36C24626Q0769_1.docx

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C24626Q0769 08-21-2026 John Harmsen 757 722 9961 08-27-2026

1 PM

EDT

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

X

722310 $47 Million

N/A

Food Service

Network Contracting Office 6

Financial Services Center

PO BOX 149971

Austin TX 78714-9971 512-460-5049 512-460-5221

See CONTINUATION Page This is a base plus 4 options

Period of performance Base Year 20 Sept 26 - 19 Sept 27 Option Year 1 20 Sept 27 - 19 Sept 28 Option Year 2 20 Sept 28 - 19 Sept 29 Option Year 3 20 Sept 29 - 19 Sept 30 Option Year 4 20 Sept 30 - 19 Sept 31

Wage Determination 2025-4341 Rev 35 Dated 29 July 2026 applies to this solicitation

See CONTINUATION Page

John Harmsen

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C246 John Harmsen

Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

36C24626Q0769

Page 1 of Page 1 of Performance Work Statement (PWS) for Services Contract for Nutrition and Food Services Hampton VA Healthcare System

Chapter 1 DESCRIPTION OF SERVICES and GENERAL INFORMATION Scope. The contractor shall provide all transportation, materials, labor, supervision, and any items and services necessary to perform full food services functions for Nutrition and Food Service (NFS) at the Hampton VA Medical Center (HVAMC) as specified in this Performance Work Statement (PWS). The contractor shall meet operational requirements of the Hampton VA Medical Center ~220 operational beds) as defined in this PWS. Areas of service include hospital food service to include but not limited to Acute Care, Medical and Surgical Wards, Inpatient Mental Health, Community Living Centers (CLC), Spinal Cord Injury (SCI), Hospice, etc. and dining room service to Domiciliary Care (DOM) as defined in this PWS. The Contractor shall perform the requirements in this PWS and conform to the professional standards of the assigned VHA Medical Center utilizing the current FDA Food Code 2022, Supplement; VHA Directive 1439 and VHA Healthy Diet Guidelines. It is the sole responsibility of the Contractor to meet all requirements of this contract without any assistance from the Government. The Government will provide access, information and supplies & equipment as listed in Chapter 2 for this requirement.

1.1 STVHCS Background. HVAMC NFS is an appropriated funded food service that operates food production, meal assembly, and meal delivery to acute care patients to include inpatient mental health, Community Living Centers (CLC) residents, Spinal Cord Injury patients (SCI), Domiciliary patients, and Hospice patients. The current departmental workload includes food production for a 21-day menu cycle for all units and Room Service for selected units. Service includes breakfast, lunch, and dinner, food production, meal selection assistance, ticket preparation, tray assembly, dining room service, meal delivery, ware washing, floor stock and snack preparation and delivery, stocking subsistence and patient refrigerators on each unit, general sanitation and food safety and support for our Healthy Teaching Kitchen (HTK) activities. Current service is a select menu, prepared in the cook/serve method of food prep, assembled on trays, and served by staff to the patients on a schedule. Veteran-centered dining occurs in the CLC. This paragraph describes the tasks included in daily operation of HVAMC NFS, not the services requested for this contract.

1.2 Scope of work/contract requirements:

General certification requirements. All Contractor personnel must be National Restaurant Association ServSafe Food Handler Certified. Contract Supervisors, Leads, and “Person in Charge”, must have a ServSafe Managers Certification.

1.2.1 Customer Eligibility. The customers for meal services are the residents of our CLC, DOM, and Hospice units as well as inpatients in the acute care facility at Hampton. We do not operate a retail cafeteria or feed staff or visitors unless the facility is under emergency plan operations. This contract is to cover Hampton NFS operations (duties outlined below).

1.2.2 Specific Operational Requirements and Tasks: The contractor shall provide the following services.

1.2.2.1 Nourishment/Snack/Supplement Preparation. Prepares snacks and nourishments (floor stock) in accordance with the PAR levels, LEAF orders, phone requests, etc. and recipes. Recipes must be followed as some snacks and nourishments may be contraindicated for modified diets, allergies, and texture consistency. Safety for mental health areas will comply with Mental Health Environment of Care, SOP.

1.2.2.1.1 Follows recipes for simple snacks and drinks and floor stock items. Food preparation will include the use of knives, mixers, blenders, and slicers.

1.2.2.1.2 Follows the safe food handling/HAACP requirements for sanitation and storage from the FDA 2022 Food Code and other internal guidance.

1.2.2.1.3 Operates under “clean as you go” work practices and ensures that all equipment and utensils are cleaned and/or removed from the work area when changing from one food item to another item. This will avoid cross-contamination or exposure to allergens from different types of ingredients and foods.

1.2.2.1.4 Nourishment and snack prep area will be mopped, tables sanitized and cleaned to include the undershelves and legs and all clutter to be removed from the area at the end of the nourishment and snack preparation.

1.2.2.1.5 May not permit any cardboard box containers into the work area.

1.2.2.1.6 Practice safety precautions when cleaning sharp objects like slicers, blenders, and knives as well as cleaning ovens, mixers, griddles, and tilt fryers.

1.2.2.1.7 Comply with personal appearance and hygiene requirements of Hampton Dress and Uniform Policy.

1.2.2.1.8 Clean and sanitize the trayline or serving areas and tray holders, sweep and mop the tray assembly area and dining room, and clean and sanitize the worktables in the area.

1.2.2.1.9 Once Items removed from tray assembly and trayline area refrigerators, clean and sanitize any spills and remove food particles.

1.2.2.2 Floor Stock and Snack operations. NFS provides a variety of items to inpatient units for patient snacks and nourishments when needed for NFS staff or nursing to offer between meal snacks and administer medications. NFS also provides between meal snacks to inpatients when prescribed by their care provider. Contract personnel conducting these operations will:

1.2.2.2.1 Prepare simple snack items, individually bagged, and labeled and bulk stocks for patient nourishment refrigerators. The list of items to be prepared for snacks will be provided by the NFS leadership team.

1.2.2.2.2 Follow the guidelines of proper food handling as outlined in 2022 FDA Food Code in the preparation of snacks and nourishments.

1.2.2.2.3 Follow the recipes for preparing snacks and will label snacks with printed labels. Snacks will be delivered by contract staff to unit refrigerators. If patient room delivery is needed, NFS employees will provide that service.

1.2.2.2.4 Restock the nourishment preparation area with all required items as per PAR levels (or per direction of VA supervisor until PAR levels can be adjusted). Maintain the nourishment area in a clean and organized manner. Inspect daily for expired items. Remove any expired items.

1.2.2.2.5 Prepare the nourishment cart with bulk items that are stocked in each area according to the daily delivery schedule and requisition sheets provided by the supervisor.

1.2.2.2.6 Push nourishment cart to each unit from the main kitchen.

1.2.2.2.7 Conduct nourishment inventory, remove and dispose of any items that are expired, replace items to the PAR level using First in First out method of stocking. Remove items that are not properly stored or dated that non-NFS personnel may have placed in the unit refrigerator/freezers.

1.2.2.2.8 Follow the process for verifying the delivery, stocking, and time of day it was completed.

1.2.2.2.9 Remove all cardboard boxes and place in designated area.

1.2.2.3 Sanitation in all designated NFS areas. NFS operates under the clean-as-you-go principles but also must maintain a sanitized operation for food prep and service. Sanitation duties will be conducted in all areas with oversight by NFS, to include main kitchen and dining room. Contract staff will:

1.2.2.3.1 Spot clean any floors, tables, food prep or service equipment in the event of a spill or dropped items.

1.2.2.3.2 Surface cleaning as per the requirements of the 2022 FDA Food Code.

1.2.2.3.3 Clean and sanitize equipment inside and out after food prep or as scheduled around daily use for meal service.

1.2.2.3.4 Clean and remove outdated items from refrigerators at the end of each day or end of each meal service for those on the tray line or dining room serving line.

1.2.2.3.5 Trash will be tied and removed to the trash cart from all areas of the kitchen and storerooms before it becomes overfilled and overflowing. New trash bags will be placed in the empty trash can or bin. Trash receptacles will be maintained covered except when in use.

1.2.2.3.6 Trash cans will be cleaned as needed and as directed on the cleaning schedule.

1.2.2.3.7 Floors will be mopped daily. Floor mats will be cleaned daily.

1.2.2.3.8 Trash on the floors will be removed and placed in a trash can.

1.2.2.3.9 Splashes on walls, baseboards, refrigerators, and other food service equipment will be cleaned immediately.

1.2.2.3.10 Cardboard boxes will be broken down and moved to the designated place inside the kitchen. Cardboard will be further removed from the kitchen area to the back-dock cardboard recycle bin daily.

1.2.2.3.11 Contract services will include staff performing daily/weekly/monthly cleaning based on a cleaning schedule developed for the kitchen. Duties will include cleaning walk-in and reach-in refrigerators and freezers, sinks, carts, dishwashers, shelves, equipment, walls, vent hood, ice and coffee/beverage machines, and floors.

1.2.2.4 Kitchen-/Dishware Washing Operations. NFS does not use disposable food containers, plates, or cups unless required by unit specification or emergency operations. The contractor will conduct ware washing operations as indicated below.

1.2.2.4.1 Remove pots and pans from the food production area to the pot and pan wash area as soon as possible during food prep and production.

1.2.2.4.2 Wash pots and pans using the 3-sink method IAW with the 2022 FDA Food Code. Record water temperatures and sanitation levels per protocol. Report any issues with temperatures that are not in compliance with the wash, rinse, and sanitize cycle minimum requirements. Report any equipment malfunction. All reports should be to the NFS Supervisor, Food Operations Manager, or Associate Chief of Food Operations.

1.2.2.4.3 Organize washed pots and pans on shelves as indicated. Ensure that all washed items are not put away until they are thoroughly air-dried, inside, and out.

1.2.2.4.4 Mop and clean the pot and pan area when there is standing water, trash, or food particles on the floor. Place a wet floor sign in any wet area. Clean all floor mats.

1.2.2.4.5 Follow the safety requirements for putting food into the disposals in both the pot and pan wash area and the dish room.

1.2.2.4.6 Remove dirty tray retrieval carts from the units according to the posted schedule or daily assignment sheet.

1.2.2.4.7 Bring tray retrieval carts back to the kitchen through the soiled cart door of the dish room.

1.2.2.4.8 Break down carts by removing all dishes and utensils to a soaker bin, domes, cups and lids to appropriate processing bins or dishwasher conveyor belt and stack trays for washing operations.

1.2.2.4.9 Remove tray tickets and put them in the shredder bin.

1.2.2.4.10 Scrap leftover food items in the trash can.

1.2.2.4.11 Scrap paper and disposables in trash cans.

1.2.2.4.12 Load dishwasher according to NFS Ware Washing Instructions. Record dish machine temperature according to protocol. Make notification to the NFS Supervisor or Food Operations Manager if temperatures are not in compliance with recommended ranges.

1.2.2.4.13 Ensure that all items are cleaned and stacked to dry in the appropriate racks, carts, lowerators, or bins and that all remain in the clean area of the dishroom. Ensure that dishes are not stacked until completely dry.

1.2.2.4.14 Clean and sanitize meal delivery carts and spray and sanitize all tray retrieval carts. Drain liquids from drain pans and clean on a regular cleaning schedule for both delivery and retrieval carts.

1.2.2.4.15 Place all carts back in designated places at the tray assembly areas and in the dishroom.

1.2.2.4.16 At the end of each meal remove all trash, clean the scrapper table according to NFS Ware Washing Instructions, mop floors, and organize the dishroom as necessary.

1.2.2.4.17 Contract personnel will notify NFS Supervisors of any malfunctioning equipment or lack of supplies that affect compliance or performance.

1.2.2.4.18 Clean the dishwasher per instructions in the dishwashing manual daily. Perform de-liming procedures as per dish machine instructions and deep clean as per cleaning schedule. Maintain salt in dish machine internal water softener as per equipment specifications.

1.2.2.5 Contractor Personnel

1.2.2.5.1 Management: The contractor must provide on-site management/ supervisory staff necessary to meet requirements. The on-site manager will coordinate with the COR for any issues concerning meeting the requirements.

1.2.2.5.2 Conduct: Contract staff are expected to perform their duties professionally, treat all people with respect and dignity, and avoid the use of profanity, aggressive or bullying behavior, and gossip to ensure a safe, peaceful, disruptive-free environment for all staff.

1.2.2.5.3 Uniforms: The contractor will provide black uniforms for personnel that are appropriate for working in a food service environment. Uniforms will be well fitting, clean, and in good condition without rips or tears, and must be hemmed so that the pants do not drag on the floor. Shirts should be long enough not to expose the skin between the pants and shirt. The contractor will provide skid resistant (comply with AST F3445) shoes as part of the uniform. Contract Supervisors/leads will ensure compliance with uniforms.

1.3 General Information.

1.3.1 Period of Performance. This is for a one-year base period with three (3) one-year optional renewals.

1.3.2 Normal Hours of Operation. The Contractor will provide staffing as determined by workload for operating hours of the Hampton VAMC NFS. Operation hours for VA employees are anytime as assigned between the hours of 5:00 AM and 7:30 PM. Contract supervisors should keep COR/Food Operations Manager apprised of any staffing issues that they determine could impact the services provided by the contractor. Contract workers will be expected to arrive on time and stay until the end of their assigned shift. Lunch breaks will be allocated by contract company, however, should not interfere with meal service timelines.

1.3.3 Holidays. HVAMC meal services operate 7 days a week and all holidays to include New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Juneteenth holiday, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day and any holiday declared by Presidential decree that is not part of the regular federally recognized holiday schedule. Contract staff are expected to work every weekend and holidays.

1.3.4 Special Meals/Event Support. HVAMC patient care units often request NFS support with food/prepared items to support patient care and therapy. Contractor staff will support the meal service with clean-up of the area, wiping down serving spaces, removing trash and soiled dishware or china and utensils, and mopping the floor.

1.3.5 Emergency/Contingency Services. HCAMC has an emergency plan that will provide scaled-back services and disposables. The plan will be executed by government employees, advising contract staff how they can assist. Contract staff are considered to be essential personnel and to report to work during inclement weather, as specified by contract company.

1.3.6 Pandemic/Infection Control Operations. Contract staff will adhere to the PPE requirements as mandated by Hampton VAMC Infection Prevention.

1.3.7 Quality Control (QC). NFS supervisors conduct daily inspections in the kitchen for safety and sanitation. NFS participates in the organization-wide Environment of Care and Office of Investigative General Food Service inspections. These are conducted quarterly with an interdisciplinary team. The contractor will participate in correcting any deficiencies noted during all inspections. The contractor will be responsible for participating in any additional training requirements indicated because of findings on any inspection.

1.3.8 Training. Contract personnel will complete the National Restaurant Association ServSafe Essential Program Food Service Workers. ServSafe Manager program is required for the Supervisors, Leads and person in charge. They will have record of certification of completion and maintain certification throughout the contract period.

1.3.8.1 Contractor personnel will not participate in the NFS training sessions unless the sessions are specific to food service operations.

1.3.8.2 The contractor will ensure that pertinent information for operations and the organization is disseminated, and quality control reporting occurs.

1.3.8.3 Contractor personnel will attend annual fire-safety training with the NFS staff.

1.3.8.4 VA 10204 Privacy & HIPPA (print copy) course (course number may change throughout contract duration) provides the mandatory yearly privacy training requirement for personnel such as volunteers and contractors without access to VA computer systems or VA sensitive information. Contractor employees will have access to meal tickets which are considered Private Health Information (PHI). They will be required to take the HIPPA training, provided by contract supervisor (print version of training).

1.3.9 Security Requirements.

1.3.9.1 Identification Badges: The Contractor shall ensure that their staff wear visible identification above the waist and company uniforms, always while on the premises of the VAMC.

1.3.9.2 Parking: It is the responsibility of the Contractor to park in the appropriate designated parking areas. Locations where contractors can park are regulated by the Police Service and may change during the duration of the contract. Contractors must comply with parking regulations imposed by the Police Service. Contract staff may not park in the patient or visitor parking lots. Parking information is available from the VA Police Section. The VAMC will not invalidate or make reimbursement for any parking violations of the contract employees under any conditions.

1.3.9.3 Smoking: Smoking including vaping is prohibited inside any buildings or outside anywhere on the grounds or campus at any of the VA Medical Centers.

1.3.9.4 Weapons: Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to a search. Violations of VA regulations may result in citations answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

1.3.10 Protection of Government Property. During work execution, the Contractor shall take special care to protect Government property including furniture, walls, baseboards, and other surfaces. Accidental splashes shall be removed immediately. Damage resulting from the Contractor operations shall be repaired by the Contractor, including painting, refinishing, or replacement, if necessary, at no additional cost to the Government. The Contractor shall be responsible for meeting OSHA/Safety requirements in the performance of the work. This shall include, but not limited to, taking all the necessary precautions to protect the patients, visitors, and/or staff at each location. The Contractor shall be held responsible for any injuries and/or damage, which may be caused because of the Contractors failure to adhere to these requirements.

1.3.11 Employee Campus Access Badges. Contract Personnel will not be sponsored for a badge until the contract staff is fully adjudicated through the Personnel Security Adjudication Center (PSAC) and a Certificate of Investigation (COI) has been issued. The Contract Supervisor shall submit requests for adjudication to the contract COR or designated sponsor for their personnel. When submitting documents for adjudication, the contract supervisor will have the requestor complete the following forms: Declaration for Federal Employment, Additional Information form, and Self-certification of Continuous Service (and any other documents requested by the Personnel Adjudication Center, as they may vary over the course of the contract). These forms should be sent via secure messaging or hand delivered to the contract COR or designee. Initially, an applicant will be sponsored for fingerprinting. Renewal of badges shall be submitted at a minimum of 30 workdays before expiration to the VA NFS Sponsor. The contract COR will notify the Contractor site supervisor when the applicant is favorably adjudicated, and the employee may start to work. Badge requests shall not be resubmitted if the National Security Agency (NSA) has deemed the individual a mitigated security risk. Once the notice has been given to the contract COR of the rejected badge, the COR will not entertain further requests for the individual for at least 180 days or until notified by the NSA office of mitigated security risk. The process of badging may change throughout the contract; the process is not determined by NFS but by the PIV office. Badging must be reissued each option year.

1.3.12 Physical Security. The contractor shall safeguard all Government property. Contract staff will have limited access to subsistence storage.

1.3.13 Information System Officer, Information Protection. Contract personnel shall not have access to VA desktop or laptop computers, nor will they have access to online resources belonging to the government while conducting services in the applications of complex adaptive system theory to health care organizations. The certification and accreditation requirements do not apply to this contract procurement nor is a security accreditation package required. Contract personnel will not have access to the food service operations software.

1.3.14 Privacy Officer. Contract personnel will not have access to computerized systems containing PHI nor will they access patient information during the services provided to the VA. The contractor nor contract personnel will have no access to the NFS fiscal information, workload data, patient workload data, or equipment purchasing information. Contract personnel will see tray tickets that may contain protected personal information (PPI).

1.3.15 Contractor Automation Security Requirements. Contractor personnel will not use any form of removable storage media when providing services under the terms of this contract. Removable storage media includes but is not limited to USB thumb drives, MP3 Players, and external hard drives. Contract personnel under this contract should not have access to VA information. Under the terms of this contract, there should be no requirement for the Contractor to request any exception to this clause.

Records Management:

1. Citations to pertinent laws, codes, and regulations such as 44U>S>C Chapter 21, 29, 31, and 33; Freedom of Information Act (5 U.S.C. 552); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the I.S. Government, for which the Government Agency shall have unlimited rights to use, dispose of or disclose such data contained therein as it determines to be in the public’s interest.

3. The contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using the Government “IT” equipment and/or Government records.

4. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

5. The contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

6. The Government Agency owns the rights to all data/records produced as part of this contract.

7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. The contractor must deliver enough technical documentation with all data deliverables to permit the agency to use the data.

8. Contractor agrees to comply with Federal and Agency records management policies including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] mode of transmission [email, fax, etc.] or state of completion [draft, final, etc.]

9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage, or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C.2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

10. Contractor is required to obtain the Contracting Officer’s approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

1.3.16 HIPPA Compliance: Contractor must adhere to the provision of Public Law 104-191 Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI). As required by HIPAA, the Department of Health and Human Services (HHS) has promulgated rules governing the security use and disclosure of PHI by covered entities, including the Department of Veterans Affairs (VA). In accordance with 45 CFR 164.502€, the Privacy Rule includes exceptions to the Business Associate Standard. This requirement meets the exception and does not require a Business Associate agreement for the Covered Entity to disclose PHI to a healthcare provider for treatment. There will not be federal records created, maintained, used, or dispositioned with this contract; regardless of format [paper, electronic, etc.] or mode of transmission [email, fax, etc.].

1.3.17 The Joint Commission (TJC), Long Term Care Institute (LTCI), VHA, and Other Standards. The Contractor must perform work required to meet the regulations and requirements of regulatory agencies TJC, VHA standards for food service operations, and LTCI Life Safety Code. Failure of Contractor staff to adhere to the requirements and standards of these external monitoring agencies indicates poor quality of care and may be grounds for termination of the contract. NFS COR will notify CO within 24 hours of any incidences of Contractor personnel to follow regulatory standards, processes and standards which violate regulatory requirements.

1.3.18 Personnel Policy.

a. The Contractor shall be responsible for protecting the personnel furnishing services under this contract. To carry out this responsibility, the contractor shall provide the following for these personnel:

· Worker’s compensation

· Liability insurance

· Health examinations

· Income tax withholding

· Social Security payments

b. The parties agree that such contractor-furnished personnel shall not be considered VA employees for any purpose and shall be considered employees of the contractor.

c. The contractor will provide current copies of these records at the time of the contract award and annual on the anniversary date of the contract award to the VA Contracting Officers Technical Representative (COTR), or upon request, for each of the contractor employees working on the contract.

d. Candidates are required to be eligible for US employment and able to provide proof of employment eligibility. IT is the responsibility of the Contractor to assure their candidates have proof of citizenship or proof of the candidates’ right to work under a U.S. Citizenship and Immigration Services (USCIS) VISA program.

Submit the proper documentation and reports to receive payment for this service. See the information below:

A. Invoices and Payment

a. Payment to be made monthly, in arrears, following satisfactory performance by Contractor’s personnel and upon receipt of a properly prepared invoice.

b. Contractor shall be required to invoice through the Tungsten System at http://www.tungsten-network.com/us/en/veterans-affairs/. Additional information regarding Tungsten shall be provided upon award.

c. The contractor shall have current registration in the System for Award Management (SAM) for this solicitation; URL: www.sam.gov.

d. The invoice MUST be itemized to include the following information. Any information listed below, and not provided on an invoice, will render that invoice incomplete and the invoice will be returned for immediate correction.

i. Time period being invoiced for.

ii. Description of services performed.

iii. Unit Cost billed.

iv. Extended amount due.

v. Invoice number, date, and amount partial or full

vi. Contract and obligation numbers.

CONTRACTOR PERFORMANCE AND NOTIFICATION:

In the event that the Contractor is unable to perform services or have services performed as required, the Contractor shall immediately notify the VA COR manager and provide a justification for non-performance. The Contractor will be expected to fulfill the requirements of the contract in inclement weather, during electrical or water outages or shutdowns or equipment failure to the best of their ability. The VA will re-procure services that cannot be performed by the Contractor. The Contractor shall indemnify the VA for excess re-procurement cost, which may result from the Contractor's inability to perform the required service or for non-response during off business hours. Payment of re-procurement costs shall not relieve the Contractor from any other provision in this contract. The VA will be the sole judge in determining when services will be re-procured. The failure of the Contractor to perform services within the required time frames and in accordance with terms and conditions may result in termination of the contract.

PERFORMANCE MONITORING

Performance under the contract will be monitored and evaluated as per Quality Assurance Surveillance Plan (QASP) by VA Nutrition and Food Service Supervisors, Managers and Leadership. Performance objectives may be modified during program operation, upon written agreement of the contractor and VA NFS Leadership and COR.

The contractor shall comply with the following performance objectives outlined in the QASP.

TRAINING/LICENSES/QUALIFICATIONS:

The Contractor shall provide fully trained, experienced, professional food service staff, legal residents, or U.S. citizens and be fluent in the English language. Contractor personnel shall be at least 18 years of age, have no criminal history, and be able to perform all general duties, functions, and activities as required. The Contractor will not submit for hire any persons with a past federal conviction. The contractor’s staff qualifications shall also include expertise in the proper operations of food service sanitation, and a commitment to the highest level of respect, courtesy, compassion, and safety.

SUBCONTRACTING: The Contractor will manage the contract and not subcontract.

Chapter 2

GOVERNMENT-FURNISHED PROPERTY AND SERVICES

2.1. The Government will provide the facility, equipment, and materials used for nourishment assembly and snacks/nourishment transport, ware washing, and sanitation.

2.2. Utilities. The Government will provide all utilities used in the NFS kitchens. The Contract company may provide phones for supervisors for official business. Food service personnel are not permitted to use cell phones in the kitchens.

2.3. Housekeeping Supplies, Materials and Equipment. The government will provide all supplies, equipment, and materials used for kitchen and ware washing sanitation and operations.

2.4. Personal Protective Equipment. The government will provide surgical masks, face shields, and N95 masks for use during pandemics or emergency operations requiring personal protection. The government will provide plastic aprons, hair and beard restraints, and gloves for serving and cleaning.

APPLICABLE PUBLICATIONS AND DIRECTIVES

Publications and directives applicable to this PWS are listed below. The Contractor shall ensure personnel follow these publications to the extent that it is referenced in the PWS. At the start of the contract, the Government provides all publications and forms listed.

The Government may issue supplements, updates, or amendments to listed publications from any organizational level during the life of the contract. The Contractor shall keep all issued publications up to date. The Contractor shall immediately ensure personnel adhere to changes in publications. Before implementing any changes that increase in contract price, the Contractor will submit to the Contracting Officer a price proposal for approval. Price proposals shall be submitted within 30 calendar days from the date the Contractor receives notice of the revision supplement, or amendment giving rise to the increase in cost of performance. The Government will consider changes in the contract price due to supplements and amendments shall be considered under the “Contract Terms and Conditions-Commercial Items” clause.

Publications Code:

VHA – Veterans Health Administration FDA – Food and Drug Administration HVAMC – Hampton Veterans Affairs Medical Center TJC – The Joint Commission CMS – Center for Medicare/Medicaid Services PUBLICATIONS, Surveys, Inspections and Directives:

2022 Edition of the FDA Food Code Food Code 2022 | FDA

VHA Directive 1439 – Food Service Management - Attached OIG Food Service Inspection Form – Attached CMS 200.55 Kitchen Survey Inspection Form – Attached

National Restaurant Association ServSafe Certification https://www.servsafe.com/ Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI) https://www.govinfo.gov/content/pkg/PLAW-104publ191/pdf/PLAW-104publ191.pdf

45 FR 164.502€

https://www.law.cornell.edu/cfr/text/45/164.502

Privacy Act, 5 U.S.C 552a https://www.law.cornell.edu/uscode/text/5/552a

38 U.S.C 5701 https://www.law.cornell.edu/uscode/text/38/5701

TJC website https://www.jointcommission.org/

Food Production Guidance Basic food service operations include all standards in written guidance, policies, directive and 2022 Food Code as well as regulatory requirements of TJC and CMS through LTCI surveys. Some basic operational standards include but are not limited to:

1. All prepared nourishments and snacks will be stored at appropriate temperature, covered, labeled, and dated with expiration date of product.

2. Separate cutting boards will be used for preparation of raw and cooked products. Cutting boards must be washed, rinsed, and sanitized between each use.

3. All work surfaces will be washed, rinsed, and sanitized before and after use and when it is soiled.

4. Food inventory and stocking of subsistence and nourishments will be stored in a First in First out (FIFO) manner to ensure all food products are rotated using the oldest products first.

5. Dry food is stored in a clean dry area on shelves that are 6” or more above the floor.

6. Non-food supplies will be stored in a separate area from food items. Cleaning supplies will be identified and stored in locations that are not near food items or food prep areas.

7. Personnel shall always wear hair and/or beard restraints in the kitchen, according to policy.

8. Personnel shall not wear jewelry, fake nails, nail polish, fake eyelashes or have cell phones in the kitchen, according to policy. Only allowed hair restraints (hair net) are allowed, no bandanas or handkerchiefs. Shoes should be black.

9. Foods are prepared and stored in strict accordance with the 2022 FDA Food Code for safe food handling.

10. Prepared foods will be maintained at a temperature below 41 deg F or above 135 deg F. Meats will be cooked to the internal temperatures as outlined in the 2022 Food Code.

11. Kitchen areas will be cleaned during and after use and maintained in a sanitary and organized manner.

12. Personnel will always practice hand hygiene in the kitchen and on the patient units, according to policy.

13. Waste will be removed from trash cans before the can is filled or overflowing. Trash bins will be emptied in the dumpsters located on the back dock when they are full.

14. Cardboard will not be present in food preparation areas. Cardboard will be removed to recycling bins as designated.

15. Once items removed from tray assembly area refrigerators, clean and sanitize any spills and remove food particles. Outdated items will be removed and discarded.

Personnel Staffing Estimates Baseline Requirements

(End of Statement of Work)

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

SUPPORT NUTRITION AND FOOD SERVICE

Contract Period: Base POP Begin: 09-20-2026 POP End: 09-19-2027

LOCAL STOCK NUMBER: FCP 1024

SUPPORT NUTRITION AND FOOD SERVICE

Contract Period: Option 1 POP Begin: 09-20-2027 POP End: 09-19-2028

SUPPORT NUTRITION AND FOOD SERVICE

Contract Period: Option 2 POP Begin: 09-20-2028 POP End: 09-19-2029

SUPPORT NUTRITION AND FOOD SERVICE

Contract Period: Option 3 POP Begin: 09-20-2029 POP End: 09-19-2030

SUPPORT NUTRITION AND FOOD SERVICE

Contract Period: Option 4 POP Begin: 09-20-2030 POP End: 09-19-2031

B.3 DELIVERY SCHEDULE

FOOD SERVICE

100 EMANCIPATION DR

HAMPTON, VA 23667

USA

ALL

757 722 9961 x 3615 Yolander.Allen@va.gov

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if—

(A…