488th Catered Meals - PWS.docx

PERFORMANCE WORK STATEMENT (PWS) FOR

Catered Meal Services Maine Army National Guard

1.0 General:

1.1 Scope: The contractor must provide all personnel, equipment, tools, materials, supervision, and quality control necessary, except as specified in Paragraph 3.0 as Government Furnished, to perform Catered Meal Services, as defined in this PWS.

1.1.1 Objectives: The 488th MP CO has a requirement for catered meal services to feed approximately 140 Soldiers for their three (3) day training event at Bog Brook Training Area. The contractor must provide all personnel, equipment, tools, materials, supervision, and quality control necessary to serve catered meals as defined in section 5 of this performance work statement (PWS).

1.2 Background: The Maine Army National Guard (MEARNG) at times requires the services 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. Caterers may locate a self-sustaining kitchen trailer or food truck at the requested location. Cooking tents and open/outdoor cooking are not authorized on location. Caterers preparing meals off site must ensure food safety precautions are adhere to at all times. Catered meals are authorized for the National Guard and Reserve Components in accordance with AR 30-22, Operating Procedures for the Army Food Program, Para 3-42. The caterer must provide personnel, supervision, and any items and services necessary to perform full catering services and in accordance with State and Local sanitation law requirements. All setup, serving, breakdown and cleanup will be the responsibility of the contractor. Contractor is not responsible for cleaning dining areas and kitchen areas. Contractor is responsible for cleaning serving lines if utilized.

1.3 Period of Performance (PoP): The Period of Performance must be for a three (3) day period from 1 MAY 2026 to 3 MAY 2026

1.4 General Information:

1.4.1 Place and Performance of Services: The contractor must provide services between the hours of 0700-0800 and 1800-1900, on training dates listed in TE 3, except on recognized US holidays. The contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS. When hiring personnel, the contractor must keep in mind that the stability and continuity of the work force are essential.

Performance must be at:

Bog Brook Training Area 27 Military Cir, Gilead, Maine.

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 must be at no additional cost to the Government.

1.4.1.2 Unscheduled gate closures: Reserved

1.4.1.3 The contractor’s employees must 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 prior approval. All contractor employees must always carry proper identification with them and must be subject to such checks as may be deemed necessary. The contractor must 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 must 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 must 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 must 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 must 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

1.4.5.1.1 Homeland Security Presidential Directive (HSPD)-12 Background Investigation Requirements: Reserved

1.4.5.1.2 Trusted Associated Sponsorship Systems (TASS): Reserved

1.4.5.1.3: Reserved

1.4.5.1.4: Reserved

1.4.5.1.5: Reserved

1.4.5.1.5.1: Failure to comply with these requirements may result in withholding of final payment.

1.4.5.1.6: Reserved

1.4.5.2. For contractors that do not require a CAC, but require access to a DoD facility or instillation: Contractor and all associated sub-contractors’ employees must comply with adjudication standards and procedures using the National Crime Information Center interstate Identification (NCIC-III) and Terrorist Screening Database (TSDB) Army Directive 2014-05), and applicable instillation, facility and area commander installation/facility access, and local security policies and procedures (provided by a Government representative).

1.4.5.3 Awareness Training (AT) Level 1: All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled access areas must complete AT level 1 training within 30 calendar days after contract start date and within 30 calendar days of new employees commencing performance. The contractor must submit certificates of completion for each affected contractor and subcontractor employee to the COR within 15 calendar days after completion of training by each employee or subcontractor personnel. AT level 1 awareness training is available at the following website: https://jko.jten.mil/courses/AT-level1/launch.html

1.4.5.4 iWATCH Training: The contractor and all associated subcontractors with an area of performance within Army-controlled installation, facilities or area must brief all employees on the local iWATCH program (training standards provided by the requiring activity Antiterrorism Officer (ATO)). This local developed training must be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious employees to report suspicious activity to the COR or the KO. This training must be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance. The contractor must report completion for each contractor employee and subcontractor employee to the COR, (if no COR is assigned, delete “to the COR” and replace with “to the KO”) within 15 calendar days after completion of training.

1.4.5.5 Communications Security/Information Technology (COMSEC/IT) Security. All communications with DoD organizations are subject to COMSEC review. All telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. DoD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DoD organizations. Therefore, the contractor is advised that any time contractor personnel place or received a call they are subject to COMSEC procedures. The contractor must ensure wide and frequent dissemination of the above information to all employees dealing with DoD information. The contractor must abide by all Government regulations concerning the authorized use of the Government’s computer network, including the restriction against using the network to recruit Government personnel or advertise job openings.

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

1.4.5.6.1: Reserved

1.4.5.6.2: Reserved

1.4.5.6.3: Reserved

1.4.5.6.4: Reserved

1.4.5.6.5: Reserved

1.4.5.7: Reserved

1.4.5.8: Reserved

1.4.5.9: Reserved

1.4.5.10: Reserved

1.4.5.11: Reserved

1.4.5.12: Reserved

1.4.5.13: Reserved

1.4.5.14: Reserved

1.4.6 Physical Security: The contractor must safeguard all Government property provided for contractor use. At the close of each work period, Government facilities, equipment and materials must be secured.

1.4.6.1 Key Control: Reserved

1.4.6.1.1: Reserved

1.4.6.1.2: Reserved

1.4.6.1.3: Reserved

1.4.6.2 Lock Combinations: Reserved

1.4.7 Special Qualifications: The contractor must 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 must 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 must possess a current American National Standard Institute (ANSI)- Conference for Food Protection (ServSafe) – (or a similar accredited program). The Government will not be liable for the cost of the certification. The ANSI Accreditation certificate can be found at:

ANAB - ANSI National Accreditation Board.

1.4.7.2 The contractor must provide a copy of a current Food Service Establishments Health Inspection report. All food service establishments shall meet and maintain the following minimum Health Code Requirements:

· Food inspection letter grade of “B” or equivalent

· Food Inspection compliance rating of “Good Compliance’ or equivalent.

· A statement of capability that you can provide meals on a 3-Day catering menu (technical exhibit (TE) 3 of the PWS)

1.4.8 Post Award Conference/Periodic Progress Meetings: Reserved

1.4.9 Contract Manager (CM): The contactor must designate a CM who must ensure performance under this contract. The name of this person, and an alternate who must act for the contractor when the CM is absent, must be designated in writing to the KO. The CM or alternate must have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The CM must work through the COR, to resolve issues, receive technical instructions, and ensure adequate performance of services. The CM must 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 must 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: All contractor personnel attending meetings, answering Government telephones and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression that they are Government employees. The contractor must ensure that all documents or reports produced by contractor personnel are suitably marked as contractor products or that contractor participation is appropriately disclosed. The contractor’s status as a “contractor” must be predominantly displayed in all correspondence types (to include signature blocks on e-mail) and dealings with Government or non-government entities. Contractor personnel must wear identification badges, or company t-shirts with company name/logo,

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 must 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 must 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 must 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 must notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and must 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

PART 2

DEFINITIONS & ACRONYMS

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 must 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:

PART 3

GOVERNMENT PROPERTY (GP) AND SERVICES

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: Reserved

3.2 Materials: The Government will provide: Marmites for transportation of prepared meals and disposable plates, napkins, cups, and disposable utensils.

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

3.3 Services: Reserved

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

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

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 must furnish everything required to perform these services.

4.1.1 The contractor must provide condiments, such as, Mayonnaise, Mustard, Ketchup, Steak Sauce, Hot Sauce, Salad Dressing, Syrup, Salt, Peper, etc.

4.2 Secret Facility Clearance: Reserved

4.3 Contractor Security Clearance: Reserved

PART 5

SPECIFIC TASKS

5.0 Requirements: The contractor must:

5.1 Provide a current American National Standard Institute (ANSI) - Confidence for Food Protection - Accreditation Certificate

5.1.1 Ahere to and provide a current Food Service Establishments Health Inspection report. All food service establishments shall meet and maintain the following minimum Health Code Requirements:

· Food inspection letter grade of “B” or equivalent

· Food inspection compliance rating of “Good Compliance” or equivalent

5.1.2 Be in compliance with all Federal, State and local laws, regulations, policies, permits and insurance pertaining to the appropriate food industry, including TB Med 530 (Tri-Service Food Code).

5.1.2.1 Poses Inspection records and additional documentation. Out-of-state caterers shall show evidence that they are licensed in their states and are maintaining sanitary standards at least equivalent to regulations established by the Maine Department of Agriculture.

5.1.2.2 Ensure certificates are displayed and available for inspection at any time during the catering hours. The Government will not be held liable for the cost of certification. The Government will not be held liable for the cost of the certification. The caterer is encouraged to have employees complete the Food Handlers Certification program from an accredited source acknowledged by the Maine Department of Agriculture, Conservation, and Forestry.

5.1.2.3 have DoD Approved Food Sources. Contractors awarded the purchase order will be subject to an initial inspection audit. If required, the Contractor shall be listed in the Worldwide Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement, in accordance with Army Regulation (AR) 40-657.

5.1.2.4 Be In accordance with U.S. Army regulation TB MED 530, prepared food items will be marked with a time 4 hours past the point in time when the food is removed from hot holding and/or refrigeration. (i.e. packaged at 10:00 a.m., four hours past equals 2:00 p.m.).

5.1.2.5 Understand that based on TB MED 530, the Government estimates food preparation conducted at the contractor’s establishment must occur within a 60-mile radius of the delivery location. This allows for transfer of food to the Insolated Food Containers (0.5hrs), transportation to the delivery location (1.5hrs), preparation for service (0.5hrs), and service/serving (1.5hrs).

5.1.2.6 Serve the food within 4 hours from the point in time when the food is removed from temperature control. The food not consumed within the 4-hour limit will be discarded.

5.1.2.7 Supply cooked meals ready to be served within 15 minutes of the specified times. Meals shall be maintained at the proper temperature if transported and throughout the serving periods.

5.2 The caterer shall plan the menu to ensure that no “same main entrée meat, starch or vegetable combination menu” is served within a 7-day period for any lunch or dinner meal. Additionally, no “same menu” for breakfast should occur in a 5-day period. Meal plan shall not include alcoholic beverages of any type. A minimum of two different drinks per meal should be offered.

5.2.1 Provide the catered meals in a buffet style manner.

5.3 Contractor provided mobile kitchens must be licensed/inspected in the state of Maine. Current license and inspections are to be prominently displayed inside the mobile kitchen.

5.3.1 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. To the greatest extent possible, all food should be prepared on the day it is to be served.

5.3.2 Ensure caterer’s staff will wear hairnets and, if they are handling food, wear gloves and have a general neat, clean appearance.

5.3.3 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. If violations occur, the contractor will be notified, and future awards could be jeopardized.

5.4 Deliver timely service as stated in the award document. The caterer shall staff the operation with the optimum number of employees for efficient operation at all times. The staff will place emphasis on quality of service.

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

5.5.1 Ensure second portions will be authorized only when all personnel have been served and if enough food is available.

5.6 Maintain the serving area. The serving area shall be sanitary, clean and in compliance with health standards, ensuring that all individual service items are replenished to provide a pleasant dining environment in either an indoor or outdoor service situation.

5.6.1 Ensure that all contractor employees wash their hands upon reporting for work, immediately after visiting the lavatory, after using tobacco products, and after handling raw meat, poultry, garbage, or soiled items.

5.7 Be responsible for all cleaning up related to the services they provide and the disposition of all leftover food. Refuse/garbage containers will be provided by the Government. Caterer is responsible for emptying these containers into central dumpsters at performance location.

5.8 The COR 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.

5.9 The contractor shall provide special dietary meals upon request from the COR. The contractor will be notified (NLT) five Calander days before scheduled meal dates.

5.9.1 The COR will identify any individuals with special dietary restrictions NLT five calendar days before the scheduled meal date. The Contractor shall accommodate special diets where feasible and within contract meal rates.

5.9.2 The COR will identify any individuals that require a halal option meal, for Service Members due to religious beliefs, NLT for up to five (5) calendar days before the scheduled meal date. These meals shall be clearly marked identifying that they are Halal meals at the time of delivery.

5.10 The contractor shall receive direction(s) 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.

5.11 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/

Ver. October 2022

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)

TECHNICAL EXHIBIT 2

MEARNG Approved Menu/Portion Size Table 3 Day Catering Menus

Technical Exhibit 3 Delivery Schedule

TECHNICAL EXHIBIT 4

1. Purpose The purpose of this document is to confirm that the [Prime Vendor Name] has full confidence in the capability of [Sub-Vendor Name(s)] to provide a maximum of 560 meals as needed in accordance with the PWS.

2. Confirmation A positive acknowledgement below states, that the [Prime Vendor Name] has contacted [Sub-Vendor Name(s)] confirming that they can fulfill the overall requirement IAW the PWS.

Affirming this, [Prime Vendor Name] has assured that [Sub-Vendor Name(s)] has the necessary resources, facilities, and logistical capabilities to meet this requirement IAW the PWS.

3. Conclusion This memorandum serves as an official record of the prime vendor’s confirmation regarding the sub-vendor’s capability. Further actions will be taken based on the response provided.

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