GSA, PBS, 450 Golden Gate Avenue, San Francisco, CA 94102-3434

73 -- BRANDED FOOD COURT/CAFETERIA SERVICES SOL GS-09P-97-KSC-0047 DUE 062397 POC Jeffrey T. Fines, (415) 522-3383. DESCRIPTION REQUIREMENTS -- This is a combined synopsis/solicitation for commercial items prepared in accordance with the Federal Acquisition Regulation (FAR) format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. SCOPE OF WORK -- The contractor shall provide all labor, materials, equipment and supervision (except as otherwise provided) to provide a "branded food court" facility at the Internal Revenue Service Center located at 5045 E. Butler Avenue, Fresno, CA. "branded" is defined as consumer-recognized restaurant and food manufacturer brands. The contractor shall plan, schedule, coordinate, design, construct (subject to government approval and utilizing the most recent version of "AIA Master Specs") and assure facility effective performance of the "branded food court" facility to the IRS tenants. There shall be a minimum of four(4) different "branded" food selections available for each meal. Service shall be prompt, efficient and courteous and avoid undue interference with the operation of the building in which services are provided. FAR REQUIREMENT: FAR 52-212-1 is applicable, FAR 52-212-2 EVALUATION-COMMERCIAL ITEMS (OCT. 1995) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be the most advantageous to the Government. The following factors shall be used to evaluate offers, in descending order of importance: (i) Past Performance -- each offeror will be evaluated on his/her performance under existing and prior contracts for similar products or services. The Government will focus on information that demonstrates quality of performance relative to the size and complexity of the procurement under consideration. References other than those identified by the offeror may be contacted by the Government with the information received usedin the evaluation of the offer's past performance. (ii) Experience -- offerors shall submit a list of at least three SIMILAR contracts completed during the past three years (with at least one year of performance completed on each) and all contracts currently in process. Contracts listed may include those with the Federal Government, agencies of state and local Government's and commercial customers. For each contract provide contract numbers, points of contact with telephone numbers and any other relevant information. (iii) Financial consideration: A percentage of the net revenue payable monthly to the government, percentage to be included in contractors proposal. (IV) Types of branded foods. (V) Comparative cost of menu items/variety. Government intends to evaluate proposals and award a contract without discussions with offerors (except communications conducted for the purpose of minor clarification). Therefore each initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary (b) Options. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) 52.212-3 -- Contractor will include a completed copy of this provision. 52.212-4 -- Contract Terms and Conditions -- Commercial Items is applicable. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. As prescribed in 12.301(b)(4), insertthe following clause: CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (AUG 1996) (a) The Contractor agrees to comply with the following FAR clauses, which are incorporated in this contract by reference, to implement provisions of law or executive orders applicable to acquisitions of commercial items: (1) 52.222-3, Convict Labor (E.O. 11755); and (2) 52.233-3, Protest After Award (31 U.S.C 3553 and 40 U.S.C. 759). (b) The Contractor agrees to comply with the FAR clauses in this paragraph (b) which the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items or components: (Contracting Officer shall check as appropriate.) "X" (1) 52.203-6, Restrictions on Subcontractor Sales to the Government, with Alternate I (41) U.S.C. 253g and 10 U.S.C. 2402). "X" (2) 52.203-10, Price or Fee Adjustment for Illegal or Improper Activity (41 U.S.C. 423). "X" (3) 52.219-8, Utilization of Small Business Concerns and Small Disadvantaged Business Concerns (15 U.S.C. 637(d) (2) and (3)). _(4) 52.219-9, Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan (15 U.S.C. 637(d)(4)). _(5) 52.219-14, Limitation on Subcontracting (15 U.S.C. 637(a)(14)). "X" (6) 52.222-26, Equal Opportunity (E.O. 11246). "X" (7) 52.222-35, Affirmative Action for Special Disabled and Vietnam Era Veterans (38 U.S.C. 4212). "X" (8) 52.222-36, Affirmative Action for Handicapped Workers (29 U.S.C. 793). "X" (9) 52.222-37, Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C. 4212). _(10) 52.225-3, Buy American Act -- Supplies (41 U.S.C. 10). _(11) 52.225-9, Buy American Act -- Trade Agreements Act -- Balance of Payments Program (41 U.S.C. 10, 19 U.S.C. 2501-2582). _(12) [Reserved] (13) 52.225-18, European Union Sanction for End Products (E.O. 12849). (14) 52.225-19, European Union Sanction for Services (E.O. 12849). (15) 52.225-21, Buy American Act -- North American Free Trade Agreement Implementation Act -- Balance of Payments Program (41 U.S.C. 10, Pub. L. 103-187). (ii) Alternate I of 52.225-21. (16) 52.239-1, Privacy or Security Sageguards (5 U.S.C. 552a). (17) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 1241). (c) The Contractor agrees to comply with the FAR clauses in this paragraph (c), applicable to commercial services, which the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items or components: (Contracting Officer check as appropriate.) "X" (1) 52.222-41, Service Contract Act of 1965, As amended (41 U.S.C. 351, et seq.). "X" (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). "X" (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). _(4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). _(5) 52.222-47, SCA Minimum Wages and Fringe Benefits Applicable to Successor Contract Pursuant to Predecessor Contractor Collective Bargaining Agreement (CBA) (41 U.S.C. 351, et seq.). (d) COMPTROLLER GENERAL EXAMINATION OF RECORD. The Contractor agrees to comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain anY record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) or (d) of this clause, the Contractor is not required to include any FAR clause, other than those listed below (and as may be required by an addenda to this paragraph to establish the reasonableness of prices under Part 15), in a subcontract for commercial items or commercial components -- (1) 52.222-26, Equal Opportunity (E.O. 11246); (2) 52.222-35, Affirmative Action for Special Disabled and Vietnam Era Veterans (38 U.S.C. 2012(a)); (3) 52.222-36, Affirmative Action for Handicapped Workers (29 U.S.C. 793); and (4) 52.247-64, Preference for Privately-Owned U.S. -- Flagged Commercial Vessels (46 U.S.C. 1241)(flow down not required for subcontracts awarded beginning May 1, 1996). (End of clause) Pursuant to FAR 12.301(e)(2), the following FAR clauses are incorporated by reference (Checked as appropriate): "X" 52.217-8 Option to Extend Services. "X"52.217-9 Option to Extend the Term of the Contract. The solicitation number GS09P97KSC0047 is being issued as a Request for Proposals. All provisions and clauses are those in effect through Federal Acquisition Circular FAC-90-45, dated JANUARY 2, 1997 and General Services Administration Regulation Change 74, dated JANUARY 27, 1997. The SIC code for this solicitation is 5812. This procurement IS NOT SET ASIDE for Small Business. Proposals due on 06/30/97 Time 4:00 p.m. PST, at GSA, Property Management Division, Contracts Section (9PMFC), 450 Golden Gate Avenue, 4th Floor East, San Francisco, CA 94102-3434. POC: Mr. Jeffrey T. Fines, Telephone No. (415) 522-3383. Copies of attachments and further information can be obtained by FAX request (415) 522-3118, or by telephone request. The services will begin on AUGUST 1, 1997, for a period of five years, with 2 five year options. Wage determinations #95-0378, REV. 1 DATED 2/01/96, DATED 9/30/96 and Davis Bacon Wage Rates are applicable. A pre-proposal conference canbe arranged the IRS Fresno Service Center, 5045 E. Butler, by appointment only by calling Mr. Jeffrey T. Fines. (0168)

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