regarding cafeteria cleaning?

o For example, is the contractor responsible for:

Cleaning dining areas (e.g., wiping tables, removing trash)?

Mopping floors?

Washing dishes?

Please refer to the SOW section titled “b. Cleaning and Janitorial Service.”

11. What are the standard dining hours?

o For instance, is 12:00–1:00 p.m. designated as the lunch period?

o Are there other regular meal times?

o Is there a preferred time for breakfast service?

o Is there a preferred start time for lunch service?

Recommendations are listed in SOW. Government will not direct Contractor when to provide service.

Beyond food quality and customer service, are there any additional performance concerns or expectations?

Cleanliness of the area of responsibility and the customer service provided. Adherence to the 1% account.

12. What challenges, if any, have been encountered with previous vendors?

Government will not provide this information.

13. What improvements would you like to see implemented with the next vendor?

Government will not provide this information.

14. Upon award, what is the anticipated target opening date for operations?

The base year period of performance is anticpated to begin 01 September 2025 through 31 August 2026. Food service to start Monday, 22 September 2025.

15. Is there flexibility within the current solicitation structure to accommodate specialized beverage services as a separate service line?

The Government will not provide additional accommodations for a separate service beyond the existing kitchen, service line, and vending machine area. Any required equipment beyond the SOW will be the responsibility of the contractor and provided at their own expense.

16. Would a coffee service provider need to partner with the primary food service contractor, or could separate contracts be considered?

A coffee service provider would need to partner with the primary food service contractor.

17. Are there existing policies or preferences regarding independent specialty beverage services at

USACE facilities?

No. The cafeteria contractor may choose to provide specialty beverage services at their own expense.

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 11-Aug-2025 10:00 AM to 18-Aug-2025 10:00 AM.

The following have been modified:

PERFORMANCE WORK STATEMENT

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 Contractor/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 RESERVE ACCOUNT

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

INCOME EACH MONTH AS DESCRIBED IN PARAGRAPH 2C BELOW,

PAYMENT TO THE RESERVE ACCOUNT.

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 and one (1) optional 6-month extension. In no event will the period of performance exceed five (5) years and six (6) months.

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 Reserve Account: In lieu of the Contractor/Concessionaire paying the U.S. Army Corps of Engineers (USACE) for use of its location and equipment, the

Contractor/Concessionaire shall provide USACE a 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. The Contractor shall provide the Contracting Officer’s Representative (COR) a gross receipt total for the month, the deposit into the 1% account, and running total of the 1% account no later than the 10th of the month for the prior month. 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 70118. 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 number of employees located at this facility is approximately 900. 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 a 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: Eggs, Donuts, Sweet Rolls, Danish, Ham/Bacon/Sausage, Fruit, Fruit Juice, Hot Cakes, Toast, Biscuits, Dry Cereal, Butter, Etc.

b. Lunch: (Suggested Menu)

1) Soup: Offering one selection daily in 7 oz. portions-varieties suggested as examples: Vegetable, Tomato, Chicken Noodle, Seafood chowder.

2) Entrees: Offered daily in average 6 oz. portions-suggested but not limited to:

Solid Meat

1) Steak, Chops & Cutlets

2) Roasts & Boils

3) Fish & Seafood

4) Chicken

b. Mixed Meat (Stews, Fricassee’s, etc.)

1) Chili w/crackers

2) Red and white beans, lima and black-eyed peas w/sausage and rice

3) Extended items (spaghetti & meat sauce)

4) Meatless items (macaroni & cheese, etc.)

5) Meat casseroles

3) Desserts: Baked goods - Offered daily, average portions 3 oz.- suggested but not limited to:

a. Pies (all varieties)

b. Cakes (all varieties)

c. Puddings (all flavors)

d. Bread pudding

4) Ice Cream: Flavor selections.

5) Sandwiches: Prepared on site to order (sliced and small and large Po-Boys) – suggestions only.

a. BBQ

b. Roast beef

c. Sliced turkey

d. Cheese

e. Ham

f. Tuna Salad & Chicken Salad

g. Mixed luncheon meats

h. Seafood

i. Hamburgers

6) Beverages: (Suggestions only)

a. Regular and Decaffeinated Coffee

b. Tea (Hot and Iced)

c. Chocolate Milk (hot & cold)

d. Cold Soft Drinks

e. Fruit Juices

f. Bottled Water

g. Milk

7) Miscellaneous Items: (Suggestions only)

a. Margarine

b. Syrup

c. Dinner Rolls

d. Cornbread

e. Muffins

f. Extra Crackers Jelly/Jams (mixture)

8) A La Carte Items and Salad Bar: (Suggestions only)

a. Cottage cheese and fruit

b. Cole slaw

c. Fruited gelatin

d. Tossed salad

e. Potato, macaroni, etc.

f. Chef Salad

g. Fruit cup

h. Cold meat plates

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 all 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.

The Contractor must provide warnings: Contractor/Concessionaire should provide allergen warnings to customers by including a list of allergens in the menu, providing ingredient lists, or using indicator symbols.

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 ensure 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 meet current regulations and guidelines may result in the termination of this Contract.

7) The minimum requirements, Army Regulations, 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, EM 385-1-1 (March 2024), 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 continuous busing service to remove any remaining soiled dishes and assure that table and chairs are cleaned before each patron is seated. Disposal containers shall also be provided for individual carryout service for food and beverages.

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 and point of sale systems required shall be provided by the

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.

Plastic and 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.

7) No grease or cooking oils shall be emptied into any drain. The contractor shall collect all spent grease and cooking oils and shall properly dispose of them off site.

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 year of this Contract, if exercised.

Exceptions to this provision are listed in paragraph 2) below.

2) The following equipment will be maintained by the Government at the Government’s 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 and repair 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 of Government owned equipment 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 Government-owned equipment at the Contracting Officer’s discretion and in accordance with appropriation/authorization laws. All cost associated with the replacement or repair of Contractor/Concessionaire’s owned equipment shall be the Contractor/Concessionaire’s responsibility.

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.

To facilitate the furtherance 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.

f. Emergency Services During the contract there may be occasions that require meal service to be provided for Government and contract employees sequestered on the facility during the emergency events. It is typical for the Government to offer the Contractor/Concessionaire holding the cafeteria contract the right of first refusal to supply these meals. This may also require the Contractor/Concessionaire to be sequestered on the facility with the Government and other contract employees during the event. It is typical to have between 40 and 90 people on the facility during an emergency event.

8. GOVERNMENT FURNISHED PROPERTY/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, by an act of God so as to significantly hinder or prevent normal operations by the Contractor/Concessionaire, 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. Boosters, hot water;

2. Cold food holding equipment;

3. Counters;

4. Dining room tables and chairs;

5. Display shelves, steam tables;

6. Freezers, all types;

7. Hoods;

8. Ice-making equipment;

9. Mixers, food, motor-driven;

10. Ovens, all types;

11. Ranges;

12. Shelves;

13. Sinks and lavatories;

14. Slicers;

15. Waste Disposal Area;

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

17. 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

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 firefighting 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-, Section 35-8-i (Food Service) (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 blemishes.

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 a calendar year basis.

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.

Unannounced food handling and sanitary inspections will be conducted by the Army Veterinary Corps to ensure compliance with established health and safety standards.

These inspections will take place no less than once per quarter and may occur at any time without prior notice. The results of each inspection will be formally provided to both the contractor and the U.S. Army Corps of Engineers for review and necessary action. Should deficiencies be identified, a follow-up inspection will be scheduled to verify corrective measures have been implemented and conditions meet required standards.

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.

Contractor/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. See Required Insurance Schedule in solicitation for further information.

The general liability policy shall name the U.S. Army Corps of Engineers as an additional insured with respect to operations performed under this Contract.

c. Worker’s Compensation Insurance:

1) The Contractor/Concessionaire shall comply with all applicable federal and state laws with regard to liability arising or resulting from injury to or death of its employees in performing the work under this Contract, shall save and hold USACE harmless in connection with any and all such claims arising during the term of the Contract, and shall carry worker's compensation insurance as required by the laws of the state in which the facility is located.

2) Worker's Compensation Insurance and Employer's and General Liability Insurance: Each policy shall include the following provisions. It is a condition of this policy that the Company shall furnish written notice to USACE, at the address of the issuing office, thirty (30) days in advance of the effective date of any reduction in or cancellation of this policy. Insurance shall be effective and evidence of acceptable insurance furnished submitted to USACE prior to commencing operations under this Contract. Contractor/Concessionaire shall furnish USACE, at the address of the issuing office, as evidence of required insurance, certified true copies of liability policies and manually countersigned endorsements of any changes thereof. Renewal policies shall be furnished not less than five days prior to the expiration of the current policies. All policies must be in force prior to the commencement of food service operations.

13. SECURITY : OPSEC

• 1. AT Level I Training. All Contractor/Concessionaire employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the Contractor/Concessionaire shall submit certificates of completion for each affected Contractor/Concessionaire employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html;

or it can be provided by the MVN ATO in presentation form which will be documented via memorandum.

• 2. Access and General Protection/Security Policy and Procedures. All

Contractor/Concessionaire employees and all associated sub-contractors’ employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The Contractor/Concessionaire shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. The Contractor/Concessionaire workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

• 2b. For contractors who do not require CAC, but require access to a DoD facility or installation: Contractor/Concessionaire and all associated sub-contractors’ employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area Commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance…