B08-SOL_W912PF26QA011_Attachment1_PerformanceWorkStatement.pdf

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APF (Appropriated Fund) Mensa Operations USAG Italy, Darby Military Community

22 April 2026

Part 1

General Information

1. General: This is a non-personal service(s) contract under which the personnel rendering the service(s) are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

1.1 Description of Services/Introduction: This is a non-personal service(s) contract to provide Local National (HN) Mensa Operation Services in Camp Darby Bldg.5156, Via Aurelia Localita’ Tombolo Gate 27, Pisa, Italy.

1.2 Background: The Contractor shall provide all Mensa services including, but not limited to, purchasing food ingredients, preparing, cooking, and serving food and drink items and cleaning the Mensa assigned areas. This Contract serves all LNs community as prescribed by COE (Conditions of Employment) art.46, at the same time this contract serves also as dining delivery point to US military and civilian community considering the DFAC is not available in Camp Darby and external contractors periodically work in the area.

1.3 Scope: The Contractor shall provide non-personal service(s). The Contractor shall provide all Mensa services including, but not limited to, purchasing food ingredients, preparing, cooking, and serving food and drink items and cleaning the Mensa assigned areas. to include The Contractor shall provide all labor, management, tools, supplies, chemicals, supervision, and other items or services to perform. The contractor shall accomplish in the performance of this contract respecting this Performance Work Statement (PWS) and all applicable and current US and Host Nation laws and regulations including, but not limited to, Italian A.S.L. (Azienda Sanitaria Locale), Host Nation Public Sanitary Department (Dipartimento Sanita’ Pubblica) standards, applicable Italian food service law; D.lgs. 81/2008 Testo Unico sulla sicurezza del lavoro, US Army food regulations; Army Regulations AR 30-22; DA PAM 30-22; DA PAM 738-750; TB MED 530; FM 21-10; FM 10-23; FM 10-24; and TM 10-412. The US regulations can be obtained at http://www.apd.army.mil.

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1.4 Objectives: The Contractor shall provide all Mensa services including, but not limited to, purchasing food ingredients, preparing, cooking, and serving food and drink items and cleaning the Mensa assigned areas. The Contractor shall provide the following items available for meal services at the serving line:

1. Full Meals and Half Meals as specified in the following paragraphs

2. Beverage Dispenser without quantity limitation (beverages offered are smooth water, sparkling water, sparkling cold water, cola, orange juice, fruits juice, and tea).

Water and all other offered beverages must be consumed exclusively inside the Mensa area. Removing glasses or cups, under contractor property and responsibility, outside the Mensa area is prohibited. Beverages must be consumed “only” during Mensa service shift time from 11:30 - 14:00. Repair and maintenance of Beverage Dispenser is the Contractor’s responsibility and to be performed at Contactor’s expense. In case of Beverage Dispenser malfunction preventing proper beverage discharge, the Contractor will issue one (1) ½ liter bottled water with each Full Meal and Half Meal until dispenser is repaired and properly functioning.

3. Take Away Meals: One (1) ½ liter bottled water will be provided with each Full Meal and Half Meal. Take-Away is described in the following paragraphs.

4. In case of a health crisis or pandemic i.e. COVID, the service may change from self-service to take away service, without any changes on menu' offer or prices update.

1.5 General Information:

1.5.1 Quality Control Plan (QCP): The Contractor shall develop and maintain a QCP to ensure services are performed in accordance with (IAW) 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 that the work provided complies with the requirements of the contract.

The Contractor’s Proposed QCP shall be submit to the Contracting Officer (KO) through the Contracting Officer’s Representative (COR) for review within 10 days after date of contract award (deliverable # 001).

The Government (COR, Quality Assurance Specialist, and KO) will review and either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within 10 days. If the Government has provided comments, the Contractor shall then have 3 days to submit a Final QCP. After receipt of the Final QCP, the Contractor will receive the Contracting Officer’s acceptance in writing. Any proposed

Version – September 2024 Page 3 of 137 changes to the accepted QCP are required to be resubmitted for acceptance by the KO (through the COR) no later than 30 days prior to the anticipated change and before implementation by the Contractor. The timeline noted above will apply for review and acceptance for proposed changes. At a minimum, the QCP shall include and answer the following to be acceptable:

a. A chart showing the organizational structure and lines of authority, the names, qualifications, duties, responsibilities, and classification of each member of the Contractor's Quality Control Team.

b. How the Contractor will monitor work to ensure that performance complies with all deliverables (timelines, deadlines, goals, etc.)

c. How the Contractor will monitor work to ensure that performance complies with all specifications and requirements of the contract, including clauses.

d. How the Contractor will monitor and ensure staff qualifications remain current and valid including Department of Defense (DoD) Contractor Personnel Office (DOCPER) processes/approvals throughout contract performance.

e. How the Contractor will ensure all keys issued will remain controlled items (Paragraph 1.15 Key Control).

f. reserved

g. How the Contractor will identify, investigate, and correct any non-conforming performance and prevent similar deficiencies in the future.

h. How the Contractor will file and save all Quality Control related documents for the life of the contract plus 5 years.

1.5.1.1 Optional addendum to the QCP: An Analysis of Quality Control and Timeliness of Submittals (i.e. deliverables) shall be submit to the COR within 30 days upon completion of each option period or Task Order (deliverable # 002).

1.5.1.2 Quality Issues: The Contractor shall inform the COR of issues or potential issues that might affect the performance within 2 hours of identifying those issues.

Verbal reports shall be followed up by written reports within 1 day (deliverable # 003).

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1.5.1.3 Quality Assurance: 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 must 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 the acceptable quality levels (performance thresholds).

1.6 Recognized Holidays: The following provides information on recognized holidays for the purpose of the PWS. If submittal of any documentation (e.g. deliverables, submittals, etc.) deadlines fall on a holiday, the closest workday prior to the holiday will apply as the deadline for submittal.

1.6.1 U.S. Holidays: Work shall not be performed on Italian holidays and Rest day occurring during the normal workweek unless otherwise directed by the Contracting Officer.

1.6.2 Host Nation Holidays: Work shall not be performed on local Host Nation holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer.

New Year’s Day January 1st Epiphany (Three Kings Day) January 6th Easter Sunday Easter Monday Liberation Day April 25th International Worker’s Day May1st Pisa Patron Day June 17th Republic Day June 2nd

Assumption Day August 15th All Saints’ Day November 1st Immaculate Conception December 8th Christmas Day December 25th St Stephen’s Day December 26th

Region Rest Days 2026:

President day 16th Feb (Mon) Leghorn Patron 22nd May (Friday)

Memorial Day 25th May (Mon) Republic Day 1st June (Mon) Conjuction Patron Pisa 18-19 June Independence Day July 3rd (Fri) Labor Day 7th September Thanksgiving Day 26th November

1.7 Operating Hours: The Government facility office hours, facility operating hours, and the Contractor support hour requirements often coincide, however, they may differ.

Please refer to the following.

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The Contractor shall perform the Local National Daily Mensa Operation Services/Lunch Time Monday through Friday from 11:30 to 14:00. Hours of performance may vary and may be influenced by number of Mensa patrons in attendance. The Contracting Officer’s Representative (COR) will notify the Contractor one week in advance of potential changes if deemed necessary by the US Government.

Maximum required daily hours of performance at the serving line shall be

3.5 hours (3 hours and 30 minutes). Occasionally, the Contractor may be requested to perform on Saturday or Sunday for special operations/exercises. The COR will notify the Contractor three (3) working days in advance with the estimated quantity of meals to be served.

Authorized Mensa, HN Patrons: HN Patrons will be in possession of a meal card or an Army Air Force Exchange Service (AAFES) coupon and are employed by the Army or Air Force.

Authorized Mensa, HN Patrons are employees covered by the Conditions of Employment (COE). Authorized Mensa, Non-HN Patrons: Department of Army Civilian (DAC), US and Italian Military, and Guests (includes any HN Civilian, Military lawfully on the installation but not a part of the work force of DMC, dependents, dependents’ guests, HN guests, etc.). Accepted payment is in Euro only.

Authorized Mensa, Contractors: External contractors working for the US Government.

Accepted payment is in Euro only.

The three (3) categories of patrons shall use the Mensa service during the following specified time frames:

a. Authorized Mensa, HN Patrons: 1130 to 1400

b. Authorized Mensa, Non-HN Patrons: 1130 to 1400

c. Authorized Mensa, Contractors Patrons: 1300 to 1400

The above schedule is implemented to accommodate existing work shifts of Patrons and the HN bus service.

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1.7.1 Government Facility Office Hours: The Government facility office hours are 0800-1700 Mon-Fri except U.S. and Italian holidays identified in paragraph 1.6.1 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.7.2 Government Facility Operating Hours: The Government facility operating hours occur between the hours of (00:01 to 24:00) MON-SUN due to necessity in some specific case of emergency access to Mensa Building for electricity emergency, emergency repair of equipment or utilities appliance and facility. The Government facility is open from early morning until the end of service and completion of cleaning and preparations for the next day, to ensure a correct daily canteen service as per the contract. The facility is open respecting working days, excluding holidays as per the annual list. Exceptionally and subject to a separate contractual agreement, the canteen contract may occasionally also provide breakfasts, lunches and dinners during special missions/exercise and for limited periods, but always subject to a separate agreement/contract.

1.7.3 Contractor Support Hours: The Contractor shall provide support between the operations hours within the timeframes necessary to guarantee the canteen service as previously indicated The Contractor shall maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.8 Contractor Work Plan: Reserved

1.9 Military Work Schedule: Reserved

1.10 Place of Performance: The work to be performed under this contract will be performed USAG Italy, Darby Military Community (DMC), Via Vecchia Livornese 788, 56128 Tirrenia (PI), Italy. The Mensa facility is located in building 5156 Depot area.

1.11 Security Requirements: The following information is provided on security related matters.

1.11.1 Security Program: Reserved

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1.11.2 Personnel Security Clearance Requirements: Reserved

1.11.3 Background Checks: Army in Europe (AE) Regulation 604-1 provides guidance pertaining to background checks for U.S. and Host Nation Contractors.

Here is a link to the publications: https://media.defense.gov/2015/Aug/26/2001922060/- 1/-1/0/AER604-1.pdf.

1.11.4 United States Citizen: Reserved

1.11.5 Local Nationals and Third Country Nationals: Reserved

1.12 Physical Security: The Contractor shall safeguard all Government equipment, information, and property provided for Contractor use and is responsible for building facility closure and correct safety countermeasures.

1.12.1 Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. The Contractor shall immediately report suspicious activities to security personnel. Government issued access badges shall not be worn outside designated facilities where visible to the general public.

1.13 Installation Access: Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances in accordance with Army in Europe (AE) Regulation 190- 16 (AE Reg 190-16) Installation Access Control or (AE) Regulation 604-1 for Italy specific contracts, will be grounds for denying access to U.S. installations and controlled areas. The Contractor shall ensure that any subcontractors used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any subcontractor utilized by the Contractor, are made aware of and comply with these requirements. Should anything in this paragraph conflict with AE Reg 190-16 or (AE) Regulation 604-1, the regulation takes precedent.

The Contractor shall be aware of and comply with the requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control System (IACS) processing requirements.

https://media.defense.gov/2015/Aug/26/2001922060/-1/-1/0/AER604-1.pdf https://media.defense.gov/2015/Aug/26/2001922060/-1/-1/0/AER604-1.pdf

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The Contractor shall return installation passes to the issuing IACS office when the contract is completed or when a Contractor employee no longer requires access.

AE Reg 190-16 can be found on the following website:

https://media.defense.gov/2017/Apr/27/2001921546/-1/-1/0/AER190-16.pdf

1.13.1 Installation Pass Log: In addition, the Contractor shall submit the Contracting Officer, via the COR, an Initial Installation Pass Log within three (3) calendar days after contract award. The log must at a minimum contain the following information copy of a valid I.D. or Driver’s License, copy of old pass if available, Scheda Anagrafica or visura camerale, information height, weight, eye and hair color of the applicant, all NLT 60 working days before expiration or 60 working days before date of hiring (deliverable # 4). Personnel without regular pass cannot work inside Mensa area under this contract.

The log shall be updated as employees are added or removed. The Updated Installation Pass Log shall be current and available at any time upon request by the Government and submitted to the COR within five (5) days after any changes to the log.

1.13.2 Installation Pass Collection: The Contractor shall collect the installation access passes the same day employment of an individual has expired or has been terminated. The contractor shall return installation access pass to the issuing office within 1 day.

1.14 Common Access Cards (CAC): The Contractor shall be able obtain and maintain a CAC. The Contractor shall submit the Mission Partner Identity and Access Management (MP ICAM) registration request (provided by the COR) to the COR within fifteen (15) calendar days after award (unless circumstances require otherwise and as directed by the KO) 1 day (deliverable # 5). The Contractor shall ensure safeguarding of Personally Identifiable Information (PII) and comply with requirements under paragraph 1.25.5. Web site https://mpartnerspnrweb.dmdc.osd.mil/mpartnerspnrweb/app/.

1.14.1 CAC Log: The Contractor shall submit a CAC log within 30 calendar days after contract award and within five (5) days after changes have been made, unless circumstances require otherwise and as directed by the Contracting Officer. The COR will provide format and content for the log during the post award meeting. Note - CACs are Government property and shall be accounted for.

https://media.defense.gov/2017/Apr/27/2001921546/-1/-1/0/AER190-16.pdf https://mpartnerspnrweb.dmdc.osd.mil/mpartnerspnrweb/app/

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1.15 Key Control: The Contractor shall establish and implement methods of making sure all keys issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards.

No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Contractor’s Security Plan (NA), and the QCP. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any incidents of lost or duplicate keys to the Contracting Officer. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the KO, re-key or replace the affected lock or locks;

however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from payment due to the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the payment due to the Contractor. The Contractor shall prohibit the use of Government issued keys by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the KO. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the QCP. Keys of the new facility will be consigned to the Contractor one or two days (48 hours maximum) before the service start date IAW previous contract closure operations. All actions must be taken to ensure and maintain the Mensa service without a break, or break unavoidable, keep it to a minimum.

1.16 Post Award Conference: The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5 and Army Regulation 70-13. The KO, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the KO will apprise the Contractor of how the Government has assessed the Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

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1.16.1 Periodic Progress Meetings: The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings that relate to the functions and services herein as required by the Government to provide effective communication and impart necessary information. The Contract Manager or designated representative shall attend meetings as requested by the Government.

Meeting attendees shall at times include Contractor managerial, supervisory, and other personnel knowledgeable of the subject matter. Meetings may end outside of regular duty hours. The Contractor shall submit meeting minutes notes to the COR for review within 10 days after the day of the meeting (deliverable # 6). The COR will review and either notify the Contractor in writing of acceptance of the meeting minutes or return with their comments to the Contractor within 7 days. If the Government has provided comments, the Contractor shall have 3 days to submit a Final meeting minutes.

1.17 Contracting Officer’s Representative (COR): Refer to Part 2 of this PWS for the definition of a COR. As determined by the KO, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the KO.

The designation letter states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

The COR monitors all technical aspects of the contract and assists in contract administration. The COR is not authorized to obligate the Government. If the work is not written in the contract, the COR is not authorized to request new work. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the KO and Contractor of any deficiencies, coordinate availability of Government property, and coordinate site entry of Contractor personnel. To ensure proper oversight, the Contracting Officer (KO) may appoint multiple Contracting Officer Representatives (CORs). In cases where multiple CORs are appointed, each will receive an appointment letter specifying their unique roles and responsibilities.

1.18 Key Personnel: The following personnel are considered key personnel by the Government: Contract Manager and his/her alternate. The Contractor shall provide a Contract Manager (CM) who shall be responsible for the performance of the work. The

Version – September 2024 Page 11 of 137 name of this person and an Alternate Contract Manager (ACM), who shall act for the Contractor when the CM/ACM is absent, along with a Curriculum Vitae (CV) for each of these individuals, shall be submitted in writing to the KO via the COR no later than 5 days. (Acceptance of the CV by the Contracting Officer is required before these individuals are permitted to perform any task on this contract.) The CM and ACM shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The CM or ACM shall be available between Operations hours and also in case of emergency (00:00/24:00) Mon-Sun. Qualifications for all key personnel are listed below:

a. Contract Manager and Alternate Contract Manager: The Contractor shall identify key personnel and the positions those personnel will hold. The Contractor shall submit resumes (in English) for the contract manager and his/her alternates. The resumes shall demonstrate that the contract manager and his/her alternates have at least two (2) years of experience as manager of a food facility and can clearly speak, read and write in English (level 3 minimum as indicated at Att.6) . Resumes shall clearly demonstrate that key personnel meet all requirements of the PWS. The Contractor shall replace the contract manager and/or alternate should the customer (USAG-I) question his/her ability to speak, read, and/or write English clearly The contractor's ability to understand, speak, read, and write English is fundamental and essential to the success of the contract. The client (USAG-I) reserves the right to withdraw from the contract if this qualification is not adequate to the required standards.. The contract manager and his/her alternate will be formally appointed and will be responsible for supervision of all daily Mensa operations and equipment inventory and respond during planned and unexpected inspections. The alternate manager function may not be “an additional duty” assigned to the chef or other employees assigned to kitchen duties; this is a specific position required to monitor operations daily IAW PWS, control cash point and equipment inventory operations. In addition, the alternate manager must communicate in clear English with guests, RCO representatives and inspectors.

The Contractor shall submit a Letter of Commitment stating that the Mensa Manager will be available if the Contractor is awarded the contract. Letters of Commitment will be signed by both the Contractor and the Mensa Manager, and must be provided on the Contractor's official letterhead. Letter of Commitment shall be valid for not less than one

(1) year from the date of contract award.

The contract manager shall be responsible for the day-to-day performance of work. The name of this person and an alternate, who shall act for the Contractor when the manager is absent, shall be provided in writing to the Contracting Officer and the COR

Version – September 2024 Page 12 of 137 along with the Contractor Quality Control Plan. The Contractor shall provide telephone numbers for the contract manager and alternate so they may be contacted immediately in case of an emergency (i.e., fire, power outage, etc.).

The contract manager and alternate shall have full authority to act for the Contractor on all matters pertaining to the performance of this contract. The contract manager and alternate shall speak, read, and write in English (Level 3), and meet with US Government personnel designated by the Contracting Officer to discuss contract performance and/or problems between the hours of 0800-1500, Monday through Friday, and correspond with US VET inspectors and understand identified deficiencies/shortcomings. At least two of the Contractor’s employees shall have familiarity with the most common computer applications and operative systems and shall successfully pass required exams and be issued a personal Common Access Card (CAC) necessary for authorized to access US Government computers and installed automated systems.

The alternate/or the alternates to contract manager must have working knowledge of cash/computer point operations in case of the manager’s absence, and is responsible for inventory equipment reports. The alternate manager shall be responsible to supervise all daily Mensa operations and inventory equipment reports during the contract manager’s absence. Alternate manager duties may not be assigned as “an additional duty” to the chef or other employees assigned to kitchen duties; it is a specific position required to monitor the operations IAW PWS daily.

b. Quality Control Manager: {Chef} The Quality Control Manager must demonstrate a minimum of 5 years’ experience, within the past 10, working as a Quality Control Manager. Quality Control Manager/Alternate shall be able to read and write English to grant daily operations.

c. Systems Administrator: reserved

d. Special Qualifications: reserved

1.19 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 must identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. The Contractor shall ensure that all documents or reports

Version – September 2024 Page 13 of 137 produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.19.1 Contractor’s Workspace: reserved

1.19.2 Contractor Identification: The Contractor (to include subcontractors) shall provide each of their employees an easily readable identification. The badge shall include the employee’s name, the contractor’s company name, the functional area of assignment, and employee last name. Companies with U.S. Government contracts shall require their employees to wear these badges visibly when performing work at Government workplaces unless this would be impractical because of mission or safety considerations. The Contractor shall collect all ID Badges upon completion of the contract or termination of employee. A listing of issued ID cards shall be furnished to the COR prior to the contract performance date and updated as needed to reflect Contractor personnel changes. The badge will be worn on an outer garment on the front of the body between the neck and waist and be visible at all times. Employees shall, during their tour of duty wear uniforms of a suitable type designed for Mensa operations. All apparel, aprons, caps, hair restrains and facial masks, as appropriate, shall be furnished by the Contractor at no additional cost to the US Government. The uniform and apparel shall be clean and sanitary each day. The Contractor shall ensure that each employee who is employed by the Contractor and working on the installation has a current and valid professional medical certificate, as required by the Italian Law, before starting work, and that said certificate shall not expire prior to completion of services according to this contract.

1.20 Contractor Travel: Reserved

1.21 Other Direct Costs (ODCs): Reserved

1.22 Data Rights: The Government has unlimited rights to all documents and materials produced under this contract. All documents and materials, to include the source codes of software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership and copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the KO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

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1.23 Non-Disclosure Requirements: Performance under this contract may require the Contractor to access data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this work statement would be adverse to the interests of the Government or others. The Contractor and Contractor personnel shall not divulge, or release data or information developed, or obtained under performance of this PWS, except to authorized Government personnel or upon written approval of the Contracting Officer.

The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or other personal information shall be controlled and protected under the provisions of the Privacy Act of 1974, Public Law 93-579, 5 United States Code (U.S.C.) Section 552a.

1.23.1 Non-Disclosure Statements: The Contractor shall submit signed non-disclosure agreements to the Government no later than 10 days prior to commencement of work under the contract (deliverable # 7). Disclosure of information by Contractor personnel may result in Contractor personnel removal from performance under this contract.

1.24 DoD Commercial Use of Imagery Guidelines: Per Public Use Notice of Limitations stated by Defense imagery Management operations Center and contained at www.dimoc.mil/resources/limitations/, the Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any hard copy or digital marketing tools to include its company website.

1.25 Organizational Conflict of Interest (OCI): Contractor and subcontractor personnel performing work 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 OCI 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 OCI Mitigation Plan will be determined to be acceptable solely at the discretion of the Contracting Officer. In the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she http://www.dimoc.mil/resources/limitations/

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1.26 Phase In /Phase Out Period: To ensure a smooth transition and minimize disruptions of services, the Contractor must have personnel hired, trained, and ready to work during the 5 days phase in/ phase out periods phase-in/phase-out periods. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date.

1.27 Safety: The following provides information pertaining to Safety and Accident Prevention: (Required for construction contract, repair and maintenance contract, and all Base maintenance solicitations and contracts that include a repair and maintenance feature. Section may be used as applicable elsewhere. RA shall consult with the responsible Safety Officer and Activity Manager applicable to location(s) associated with this PWS.)

1.27.1 Host Nation Safety Laws and Regulations: The Contractor shall comply with FAR 52.236-13, Accident Prevention (November 1991), the references contained therein (e.g. U.S. Army Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1)), D.Lgs. 81/08, HACCP and all applicable Host Nation Safety Laws and Regulations.

The requirements under FAR 52.236-13 and specifically of the EM 385-1-1 include, but are not limited to the following:

a. Before initiation of work at the job site, an Accident Prevention Plan, written by the Contractor for the specific work and hazards of the contract and implementing in detail the pertinent requirements of EM 385-1-1; will be reviewed for acceptance by designated Government personnel. Specific requirements for development of the Accident Prevention Plan are found in 01.A and Appendix A of EM 385-1-1. EM 385-1-1 is available online at www.usace.army.mil.

b. Before beginning each activity involving a type of work presenting hazards not experienced in previous project operations or where a new work crew or subcontractor is to perform work, activity hazard analysis (AHA) shall be prepared by the Contractor performing the work activity (See paragraph 01.a.09 of EM 385-1-1).

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c. The Contractor shall require subcontractors to submit their plan of operations showing methods they propose to use in accomplishing major phases of work.

d. The Contractor shall discuss the plans in conferences convened by the Contracting Officer prior to starting work on each major phase of operation. Plans shall include all pertinent information such as layout of haul roads, access roads, storage areas, electrical distribution lines, methods of providing minimum exposure to overhead loads, and methods of access to work areas. The plan for accomplishing the initial work phase shall be submitted within 15 calendar days after award of the contract (deliverable # 8).

Plans for subsequent major phases of work shall be submitted no later than 15 calendar days prior to initiation of work on each major phase (deliverable # 9).

e. Reserved

f. Food distribution contract must comply with following certification and legislation and subsequent amendments

(1) UNI EN ISO 9001:2015 Quality Management System;

(2) UNI EN ISO 14001:2015 Cat G Environment Management System;

(3) UNI EN ISO 14040:2006 Life Cycle Assessment Study;

(4) UNI CEN ISO/TS 14067:2013 Greenhouse effect – carbon footprint product

(5) IFS Food International Food Standard Version 6

(6) SA 8000:2014 Social Accountability 8000 – (Respect of human rights / Ethics in the work environment);

(7) UNI EN ISO 22005:2008 (Traceability System);

(8) DTP 108 (Gluten free certification);

(9) UNI EN ISO 22000:2005 (Food Safety Management System);

(10) BS OHSAS 18001:2007 (Occupational Health and Safety Management Systems

- Food Service Requirements)

(11) UNI 10854:1999 (Hazard Analysis Critical Control Point – Hygiene Self-

Monitoring Management System Risk Management)

(12) Food service operations are performed IAW TB MED 530

(13) Quality control system including identification of the commercial practices and procedures to be used, which enforces heath and food services sanitation requirements in accordance with A.S.L. standards

(14) AR 30-22 The Army Food Program

(15) The Food Service Program 17 JUL 2019

Version – September 2024 Page 17 of 137

(16) DA PAM 30-22 Operating procedures for the Army Food Program 17 JUL

(17) AR 40-25 Nutrition Standards and Education 3 JAN 2017

(18) TM 4-41.11 Dining Facility Operations 23 APR 2012

(19) TM 4-41.12 Food Program Operations 23 APR 2012

(20) DA FORM 4283 Facilities Engineering Work Request 1 NOV 2018

(21) Law No. 283/1962 (Food Hygiene):

(22) Establish the basic rules for the hygiene and safety of food products.

(23) Regulation (EC) No. 178/2002:

(24) Defines the general principles for food law, including traceability and safety.

(25) Regulation (EC) No. 852/2004:

(26) Establish hygiene rules for the production and distribution of food, including the use of the HACCP system.

(27) Regulation (EC) No. 853/2004:

(28) Regulates the hygiene of food of animal origin.

(29) Regulation (EU) 382/2021:

(30) Updates Regulation (EC) No. 852/2004, with particular attention to HACCP and hygiene.

(31) Legislative Decree 193/2007:

(32) Implements Regulation (EC) No. 852/2004 in Italy, introducing sanctions for non-compliance with HACCP.

(33) Law no. 166/2016:

(34) Deals with food waste.

(35) Regulation (EU) 2023/915:

(36) Establish maximum levels of contaminants and maximum residue limits in food.

(37) HACCP:

(38) The HACCP (Hazard Analysis and Critical Control Points) fundamental tool for ensuring food safety and mandatory for all food business operators.

1.27.2 Accident Prevention: In addition to other requirements for accident prevention specified in this contract, the Contractor shall comply with all Federal, State and Local requirements governing safety and health protection on construction sites and any other applicable occupational safety codes. The Contractor shall coordinate all work at the site, including development of plans and providing advance notices.

The Contractor shall indicate its plan for compliance considering conditions of the work described by the design, technical proposal, operational activities of the Government or

Version – September 2024 Page 18 of 137 others in the area of the work, identification of the coordinator, and implementation of all other accident prevention provisions of this contract. For the compliance with host nation laws and regulations, the Contractor shall comply with the non-exclusive list of duties described in this paragraph. If the Contractor determines that additional activities are required to fully comply, the Contractor shall ensure that compliance with the laws is complete. The Contractor shall report all accidents, regardless of severity, immediately verbally and in writing within four (4) hours to the COR and before close of business (16:30hrs) of the same day. This includes, but is not limited to, injuries on Contractor’s personnel, injuries on patrons occurred within the Mensa area, major spills of hazardous material, damage to US Government property, or accidental loss of US Government property resulting from the activities of the Contractor. In addition, the Contractor shall cooperate and provide information to any follow-up investigation of an accident by the installation safety personnel or the appropriate command representative. The Contractor shall notify the COR when systems/equipment are inoperable or damaged.

Preventative maintenance shall be the responsibility of the Contractor. The Contractor shall report equipment defects to the COR.

The Contractor shall be aware of local safety requirements and ensure that all reasonable efforts are made to protect all persons from harm and US Government property from damage. The following documents will be required:

a) Single document for the assessment of interferential risks (Documento Unico di Valutazione dei rischi da Interferenze – D.U.V.R.I.) completed and provided to RSPP, COR and RCO, NLT 7 days from contract starting date;

b) Hazard general list (Matrice delle interferenze e delle misure di prevenzione e protezione adottate) completed and provided to RSPP, COR and RCO, NLT 7 days from contract starting date;

c) Standard Operating Procedure review: Emergency Plan for the Evacuation of injured people for USAG/Camp Darby, Livorno (Aggiornamento della procedura operativa: Piano di pronto intervento per l’evacuazione delle persone infortunate per la comunita’ USAG/Camp Darby di Livorno).

1.27.3 Safety Notifications: The Contractor shall complete and submit safety notifications required by host nation authorities and shall provide documented proof to the Contracting Officer via the COR, no later than 2 days that such notifications were made:

Version – September 2024 Page 19 of 137

a. The Contractor shall establish an approved safety plan that can be verified by the COR.

b. The Contractor shall submit a copy of the safety program to the Contracting Officer no later than ten (10) days prior to start of performance. As part of the safety program, the Contractor will establish and implement a HAZCOM (hazard communication) plan in the Mensa facility to inform and train employees on the proper use of chemicals. The program will be developed using manufacturer’s product information and Safety Data Sheets (SDS must be available in English and Italian version). The program will consist of an inventory of hazardous materials used in the dining facility, manufacturer’s SDS and instructions on proper use of each material, proper label on the containers and employee training. SDS station will be available for employee use.

c. Safety Rules and Regulations. In performing the services required hereunder, the Contractor shall conform to all safety rules and regulations applicable to the subsistence building and facilities which are in effect during the time of performance of this contract and shall take such other precautions as may be reasonably required hereunder to assure accident-free performance. All accidents, however, which may arise out of or in connection with the performance of services required hereunder, and which result in injury, death or property damage, shall be reported in writing to the COR with a copy to the Contracting Officer within 24 hours after such accident occurs.

Reports with full details of the accident involved, including statements of witnesses shall be provided to the COR once they become available for distribution. If a claim by a third party is made against the Contractor on account of an accident that occurs in connection with performance of this contract, the Contractor shall promptly report the facts, in writing, to the Contracting Officer.

1.27.4 Italian Safety Law Decreto Legislativo (DLGS) 528/99:

Reserved

1.28 Environmental Compliance Plan and Program:

Contractor must be certified UNI EN ISO 14001:2015 Cat G Environment Management System and subsequent updates

“The Contractor shall ensure that all of its operations and activities conform to the USAG Wiesbaden's environmental policy requirements. The Contractor shall ensure that all contract personnel have received appropriate levels of training in the handling, Version – September 2024 Page 20 of 137 use, storage, and disposal of hazardous material. In addition, the Contractor shall ensure that all Contractor controlled activities on USAG Italy installations are conducted in accordance with the USAG Italy Spill Prevention and Response Plan, Solid Waste Policy, Final Governing Standards-Italy, and applicable Italy environmental laws/standards.”

The Contractor shall comply with all applicable environmental protection directives. The Contractor shall follow manufacturer’s guidelines and professional recommendations for control of humidity, temperature, cleanliness, and materials handling. Upon occurrence of any spill that could enter the sewer system or could cause any harmful environmental effects, the Contractor shall notify, immediately, the Fire Department/MP/PWO at DSN 645 8202 and the COR DSN 645 8536 to report the incident and request support.

1.28-1 Hazardous Material / Substances: If contract requires the use of hazardous materials/substances, the Contractor shall, prior to mobilization, inform the KO/COR of the types and amount of hazardous materials needed to be brought onto the Garrison in order to fulfill their contractual requirements. Contractor shall also provide the Safety Data Sheets, storage requirements and proposed storage locations for the hazardous material. The KO/COR shall provide a copy of this information to the Garrison Fire Department and the Environmental Division.

SDS in Italian and English always available for all produtcts haz-mat and chemical utilized, also a published inventory always 100% update must be visible on each haz mat storage area.

1.28-2 Contract Completion: Prior to contract completion, the Contractor shall remove all hazardous materials and dispose of all hazardous waste (HW) generated in accordance with Final Governing Standards Italy and applicable Italy environmental laws/standards. A copy of the HW disposal documents shall be forwarded to the COR and HW program manager at the Department of Public Works (DPW) Environmental Division within 10 days after disposal.

1.28-2 Contract Clean-up: The Contractor shall clean up at its own expense any contamination, including soil and ground water contamination caused by hazardous materials/substances brought onto the garrison, or by his activities. The Contractor shall immediately report any hazardous substance spills to the Garrison Fire Department and COR within 30 minutes and written follow-up within 24 hours. “The Contractor shall contact the COR and the USAG Italy Directorate of Public Works-Environmental Division (DPW-ED), for a copy of the Garrison Environmental Policy, Spill Prevention

Version – September 2024 Page 21 of 137 and Response Red Plan, Garrison Solid Waste Policy and Italy Final Governing Standards.

“Current Environmental Policy and Current Prohibited Refuse Disposal Practices Policy (see link website below):

https://home.army.mil/ansbach/6415/4696/0913/Spill_Prevention_Handout.pdf https://home.army.mil/ansbach/6215/4696/0915/Haz_Waste_n_Haz_Mat_Handout.pdf https://home.army.mil/ansbach/5415/4696/0936/Green_Procurement_Handout.pdf https://home.army.mil/ansbach/2615/4696/0939/Environ_Friendly_Buying.pdf

1.29 Required Training: The following provides information on training requirements.

1.29.1 Anti-Terrorism (AT) Level I Training: All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I Training within 7 days after contract award date (deliverable # 10) or effective date of incorporation of this requirement into the contract, whichever applies, or 7 days after employment of new personnel. Contractor personnel travelling overseas shall complete area of responsibility (AOR) specific AT awareness training for U.S. based Contractor employees and associated subcontractor employees. The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee to the COR (or to the KO, if a COR is not assigned) within 7 days after completion of this training by all employees and subcontractor personnel. AT Level I awareness training is available at https://jkodirect.jten.mil. Contractor personnel shall complete refresher training every twelve (12) months except AOR specific AT Level I training which shall be completed as required by local AT policies.

If training cannot be conducted on the…