A15 - DRAFT PWS Guam.docx

Performance Work Statement (PWS)

Third Party Logistics (3PL) Guam 1 Introduction Third Party Logistics support at various Defense Commissary Agency (DeCA) locations on the island of Guam.

1.1 Scope

Provide comprehensive supply chain management and food product distribution services for DeCA in Guam. This includes, but is not limited to, the receipt, storage, handling, transport, and distribution of dry, refrigerated, and frozen packaged food products from DeCA suppliers directly to designated commissaries at Andersen Air Force Base and Orote Naval Base. These services must ensure timely and efficient delivery while maintaining product integrity and meeting all applicable Federal and DoD regulations and standards; incorporating a dedicated stock discrepancy allowance to account for damage, spoilage, or loss that occur by the contractor during storage, handling, and transportation phases.

1.2 Definitions

A. Contractor: The party to a contract who is responsible for providing the contracted services.

B. Receiving: Receive weekly an average of 26, but not to exceed 60 containers of food products, encompassing dry, refrigerated, and frozen goods, from DeCA suppliers arriving at the Port of Guam. Upon arrival at contractor’s facility, meticulously inspect all shipments of palletized products for any visual signs of damage and verify proper temperature controls were maintained for product throughout transit. Any discrepancies, including but not limited to damaged goods, temperature deviations exceeding acceptable limits, or shortages, shall be promptly and thoroughly documented. A detailed report of these findings shall be immediately submitted to DeCA’s Supply Chain Directorate's contracting officer representative. Following inspection, all accepted products shall be accurately and promptly logged ensuring real-time visibility and accurate tracking of all received goods. To guarantee food safety and regulatory compliance, the contractor shall grant Military Food Inspectors unrestricted access, both before and after contract award, to inspect the storage facility and DeCA-owned food products for adherence to USDA HACCP, FDA CFR 21 Part 117, DoD TB MED 530, NAVMED P-5010-1, AFMAN 48-147_IP, and the Tri-Service Food Code regarding temperature control, food safety regulations, and sanitation standards.

C. Storage: To safeguard product quality and compliance, the contractor must maintain a comprehensive storage facility with adequate shore power, providing dry, refrigerated, and frozen environments suitable for all DeCA products, with strict adherence to USDA, FDA, and DoD temperature control guidelines, food safety regulations, and sanitation requirements. Paramount to this facility is its cleanliness, organization, and pest-free status, ensured through regular inspections, proactive preventative measures, and prompt corrective actions when necessary. Sufficient space must be available for effective palletized product storage, staging, and rotation based on location and day of the week delivery, minimizing spoilage and maximizing freshness. Crucially, the contractor shall also dedicate temporary storage space (dry, refrigerated, and frozen) to securely accommodate DeCA palletized products during Force Majeure events or other emergency conditions, guaranteeing food supply continuity during times of crisis.

D. Order Fulfillment: Responsible for accurately fulfilling all commissary orders destined for Andersen Air Force Base and Orote Naval Base, managing the complete order fulfillment lifecycle. This includes receiving incoming orders consisting of palletized product, meticulously identifying and segregating the specific pallets required for transportation, and staging these pallets by delivery day and designated delivery location. The staging process must be strategically optimized to ensure efficient loading and timely and accurate delivery. Throughout the entire process, the contractor will exercise extreme care in handling the palletized product to prevent any damage, spoilage, or loss, guaranteeing the integrity of the delivered goods.

E. Transportation: Ensure the timely and accurate transportation of scheduled deliveries to the designated commissaries, Andersen Air Force Base and Orote Naval Base, adhering strictly to all applicable traffic laws and

October 2025 regulations. Deliveries must arrive at the correct commissary location according to the pre-arranged scheduled day and time. To maintain the integrity of refrigerated and frozen food products, the contractor shall utilize appropriate temperature-controlled vehicles, ensuring consistent and compliant temperature maintenance throughout the entire transport process. Furthermore, the contractor is responsible for ensuring all products are securely loaded and transported to prevent any damage, shifting, or spoilage during transit. This includes proper securing of pallets, appropriate spacing to allow for airflow, and any other necessary measures to safeguard the products.

F. Container Tracking and Management: Diligently track the arrival and departure of all containers to and from the contractor’s facility, as delivered by the ocean carrier from the Port of Guam. This includes proactively monitoring container status between ocean carrier’s delivery and pickup, promptly addressing any delays or discrepancies. Furthermore, the contractor is responsible for the efficient management of empty containers while at the contractor’s facility. To ensure timely return and avoid potential detention charges, the contactor shall immediately notify the applicable ocean carrier to retrieve empty container(s) from the contractor’s facility; containers remaining at the contractor’s facility, 8 calendar days after carrier delivery to the contractor’s facility, will begin incurring detention per container at the rate specified in the latest version of United States Army Transportation Command (ARTRANS) Universal Service Contract (USC). The contractor shall maintain accurate and comprehensive records of all container movements, including dates received from the ocean carrier, date contractor notifies ocean carrier of available empty container(s) and dates the ocean carrier retrieved the empty container(s), container numbers, and any associated documentation. These records shall be readily available for audit and verification purposes. Additionally, should detention charges arise due to contractor’s failure to notify the applicable ocean carrier to retrieve empty containers from the contractor’s facility within 8 calendar days, the contractor shall be responsible for financial reimbursement to DeCA for these charges.

G. Stock Discrepancy Allowance: Directly responsible for the financial settlement and resolution of damaged, spoiled, or lost stock discrepancies caused by contractor neglectful handling of DeCA palletized products in Guam. This entails conducting thorough investigations, meticulously documenting findings, and implementing corrective actions to reconcile discrepancies between reported inventory and actual stock levels. Successful performance in this area will ensure accurate financial accounting of DeCA product inventory, minimize financial losses associated with damage, spoilage, or lost stock issues, and contribute directly to the overall financial integrity of the Guam commissaries operations. Additionally, the contractor shall pay stock discrepancy allowance(s) within 30 days of receiving the formal discrepancy notification(s).

1.3 Key Government Positions

A. Contracting Officer (KO): An individual with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

B. Contracting Officer's Representative (COR): An individual designated and authorized in writing by the contracting officer to perform specific technical or administrative functions. When the term COR is used elsewhere in this contract, it means the COR as designated by the Contracting Officer.

C. Commissary Officer (CO): An individual responsible for overall commissary operations. When the term CO is used elsewhere in this contract, it means the CO personally or the Acting CO.

D. Supply Chain Directorate: The directorate responsible for administrative work primarily concerned with analyzing, developing, evaluating, or promoting improvements in the policies, plans, methods, procedures, systems, or techniques of the logistics program.

E. DeCA Headquarter (HQ) Supply Chain Directorate for this contract: deca.lee.hq.mbx.ccl-hq-all@mail.mil.

2 Scope Contractor shall furnish all labor, supervision, equipment, tools, materials, employee transportation, permits, and all other items necessary to perform the various services as identified in this Performance Work Statement (PWS).

From the time of contract award and continuing throughout the contract's duration, the contractor bears the responsibility for guaranteeing that all contractor personnel fully comprehend the requirements stipulated within this PWS.

At time of award and throughout the duration of this contract, the contractor shall ensure contractor personnel engaged in supply chain operations covered by this PWS must hold the appropriate certification(s) relevant to their assigned tasks and must be prepared to furnish verifiable evidence of such certifications upon request by the Contracting Officer (KO) or the Contracting Officer's Representative (COR). Furthermore, all contractor personnel must possess a robust logistical aptitude, demonstrated ability, and a comprehensive working knowledge of the supply chain operations detailed within this PWS, including all associated attachments and supplemental documentation.

2.1 Non-Personal Services

The Government shall neither supervise contractor employees, nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks or prepare work schedules for individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the KO immediately.

2.2 Business Relations/Management

The contractor shall work to integrate and coordinate activities needed to execute the requirements of this PWS with the COR. The contractor shall manage the timeliness, completeness and problem identification of product receipt, storage, delivery, and container tracking and management issues. The contractor shall provide corrective action plans, monitor timely identification of issues, and the management of subcontractors if required. The contractor shall seek to ensure customer satisfaction and maintain professional and ethical business behavior.

2.3 Contract Administration and Management

The following subsections specify requirements for contract, management and personnel administration.

2.3.1 Contract Management

The contractor shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned to the requirement. The contractor must maintain continuity between the support operations at corresponding DeCA locations, the headquarter level, and the contractor's corporate offices.

2.3.2 Contract Administration/ Contractor Key Personnel

The contractor shall establish processes and assign appropriate key personnel resources to effectively administer the requirements of this contract. Key personnel and/or lead contacts shall not be sub-contractors, they shall be permanent employees of the prime contractor and demonstrate a complete understanding of desired goals and exhibit strong leadership skills. Key personnel and lead contacts will be accessible to DeCA KO and CORs during normal business hours and 24/7 for emergencies. All key personnel have proven record of success in their area of expertise. Any change in key personnel and lead contacts will be communicated in writing to the KO and COR(s) prior to the change. The contractor shall respond to government requests for contractual actions within the time constraints as dictated in section 3. The contractor shall have a single Point of Contact (POC) identified between the government and contractor assigned to support this contract. The contractor shall assign/direct the work effort and maintain proper and accurate time keeping records of personnel assigned to work on this requirement. The contractor shall ensure DeCA email addresses are readily available to prevent any loss or delay in communications.

2.4 Subcontract Management

The contractor shall be responsible and accountable for subcontractor performance on this requirement. The prime contractor shall manage work distribution to ensure there are no Organizational Conflict of Interest (OCI) considerations.

2.5 Contractor Personnel

The following subsections specify requirements for contractor personnel.

2.5.1 Personnel Training

The contractor shall accomplish the assigned work by qualified personnel with appropriate combinations of education, training, experience and licensing.

2.5.2 Consumption or Use of Government Property

The contractor shall not permit contractor personnel to consume or use government-owned resale items or any government-owned equipment or supplies that are not specifically provided for contractor use under this contract.

2.5.3 Use of Alcoholic Beverages/Drugs

The contractor shall not permit contractor employees to work under the influence of alcoholic beverages, cannabis, illegal drugs, or controlled substances. Contractor personnel are prohibited from using alcoholic beverages, cannabis, illegal drugs or controlled substances while on-duty.

2.5.4 Removal of Employees for Cause

The contractor shall immediately bar a contractor employee(s) for the following actions: deliberate destruction or mishandling of government, patron or vendor property; theft; use of alcoholic beverages; cannabis, illegal drugs or use of controlled substances; performance of work in other than a skillful manner; displaying disruptive/unacceptable behavior (e.g., abusive, demeaning, foul or threatening language and/or fighting) and willful violations of safety standards by contractor personnel. Removal of any employees for such cause shall not constitute a valid basis for non-performance of contract services or a claim for additional compensation. The contractor shall provide written notification to the KO regarding this action.

2.5.5 Installation Access

The contractor shall be responsible for complying with all installation access procedures. This includes, but is not limited to, securing all necessary installation passes and arranging for required inspections for both vehicles and personnel entering the designated areas. Critically, the contractor must ensure compliance with FAR clause 52.204- 9, concerning Personal Identity Verification of Contractor Personnel. It is imperative to note that all contractor employees will be required to possess "Real ID" compliant identification for access to federal facilities, effective 07 May 2025. Failure to adhere to these access requirements will result in denial of entry and could impact delivery timelines, therefore proactive compliance is essential.

2.5.6 Denial of Installation Access

Contractor employees may be denied access to the military installation by the installation law enforcement officials if it is determined that such entry may be contrary to good order, discipline or the security of the installation. The installation may bar contractor employees from entering the military installation under the provisions of Title 18, United States Code Section 1382.

2.5.7 Parking

The contractor shall park for delivery only in areas designated by the CO or COR.

2.5.8 Shopping Privileges

Contractor employees who are authorized to make purchases in commissaries shall show appropriate identification before purchasing commissary items and shall immediately remove the item(s) purchased from the commissary through the main exit door. Contractor employees with commissary privileges shall shop in the commissary only when they are off duty. Contractor personnel with commissary privileges shall not purchase merchandise for consumption by other personnel or organizations not authorized to shop in the commissary.

2.5.9 Identification of Contractor Personnel

Contractor personnel shall be easily recognizable by wearing distinctive clothing bearing the name of the company and/or company identification at all times during performance of this contract. Contractor personnel must use Personal Protective Equipment (PPE) as required IAW OSHA 29 Code of Federal Regulations (CFR) 1910.132 to include changes thereafter.

2.6 Location and Hours of Performance

The following subsections specify requirements for location and hours of work.

2.6.1 Contractor Hours of Work

The hours of performance will be Monday – Sunday 5:00 a.m. to 7:00 p.m. local time. During these operational hours, the contractor will support the full lifecycle of DeCA owned food products, encompassing the receipt, storage, handling, transport, and distribution of goods originating from DeCA suppliers directly to designated commissaries located at both Andersen Air Force Base and Orote Naval Base. Additionally, to guarantee food supply continuity during crisis, the contractor shall be available outside normal hours of performance to provide service for both commissaries in the event of Force Majeure events or other emergency conditions.

2.6.2 Delivery Days, Hours, and Locations

The deliveries of DeCA owned food products are scheduled for Monday, Tuesday, Thursday, Friday, and Saturday occurring between 6:00 a.m. and 8:30 a.m. local time at Andersen Air Force Base and Orote Naval Base commissaries. To ensure flexibility and responsiveness to unexpected deliveries, the contractor shall maintain a contingency delivery day for unscheduled commissary deliveries. It is critical to note that delivery days that coincide with federal holidays will be delivered by the contractor to the commissaries located at both Andersen Air Force Base and Orote Naval Base unless notified by the CO or COR to reschedule the delivery. Additionally, in the event of missed scheduled delivery times due to contractor negligence, the contractor shall exert every effort to complete the delivery of DeCA food products to the scheduled locations on the same delivery day.

2.6.3 Customer Contact Center

Prior to start of contract performance, the contractor will provide a phone number to the stores listed on the contract and Military Food Inspectors. The contractor shall respond at this phone number for delivery matters and Military Food Inspector visit related calls during hours of performance (5:00 a.m. – 7:00 p.m. local time). Additionally, the contractor will maintain 24/7 availability to respond to emergency calls outside of normal hours of performance, ensuring continuous support and responsiveness. All calls for service will be made to the contractor’s customer contact center.

2.6.4 Closing for Inclement Weather or Emergency Conditions

In the event that inclement weather or other emergency conditions force commissary closure, the CO or COR and contractor’s POC will agree upon the method by which the contractor’s POC will receive notification about closures or delayed reporting times. The contractor shall provide service as long as the commissary remains open.

2.7 Methods of Identifying/Preventing Deficiencies

The Contractor shall establish methods for identifying/preventing deficiencies in the quality of services performed before the level of performance becomes unacceptable. Should a situation arise that renders product undeliverable (e.g., vehicle breakdown, spoilage, etc.), the contractor must notify CO and COR, and CO and COR must notify the Supply Chain Directorate Program Manager.

3 Performance Requirements and Standards The following section specifies the performance objectives and performance elements for the contract.

3.1 Perform receipt of weekly shipments of food products (dry, refrigerated and frozen) from DeCA suppliers arriving at the Port of Guam.

3.1.1 Standard: Contractor shall ensure container shipments of palletized products are received at the contractor facility within 48 hours of the ocean carrier's delivery to contractor facility from the Seaport of Debarkation (SPOD).

3.2 Perform inspection of all incoming shipments for damage and proper temperature upon arrival.

3.2.1 Standard: Contractor shall ensure shipments of palletized product are validated according to container load diagram and inspected upon contractor receipt for visual signs of damage and improper temperature controls. All discrepancies shall be documented with photographs and written statements and reported to DeCA designated representative within 12 hours of receipt from the Seaport of Debarkation (SPOD). Additionally, the contractor shall be financially liable via invoice charges when damage and improper temperature controls are not reported to the COR.

3.3 Storage of dry, refrigerated, and frozen food products in accordance with established temperature control guidelines and food safety regulations.

3.3.1 Standard: Contractor shall ensure compliance with USDA Hazard Analysis and Critical Control Point (HACCP) rule, FDA CFR 21 Part 117 rule, and DoD TB MED 530, NAVMED P-5010-1, AFMAN 48-147_IP, Tri-Service Food Code for temperature control, food safety regulations, and sanitation requirements, ensuring consistent product integrity through continuous temperature monitoring, regular inspections, proactive preventive measures, and meticulously documented records, keeping: Dry goods at 59-77°F, Refrigerated items at 32-39°F, Frozen goods at 0°F or below, and Ice Cream and Ice Cream Novelties goods at -10°F.

3.4 Perform inventory of stored products, ensure products are free of pest and insect infestation, track product receipt dates, and report details upon request.

3.4.1 Standard: Contractor shall maintain inventory accuracy. Track receipt date of all DeCA palletized order deliveries and fulfilling all requests for receipt information within 24 hours, and provide a pest and insect infestation-free environment.

3.5 Perform accurate fulfillment of orders for scheduled deliveries to designated commissaries.

3.5.1 Standard: Contractor shall ensure order accuracy. Palletized orders are identified and segregated by day of the week and location and are staged for delivery within 12 hours of container receipt at the contractor facility.

3.6 Perform scheduled deliveries to designated commissaries on time and to the correct locations, adhering to all applicable traffic laws and regulations.

3.6.1 Standard: Contractor shall ensure on-time delivery of palletized orders to commissaries on scheduled delivery days and times without incident, ensuring proper temperature control throughout transport.

3.7 Perform empty container inventory and return them to the commercial carriers at the Port of Guam within 8 days of receipt.

3.7.1 Standard: Contractor shall ensure inventory and notification is sent to the ocean carrier regarding empty container availability for return to the Port of Guam; containers are received, downloaded, and the carrier is notified to retrieve the empty container(s) within 8 days of their initial delivery notification. Detention charges that are incurred by DeCA due to contractor’s failure to notify the ocean carrier to retrieve empty containers will result in financial reimbursement to DeCA by the contractor for obtained detention charges.

3.8 Perform tracking of container arrival and departure to and from the Port of Guam.

3.8.1 Standard: Contractor shall ensure accuracy in tracking container movements using the United States Army Transportation Command (ARTRANS) Business Support & Container Management (BSCM) automated system for real-time visibility of container status.

3.9 Perform an investigation into reported stock discrepancies (e.g., damage, missing, or spoiled product), and reconcile discrepancies between reported inventory and actual stock levels through finical compensation ensuring accounting practices.

3.9.1 Standard: Contractor shall diligently document any damage, missing, or spoiled product resulting from their negligence, and financially reimburse DeCA for these discrepancies while strictly adhering to the established claims/invoice process; furthermore, the Contractor must pay applicable stock discrepancy allowances via invoice charge within 30 days of receiving formal notification.

3.10 Provide dedicated temporary storage space (dry refrigerated/chilled and frozen) for all DeCA palletized products to ensure food supply continuity during emergency conditions.

3.10.1 Standard: Contractor shall dedicate temporary storage space (dry, refrigerated, and frozen) to accommodate all DeCA palletized products during Force Majeure events or other emergency conditions, guaranteeing food supply continuity during times of crisis.

3.11 Required Documentation

The contractor shall provide the required documentation as specified by the government. Delivery schedule for the following required documentation shall be completed as outlined in PWS.

Container Receiving Logs (3.1.1) Temperature Monitoring Logs (3.2.1) Pest Control Records (3.4.1)

4 Special Requirements This section describes the special requirements for this effort. The following sub-sections provide details of various considerations on this effort.

4.1 Safety

The Contractor shall comply with all applicable OSHA, DOD, DeCA and Installation safety regulations.

OSHA: https://www.osha.gov DOD: https://www.esd.whs.mil/dd DeCA: DeCA form 30-17 and 30-301 (www.commissaries.com)

4.2 Security of Property

The contractor shall be responsible for safeguarding all DeCA food products while in the contractor's possession to prevent commingling, theft, tampering, or contamination of products.

4.3 Accident Reporting

The contractor shall report accidents immediately to the COR or on-duty government manager. Accidents resulting in death, traumatic injury, occupational illness or damage to government property incident to work performed under this contract shall be reported on DeCA Form 30-301 IAW DeCAM 30-17.1, Chapter 6 and Appendix E. A copy of the accident report shall be maintained by the contractor and the COR or on-duty government manager. Such notification shall be as soon as practicable, but in no case later than the next business day following the accident.

5 Government Furnished Materials This section describes the special requirements for this effort. The following sub-sections provide details of various considerations on this effort.

5.1 Government Furnished Material

Government Furnished Material (GFM) not provided, all equipment necessary for the contract performance is the responsibility of the contractor.

6 Environmental Requirements The Contractor shall comply with all environmental requirements listed below as mandatory and referenced under paragraph 3.0, Performance Requirements. The Contractor shall comply with all applicable OSHA, DOD, DeCA and Installation environmental regulations.

7 Applicable Publications The contractor shall retain the required publications specified by the government to ensure compliance with USDA, FDA, and DoD temperature control guidelines, food safety regulations, and sanitation requirements as outlined in the PWS.

USDA Hazard Analysis and Critical Control Point (HACCP) (3.3.1) (https://www.federalregister.gov/documents/1996/07/25/96-17837/pathogen-reduction-hazard-analysis-and-critical-control-point-haccp-systems) FDA CFR 21 Part 117 (3.3.1) (https://www.govinfo.gov/app/collection/cfr/2025/title21/chapterI/subchapterB/part117) MED 530, NAVMED P-5010-1, AFMAN 48-147_IP, Tri-Service Food Code (3.3.1) (https://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/ARN15052_TB_MED_530_FINAL.pdf)

8 Transition Period To ensure seamless service and adherence to the contractual obligations, the contractor shall achieve full performance of all aspects related to handling of DeCA food products. This includes the complete and competent receipt, storage, handling, transportation, and distribution of dry, refrigerated, and frozen food products sourced from DeCA suppliers to designated commissaries located at both Andersen Air Force Base and Orote Naval Base. The timeline for achieving this full operational capacity set at 90 days after the contract official award date.