A-2 Combined Synopsis Solicitation Catered Meals.pdf

UTAH NATIONAL GUARD (UTNG) COMBINED SYNOPSIS/SOLICITATION FOR

CATERED AND BOXED MEALS BLANKET PURCHASE AGREEMENT

1.0 Synopsis.

This is a combined synopsis solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a separate written solicitation will not be issued. This solicitation is issued as a request for proposal (RFP).

This acquisition is utilizing NAICS code 722320 Caterers with the small business size standard being $7.5M. This acquisition currently has no Defense Priorities and Allocations System (DPAS) ratings. This requirement is subject to availability of funding per FAR 52.232-18.

1.1 Eligibility for Award.

Offerors must have a current registration in the System for Award Management (SAM) at https://www.sam.gov as of the date of award determination to be eligible for award. Offeror must maintain a current registration in SAM for the entire duration of the BPA in order to eligible for Calls and to facilitate disbursement of payments. Offeror shall ensure all representations and certifications are current in SAM as a condition of award.

1.2 Set Aside.

Any awards resulting from this solicitation will be made using a cascading set-aside order of precedence as follows:

In accordance with FAR Subpart 19.502-2 Total Small Business Set-Aside Procedures, any awards under this solicitation will be made on a competitive basis first to small business concerns in accordance with FAR 19.502-2.

If there are no acceptable offers from small business concerns for a specific location, the set-aside shall be withdrawn and the requirement, if still valid, will be made on the basis of full and open competition considering all offers submitted by responsible business concerns for the location.

1.3 Evaluation.

Award of a BPA shall be made on the basis of Lowest Price Technically Acceptable (LPTA) evaluation criteria considering the base period. An award of BPA will be made to the contractor(s) who offer the lowest rate pricing that does not exceed the maximum allowable rates for meals. The Contractor shall demonstrate through their offer that they will meet or exceed the technical requirements stated within the Performance Work Statement. Issuance of BPA calls shall be made on the basis of established BPA rates from a contractor that is most advantageous to the Government, can service the location of the requirement, and whom has the capability to fulfill the requirement within the time period necessary.

1.4 Orders.

Upon issuance of a Blanket Purchase Agreement, the Contractor may process orders under this BPA through the issuance of a BPA call or may process orders utilizing a Government Purchase Card (GPC) when authorized.

The BPA call may include a Delivery Schedule which will break out the units serviced by a particular call, points of contact for the requirement, locations to be served, projected dates of services and projected numbers of meals authorized by the call. A BPA call may be issued to support the organizational requirements over a multiple month period of performance.

1.5 Payment by Government Purchase Card (GPC).

Purchases under this Blanket Purchase Agreement may be made by Government Purchase Card (GPC) as an alternate form of payment when authorized. Terms established by Contractor’s Blanket Purchase Agreement shall be the same regardless of payment method. Advancement of charges is not authorized. Contractor shall not charge the Government prior to delivery of goods or rendering services. Charges shall be made on or after the date of delivery and consolidated into one charge for the total amount.

1.6 Invoices.

An itemized invoice shall be submitted electronically through Wide Area Workflow (WAWF) located at https://piee.eb.mil/piee-landing/ for each BPA call received when services are performed. If the BPA call covers multiple units and/or multiple months of performance; The Contractor is authorized to submit multiple invoices against the BPA call by Contract Line Item Number (CLIN). When the Contractor is submitting an invoice in WAWF, it is critical that the Contractor does not check final invoice against a Contract Line Item Number or the BPA call unless it is the final invoice they will submit against that particular BPA call. Failure to do this may result in delay of payment. In addition, draft paper invoices will be emailed to the “Authorized Caller” and Contracting Officer Representative (COR) that initiates the services with the Contractor. This is to clear up any discrepancies prior to the invoice being entered into WAWF and to help facilitate receipt of services by the Government. Paper Invoices shall contain the following minimum information:

1) Contractor Name, address, and phone number.

2) BPA Call number (if applicable).

3) Date(s) of delivery.

4) Purchase Request reference number (if applicable)

5) Quantities delivered, unit cost, and total cost.

6) Invoice total amount due.

7) The Utah National Guard is a federal government entity, and as such is exempt from all local, state, and federal taxes, including but not limited to sales taxes. Any charges or invoicing that includes taxes shall be disputed/declined by Government, if charged or invoiced by Contractor.

1.7 Electronic Invoicing through Wide Area Workflow (WAWF).

To meet compliance with DFARS 252.232-7003, Electronic Submission of Payment Requests, all Contractors must submit requests for payment (invoices) through WAWF. Additional information and registration for WAWF can be completed online at https://piee.eb.mil/piee-landing/. Payment will be made by DFAS office designated in the BPA. All payments on BPA Calls will be made by electronic transfer of funds (EFT). The Government will make payment through WAWF upon satisfactory completion of work and proper invoice that permits certification for payment.

1.8 Payment.

Upon verification of invoices / charges submitted through WAWF by authorized UTNG personnel, the invoice will be paid by Electronic Funds Transfer (EFT) IAW the Prompt Payment Act as the primary form of payment, but may be made by GPC when authorized.

PERFORMANCE WORK STATEMENT (PWS)

FOR

Catered and Boxed Meal Services

2.0 General:

2.1 Scope: The contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary, except as specified in Paragraph 4.0 as Government Furnished, to perform Catered and Boxed Meal Services, as defined in this PWS.

2.2 Background: The United States Property and Fiscal Office (USPFO) for Utah intends to establish multiple Blanket Purchase Agreements (BPA’s) for the preparation, delivery, and serving of prepared meals to support units throughout the State of Utah for training requirements throughout the year. The Government’s intent is to establish BPA’s to facilitate UTNG units training cycle throughout the State of Utah for a base period of five (5) years. Requirements to support UTNG soldiers outside the State of Utah may occur which may require catering support if available by the Contractor. The Government is obligated only to the extent of authorized purchases actually made under this BPA. The master BPA will not obligate any funds. Funds will be obligated by the individual BPA calls made against this master BPA. There will be no minimum purchase required under this BPA.

2.3 Period of Performance (PoP): The Period of Performance shall be a five (5) year base with an option to extend services for up to 6 months.

2.4 General Information:

2.4.1 Quality Control (QC): The contractor shall develop and maintain an effective QC Plan (QCP) to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QCP is the means by which it assures itself that its work complies with the requirements of the contract. As a minimum, the contractor shall develop QC procedures that address the areas identified in Technical Exhibit 1, Performance Requirements Summary

(PRS).

2.4.2 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).

If minimum standards are not being met by the contractor, the Contracting Officer will discuss the non-conforming supplies or services with the contractor and attempt to remedy the situation.

If non- conforming supplies or services continue and remedies fail to bring the contractor into conformance with the minimum standards stated within the QASP and terms and conditions of the BPA, the UTNG may at its option terminate the BPA with the contractor.

2.4.3 Recognized Holidays: The following are recognized United States (US) holidays. The contractor will typically not perform services on these days unless a unit’s mission requires performance:

2.4.3.1 New Year’s Day: January 1st

2.4.3.2 Martin Luther King, Jr.’s Birthday

2.4.3.3 President’s Day

2.4.3.4 Memorial Day

2.4.3.5 Independence Day: July 4th

2.4.3.6 Labor Day

2.4.3.7 Columbus Day

2.4.3.8 Veteran’s Day: November 11th

2.4.3.9 Thanksgiving Day

2.4.3.10 Christmas Day: December 25th

2.4.4 Place and Performance of Services: Place and Period of Performance shall be contained in each BPA call or coordinated with the Contractor prior to performance when using the GPC. The contractor shall provide services as specified in each order, except when the Government facility/installation is closed due to local or national emergencies, administrative closings, or similar Government-directed facility/installation closings.

2.4.4.1 Reserved

2.4.4.2 Unscheduled gate closures by the Contract Security may occur at any time causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. Contractors are not compensated for unexpected closures or delays. Vehicles operated by contractor personnel are subject to search pursuant to applicable regulations. Any moving violation of any applicable motor vehicle regulation may result in the termination of the contractor employee’s installation driving privileges.

2.4.4.3 The contractor’s employees shall become familiar with and obey the regulations of the installation; including fire, traffic, safety and security regulations while on the installation.

Contractor employees should only enter restricted areas when required to do so and only upon prior approval. All contractor employees shall carry proper identification with them at all times, and shall be subject to such checks as may be deemed necessary. The contractor shall ensure compliance with all regulations and orders of the installation which may affect performance. The Government reserves the right to direct the removal of an employee 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 the BPA Call.

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

2.4.5.1. Post Access. Camp Williams is a Closed Post and only those persons granted permission may enter. Access to Camp Williams will be denied to anyone with a previous ban to any Government facility, the inability to produce a Government identification, wanted by federal or state law enforcement authorities, convicted of any felony, convicted of any violation with regards to firearms or explosives, convicted of any violation with espionage, treason, terrorism, murder, sexual assault, robbery, rape, child molestation, and drug possession.

2.4.5.2 For contractors that do not require a CAC, but require access to a DoD facility or installation: Contractor and all associated sub-contractors employees shall 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/AR 190-13), and applicable installation, facility and area commander installation/facility access, and local security policies and procedures (provided by a government representative).

2.4.5.3 Reserved

2.4.5.4 Activity Authorized to Issue BPA Calls: All calls placed against this contract vehicle will be authorized and approved through the G4 Food Services Office.

2.4.5.5 Reserved

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

2.4.7 Reserved

2.4.8 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the KO in accordance with FAR Subpart 42.5. The KO, COR and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the KO will apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced. The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

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

2.4.10 Reserved

2.4.11. Combating Trafficking in Persons: The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract;

procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government’s zero tolerance policy, the actions that will be taken against employees for violations of this policy. The contractor shall take appropriate action, up to and including termination, against employees or subcontractors that violate the US Government policy as described at FAR 22.17.

2.4.12 Reserved

2.4.13 Reserved

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

2.4.15 Reserved

3.0 Definitions and Acronyms:

3.1 Definitions:

3.1.1 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.

3.1.2 Contracting Officer (KO): A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government.

Note: The only individual who can legally bind the government.

3.1.3 Contracting Officer Representative (COR): An employee of the U.S. Government designated by the KO to monitor contractor performance. Such appointment will be in writing and will state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

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

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

3.1.6 Food Handlers. Food service personnel, who work where unsealed food or drink is handled, processed, prepared, or served, and who touch food or food contact surfaces in any way.

3.1.7 Leftovers. Leftovers are unserved portions of any item prepared for a specified meal period.

3.1.8 Meal Serving Hours. Hours the Government requires the caterer to be open for services.

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

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

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

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

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

3.1.14 Subsistence. Food items, including beverages and condiments.

3.1.15 Subsistence-in-Kind (SIK). Food furnished to enlisted personnel at Government expense, instead of a monetary allowance.

3.1.16 Supplies. Expendable items such as paper and paper products, utensils and tableware.

3.1.17 Trash/Garbage. Any non-salvageable waste material other than rocks, or dirt. The waste material includes metal, paper, glass, cardboard, floor sweepings, cartons, food waste, and similar spent materials.

3.2 Acronyms:

AEI Army Enterprise Infostructure AR Army Regulation AT/OPSEC Antiterrorism/Operational Security BI Background Investigation CM Contract Manager COR Contracting Officer Representative DA Department of the Army DD254 Department of Defense Contract Security Classification Specification DFARS Defense Federal Acquisition Regulation Supplement DoD Department of Defense FAR Federal Acquisition Regulation GFP/M/E/S Government Furnished Property/Material/Equipment/Services HQDA Headquarters, Department of the Army HSPD Homeland Security Presidential Directive IA Information Assurance IS Information System(s) KO Contracting Officer NGB National Guard Bureau OCI Organizational Conflict of Interest PII Personally Identifiable Information PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program SSN Social Security Number TE Technical Exhibit USD(I) Under Secretary of Defense for Intelligence

4.0 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:

4.1 Property: None

4.2 Materials: None

4.3 Equipment: None

4.4 Services: None

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

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

5.1 General: Except for those items specifically stated to be Government-Furnished in Paragraph 4.0, the contractor shall furnish everything required to perform these services as indicated in Paragraph 2.1.

6.0 Requirements:

6.1 Standards.

6.1.1. All work under this contract shall conform to applicable Industry standards, State and Federal Health Regulations, Environmental Regulations as well as military regulations and bulletins to include AR 30-22 Army Food Program dated 07/17/2019, AR 40-25 Nutrition Standards and Education dated 01/03/2017, TB MED 530 Tri-Service Food Code dated 03/01/2019 and TB MED 577 Sanitary Control and Surveillance of Field Water Supplies. Work not meeting these standards shall be corrected by the Contractor at no additional cost to the Government.

6.2 Food Safety Responsibilities.

6.2.1. No person afflicted with, or a carrier of, a communicable disease shall be permitted in any room where products are prepared, manufactured, or otherwise handled. No person who has a discharging or infected wound, sore, or lesion on hands, arms, or other exposed portion of the body shall work in any capacity resulting in contact with the processing or handling of products, containers, or equipment used in the production of meals. Where health authorities require health certificates, said certificates shall be kept on file at the Contractors place of business and reviewed by the COR upon request. All personnel employed or subcontracted for by the Contractor shall receive appropriate training in proper food handling techniques and food protection principles and shall be cognizant of the danger of poor personal hygiene and unsanitary practices.

6.2.2. Cleanliness. All employees shall wash their hands before beginning work and upon returning to work after using toilet facilities, eating, smoking, or otherwise soiling their hands.

They shall keep their hands clean and follow acceptable hygienic practices while on duty. Eating, expectorating, or use of tobacco in any form shall be prohibited in each room and vehicle where food products or supplies are prepared, stored, served or otherwise handled. Personnel shall not wear unsecured jewelry. All persons engaged in receiving, testing, processing, manufacturing, packing, or handling food products shall wear clean unstained clothing. Hair nets, headbands, caps, beard nets, or other effective hair restraints to effectively cover hair shall be worn so as to prevent contamination of food and food contact surfaces. Employees’ personal effects shall not be stored in food production or serving areas.

6.2.3. Vehicles and preparation facilities shall be constructed and operated to protect contents from contamination or deterioration. Vehicles used for transporting food items shall be kept clean and in good repair.

6.2.4. The contractor will ensure there are proper hand-washing facilities available and supplies necessary for personal hygiene, to include soap, paper towels, and waste receptacles, at all times in sufficient quantity to accommodate the number of Contractor personnel using the facility.

6.2.5. The Contractor will ensure that all Contractor personnel preparing or serving catered or boxed meals are 18 years or older and have a food handler’s permit as required by the County or State Health Department.

6.2.6. Food shall be prepared, transported, maintained, and served in accordance with Army Regulation 40-657 Veterinary/Medical Food Safety, Quality Assurance, and Laboratory Service dated 01/21/2005, and TB MED 530 Tri-Service Food Code dated 03/01/2019. Copies of which are available online at https://armypubs.army.mil/

6.3 Terms of BPA.

6.3.1. The contractor shall provide and deliver catered and boxed meals to the Utah National Guard (UTNG) on an as needed basis. The performance standard and requirements for these services include the following responsibilities:

6.3.1.1. Breakfast Meal Requirement. The breakfast meal shall, at a minimum, include the following classes of foods and servings per person and should adhere to nutritional guidelines and recipes outlined at Choosemyplate.gov:

• Eggs (1)

• Meat (1)

• Fruit or vegetable (1)

• Starch, bread, or potatoes (1),

• Hot or cold cereal (1),

• Drinks including but not limited to coffee, juice (optional), and milk.

Sample breakfast meal items include, but are not limited to the following: eggs any style (omelets, hard boiled, scrambled, poached, etc.), breakfast meat (bacon, sausage, sliced ham), fresh or canned fruits, hot or cold cereal, one grilled specialty (pancakes, waffles, French toast, all with syrup), hash browns, choice of bread (toast, bagel, biscuit, or English muffin), breakfast pastry (raised or cake donut, sweet muffin, sweet roll, or Danish), yogurt, meat based gravy, and appropriate condiments, such as margarine, honey, salt and pepper, and choice of spread (jam or jelly).

Contractor will provide alternate meals to meet the needs of soldiers who have special dietary needs in the kinds and quantities ordered by the Government.

Note: Each portion will include 115g to 225g Carbohydrate per meal per soldier (10g of which is fiber) 23g to 45g Protein per meal per soldier; 6g to 40g Fat per meal per soldier to average 10% of total calorie per menu (at least 6g of which is omega fatty acid or linoleic acid; 3mg to 6mg of iron per meal per soldier. Meals should not be less than 850 calorie per soldier offered.

(Carbohydrate 4 cal/g, Protein 4 cal/g, Fat 9 cal/g.

6.3.1.2. Lunch, Dinner and Holiday Meal Requirement. The lunch, dinner and holiday meal shall, at a minimum, include the following classes of foods and servings per person and should adhere to nutritional guidelines and recipes outlined at Choosemyplate.gov:

• Entrée to include a 6 oz. serving of protein (1)

• Vegetables (2)

• Starch, bread, or potatoes (1)

• Fruit or dessert (1)

• Drinks shall include coffee plus choice of two other drinks, such as flavor aid, tea, carbohydrate beverage.

Sample lunch, dinner and holiday meal items include but are not limited to: soup or stew, baked, roasted or grilled meat, one or more sauce or gravy to accompany the entrée, mashed, fried or baked potatoes, cooked vegetables such as green beans, carrots, or corn, salad, salad dressing, two choices of fruit, bread (wheat, white, rolls, cornbread, garlic, biscuit), appropriate condiments such as margarine, ketchup, mustard, salt and pepper, honey, jelly, or jam, fresh fruit, canned fruit, baked dessert (cake, cookies, ice cream, Gelatin, yogurt), and two choices to drink.

Contractor will provide alternate meals to meet the needs of soldiers who have special dietary needs in the kinds and quantities ordered by the Government.

Note: Each portion will include 115g to 225g Carbohydrate per meal per soldier (10g of which is fiber) 23g to 45g Protein per meal per soldier; 6g to 40g Fat per meal per soldier to average 10% of total calorie per menu (at least 6g of which is omega fatty acid or linoleic acid; 3mg to 6mg of iron per meal per soldier. Meals should not be less than 850 calorie per soldier offered.

(Carbohydrate 4 cal/g, Protein 4 cal/g, Fat 9 cal/g.

6.3.1.3 Boxed Lunch Meal Requirement. The boxed lunch meal, at a minimum, includes the following classes of foods and servings per person:

• 6” Sub style or round bun sandwich with 5.5 to 5.75 ounces of ham or turkey with

American cheese

• Condiments available on the side (lettuce, tomato, onions and pickles)

• Individually portioned Mayonnaise, Mustard, Black Pepper and Salt Packet

• 1.5 ounce Bag of Potato Chips

• 1.5 ounce Cookie or piece of fresh fruit (banana, orange, apple)

• 12 ounce Carbohydrate Beverage (Can), Water or Fruit Juice

Contractor will provide alternate meals to meet the needs of soldiers who have special dietary needs in the kinds and quantities ordered by the Government.

Note: Each portion will include 115g to 225g Carbohydrate per meal per soldier (10g of which is fiber) 23g to 45g Protein per meal per soldier; 6g to 40g Fat per meal per soldier to average 10% of total calorie per menu (at least 6g of which is omega fatty acid or linoleic acid; 3mg to 6mg of iron per meal per soldier. Meals should not be less than 850 calorie per soldier offered.

(Carbohydrate 4 cal/g, Protein 4 cal/g, Fat 9 cal/g.

6.4. Menu Planning and Coordination of Services:

6.4.1. Coordination to include menu planning and selection, quantities ordered, time and place of delivery, shall be coordinated between the Contractor and the ordering unit POC, which may be the Contracting Officer’s Representative (COR), unit supply personnel, or other designated Government employee. Menu planning shall include meals for soldiers with special dietary needs, and it is the responsibility of the ordering unit to determine the nature of any special needs and order appropriate quantities of meals required to provide for these soldiers. The ordering POC may request from a Contractor specific information about the menu items offered as needed to make informed choices, including but not limited to use of ingredients related to common allergies or whether fruit, vegetables, or eggs supplies are fresh, frozen or canned. At no time shall the Contractor accept any changes that will exceed the authorized BPA price per meal or the terms and conditions in the BPA unless authorized by the Contracting Officer.

6.4.2 Quantities of meals ordered are generally based on preliminary estimates which are subject to change as the government’s requirement changes or becomes more certain. Projected dates of services to be performed are subject to change during the month. A Forty-Eight (48) hour notice is the default minimum time frame to place meal orders or changes to be submitted to a Contractor from ordering points of contact, to include cancellation, decreases and increases to meal quantities required. The Contractor may propose a different notice requirement for ordering, changes or cancellation.

Minimum notice of catering event or meal order is days/hours: _____________

Minimum notice of to cancel a catering event or meal order is days/hours: _____________

Minimum required notice period for increases to numbers of meals is days/hours: _____

Minimum required notice period for decreases to numbers of meals is days/hours. : _____

6.4.3 Service Locations: The Contractor must be able to service a minimum of one location. If the Contractor is able to service multiple locations and/or there are minimum/maximum order quantities for locations, please notate those in the following table:

Yes/No Service Location Minimum Maximum Logan

Brigham City

Ogden

North Salt

Lake

West Jordan

Draper HQ

Tooele

Wendover

Dugway

Lehi

American Fork

Orem

Springville

Spanish Fork

Nephi

Camp Williams

Price

Vernal

Manti

Mt. Pleasant

Richfield

Beaver

Cedar City

Saint George

Blanding

Other locations as identified

6.5. Delivery and Serving of Meals:

6.5.1. All meals are to be prepared, delivered and served by the Contractor when catering services are requested at the full meal rate.

6.5.2. The UTNG does not have enough qualified / certified personnel to serve the prepared meals in all locations. Therefore, it will be the responsibility of the Contractor to set up and serve the prepared meal to the soldiers when using the full meal rate. All servers shall be licensed food handlers in accordance with the laws of the State of Utah. All personnel shall wear appropriate attire for food service and preparation. Shorts and sandals are prohibited. Contractor shall provide all condiments, paper products to include, but not limited to plates, cups, napkins, etc.

and shall include utensils and other expendables as necessary.

6.5.3. The Contractor may offer a reduced rate for meals when delivery and/or serving of meals is not required. When the Contractor’s reduced meal rate is requested, there are two options:

• Government Pickup. Utah National Guard personnel will be responsible for picking up meals with its own transportation at the Contractor location and providing its own food servers and flatware (paper plates, cups, napkins, and utensils, etc) at the dining location. Government will be responsible for cleaning and returning any serving containers to the Contractor.

Contractor will still provide condiments as necessary.

• Contractor Delivery Only. Contractor will deliver meals to the dining location but will not provide servers or flatware. Government will be responsible for cleaning and returning any serving containers to the Contractor. Contractor will still provide condiments as necessary.

6.6. Reduced Meal Rate.

6.6.1. If the Contractor intends to offer reduced meal rates that differ from the rates offered in Section 7.0. PRICING OF BPA. They may list those rates here. These rates will not be evaluated as part of the proposal, but will be added to the resulting BPA.

Meal Government Pickup Vendor Delivery Only

Breakfast $ $

Lunch $ $

Dinner/Holiday $ $

Boxed Lunch $ $

6.6.2. Delivery Requirements: Contractor will be fully responsible for the travel and all expenses for their staff. Travel is only limited to all and any duty station within the State of Utah. The contractor must understand that no personal and/or travel expenses will be reimbursed and will be the complete responsibility of the contractor.

6.7. Clean-up

6.7.1. For onsite catering requirements, Contractor will be solely responsible for cleaning up all areas and government facilities used for the purpose of serving food, including but not limited to the serving lines or tables. Facilities used by the Contractor for the serving of meals will be subject to inspection for cleanliness prior to Contractor’s release from site.

6.7.2. Contractor is not responsible for clean up at the dining location when using the reduced meal rate or using the boxed lunch option.

6.8. Disposition of Leftover Food:

6.8.1. Food prepared and delivered but not served (leftover food) is the property of the Government. Leftovers shall be disposed of in whole or in part as directed by the COR in one or more of the following ways:

(1) Food shall be left onsite for Government use.

(2) Food shall be donated to a qualifying charity in the locality as directed by FAR Part 52.226-6.

(3) Food which by its quantity or character cannot be donated shall be disposed of as waste.

6.9. Authorized Changes.

6.9.1. Changes to the BPA must be made through the Utah National Guard Purchasing and Contracting Office. Contact Information for the Contracting Officer is: USPFO for Utah, Attn:

John Merlette, 12953 S Minuteman Dr. Draper, Utah 84020. Phone 801-432-4145, Email:john.b.merlette.civ@mail.mil.

7.0. Pricing of BPA

7.1. Rates may not exceed the current allowable rates for meals as follows: Breakfast $5.95, Lunch/Box Lunch $7.95, Dinner $10.50 and Holiday $10.50 per meal. However, if an economic price adjustment is implemented by the State Food Management Board that adjusts the allowable rate higher during the Period of Performance for the BPA, the Contractor may propose new rates that do not exceed the updated allowable rate which reflects the economic price changes for the State.

Base Period (5 Years)

YEAR 1

Item 0001: Catered Breakfast Meal $ (per meal) Item 0002: Catered Lunch Meal $ (per meal) Item 0003: Catered Box Lunch Meal $ (per meal)

Item 0004: Catered Dinner/Holiday Meal (per meal)

Year 2

Item 1001: Catered Breakfast Meal $ (per meal) Item 1002: Catered Lunch Meal $ (per meal) Item 1003: Catered Box Lunch Meal $ (per meal) Item 1004: Catered Dinner/Holiday Meal (per meal)

Year 3

Item 2001: Catered Breakfast Meal $ (per meal) Item 2002: Catered Lunch Meal $ (per meal) Item 2003: Catered Box Lunch Meal $ (per meal) Item 2004: Catered Dinner/Holiday Meal (per meal)

Year 4

Item 3001: Catered Breakfast Meal $ (per meal) Item 3002: Catered Lunch Meal $ (per meal) Item 3003: Catered Box Lunch Meal $ (per meal) Item 3004: Catered Dinner/Holiday Meal (per meal)

Year 5

Item 4001: Catered Breakfast Meal $ (per meal) Item 4002: Catered Lunch Meal $ (per meal) Item 4003: Catered Box Lunch Meal $ (per meal) Item 4004: Catered Dinner/Holiday Meal (per meal)

8.0 Applicable Publications: Publications applicable to this PWS are listed below:

Publication (Chapter/Page)

Date of Publication

Mandatory or Advisory

Website

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

Defense Federal Acquisition Regulation Supplement

Advisory http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index .html

DoDM 5200.2 Regulation 5200.02 Procedures for the DoD Personnel

Security Program (PSP)

04/03/2017 Advisory http://www.dtic.mil/whs/directives/corres/pub1.html

Army Directive 2014-05 Policy and Implementation Procedures for Common Access Card Credentialing and Installation Access for Uncleared Contractors

03/07/2014 Advisory http://www.apd.army.mil/ProductMaps/PubForm/Army Dir.aspx

AR 190-13

The Army Physical Security Program

06/27/2019 Advisory http://www.apd.army.mil/ProductMaps/PubForm/AR.as px

DoD 5400.11 Department of Defense Privacy Program

1/29/2019 Advisory http://www.dtic.mil/whs/directives/corres/dir.html#

DoD 5400.11-R Department of Defense Privacy Program

05/14/2007 Advisory http://www.dtic.mil/whs/directives/corres/pub1.html

DoDD 8140.01 Cyberspace Workforce Management

08/11/2014 (Change 1:

07/31/2017)

Advisory http://www.dtic.mil/whs/directives/corres/dir.html

DoD 8570.01-M Information Assurance Workforce

Improvement Program

12/19/2005 (Change 4:

11/10/2015)

Advisory http://www.dtic.mil/whs/directives/corres/pub1.html

AR 25-2

Information Assurance

04/04/2019 Advisory http://armypubs.army.mil/ProductMaps/PubForm/AR.as px

AR 530-1

Operations Security

09/26/2014 Advisory http://armypubs.army.mil/ProductMaps/PubForm/AR.as px

DoD 5220.22-M National Industrial Security Program

Operating Manual

02/28/2006 (Change 2:

05/18/2016)

Advisory http://www.dtic.mil/whs/directives/corres/pub1.html

AR 381-12

Threat Awareness and Reporting

Program (TARP) (Section II, ¶ 2-4.b)

06/01/2016 Advisory http://armypubs.army.mil/ProductMaps/PubForm/AR.as px

Army Regulation 40-657 Veterinary/Medical Food Safety, Quality

Assurance, and Laboratory Service

01/21/2015 Advisory https://armypubs.army.mil/ProductMaps/PubForm/Detai ls.aspx?PUB_ID=19

ATTP 4-41 Army Field Feeding and

Class I 12/31/2015 Advisory https://armypubs.army.mil/ProductMaps/PubForm/Detai ls.aspx?PUB_ID=105894 TB MED 530 Tri-Service Food Code 3/1/2019 Advisory https://armypubs.army.mil/ProductMaps/PubForm/Activ eInactiveRescSearch.aspx

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

Form Date Website I-9

Employment Eligibility Verification 10/21/2019 https://www.uscis.gov/sites/default/files/files/form/i-9.pdf

DD 441

Department of Defense Security Agreement

Feb 2020 http://www.dtic.mil/whs/directives/forms/dd/ddforms0001-0499.htm

DD 250

Material Inspection and Receiving

Report

Aug 2000 http://dtic.mil/whs/directives/forms/dd/ddforms0001-0499.htm

9.0. Submission of Proposals

9.1. The Government anticipates making award without discussions. Therefore, Offeror should submit their best and final offer to include any alternate proposals. The Contractor must ensure that all components of their pricing and technical proposal are included in their submission. The Government reserves the right to make an award of BPA(s) solely on initial proposals received.

Offerors bear the burden of ensuring that proposals (and any authorized amendments and samples) reach the designated office on time and should allow a reasonable time for e-mail transmissions to be completed. All pages of the proposal must reach the office before the deadline specified in this solicitation. The Contractor bears the risk of non-receipt of mailed or electronically transmitted proposals and should confirm receipt. Late or incomplete proposals will not be considered.

9.2. All questions must be addressed to the Contracting Officer in writing by email. Close of Questions will be on the solicitation will be May 12, 2021 at 3:00 p.m. MST. All proposals are due NLT May 17, 2021 at 3:00 p.m. MST by email or posting on beta.SAM.gov. Questions and proposals can be emailed to John B. Merlette at john.b.merlette.civ@mail.mil. E-mailed proposals must be in adobe acrobat (.pdf) format. Proposals can also be delivered as hard copy, via commercial carrier, postal service, or personal delivery to 12953 S Minuteman Dr. Draper, Utah 84020. Please direct all mailed proposal submissions to John Merlette, Purchasing and Contracting. Please email any tracking numbers for mailed proposals. Business hours are Monday through Thursday 7:00 a.m. through 5:00 p.m.

TECHNICAL EXHIBIT 1

Performance Requirements Summary (PRS)

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

Performance Objective

Performance Standard Acceptable Quality Levels (AQL)

Surveillance Method / By Whom

6.4.1.

Delivery/Setup

The contractor shall ensure meals are delivered and setup by required time that has been coordinated between the Contractor and Government.

Meets the standard 95% of the time.

Random monitoring / COR

6.3.1.1. -6.3.1.3.

Quantities/Portion Sizes

The contractor shall ensure meals are delivered in agreed upon quantities and portion sizes that comply with the terms and conditions stated in the Master

BPA.

Meets the standard 95% of the time.

Random monitoring / COR

6.2 Hygienic

Practices

The contractor shall ensure that all staff perform services conforming to the hygienic practices outlined in the Master

BPA

Meets the standard 98% of the time.

Random monitoring / COR

3.1.6; 6.2.5; 6.5.2 Food Handlers Permit

The contractor shall ensure that all staff that handle food have the required State or County Food Handlers permit that is active.

Meets the standard 95% of the time.

Random monitoring / COR

6.0 & 8.0 Food Temperature and Quality

The contractor shall ensure that food is monitored for proper serving temperature, preparation and quality and compliance with terms and conditions in the Master BPA.

Meets the standard 95% of the time.

Random monitoring / COR

6.7 Cleanup The contractor shall ensure any

Government facility used by the Contractor is properly cleaned and waste disposed of prior to Contractor departure from the facility

Meets the standard 95% of the time.

Random monitoring / COR

1.5; 1.6 & 1.7 Administrative

The contractor shall ensure that it properly invoices correct quantities and rates for services performed.

Meets the standard 95% of the time.

100% inspection / COR

6.1 & 6.5 Performance

Overall Performance by the Contractor. Contractor resolves any performance issues in an effective and timely manner.

Meets the standard 95% of the time.

Random monitoring / COR

11.0. Provisions and Clauses:

The following Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) provisions and clauses are applicable to this solicitation:

52.203-3 – Gratuities

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity.

52.203-12 – Limitation On Payments To Influence Certain Federal Transactions

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper.

52.204-9 Personal Identity Verification of Contractor Personnel.

52.204-16 Commercial and Government Entity Code Reporting.

52.204-18 Commercial and Government Entity Code Maintenance.

52.204-19 Incorporation by Reference of Representations and Certifications.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

52.204-26 Covered Telecommunications Equipment or Services-Representation.

52.212-1 Instructions to Offerors-Commercial Items.

52.212-3 Offeror Representations and Certifications-Commercial Items.

52.212-4 Contract Terms and Conditions-Commercial Items.

52.223-5 Pollution Prevention and Right-to-Know Information

52.228-5 Insurance - Work On A Government Installation

52.232-17 Interest.

52.232-18 Availability Of Funds

52.232-39 Unenforceability of Unauthorized Obligations

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

52.237-3 Continuity Of Services

52.242-13 Bankruptcy

52.243-1 Changes--Fixed Price

52.246-4 Inspection Of Services--Fixed Price

252.201-7000 Contracting Officer's Representative

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

252.203-7002 Requirement to Inform Employees of Whistleblower Rights

252.204-7002 Payment For Contract Line or Subline Items Not Separately Priced

252.204-7003 Control Of Government Personnel Work Product

252.204-7004 Antiterrorism Awareness Training for Contractors

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

252.205-7000 Provision Of Information To Cooperative Agreement Holders

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

252.219-7011 Notification to Delay Performance

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

252.225-7048 Export-Controlled Items.

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

252.232-7010 Levies on Contract Payments

252.232-7017 Accelerating Payments to Small Business Subcontractors-- Prohibition on Fees and Consideration

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

252.243-7001 Pricing Of Contract Modifications

252.243-7002 Requests for Equitable Adjustment

252.244-7000 Subcontracts for Commercial Items

252.247-7023 Transportation of Supplies by Sea

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Oct 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section…