Catering Services PWS 18 July 23.docx

PERFORMANCE WORK STATEMENT (PWS)

FOR

Catering 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 Catering Services, as defined in this PWS.

1.2 Background: AL ARNG requires the services of a caterer in support of various missions. 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 contractor’s portable equipment and subsistence supplies.” 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 government may request meals be boxed/delivered, catered/served, or have the soldiers eat at the food establishment.

1.3 Period of Performance (PoP): Five (5) Year BPA term

Period of Performance: To be issued via BPA Call

Location: To be issued via BPA Call

1.4 General Information:

1.4.1 -1.4.4.1 Reserved

1.4.4.2 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.

1.4.4.3 The contractor’s employees shall become familiar with and obey the regulations of the installation; including fire, traffic, safety and security regulations while on the installation. Contractor employees should only enter restricted areas when required to do so and only upon prior approval. All contractor employees shall carry proper identification with them at all times, and shall be subject to such checks as may be deemed necessary. The contractor shall ensure compliance with all regulations and orders of the installation which may affect performance. The Government reserves the right to direct the removal of an employee for misconduct, security reasons, or any overt evidence of communicable disease. Removal of contractor employees for reasons stated above does not relieve the Contractor from responsibility for total performance of this contract.

1.4.4 Reserved

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

1.4.5.1 Reserved

1.4.5.2 For contractors that do not require a CAC, but require access to a DoD facility or installation: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), and applicable installation, facility and area commander installation/facility access, and local security policies and procedures (provided by a government representative).

1.4.5.3 Reserved.

1.4.5.4 Reserved

1.4.5.5 – 1.4.5.13 Reserved

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

1.4.7 -1.4.8 Reserved

1.4.9 Contract Manager (CM): The contactor shall designate a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO. The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The CM shall work through the KO 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.

1.4.10 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.

1.4.11. Combating Trafficking in Persons: The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government’s zero tolerance policy, the actions that will be taken against employees for violations of this policy. The contractor shall take appropriate action, up to and including termination, against employees or subcontractors that violate the US Government policy as described at FAR 22.17.

1.4.12 Threat Awareness Reporting Program. For all contractors with security clearances. Per AR 381-12 Threat Awareness and Reporting Program (TARP), contractor employees must receive annual TARP training by a CI agent or other trainer as specified in 2-4b.

1.4.13 Reserved

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

1.4.15 Reserved

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:

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): The Government will provide the property, material, equipment, and/or services listed below solely for the purpose of performance under this contract: None; generally the Government’s kitchen area along with all cooking utensils will NOT be available to the contractor. Only the serving line will be utilized by the contractor for food serving.

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 Provide personnel, supervision, and any items and services necessary to provide feeding to soldiers during drill status, as requested and in accordance with State and Local sanitation law requirements.

Service Locations:

5.1.1 Food Establishments: Contractor shall coordinate unit feeding using the attached approved set of restaurant establishments. This list will remain a living document separate from the agreement, to be updated on an ongoing basis by the Food Services Program Manager based on ongoing inspection results. All prime contractor proposed additions to the food establishment facilities (permanent or mobile kitchens) shall:

a. Maintain a valid permit to operate issued by the regulatory authority

b. Be subject to inspection by State of Alabama Food Program Manager

c. Adhere to all laws and regulations of the FDA Food Code & Triservice Food Code.

d. Maintain food safety health inspection rating of 93% or above per AL ARNG Food Service Manager within the state/county facility is licensed to operate within, current within 12 months.

e. Maintain a stationary facility not more than a 60 minute drive from the feeding location. *In addition to their stationary facility, vendor may operate from a mobile kitchen, not a food truck.

5.2 Feeding Request Coordination/Invoicing:

5.2.1 Feeding Requests: Vendor shall provide method of contact for unit POCs to submit feeding requests for BPA call fulfillment. Requests will be submitted using Technical Exhibit 3. Vendor shall respond to unit requests for BPA call fulfillment within 2 business days with an itemized quote which includes the AL ARNG specific menu options.

5.2.2 AL ARNG State Catering Rate Maximums (typically updated annually):

NTE $9.50/ Breakfast*

NTE $14.50/ Lunch*

NTE $14.50 / Dinner*

NTE $25.00 per meal delivery fee, if applicable.*

*Rates are inclusive of all fees; Federal/State Tax Exempt: Gov’t is excluded from paying State and Federal taxes. The Supremacy Clause of the Constitution prevents any State government from imposing state and local taxes on a federal government entity.

5.2.3 BPA Call Issuance: Each BPA call will be issued NLT 10 days prior to the POP.

5.2.4 Final Feeding Locations: Final BPA Call CLIN Feeding Locations shall be provided by the vendor to the COR in writing NLT 3 business days after the BPA call has been issued.

5.2.5 WAWF Invoicing: Vendor shall submit WAWF invoice within 2 business days of POP end date for each BPA Call. Include via attachments all subcontractor invoices (name file by CLIN number/BPA Call Number).

5.2.8 Subcontractor Paid In Full Receipts: Vendor shall provide evidence of PAID IN FULL subcontractor (food establishment) invoices for each CLIN no later than 5 business days after services are rendered. Submit via email to a dedicated inbox (email to be provided after award) SUBJECT LINE: “BPA Call #, CLIN #, Receipt”

5.3 Food Preparation: All menu items will be prepared, transported, served and maintained at the temperatures recommended by the FDA Food Code, and the Triservice Food Code. Menu design will incorporate principles for the current Dietary Guidelines for Americans (USDA) and Health, Health and Human Services, the choosemyplate.gov (U.S. Department of Agriculture and DOD menu standards (AR 40-25, para 2-6. Preferred methods include baking, grilling, steam, broiling, braising or roasting. Limit fried options. All menu items must come from an approved source that comply with law. All meals cooked should adhere to all time and temperature control regulatory guidance of ServSafe standards. To the greatest extent possible, all food should be prepared on the day it is to be served. All meals shall be received hot and will be at a temperature of 135 degrees or higher. All food must not exceed a maximum of 4 hours life from time packaged through the end of meal service time.

5.4 Food Handlers Certification: All entities providing food service under this agreement must possess and maintain a current Food Managers Certificate issued by a program accredited by the Alabama Department of State Health Services under Alabama Health and Safety Code (HSC). Certificates must be available for inspection at any time during the catering hours. Additionally, the contractor shall maintain 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 contractor is encouraged to have as many employees complete the Food Handlers Certification program from an accredited source acknowledged by the Alabama Department of State Health Services, however the person in charge must possess the Food Protection Manager Certification through an accredited program.

5.5 Menu Requirements: Sample menus are located in Technical Exhibit 4.

a. No alcoholic beverages of any type.

b. Vendor shall send menu to Gov’t POC to verify menu choices prior to the event.

c. Breakfasts shall include at minimum:

i. Two drinks per meal

ii. 1 meat (4 oz per serving) *if including pork include a secondary option (½ / ½)

iii. 1 starch (4 oz per serving)

iv. 1 fruit (4 oz per serving)

v. All plates, napkins, bowls, cups, cutting utensils, serving utensils, and condiments to compliment the meal being served.

vi. No “same menu” for breakfast should occur in a 5-day period.

d. Lunch / Dinners shall include at minimum:

i. Two drinks per meal

ii. 1 meat (4 oz per serving) *if including pork include a secondary option (½ / ½)

iii. 1 starch (4 oz per serving)

iv. 1 vegetable (4 oz per serving)

v. Salad /Dessert

vi. All plates, napkins, bowls, cups, cutting utensils, serving utensils, and condiments to compliment the meal being served.

vii. No “same main entrée meat, starch or vegetable combination menu” may be served within a 7-day period for any lunch or dinner meal.

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

i. 6” Sub Style or round bun sandwich with 5.5 to 5.75 ounces of ham or turkey with American cheese

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

iii. Individually portioned Mayonnaise, mustard, black pepper and salt packet

iv. 1.5 ounce bag of potato chips

v. 1.5 ounce cookie or piece of fresh fruit (banana, orange, apple)

vi. 12 ounce soft drink (can), bottled water, or fruit juice

5.6 Quality of Service: Vendor shall maintain staff to ensure efficient operations, placing emphasis on quality/timeliness of service. Government reserves the right to require the vendor to remove staff that are deemed to potentially due harm to the soldiers, ie. Practicing unsafe food safety habits, inappropriate conversation, etc.

5.7 Sanitization/Waste Management: 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. Food should be handled in strict adherence to food safety and precautions as recommended by the State of Alabama and the U.S. Department of Agriculture (USDA) –http://www.fsis.usda.gov/fact_sheets/safe_food_handling_fact_sheets. Vendor shall be easily recognized, wear hairnets and if handling food, wear gloves and have a general neat and clean appearance. Clean up and sanitation requirements will also cover the food distribution area. Contractor shall keep the serving area sanitary, clean and in compliance with health standards. Vendor is responsible for all clean up related to the services they provide and the disposition of all leftover food.

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

Publication (Chapter/Page)

Federal Acquisition Regulation https://www.acquisition.gov/?q=browsefar or http://farsite.hill.af.mil/

Defense Federal Acquisition Regulation Supplement http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html or http://farsite.hill.af.mil/

AR 190-13

The Army Physical Security Program 02/25/2011 http://www.apd.army.mil/ProductMaps/PubForm/AR.aspx

AR 530-1

Operations Security

DoD 5220.22-M National Industrial Security Program Operating Manual 02/28/2006 (Change 2: 05/18/2016)

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

DD 250

Material Inspection and Receiving Report

TECHNICAL EXHIBIT 1

Performance Requirements Summary (PRS)

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

TECHNICAL EXHIBIT 2

Sample Unit Feeding Quote Form (Delete Sample Data Prior to Use)

UNIT POC FILL OUT

Unit POC: ____________________ Phone: _______________Email: ____________________

Preferred Food Establishment/Caterer: _____________________________________

Training Address: _____________________________________

Requested method of service:

_____ Boxed Meals Delivered (Authorized for Travel Only) _____ Boxed Meals Picked Up By Unit (Authorized for Travel Only) __X_ Catered Buffet Delivered (Service by Soldiers at Training Address) _____ Itemized Menu (Soldiers Dining in at Restaurant)

VENDOR FILL OUT

Vendor Name: _______________________ Date: ________________

Quoted Food Establishment Name: _________________________________________________ Quoted Food Establishment Address: _______________________________________________ Menus: Attached

$5,125.00

*Vendor may offer a rate discount from pre-priced BPA rates established in para 5.2.2 of PWS

TECHNICAL EXHIBIT 3

Sample Menu Boxed or Catered Buffet

Sample Menu Itemized Menu for Lunch Service at Restaurant

Ver. April 2022