70B03C20Q00000088 - Statement of Work - SWB Detainee Meals - April 2020.pdf

U.S. DEPARTMENT OF HOMELAND SECURITY (DHS)

U.S. Customs and Border Protection (CBP)

STATEMENT OF WORK (SOW)

FOR

U.S. Border Patrol (USBP) and Office of Field Operations (OFO) Southwest Border Area of Operations (AO)

Detainee Meals

April 2020

70B03C20Q00000088 ATTACHMENT ONE BPA Statement of Work

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Detainee Meals –Southwest Border AO

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Statement of Work

Detainee Meals U.S. Border Patrol (USBP) and Office of Field Operations (OFO)

Southwest Border Area of Operations

1. BACKGROUND

U.S. Customs and Border Protection (CBP), through its component offices of the United States Border Patrol (USBP) and the Office of Field Operations (OFO), has a requirement for the delivery of pre-packaged/prepared, ready-to-eat meals across the United States Southwest Border Area of Operations (SWB AO) in support of detainees held in temporary holding facilities. CBP requires meals meeting the specifications stated herein to be delivered to certain locations within the following USBP Sectors and OFO Field Offices:

CBP US Border Patrol Sectors

1. San Diego Sector

2. El Centro Sector

3. Yuma Sector

4. Tucson Sector

5. El Paso Sector

6. Big Bend Sector

7. Del Rio Sector

8. Laredo Sector

9. Rio Grande Valley Sector

CBP Office of Field Operations Locations

10. San Diego Field Office

11. Tucson Field Office

12. El Paso Field Office

13. Laredo Field Office

More specific location information is set forth in Appendix 2 – Location Data.

The meals required are for USBP and OFO facilities, which are generally designed to hold detainees temporarily until their processing is complete and they are transferred to better-equipped facilities or otherwise transferred out of CBP custody. The foremost consideration and priority regarding the welfare and nutrition for detainees is that they are expeditiously transferred out of CBP Custody.

While in temporary holding, each detainee shall receive three (3) meals a day, which includes breakfast, lunch, and dinner, with an emphasis on the safety of food sources and meeting basic, age-appropriate caloric intake and hydration needs.

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The specific requirements for meals delivered under the BPAs may vary in quantity within the categories as set forth in the BPA Pricing Sheet, by Sector and Field Office. However, CBP nutrition practices, in general, shall be consistent with all applicable standards set by the United States Department of Agriculture (USDA), as well as those of the Food and Drug Administration (FDA). Refer to Section 3.

To provide for coverage over a wide range of locations, CBP intends to establish Blanket Purchase Agreements (BPAs) to fulfill these requirements. CBP envisions that some BPAs will cover a small number of CBP locations, whereas one or more BPAs may cover the entirety of the SWB AO locations. The BPAs shall establish fixed-unit pricing, broken down by location, based on the various meal specifications outlined in Section 4.

The BPAs to be established for this requirement are not mandatory for use. Throughout the five (5)-year ordering period of the BPAs, it is likely that locations may utilize individual orders from those agreements in order to fulfill their needs entirely. However, any location may use other existing contractual instruments and/or individual purchase card orders, to fulfill their needs in addition to these BPAs.

2. SCOPE

The Contractor shall furnish all equipment, materials, labor, resources and supervision for the delivery of ready-to-eat meals that meet the specifications provided herein.

Some locations indicated in Appendix 2 – Location Data may operate twenty-four (24) hours a day, seven (7) days a week, while hours of operation at other locations will vary. At all locations, the number of detainees is constantly in flux. The goal of this agreement is to provide a dynamic and flexible mechanism to enable CBP to order meals as needed, where needed, in order to feed the constantly changing detainee population(s) in all areas, at all times without any shortages, while minimizing overages and waste. An authorized CBP official at a location will generate an order, possibly via Government Purchase Card (GPC), on an as-needed basis, in accordance with the BPA Ordering Guide. As orders are placed against the BPAs, each individual ordering location shall provide designated points of contact to coordinate with the agreement holder for meal selection and delivery/logistics purposes.

The delivery of ready-to-eat breakfast, lunch, and dinner meals will save the Government significant time over having to heat previously frozen or shelf-stable meals. All food delivered must meet USDA and FDA health standards, which include Federal, State, and County health and food handling regulations. Food offered for consumption must meet the following minimum requirements:

a. It must be obtained from licensed wholesale or retail sources; prepared in a licensed location, e.g., restaurant, commercial kitchen, or bakery; and stored and transported by means that effectively prevent microbial growth, contamination, or adulteration. Refer to the following for safe handling of food:

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b. A licensed company that has passed all health certification standards for operation as a food-handling facility must prepare it. Current and applicable health certifications shall be included with each quote. Each meal package shall be marked with the preparation date and expiration date.

c. All food handlers shall comply with applicable Federal, State and local health laws and regulations.

The Contractor shall be responsible for delivery and offloading of all meals directly to the location specified in the order.

The expected average meals required at the larger locations (such as Sector Stations or soft-sided facilities) is 1500 meals each day (500 meals each for breakfast, lunch and dinner), while smaller locations (such as Ports) may require, on average, 300 meals per day (100 meals each for breakfast, lunch and dinner) or less. During peak periods, orders may increase (some large locations have required up to 3000 meals per day: 1000 meals each for breakfast, lunch and dinner), but individual requirements at each location shall dictate orders. The Government shall place orders in accordance with the procedures outlined in the BPA Ordering Guide.

The hours of operation at each location vary based on mission requirements at each location.

Standard meal delivery periods shall be between the hours of 6:00 AM and 6:00 PM. Meal deliveries outside of those periods, e.g., meals for late arrivals, may be required and outlined within the individual orders as they are placed against the BPAs.

3. APPLICABLE DOCUMENTS

1. US Food and Drug Administration (FDA) Guidance Documents:

https://www.fda.gov/regulatory-information/search-fda-guidance-documents

2. FDA Industry Guidance on Serving Sizes: https://www.fda.gov/regulatory-information/search-fda-guidance-documents/guidance-industry-food-labeling-serving-sizes-foods-can-reasonably-be-consumed-one-eating-occasion

3. US Department of Agriculture (USDA) Dietary Guidelines for Americans:

https://www.dietaryguidelines.gov/current-dietary-guidelines

4. USDA Food Safety and Inspection Service – Basics for Handling Food Safely:

https://www.fsis.usda.gov/wps/portal/fsis/topics/food-safety-education/get-answers/food-safety-fact-sheets/safe-food-handling/basics-for-handling-food-safely/ct_index

5. FDA Food Code 2017: https://www.fda.gov/media/110822/download

6. CBP National Standards on Transport, Escort, Detention, and Search (TEDS) (Oct.

2015), as amended: https://www.cbp.gov/document/directives/cbp-national-standards-transport-escort-detention-and-search

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4. SPECIFICATIONS

The Contractor shall deliver pre-packaged/prepared, ready-to-eat meals meeting the following specifications to locations specified in orders placed under its BPA.

Based on the age and diverse/restricted diet specifications outlined in Sections 4.1 and 4.2 below, the Contractor shall submit separate menus, including pricing, with its quote. The Contractor shall be afforded leeway in the development of meal offerings within industry standards, but each meal menu shall meet all nutritional guidelines outlined in Section 3.

4.1. Menus Shall Be Categorized into Age-Appropriate Categories

The Contractor shall provide menus categorized based on the below listed age groups:

a. Tender Age Children (Ages 2 through 12)

b. Older Children (Ages 13 through 17)

c. Adults (Ages 18 and older)

Menus shall each be comprised of three meals: breakfast, lunch and dinner. Refer to Appendix 1 (Excerpt from USDA 2015-2020 Dietary Guidelines for Americans, Table A7-1, Daily Nutritional Goals for Age/Sex Groups Based on Dietary Reference Intakes & Dietary Guidelines Recommendations). Each menu for Tender Age Children shall meet or exceed the “Male 9-13” current USDA daily nutritional guidelines, except for iron levels, which shall meet or exceed the “Male 4-8” guideline. Each menu for Older Children shall meet or exceed the “Male 14-18” current USDA daily nutritional guidelines, except for iron levels, which shall meet or exceed the “Female 14-18” guideline. Each menu for Adults shall meet or exceed the “Male 19-30” current USDA daily nutritional guidelines, except for iron levels, which shall meet or exceed the “Female 19-30” guideline. A selection of fruits (fresh if available) shall be incorporated into each menu.

Each meal, to comply with TEDS (Applicable Documents #6) shall provide a choice of beverages:

milk, water and juice.

Note: This agreement does not include the requirements for children under 2 years of age, i.e., formula or similar infant needs.

4.2. Additional Meal Specifications

CBP holds individuals from scores of countries with diverse food and nutrition habits. While it is not feasible to cater to all cultural and dietary needs, the Contractor shall provide menus that include choices in each of the following categories, at a minimum:

a. Menus for each age category that offer fiber-rich choices.

b. Menus for each age category that accommodate a Vegetarian Diet.

c. Menus for each age category that accommodate a Gluten-free Diet.

d. Menus for each age category that accommodate a Pork-free or Pork By-Product-free Diet.

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Menus shall clearly indicate the appropriate age and diverse/restricted diet categorization and all three meals in a menu shall meet the same categorization. Additional categories of diverse food/restricted diet categories based on industry standards may be proposed as well and will be reviewed by the Government for possible inclusion in any awarded BPA(s).

Regardless of age or dietary restriction, two of a detainee’s three daily meals must contain a hot entrée.

4.3. Delivery of Food and Packaging

Food items shall be Free-on-Board (FOB) delivery only. The Contractor shall not be required to serve the food. The Government shall distribute meals upon receipt. Unless otherwise specified, all meals to be delivered under the BPAs shall be preserved, packaged, and packed in accordance with standard commercial practices to meet the packing requirements of the carrier and ensure safe delivery at destination. Preservation, packaging and packing shall provide adequate protection against physical damage during shipment for all deliverable items.

There are no loading docks or other loading/unloading facilities at any of the delivery locations and the Contractor(s) shall be responsible for the proper offload and delivery of materials and supplies, by use of a handcart or other such Contractor-furnished equipment. Government personnel and/or equipment will not be available to assist in delivering or offloading and unloading of materials.

All initial packing, marking and storage incidental to shipping of food to be provided under the BPAs shall be at the Contractor’s expense.

Standard meal delivery times are between the hours of 6:00 AM and 6:00 PM, within any given location’s time zone. Meal deliveries outside of those periods, e.g., meals for late arrivals, may be required and outlined within an individual order.

Authorized CBP personnel placing orders against these BPAs will allow for a minimum of twenty-four (24) hours advance notification to the BPA holders prior to required delivery.

Contractor shall use only disposable flatware and packaging. Packaging or flatware shall not consist of glass or metal materials.

For all non-vegetarian meals provided, all meat and meat products shall have been slaughtered, processed and manufactured in plants inspected under a USDA approved inspection process and shall bear the appropriate seal. All meat and meat products must be sanitary and free of objectionable odors or signs of deterioration on delivery.

Each individual meal shall be packaged individually. Under no circumstances shall packaging consist of any metal or glass material. Meals must be individually packaged in spill-proof closed containers, heater boxes, or similar containers. The container and overlay shall have a spill-proof closure and shall be composed of plastic and/or polystyrene non-toxic material.

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Each carton or package shall be labeled to include:

a. Processor's name and address (Plant information);

b. Item identity, including age, dietary restriction category, if applicable, and whether hot/cold;

c. Date of production and expiration date; and

d. Quantity of individual units per carton (i.e., ounces, pints, etc.).

The designated Point of Contact (Ordering Official at each location) shall examine the food upon delivery in order to ensure that it is palatable in terms of flavor, texture, temperature, and appearance. CBP reserves the right to reject any food, product, or component thereof, which the POC/Ordering Official has determined, is unacceptable.

At the time of delivery, the Contractor shall secure, account for, and remove all equipment (such as carrying containers) and supplies.

The Contractor shall adhere to the following sanitation and health guidelines:

https://www.fsis.usda.gov/wps/portal/fsis/topics/food-safety-education/get-answers/food-safety-fact-sheets/safe-food-handling/basics-for-handling-food-safely/ct_index

The Contractor shall comply with all applicable local, state, and federal health and sanitation department requirements with respect to food selection, storage, and delivery throughout any ordering period. The Contractor shall obey and abide by all applicable laws and ordinances.

Appropriate certifications shall be available for inspection by the designated Points of Contact (Ordering Officials).

Food handling must meet all temperature requirements specified by Federal, State and local regulations. Two (2) of the three (3) daily meals included in a menu must be delivered hot. Refer to the above link for USDA’s safe food handling guidance.

The Contractor shall have valid licenses/certifications as required by the states where they operate in support of this requirement. The Contractor shall forward copies of all required licenses/certifications to the Contracting Officer with its quote package. The Contractor shall provide certifications of all subcontractors under the awarded BPA at time of award.

4.4. Physical Fitness of Food Handlers

In supplying meals under the BPA, the Contractor shall only employ food handlers who meet the physical fitness and health and safety criteria established within the current edition of the FDA Food Code. This examination shall be completed before a food handler is permitted to handle meals to be supplied under this BPA and certification/standards shall be maintained thereafter.

Documentation of the initial examination(s) is due within 10 business days after BPA award, and updates and renewals of the documentation are due annually thereafter or upon request of the CO or COR.

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4.5. Food Safety Plan / Quality Control Plan

Each prospective Quoter shall submit a Food Safety Plan/Quality Control Plan with its quote. At a minimum, the Plan shall provide for the following:

1. Hazard Analysis – Written plan to ensure identification of food hazards known or reasonably foreseeable in order to ensure the safe handling and preparation of food. This includes the following controls at a minimum:

a. Preventive Controls – plan to ensure controls are in place to ensure hazards do not exist or are significantly minimized or prevented to ensure that food is not adulterated.

b. Process Controls – procedures in place to ensure control parameters are met, such as those for cooking, refrigerating and acidifying foods.

c. Food allergen controls – written procedures to control allergen cross contact and ensure allergens are appropriately labeled.

d. Sanitation controls.

2. Monitoring of the Plan - Identification of a quality control inspector or process to ensure, at a minimum, that constant oversight is maintained of all food processing and preparation processes, including supply chain management and recalls.

During the term of the BPA(s), the Contractor shall adhere to its Food Safety Plan/Quality Control Plan.

5. DELIVERABLES

ITEM # SECTION # DELIVERABLE DUE DATE

1 4.5 Food Safety Plan /

Quality Control Plan Initial with quote.

Finalized within 10 business days after award of BPA.

2 9 Quarterly Sales Activity Report

Sample submitted with quote.

Quarterly submission required during performance.

3 2b Current business health certification

Submitted with quote.

4 4.4 Food Handler Physical Examination Documentation – Initial

10 business days after award of BPA.

5 4.4 Food Handler Physical Examination Documentation – Update/Renewal

Annually at anniversary date of award, and upon request of CO or

COR.

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6. GOVERNMENT FURNISHED EQUIPMENT AND INFORMATION

Government furnished equipment shall not be provided. No information beyond the Government’s order requirements shall be provided.

Any information made available to the Contractor by the Government shall be used only for carrying out the provisions of the BPA as awarded, and shall not be divulged or made known in any manner to any persons except as may be necessary in the performance of the BPA.

The Contractor shall not use, disclose, reproduce, or otherwise divulge or transfuse to any persons any technical information or data licensed for use by the Government that bears any type of restrictive or proprietary legend except as may be necessary in the performance of the BPA.

In performance of this BPA, the Contractor assumes the responsibility for protection of the confidentiality of all Government records and/or protected data provided for performance under the BPA. Contractor shall further ensure that (a) all work performed by any subcontractor is subject to the disclosure restrictions set forth above and (b) all subcontract work is performed under the supervision of the Contractor or its employees.

7. DELIVERY LOCATIONS

See Appendix 2 for the list of the locations that require provision of meals. Contractors may provide quotes for all or a portion of the USBP Sectors and OFO Field Offices, based on their capabilities.

The BPA Contracting Officer as needed during the BPA ordering period may add additional locations within the identified SWB AO USBP Sectors and OFO Field Offices.

8. ORDERING PERIOD

The ordering period shall begin at award and proceed through a 5-year term. The BPAs shall be evaluated annually for continued use.

9. REPORTING REQUIREMENT

The selected Contractor(s) shall provide a Quarterly Sales Activity Report to the BPA Contracting Officer within 15 calendar days after the end of each quarter following award, using any electronic format desired. Each Quarterly Sales Activity Report shall contain, at a minimum, the following information: (1) monthly summary of orders under the BPA from the previous quarter by organizational component; (2) cumulative summary of orders under the BPA to date by organizational component; (3) any issues that need attention; and (4) line item detail for each product purchased in an order. For example, if one order consists of three (3) products, there shall be three (3) entries under that one order number.

Quarterly Sales Activity Reports shall be provided in electronic format and emailed to the BPA Contracting Officer (CO). The subject line of the email notice presenting the submission of the

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Quarterly Sales Activity Report shall be annotated with – “BPA [Number], SWB Detainee Meals Quarterly Sales Activity Report [Quarter/Year].” Negative sales reports are required from awarded Contractors if applicable.

10. SECURITY: DELIVERY PERSONNEL

Upon acceptance of an order, the Contractor shall submit to the USBP and/or OFO Sector/Location Security Specialist the names of those Contractor employees who will be transporting and dropping off the meals and who will require access to USBP and OFO locations. This Security Specialist shall be identified at the time of the order, and shall provide the necessary forms to the Contractor for vetting purposes. No deliveries will occur until the Security Specialist formally vets employees.

Contractor employees shall provide company-issued identification/credentials to the on-duty CBP Supervisor upon each meal delivery.

Vehicles shall be conspicuously marked with Contractor identification.

The Contractor shall also provide employee information on any subcontractors requiring access to the USBP and/or OFO facility locations under these BPAs. The Contractor shall provide subcontractor employee names and other information to the COR and the Security Specialist for clearance prior to seeking access to CBP facilities.

The Contractor shall notify the COR via electronic transmission, no later than one work day after any delivery personnel changes occur. This includes, but is not limited to, name changes, resignations, terminations and reassignments.

11. SPECIAL CONSIDERATIONS

11.1. Federal Holidays

The Contractor may be required to maintain food deliveries during all Federal Holidays and all weekends.

11.2. Changes to the BPAs

No changes to the resulting BPAs or cost increases shall be incurred without written prior approval of the BPA Contracting Officer (CO) as coordinated by the COR. Only the BPA CO has the authority to approve and authorize any changes to the BPA.

Any deviation from the BPA shall be coordinated with the BPA CO and COR. No changes or cost increases will take effect unless and until the BPA Contracting Officer executes a written modification to the BPA.

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11.3. Points of Contact

All BPA questions and concerns shall be directed to the point of contact designated below. The BPA Contracting Officer is the only individual with the authority to amend these BPAs.

Contracting Officer

Frank S. Duarte Contracting Officer (CO) US Customs and Border Protection Border Enforcement Contracting Division – Pacific Branch Tucson AZ Phone: (mobile) 202-425-1775 Email: frank.s.duarte@cbp.dhs.gov

Program Office(s)

See Appendix 2 for location information.

Points of Contact - Contact information will be provided at time of individual orders.

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