Types of Facilities

(1) For purposes of 111 CMR 3.00, the program shall license operation of up to four types of facilities: wet stands, dry stands, cafeterias, and vending machine operations. (2)(a) Wet stand means a vending facility which serves coffee and/or soup and is not a cafeteria. (b) Dry stand means a vending facility which does not serve coffee and/or soup and is not a cafeteria. (c) Cafeteria means a food-dispensing facility capable of providing a broad variety of prepared foods (including hot meals) and beverages, primarily through the use of a line where customers serve themselves from displayed selections which facility may be fully automatic or may provide limited waiter or waitress service and in any event shall provide table or booth seating. (d) Vending machine operation means a vending facility consisting solely of one or more vending machines. (3) Operation of cafeterias shall be governed by 111 CMR 3.09(3). (a) Priority in the operation of cafeterias by vendors on federal property shall be afforded when the Secretary of the federal Department of Education determines, on an individual basis, and after consultation with the appropriate property managing department, agency, or instrumentality, that such operation can be provided at a reasonable cost, with food of a high quality comparable to that currently provided employees, whether by contract or otherwise. Such operation shall be expected to provide maximum employment opportunities to vendors to the greatest extent possible. (b) In order to establish the ability of vendors to operate a cafeteria in such a manner as to provide food service at comparable cost and of comparable high quality as that available from other providers of cafeteria services, the Commission shall be invited to respond to solicitations for offers when a cafeteria contract is contemplated by the appropriate property managing department, agency, or instrumentality. Such solicitations for offers shall establish criteria under which all responses will be judged. Such criteria may include sanitation practices, personnel, staffing, menu pricing and portion sizes, menu variety, budget and accounting practices. If the proposal received from the Commission is judged to be within a competitive range and has been ranked among those proposals which have a reasonable chance of being selected for final award, the property managing department, agency, or instrumentality shall consult with the Secretary as required under 111 CMR 3.09(3)(a). (c) Notwithstanding the requirements of 111 CMR 3.09(3)(a) and (b), federal property managing departments, agencies, and instrumentalities may afford priority in the operation of cafeterias by vendors on federal property through direct negotiations with the Commission whenever such department, agency, or instrumentality determines, on an individual basis, that such operation can be provided at a reasonable cost, with food of a high quality comparable to that currently provided employees: provided, however, that the provisions of 111 CMR 3.09(3)(a) and (b) shall apply in the event that the negotiations authorized by 111 CMR 3.09(3)(c) do not result in a contract.