DA Form 5756 Concessionaire Contract-Short Term (Nonappropriated Funds)

DA Form 5756 - also known as the "Concessionaire Contract-short Term (nonappropriated Funds)" - is a Military form issued and used by the United States Department of the Army.

The form - often mistakenly referred to as the DD form 5756 - was last revised on December 1, 2004. Download an up-to-date fillable PDF version of the DA 5756 below or request a copy through the chain of command.

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CONCESSIONAIRE CONTRACT - SHORT TERM (Nonappropriated Funds)
For use of this form, see AR 215-4, the proponent agency is ACSIM
CONTRACT NUMBER
1
This contract is hereby made and entered into on
by and between the
(Date)
hereinafter called the NAFI, and
hereinafter called the Concessionaire. The NAFI is a nonappropriated fund instrumentality of the United States.
No appropriated funds of the United States shall become due, or be paid, the Concessionaire by reason of this
contract. Witnesseth, that for and in consideration of the agreements set forth and the payments to be made
within this contract, it is mutually agreed between the parties:
2.
That the NAFI shall:
a. Grant the Concessionaire a concession to sell at
(Location) (General description of items/services)
during the time period
to
inclusive.
b. Furnish sufficient quantities of space, heat, water, and electricity for the reasonable needs of the
Concessionaire for lighting, heating, drinking, sanitation, and the operation of suitable support equipment.
3.
That the Concessionaire will:
a. Pay to the NAFI a concession fee equal to
percent of the total amount of the gross
receipts hereunder or a flat fee of
. Payment will be made daily in United States currency
to the NAFI manager identified by the contracting officer. The Concessionaire will use prenumbered sales
slips and account for all sales by purchaser's name and purchase price of each item sold. A copy of the
sales record (slips) will be furnished to the NAFI manager along with the required concession fee at the
end of each day.
b.
Operate the concession during the following hours:
c.
Provide products or services of a quality satisfactory to the NAFI Manager.
d.
Keep the concession area clean, orderly, attractive, secure, and in a safe and sanitary condition to the
satisfaction of the NAFI Manager.
e.
Employ only persons who meet the health standards prescribed by law or regulations which pertain to the
jobs for which they are hired.
f.
Furnish a sufficient number of trained employees for the efficient performance of this Concessionaire
contract. Concessionaire personnel must meet the health and security standards prescribed by
applicable regulations. Concessionaire personnel must give prompt and courteous treatment to authorized
customers. Concessionaire personnel must be neatly dressed and meticulous in their personal grooming
at all times.
g.
Remove from employment in the concession, on the request of the NAFI, any agent, or employee of the
concession, on the request of the Contracting Officer, any agent, or employee of the Concessionaire if, in
the opinion on the Contracting Officer the conduct of such person, interferes with proper performance of
this contract.
h.
Obtain, at its own expense, any passes or permits, when required, for entrance onto the military
installation.
i.
Comply with all applicable laws and Army regulations including those pertaining to wages, workers'
compensation, equal opportunity, and the Service Contract Act.
DA FORM 5756, DEC 2004
APD LC v1.01ES
CONCESSIONAIRE CONTRACT - SHORT TERM (Nonappropriated Funds)
For use of this form, see AR 215-4, the proponent agency is ACSIM
CONTRACT NUMBER
1
This contract is hereby made and entered into on
by and between the
(Date)
hereinafter called the NAFI, and
hereinafter called the Concessionaire. The NAFI is a nonappropriated fund instrumentality of the United States.
No appropriated funds of the United States shall become due, or be paid, the Concessionaire by reason of this
contract. Witnesseth, that for and in consideration of the agreements set forth and the payments to be made
within this contract, it is mutually agreed between the parties:
2.
That the NAFI shall:
a. Grant the Concessionaire a concession to sell at
(Location) (General description of items/services)
during the time period
to
inclusive.
b. Furnish sufficient quantities of space, heat, water, and electricity for the reasonable needs of the
Concessionaire for lighting, heating, drinking, sanitation, and the operation of suitable support equipment.
3.
That the Concessionaire will:
a. Pay to the NAFI a concession fee equal to
percent of the total amount of the gross
receipts hereunder or a flat fee of
. Payment will be made daily in United States currency
to the NAFI manager identified by the contracting officer. The Concessionaire will use prenumbered sales
slips and account for all sales by purchaser's name and purchase price of each item sold. A copy of the
sales record (slips) will be furnished to the NAFI manager along with the required concession fee at the
end of each day.
b.
Operate the concession during the following hours:
c.
Provide products or services of a quality satisfactory to the NAFI Manager.
d.
Keep the concession area clean, orderly, attractive, secure, and in a safe and sanitary condition to the
satisfaction of the NAFI Manager.
e.
Employ only persons who meet the health standards prescribed by law or regulations which pertain to the
jobs for which they are hired.
f.
Furnish a sufficient number of trained employees for the efficient performance of this Concessionaire
contract. Concessionaire personnel must meet the health and security standards prescribed by
applicable regulations. Concessionaire personnel must give prompt and courteous treatment to authorized
customers. Concessionaire personnel must be neatly dressed and meticulous in their personal grooming
at all times.
g.
Remove from employment in the concession, on the request of the NAFI, any agent, or employee of the
concession, on the request of the Contracting Officer, any agent, or employee of the Concessionaire if, in
the opinion on the Contracting Officer the conduct of such person, interferes with proper performance of
this contract.
h.
Obtain, at its own expense, any passes or permits, when required, for entrance onto the military
installation.
i.
Comply with all applicable laws and Army regulations including those pertaining to wages, workers'
compensation, equal opportunity, and the Service Contract Act.
DA FORM 5756, DEC 2004
APD LC v1.01ES
(Nonappropriated Funds)
CONCESSIONAIRE CONTRACT - SHORT TERM
j.
Indemnify, save harmless, and defend the NAFI, its successors in interest and the U.S. Government from
and against any and all claims, demands, actions, debts, liabilities, and attorney's fees arising out of,
claimed on account of, or in any manner predicated upon loss of or damage to the property of and
injuries to or death of any and all persons whatsoever, in any manner caused or contributed to by the
Concessionaire, its agents, or employees while in, upon, or about the military installation where the
concession is located, or while going to or departing from the same; and to indemnify and save harmless
the NAFI, its successors in interest and the U.S. Government from any liability the NAFI or U.S.
Government may suffer as the result of acts of negligence, fraud, or misconduct of any of
Concessionaire's agents or employees on or about the military installation.
k.
Release the U.S. Government and the NAFI from any and all liability for loss or damage to property and
merchandise used by the Concessionaire in the operation of the concession due to theft, fire, storm,
flood, and damage or destruction through any force of nature or otherwise.
l.
Not represent in any manner, expressly or by implication, that products offered for sale are approved or
endorsed by any element of the U.S. Government or any NAFI Instrumentality. Any advertisement by
the Concessionaire which refers to a military resale activity will contain a statement that the
advertisement was neither paid for nor the product sponsored, in whole or in part, by the particular
activity.
m.
Not give or offer to any officer or employee and/or their family members of the NAFI, or any other part of
the U.S. Government, any gift, privilege, special benefit, discount, or anything else of a material or
personal nature.
n.
TAXES:
(1).
The Concessionaire will comply with all state, municipal, and Federal laws, rules, ordinance, and
regulations, and any regulations promulgated by the military relating to public health or applicable to the
business carried on under this agreement; assume complete and sole liability for all Federal, state, and
local taxes applicable to the licensing, property, income and transactions of the concessionaire, and
where required by applicable laws and regulations, will collect and remit to the State applicable sales
taxes. Sales taxes which have been collected in the manner required by the clause titled "Prices" will
be excluded from the computation of gross receipts in the determination of the fee payable to the NAFI.
The amount of taxes so excluded will not exceed the actual sum payable to the State. Where required
by State law or regulation, the Concessionaire will obtain and conspicuously display the State sales tax.
(2).
The Concessionaire warrants that the amount payable to the NAFI has not been reduced by the amount
of any tax or duty from which the Concessionaire is exempt. If such tax or duty has been included in the
pricing or consideration through error or otherwise, the concession fee shall be correspondingly adjusted.
If for any reason after the contract date, the contract pricing or other consideration changes, the
concession fee shall be correspondingly adjusted.
o.
Keep complete and accurate records of all transactions and ensure that all sales are rung up in full view
of the customer.
4. PRICES.
a.
The concessionaire will post in a conspicuous place a complete price list of all goods or services
available.
b.
Where a State law imposes a sales tax on the sale of the item or service by the Concessionaire to an
authorized customer, the sales tax will be stated separately from the sales price, added to the price in
the price schedule and collected from the customer.
DA FORM 5756, DEC 2004
APD LC v1.01ES
CONCESSIONAIRE CONTRACT - SHORT TERM
(Nonappropriated Funds)
5. The Concessionaire will not:
a.
Represent or permit itself to be represented to the public as an agent or employee of the NAFI or the
U.S. Governemnt by the use of the name of the NAFI or the U.S. Government on letters, bills, signs, or
by any other means. The concessionaire, its agents and employees are in no sense agents of the
United States or the NAFI.
b.
Sell or remove any NAFI or Government-owned property.
c.
Engage in or permit gambling or possession or use of any gambling device on the concession premises
or elsewhere on the installation.
d.
Buy, sell, possess, or transfer any form of intoxicating liquors, illegal drugs, or other contraband on the
concession premises or elsewhere on the installation.
e.
Sell merchandise or services for anything other than United States currency, unless authorized in writing
by the Contracting Officer.
f.
Sell merchandise or services on credit.
6. NAFI PROPERTY.
The Concessionaire and the NAFI Manager will jointly conduct a physical inventory of
NAFI or Government-owned equipment or property at the time the concessionaire
occupies the premise and at the end of contract
7. CONTRACTUAL CONTENTS. This concessionaire contract consists of the following:
a. Concessionaire contract terms and conditions, pages
through
.
b. DA Form 4074-R,(Contract Clauses) (Nonappropriated Fund Supply and Service Contracts),
pages
through
.
8. We the undersigned, have read, understand, and agree to the above terms and conditions.
FOR THE NAFI
FOR THE VENDOR
(Signature of Contracting Officer)
(Signature of Vendor)
(Type or Print Name)
(Type or Print Name)
(Address)
(Address)
(Phone No.)
(Phone No.)
(Date Signed)
(Date Signed)
DA FORM 5756, DEC 2004
APD LC v1.01ES

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