Attachment 1 - Performance Work Statement.pdf

PERFORMANCE WORK STATEMENT (PWS)

FOR

Catered Meal Services

1. 0 General:

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

1.2 Background: The Texas Army National Guard will at times require the services of a caterer. A catered meal is defined as "a meal prepared in a commercial establishment for consumption there or delivered to a specific location, or prepared at the consumption site using the caterer's portable equipment and subsistence supplies." There is no authority for a caterer to use Government-furnished equipment or Government-furnished facilities to prepare the meals. Caterers may locate a self-sustaining kitchen trailer or food truck at the requested location. Cooking tents and open/outdoor cooking are not authorized on location. Caterers preparing meals off site must ensure food safety precautions are adhere to at all times.

Catered meals are authorized to the National Guard and Reserve Components in accordance with AR 30-22, Operating Procedures for the Army Food Program, Para 3-42. The caterer shall provide personnel, supervision, and any items and services necessary to perform full catering services and in accordance with State and Local sanitation law requirements. All setup, serving, breakdown and cleanup will be the responsibility of the contractor. Contractor is not responsible for cleaning dining areas and kitchen areas.

Contractor is responsible for cleaning serving lines if utilized.

1.3 Period of Performance (PoP): The Period of Performance shall be from 3 - 21 August 2023

1.4 General Information:

1.4.1 Quality Assurance (QA): The Government will evaluate the contractor's performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP) and Exhibit A of this PWS. This lists items important to the Government and will be utilized to validate the quality of the service.

1.4.3 Recognized Holidays: The following are recognized United States (US) holidays. The contractor shall perform services on these days if requested:

1.4.3.1 New Year's Day: January 1st

1.4.3.2 Martin Luther King, Jr.'s Birthday

1.4.3.3 President's Day

1.4.3.4 Memorial Day

1.4.3.5 Juneteenth: June 19th

1.4.3.6 Independence Day: July 4th

1.4.3.7 Labor Day

1.4.3.8 Columbus Day

1.4.3.9 Veteran's Day: November 11th

1.4.3.10 Thanksgiving Day

1.4.3.11 Christmas Day: December 25th

1.4.4 Place and Performance of Services: The contractor shall provide services between the hours of 0600 - 2000 hours except on recognized US holidays or when the Government facility/installation is closed due to local or national emergencies, administrative closings, or similar Government-directed facility/installation closings, unless requested by the Government.

Performance shall be at: 2200 W 35th Street, Austin, TX 78703. Camp Mabry BLDG 75.

The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS when the Government facility/installation is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential. Teleworking is not authorized.

1.4.4.1 Unscheduled gate closures by the Security Police 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.

1.4.4.2 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 this contract.

1.4.5 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 the Army (HQDA) and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in the contractor security matters or processes.

1.4.5.1 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). Any additional documentation or forms will be provided by either the location access personnel or Provost Marshals office. The submission of these requirements is the responsibility of the contractor.

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

1.4.5.3 AT Level 1 Awareness Training (AT): All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete Level 1 AT within 30 calendar days after contract start date and within 30 calendar days of new employees commencing performance. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee to the COR within 15 calendar days after completion of training. Level 1 AT is available at http://jko.jten.mil/courses/atl1/launch.htm1.

1.4.5.4 iWATCH Training: The contractor and all associated subcontractors with an area of performance within an Army-controlled installation, facilities or area shall brief all employees on the local iWATCH program. This local developed training shall be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR or the KO. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance. The contractor shall report completion for each contractor employee and subcontractor employee to the COR, within 15 calendar days after completion of training.

1.4.6 Special Qualifications: The contractor shall ensure all employees possess all local and state required food safety certifications for preparing/serving food and food items in the performance of this contract. This does not include education or other qualifications for the position in which the contractor employee is performing, dress codes, or other information. The contractor shall ensure all employees engaged in the preparation and serving of food are medically cleared by medical professionals prior to the execution of this contract. NOTE: The Government does not provide training and/or medical screening to contractors. Contractors must ensure that any personnel performing under a contract are fully trained, licensed, certified and qualified to provide services.

1.4.7 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.

1.4.8 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.

1.4.9 Identification of Contractor Employees: All contractor personnel attending meetings, answering Government telephones and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression that they are Government employees. The contractor shall ensure that all documents or reports produced by contractor personnel are suitably marked as contractor products or that contractor participation is appropriately disclosed. The contractor's status as a "contractor" shall be predominantly displayed in all correspondence types (to include signature blocks on e-mail) and dealings with Government or non Government entities. Contractor personnel shall wear identification badges distinguishing themselves as such. The badges shall have the company name, employee name and the word "contractor" displayed.

The contractor shall retrieve all identification media (including vehicle passes) from its employees who depart employment for any reason.

1.4.10 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 http://jko.jten.mil/courses/atl1/launch.htm1 take appropriate action, up to and including termination, against employees or subcontractors that violate the US Government policy as described at FAR 22.17.

1.4.11 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 OCls, 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 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.

2.0 Definitions and Acronyms:

2.1 Definitions:

2.1.1 Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2 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.

2.1.3 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.

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

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

2.1.6 Key Personnel: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

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

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

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

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

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

2.2 Acronyms:

AEI Army Enterprise Infostructure

AR Army Regulation

AT/OPSEC Antiterrorism/Operational Security

BI Background Investigation

CM Contract Manager

CMRA Contractor Manpower Reporting Application 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

19 Ver. May 2018

SSN Social Security Number

TE Technical Exhibit

USD(I) Under Secretary of Defense for Intelligence

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): The Government will not provide the property, material, equipment, and/or services solely for the purpose of performance under this contract:

3.1 Property: The Government will furnish the necessary clean workspace for the contractor to perform services outlined in this PWS to include area for serving meals that is protected from the elements, tables to set up serving line, and refuse containers for garbage/refuse resulting from meal service only.

3.2 Materials: None

3.3 Equipment: None

3.4 Services: None

3.5 Utilities: The only utilities in the facility will be available for the contactor's use in the performance of this contract are electricity for facility installed lighting and contractor provided portable hot/cold serving lines, water/sewage for handwashing and restroom utilization. The contractor shall instruct employees in utilities conservation practices. The contractor will be allowed to temporarily connect mobile kitchen to water and electrical outlets so as the connection is temporary and does not damage and/or alter the physical building/location. 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.

4.0 Contractor Furnished Property, Materials, and Equipment {CFP/M/E):

4.1 General: Except for those items specifically stated to be Government-Furnished in Paragraph 3.0, the contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.

5.0 Requirements: The contractor shall:

5.1 Obtain any and all necessary permits from governing body of locations services are to be delivered prior to performance of this contract.

5.2 Prepare food listed on provided menu provided in response to the Request for Quote or Request for Proposal and subsequent award document, according to commercially acceptable standards for the particular menu item. The caterer shall plan the menu to ensure that no "same main entree meat, starch or vegetable combination menu" is served within a 7-day period for any lunch or dinner meal.

Additionally, no "same menu" for breakfast should occur in a 5-day period. Meal plan shall not include alcoholic beverages of any type. A minimum of two different drinks per meal should be offered.

5.3 Provide all single use plates, napkins, bowls, cups, cutting utensils, serving utensils, and condiments, to compliment the meal being served.

5.4 Comply with sanitation requirements of the State and Local laws regarding food code which would result in a satisfactory or better rating from a health inspection. Contractor provided mobile kitchens must be licensed/inspected in the state of Texas. Current license and inspections are to be prominently displayed inside the mobile kitchen.

5.4.1 Ensure all menu items will be prepared, transported, served and maintained at the temperatures recommended by the USDA. Food will be handled in strict adherence to food safety and precautions as recommended by the State of Texas and the U.S. Department of Agriculture (USDA) http://www.fsis.usda.gov/fact_sheets/safe_food_handling_fact_sheets. To the greatest extent possible, all food should be prepared on the day it is to be served.

http://www.fsis.usda.gov/fact_sheets/safe_food_handling_fact_sheets

5.4.2 Ensure caterer's staff will wear hairnets and if handling food, must wear gloves and have a general neat, clean appearance.

5.4.3 Clean up and enforce sanitation requirements for only the food distribution area. The Government's kitchen area, along with all cooking utensils will NOT be available to the contractor. If violations occur, the contractor will be notified and future awards could be jeopardized.

5.5 Deliver timely service as stated in the award document. The caterer shall staff the operation with the optimum number of employees for efficient operation at all times. The staff will place emphasis on quality of service. The Government reserves the right to require the caterer to remove staffs that are deemed careless or otherwise objectionable.

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

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

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

5.7 Ensure all caterers and designated assistant(s) must possess and maintain a current Food Managers Certificate issued by a program accredited by the Texas Department of the State Health Services under Texas Health and Safety Code (HSC).

5.7.1 Ensure certificates must be displayed and available for inspection at any time during the catering hours. The Government will not be held liable for the cost of certification. Additionally, the caterer shall have a current Sanitation Certificate from the Educational Testing Service (ETS); or a certificate showing completion of a formal course of study through or equivalent to, the Educational Foundation of the National Association Course in Applied Food Service Sanitation, or a sanitation course of study from an accredited college or university. The Government will not be held liable for the cost of the certification. The caterer is encouraged to have employees complete the Food Handlers Certification program from an accredited source acknowledged by the Texas Department of State Health Services.

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

5.9 Complete the feedback sheet and return to the contract specialist. However, at any time, the caterer can contact the Contracting Officer or the Contracting Officer's Representative and address any issues they may have in regards to the facility or the Soldiers.

5.9.1 Receive direction for performance of this contract only from assigned Contracting Officer or Contracting Officer's Representative. Unit leadership and/or Soldiers receiving services will not direct or modify tasks contracted to caterer.

5.9.2 Report any discrepancies to direction for performance clause to COR or CO prior to execution immediately.

5.10 Contractor Manpower Reporting Application (CMRA):

5.10.1 The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Texas Army National Guard via a secure data collection site; see par 5.10.3.

5.10.2 The contractor shall completely fill in all required data fields using the following web address:

https://www.ecmra.mil/. Reporting inputs shall be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30.

While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk at https://www.ecmra.mil.

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

http://www.ecmra.mil/ http://www.ecmra.mil/