1136 SEP IDT PWS PRS - 7-22-2024.docx

PERFORMANCE WORK STATEMENT (PWS) FOR

Catered Meal Services Maine Army National Guard

1.0 General:

1.1 Scope: The caterer shall provide personnel, supervision, and any items and services necessary to perform full catering services, in a Government facility, in accordance with the State and local sanitation law requirements, as defined in this PWS.

1.1.1 Objectives: Maine Army National Guard (MEARNG) anticipates purchasing catered meals in accordance with the Performance Work Statement (PWS). The intent is to provide quality catered meals to the MEARNG, in support of personnel in attendant of individual training periods. The contractor must provide timely, high-quality meals cooked under commercial standard and high- quality customer service. The contractor shall furnish all personnel, food items, supervision, materials, and transportation necessary to provide meals ready to serve, prepared in accordance with the following specifications to the units of the MEARNG.

1.2 Background: The Maine Army National Guard will at times require the service of a caterer. A catered meal is defined as “a meal prepared in a commercial establishment for consumption there or delivered to a specific location or prepared at the consumption site using the caterer’s portable equipment and subsistence supplies. There is no authority for a caterer to use Government- furnished equipment or Government-furnished facilities to prepare the meals.

1.3 Period of Performance (PoP): The Period of Performance shall be a duration of three days from Friday September 13th, 2024, to Sunday September 15th, 2024.

1.4 General Information:

1.4.1 Place and Performance of Services: Toque Pond Service Area, Baxter Park Road, Greenville, ME 04441.

1.4.1.1 Telework: The Government does not permit the contractor to telework in support of this requirement. In furtherance of Continuity of Operations Planning (COOP), a telework program may be enacted to ensure that the Government's mission-critical operations stay operational during times of national emergency or incidents of national significance. Telework shall be at no additional cost to the Government.

1.4.1.2 Unscheduled gate closures: Reserved

1.4.1.3 The contractor’s employees shall become familiar with and obey the regulations of the installation, including fire, traffic, safety, and security regulations while on the installation. Contractor employees should only enter restricted areas when required to do so and only upon

Ver. October 2022 prior approval. All contractor employees shall always carry proper identification with them and shall be subject to such checks as may be deemed necessary. The contractor shall ensure compliance with all regulations and orders of the installation, which may affect performance. The Government reserves the right to direct the removal of an employee from Government property or revoke access to Government systems for misconduct, security reasons, or any overt evidence of communicable disease. Removal of contractor employees for reasons stated above does not relieve the Contractor from responsibility for total performance of this contract.

1.4.2 Recognized Holidays: The following are recognized United States (US) holidays. The contractor shall not perform services on these days:

1.4.2.1 New Year’s Day: January 1st

1.4.2.2 Martin Luther King, Jr.’s Birthday

1.4.2.3 President’s Day

1.4.2.4 Memorial Day

1.4.2.5 Juneteenth National Independence Day: June 19th

1.4.2.6 Independence Day: July 4th

1.4.2.7 Labor Day

1.4.2.8 Columbus Day

1.4.2.9 Veteran’s Day: November 11th

1.4.2.10 Thanksgiving Day

1.4.2.11 Christmas Day: December 25th

1.4.3 Quality Control (QC): Reserved

1.4.4 Quality Assurance (QA): The Government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government will do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality level(s) or defect rate(s).

1.4.5 Installation Access and Security Requirements. The contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the COR. The contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, or Security Office. The contractor shall ensure compliance with all personal identity verification requirements as directed by Department of Defense (DoD), Headquarters Department of Army (HQDA) and/or local policy (see PWS 6.0). Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

1.4.5.1 For contractors requiring Common Access Card (CAC): Reserved

1.4.5.2. Reserved

1.4.5.3 Awareness Training (AT) Level 1: Reserved

1.4.5.4 iWATCH Training: Reserved

1.4.5.5 Communications Security/Information Technology (COMSEC/IT) Security. Reserved

1.4.5.6 (IA)/Information Technology (IT) certification. Reserved

1.4.6 Physical Security. Reserved

1.4.6.1 Key Control. Reserved

1.4.6.2 Lock Combinations: Reserved

1.4.7 Special Qualifications: The contractor shall ensure all employee prosses all local and state required food safety certifications for preparing/serving food and food items in the performance of this contract. This does not include education or other qualification for the position in which the contractor employee is performing, dress codes, or other information. The contractor shall ensure all employees engaged in the preparation and serving of food are medically cleared by medical professionals prior to execution of this contract. Note: The Government does not provide training and/or medical screening to contractors. Contractors must ensure that any personnel performing under a contract are fully trained, licensed, certify, and qualified to provide service.

1.4.7.1 The contractor shall have a current American National Standard Institute (ANSI)- Conference for Food Protection – Accreditation certificate, which can be found at ANAB - ANSI National Accreditation Board. The Government will not be liable for the cost of the certification.

1.4.8 Post Award Conference/Periodic Progress Meetings: Reserved

1.4.9 Contract Manager (CM): The contactor shall designate a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO. The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The CM shall work through the COR, to resolve issues, receive technical instructions, and ensure adequate performance of services. The CM shall ensure that contractor employees do not perform any services outside the scope of the contract without an official modification issued by the KO. The CM shall ensure contractor employees understand that services performed outside the scope of the contract are performed wholly at the expense of the contractor.

1.4.10 Identification of Contractor Employees: Reserved

1.4.11. Combating Trafficking in Persons: The United States Government has adopted a zero- tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government’s zero tolerance policy, the actions that will be taken against employees for violations of this policy. The contractor shall take appropriate action, up to and including termination, against employees or subcontractors that violate the US Government policy as described at FAR 22.17.

1.4.12 Contractor Travel: Reserved

1.4.13 Data Rights: Reserved

1.4.14 Organizational Conflicts of Interest (OCI): The contractor and subcontractor personnel performing services under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications, or work statements, etc.) or perform evaluation services which may create a current or subsequent OCIs, as defined in FAR Subpart 9.5. The contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO. In the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may impose other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.4.15 Phase In / Phase Out Periods: Reserved

2.0 Definitions and Acronyms:

2.1 Definitions:

2.1.1 Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

2.1.2 Defective Service: A service output that does not meet the standard of performance associated with the PWS.

2.1.3 Deliverable: Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

2.1.4 Key Personnel: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.5 Physical Security: Actions that prevent the loss or damage of Government property.

2.1.6 Quality Assurance: The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.7 Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.8 Quality Control: All necessary measures taken by the Contractor to ensure that the quality of an end product or service shall meet contract requirements.

2.1.9 Subcontractor: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.2 Acronyms:

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): The Government will provide the property, material, equipment, and/or services listed below solely for the purpose of performance under this contract:

3.1 Property: The Government will furnish the necessary workspace for the contractor to service.

3.2 Materials: Not applicable.

3.3 Equipment: The Government will have tables, chairs available and garbage receptacles during mealtimes.

3.4 Services: Not Applicable.

3.5 Utilities: All utilities in the facility will be available for the contactor’s use in the performance of this contract. The contractor shall instruct employees in utilities conservation practices. The contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount.

4.0 Contractor Furnished Property, Materials, and Equipment (CFP/M/E):

4.1 General: Except for those items specifically stated to be Government-Furnished in Paragraph 3.0, the contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.

5.0 Requirements: The contractor shall:

5.1 The contractor (or subcontractor) shall possess and maintain a current American National Standard Institute (ANSI)- Conference for Food Protection – Accreditation program (or a similar accredited program) and a Maine State food License issued by the Maine Department of Agriculture.

5.2: A MEARNG Point of Contact (POC) will coordinate with the contractor No Later than (NLT) 5 calendar days prior to the event. A final count will be provided to the vendor in order to provide a “not to exceed” number of catered meals. The vendor will not exceed the total number of meals agreed upon without written consent from the Contracting Officer.

5.3 The contractor shall comply with sanitation requirements of the State and Local laws regarding food code which would result in a satisfactory or better rating from a health inspection. To the greatest extent possible, all food should be prepared on the day it is to be served.

5.3.1 The contractor shall clean up and enforce sanitation requirements for only the food distribution area. The Government’s kitchen area, along with all cooking utensils will NOT be available to the contractor.

5.3.2 The contractor shall maintain a clean and sanitary workspace that follows health standards ensuring that all individual service items are replenished to provide a pleasant dining environment in either an indoor or outdoor service situation.

5.3.3 The contractor shall ensure all menu items will be prepared, transported, served, and maintained at the temperatures recommended by the USDA. Food will be handled in strict adherence to food safety and precautions as recommended by the State of Maine and the U.S. Department of Agriculture (USDA) http://www.fsis.usda.gov/fact_sheets/safe_food_handling_fact_sheets.

5.3.4 The contractor shall ensure caterer’s staff will wear hairnets and if handling food, wear gloves and have a general neat, clean appearance.

5.3.5 The contractor shall be responsible for all clean up related to the services they provide and the disposition of all leftover food. Recycle/garbage containers will be provided by the Government. The contractor is responsible for emptying these containers into central dumpster at performance location.

5.4 The contractor shall deliver catered meals within 15 minutes of the specified timeframe.

5.4.1 The contractor shall provide meals as follows:

5.5 The contractor shall be responsible for portioning and serving each main menu meat, starch, and vegetable item (per the provided menu and portion size guidelines) to all the personnel in attendance, ensuring enough food is provided for all personnel attending the event.

5.5.1 The contractor shall provide condiments, such as Mayonnaise, mustard, ketchup, steak sauce, hot sauce, salad dressing, syrup, salt, and pepper, etc.

5.6 The contractor shall provide special dietary meals upon request from the MEARNG PoC. The contractor will be notified No Later Than (NLT) five Calander days before scheduled meal dates.

5.7 The contractor shall receive direction for performance of this contract only from assigned Contracting Officer or Contracting Officer’s Representative. Unit leadership and/or Soldiers receiving services will not direct or modify tasks contracted to caterer.

5.7.1 The Government reserves the right to require the caterer to remove staff members that are deemed carless or otherwise objectionable.

5.7.2 Contractor may be allowed to store non-perishable food materials for next day food preparation. The Government will not provide storage for perishable food materials.

5.8 Invoicing: All contractor invoices shall be submitted via Wide Area Workflow (WAWF) using contract line-item numbers (CLINs). The contractor shall be required to establish account(s), access method(s), log-in(s), and get all necessary training prior to submitting invoices through WAWF. Invoices not submitted via WAWF shall not be accepted or paid.

Federal Acquisition Regulation https://www.acquisition.gov/?q=browsefar

Defense Federal Acquisition Regulation Supplement http://www.acq.osd.mil/dpap/dars/dfarspgi/current/in dex.html or https://www.acquisition.gov/dfars

Joint Travel Regulation (JTR) https://www.defensetravel.dod.mil/site/travelreg.cfm

DoDM 1000.13-M-V1 DoD Identification (ID) Cards (Enclosure 2, paragraph 3.b) 01/23/2014 (Change 1: 07/28/2020) http://www.esd.whs.mil/Directives/issuances/dodm

Federal Information Processing Standards (FIPS) Publication 201-2 Personal Identity Verification (PIV) of Federal Employees and Contractors (Paragraph 9) August 2013 http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.201 -2.pdf

DoDM 5200.2 Procedures for the DoD Personnel Security Program

(PSP)

04/03/2017 https://www.esd.whs.mil/Directives/issuances/dodm/

DoDI 5200.46 DoD Investigative and Adjudicative Guidance for Issuing the Common Access Card (CAC) 09/09/14 (Change 1: 05/04/2018) https://www.esd.whs.mil/Directives/issuances/dodi/

Homeland Security Presidential Directive (HSPD)-12 Policy for a Common Identification Standard for Federal Employees and Contractors 08/27/2004 https://www.dhs.gov/homeland-security-presidential- directive-12

DoDI 5400.11 Department of Defense Privacy and Civil Liberties Programs 01/29/2019 https://www.esd.whs.mil/Directives/issuances/dodi/

DoD 5400.11-R Department of Defense Privacy Program 05/14/2007 https://www.esd.whs.mil/Directives/issuances/dodm/

DoDD 8140.01 Cyberspace Workforce Management

10/05/2020 https://www.esd.whs.mil/Directives/issuances/dodd/

DoD 8570.01-M Information Assurance Workforce Improvement Program 12/19/2005 (Change 4: 11/10/2015) https://www.esd.whs.mil/Directives/issuances/dodm/

DoD 5220.22-M National Industrial Security Program Operating Manual (NISPOM) 02/28/2006 (Change 2: 05/18/2016) https://www.esd.whs.mil/Directives/issuances/dodm/

b/AR40-25_WEB_Final.pdf

6.1 Applicable Forms: Forms applicable to the PWS are listed below:

DD 1172-2

Application for Identification Card/DEERS Enrollment

I-9 Employment Eligibility Verification

DD 441

Department of Defense Security Agreement

TECHNICAL EXHIBIT 1

Performance Requirements Summary (PRS)

This PRS includes performance objectives the Government will use to determine contractor performance and will compare contractor performance to the Acceptable Quality Level (AQL).

PRS #2 – PWS para (5.3) Comply with sanitation requirements of the State and Local Laws regarding food code which would result in a satisfactory or better rating from a health inspection. To the greatest extend possible, all food should be prepared on the day it is to be served.

PRS #3 – PWS Para (5.4) Delivery times frames

PRS # 4 – PWS para (5.8) All contractor invoices shall be submitted via Wide Area Workflow (WAWF) using contract line-item numbers (CLINs).

TECHNICAL EXHIBIT 2

Deliverables Schedule

TECHNICAL EXHIBIT 3

MEARNG Approved Menu/Portion Size Table

Breakfast Meal:

To Include:

1 Starch (e.g., pancakes, waffles, French toast, biscuits, or home fries,) 1 Fruit (e.g., Banana’s apple, and orange’s) or Juice) 1 Eggs, (Single Serving) 1 Baked Good – (e.g., Biscuits, Muffins or Bread) 1 type Meat entrée (e.g., Bacon, Sausage, or ham) 1 Beverage – (e.g., Juice, Milk, coffee, or tea)

Continental Breakfast:

To include:

1 Starch (e.g., muffin, Bagel) 1 Fruit (e.g., Banana’s, Orange, Apples) 1 Yogurt, Fruit Bar, Granola Bar 1 Beverage (e.g., Juice, Milk, Coffee) 1 Condiments (e.g., Peanut Butter, Jelly, Cream Cheese)

Dinner Meal:

To Include:

1 Entrée, 1 Starch (Potato, Rice, and Pasta) 1 Vegetable 1 Bread or crackers 1 Dessert (e.g., cookies, brownies, pies, or pudding) 1 Beverage (e.g., Juice, milk, coffee or tea)