CSS W912LN22Q0049.pdf

Best Value Trade-Off

Using FAR 13.1 and FAR Part 12 Procedures

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

1.1. The combined synopsis is issued as a Request for Quotation (RFQ) / under solicitation number:

W912LN-22-Q-0049

1.2. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-07 (10 August 2022).

1.3. Small Business set-aside: 100%. Applicable size standard is $8.0M

1.4. NAICS Code: 722320.

1.5. Posting Date: 23 September 2022; Questions due by 3:00pm EST on 27 September 2022.

Questions received after that time will not be answered. Answers provided on or about 28 September 2022.

1.6. Response Date: 3:00 p.m. EST, 05 October 2022

1.7. Contracting Office: USPFO-P&C-VT; Building 3 Camp Johnson, Colchester Vermont 05446.

1.8. Government Points of Contact: Contracting Officer: joyce.l.merrill.mil@army.mil and Contract Specialists: Shawn.M.Trout2.Civ@Army.mil.

1.9. A list of line item number(s) and items, quantities, and units of measure (including option(s), if applicable

CLIN # Product/Service Quantity – U/I is each Unit Price Total

001 Dinner October 20th 100

002 Breakfast October 21st 350

003 Dinner October 21st 350

004 Breakfast October 22nd 350

005 Dinner October 22nd 350

006 Breakfast October 23rd 350

1.10. Description of requirements for the items to be acquired: Deliver and serve catered breakfast and dinner meals and perform light cleaning services in the food service area in support of military training being conducted from October 20th 2022 – October 23rd, 2022.

1.11. Periods of Performance (PoP):

October 20th, 2022 – October 23rd, 2022

Place of delivery and acceptance: Cram Dining Facility at E, Building 116, Ethan Allen Firing Range, Jericho, VT

1.12. Provision 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, and addendum applies to this acquisition

1.13. Provision 52.212-2, Evaluation-Commercial Products and Commercial Services and addendum applies to this acquisition

1.14. Offerors shall include a completed copy of 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services with its offer

1.15. FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services applies to this acquisition.

1.16. FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services, applies to this acquisition.

1.17. Additional contract provisions and clauses are applicable and included below as necessary.

1.18. Defense Priorities and Allocations Systems (DPAS) Rating: Not applicable

1.19. .

CLAUSES INCORPORATED BY REFERENCE

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and DEC 2014 Certifications.

52.204-21 Basic Safeguarding of Covered Contractor Information NOV 2021 Systems 52.204-23 Prohibition on Contracting for Hardware, Software, and NOV 2021 Services Developed or Provided by Kaspersky Lab and Other Covered Entities 52.204-25 Prohibition on Contracting for Certain Telecommunications NOV 2021 and Video Surveillance Services or Equipment 52.209-6 Protecting the Government's Interest When Subcontracting NOV 2021 With Contractors Debarred, Suspended, or Proposed for Debarment 52.209-10 Prohibition on Contracting With Inverted Domestic NOV 2015 Corporations 52.209-11 Representation by Corporations Regarding Delinquent Tax FEB 2016 Liability or a Felony Conviction under any Federal Law 52.212-4 Contract Terms and Conditions--Commercial Products and NOV 2021 Commercial Services 52.212-5 (Dev) Contract Terms and Conditions Required to Implement MAY 2022 Statutes or Executive Orders--Commercial Products and Commercial Services (Deviation 2018-O0021) 52.219-6 Notice of Total Small Business Set-Aside MAR 2020 52.219-28 Post-Award Small Business Program Rerepresentation SEP 2021 52.222-3 Convict Labor JUN 2003 52.222-19 (Dev) Child Labor - Cooperation with Authorities and Remedies JAN 2022

(DEVIATION 2020-O0019)

52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-41 Service Contract Labor Standards AUG 2018 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-55 Minimum Wages for Contractor Workers Under Executive JAN 2022 Order 14026 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-18 Encouraging Contractor Policies To Ban Text Messaging JUN 2020 While Driving 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 and Certifications.

52.232-18 Availability of Funds APR 1984

52.232-33 Payment by Electronic Funds Transfer--System for Award OCT 2018 Management 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business NOV 2021 Subcontractors 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011 Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7012 Safeguarding Covered Defense Information and Cyber DEC 2019 Incident Reporting 252.204-7015 Notice of Authorized Disclosure of Information for Litigation MAY 2016 Support 252.204-7018 Prohibition on the Acquisition of Covered Defense JAN 2021 Telecommunications Equipment or Services 252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro MAY 2022 Regime 252.232-7003 Electronic Submission of Payment Requests and Receiving DEC 2018 Reports 252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors-- APR 2020 Prohibition on Fees and Consideration 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.

(b) The permissible variation shall be limited to:

10 Percent increase 10 Percent decrease This increase or decrease shall apply to each quantity specified in the delivery schedule.

(End of clause)

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Monetary Wage-Fringe Benefits

Wage determination number 2015-4137 revision 25 dated 06/27/2022

07010 - Baker 17.98 07041 - Cook I 18.16 07042 - Cook II 20.12 07070 - Dishwasher 13.60 07130 - Food Service Worker 13.79

HEALTH & WELFARE: $4.80 per hour up to 40 hours per week or $192.00 per week or $832.00 per month

HEALTH & WELFARE EO 13706: $4.41 per hour up to 40 hours per week or $176.40 per week or $764.40 per month*

*This rate is to be used only when compensating employees for performance on an SCA-covered contract also covered by EO 13706 Establishing Paid Sick Leave for Federal Contractors. A contractor may not receive credit toward its SCA obligations for any paid sick leave provided pursuant to EO 13706.

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 10 years 4 after 15 years and 5 after 25 years. Length of service includes the whole span of continuous service with the present contractor or successor wherever employed and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of eleven paid holidays per year: New Year's Day Martin Luther King Jr.'s Birthday Washington's Birthday Memorial Day Juneteenth National Independence Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

https://www.acquisition.gov/

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulations Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

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

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF.

Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

Invoice as 2 in 1 services https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC

Issue By DoDAAC W912LN Admin DoDAAC** W912LN Inspect By DoDAAC ____ Ship To Code ____ Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) W81KCM Service Acceptor (DoDAAC) W81KCM Accept at Other DoDAAC ____ LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

WAWF POC (Accounts Payable):

Vendor Pay 802-338-3196 ng.vt.vtarng.list.j8-vendor-pay@army.mil

Invoice Acceptor:

Todd White 802-899-7188 Todd.j.white3.mil@army.mil

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

Shawn.m.trout2.civ@army.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

PERFORMANCE WORK STATEMENT (PWS)

FOR

3-172 IN (MTN) Inactive Duty Training Catered Meals

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 provide catered meals, as defined in this PWS.

1.2 Background: The Vermont Army National Guard anticipates purchasing catered meals in accordance with this Performance Work Statement. The vendor must provide timely, high quality meals cooked under commercial standards and high quality customer/Soldier service to the VTARNG 3-172 IN (MTN). The catered meals are in support of Soldiers attending Inactive Duty Training conducted at the Ethan Allen Firing Range in Jericho, VT. The majority of the training conducted at this location is based on a very structured, physically demanding and time sensitive setting. The majority of the training occurs outdoors, regardless of the weather. The VTARNG menu is designed to support this training environment, and it is critical for the contractor to provide all identified menu components and condiments within the identified food service timeframes.

1.3 Period of Performance (PoP): The Period of Performance shall be four consecutive calendar days.

20 October 2022 – 23 October 2022

1.4 General Information: This contract will fulfill feeding requirements for 3-172 IN (MTN) only.

No other customers training at EAFR will be supported by this contract. Headcounts range from 100 to 350 meals per service. See attached Headcount and the menu at the end of this PWS for additional details.

mailto:ng.vt.vtarng.list.j8-vendor-pay@army.mil mailto:Todd.j.white3.mil@army.mil

1.4.1 Place and Performance of Services: Performance shall take place at Cram Dining Facility at E, Building 116. All prepared meals shall be prepared following food safety guidelines and available on site in the serving line no later than 15 minutes before the scheduled serving time unless otherwise directed. 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. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential. Teleworking is not authorized.

Breakfast service

0630-0730 Hours

Dinner service

1730-1830 Hours

1.4.1.1 Teleworking is not authorized.

1.4.1.2 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.

1.4.1.3 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 from Government property or revoke access to Government systems 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.

1.4.2 Recognized Holidays: The following are recognized United States (US) holidays. During the period of performance, the contractor shall continue to perform uninterrupted services on the days indicated below:

N/A

The contractor shall not perform services on the days indicated below:

1.4.2.1 New Year’s Day: January 1st

1.4.2.2 Martin Luther King, Jr.’s Birthday

1.4.2.3 President’s Day

1.4.2.4 Memorial Day

1.4.2.5 Juneteenth National Independence Day: June 19th

1.4.2.6 Independence Day: July 4th

1.4.2.7 Labor Day

1.4.2.8 Columbus Day

1.4.2.9 Veteran’s Day: November 11th

1.4.2.10 Thanksgiving Day

1.4.2.11 Christmas Day: December 25th

1.4.3 Quality Control (QC): The contractor shall develop and maintain an effective QC Plan (QCP) to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QCP is the means by which it assures itself that its work complies with the requirements of the contract. As a minimum, the contractor shall develop QC procedures that address the areas identified in Technical Exhibit 1, Performance Requirements Summary (PRS). A final QCP shall be submitted to the Contracting Officer Representative (COR) NLT 10 days after contract award. After acceptance of the QCP, the contractor shall obtain the Contracting Officer’s (KO’s) acceptance in writing of any proposed changes to its QCP. As a part of the contractor’s QCP, the contractor will develop and implement a customer satisfaction surveys and provide the results, in summary and in detail, to the government. This requirement may be met using analog or electronic means. Feedback collection will be at least daily and evaluate food quality, taste, and presentation. Plan must include mitigation strategies if any trends of deficiencies are identified.

1.4.4 Quality Assurance (QA): The Government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government will do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality level(s) or defect rate(s).

1.4.5 Installation Access and 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 (see PWS 6.0). Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

1.4.5.1 For contractors requiring Common Access Card (CAC): 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), 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 Awareness Training (AT) Level 1: All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level 1 training 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 by each employee or subcontractor personnel. AT Level 1 awareness training is available at the following website:

https://jko.jten.mil/courses/atl1/launch.html.

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 (training standards provided by the requiring activity Antiterrorism Officer (ATO)). 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.

1.4.5.5 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

1.4.5.6-11 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.

1.4.6.1 Key Control. Reserved.

1.4.6.1.1-3 Reserved.

1.4.7 Special Qualifications: All supervisory staff shall be ServSafe qualified. Certificates must be provided to the Contracting Officer at the Contracting Officers request. All other employees involved in the execution of this requirement shall have a minimum of one hour training by a ServSafe certified instructor to review aspects of food sanitation to ensure compliance with safety, food handling, cleaning, etc. The contractor shall ensure all employees possess all required training and skills used in the performance of this contract. This does not include https://jko.jten.mil/courses/atl1/launch.html education or other qualifications for the position in which the contractor employee is performing, dress codes, or other information.

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

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. 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.

1.4.10.1 The contractor shall retrieve all identification media (including vehicle passes) from its employees who depart employment for any reason. The contractor shall return all identification media (i.e., badges and vehicles passes) to the KO within 14 days of an employee’s departure.

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 Contractor Travel: Reserved

1.4.13 Data Rights: 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 Phase In / Phase Out Periods: 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

AEI Army Enterprise Infrastructure

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

DSCA Defense Counterintelligence and Security Agency

EAFR Ethan Allen Firing Range

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

IAW In Accordance With

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

SCR Service Contract Reporting

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 provide the property, material, equipment, and/or services listed below solely for the purpose of performance under this contract:

3.1 Property: The Government will furnish the necessary facility space for the contractor to perform services outlined in this PWS to include a dining hall, tabling for vendor serving equipment, and tables and chairs for diners. Government kitchens are not to be used in the preparation of meals. Contractor responsible to coordinate building access requirements via the COR/contract POC.

3.1.1 Government will provide mermite containers for transport of hot/cold food items if meal is to be served other than in the dining hall.

3.2. Materials: Government will provide waste, recycle, and compost receptacles and trash bags.

3.3. Equipment: Government will provide mermite containers for transport of hot/cold food items if meal is to be served in a location other than in the dining hall.

3.4. Services: Soldiers are required to buss/remove their used dinnerware, recycle paper and plastic waste, and compost food scraps. The government will dispose of all waste, recycle, and compost materials generated during and after meal service.

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

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. The contractor shall furnish all containers, personnel, supervision, parts, tools, materials and transportation necessary to provide all prepared meals. The contractor will be self-sufficient in the ability to prepare, transport and maintain proper temperatures for all food with their own equipment. Contractors will provide enough personnel to serve each main entree in order to ensure portion control. Government owned kitchens and equipment shall not be utilized by the contractor to prepare food. However, the Cram dining facility on EAFR will be provided for the vendor to serve meals. The contractor shall provide disposable plates (or trays), bowls, cups, flatware, and napkins. IAW Vermont State Law the contractor must follow current waste, recycle, and compost guidance available at:

www.VTrecycles.com

5.0 Requirements: The contractor shall perform food service operation, sanitation, and accounting procedures in accordance with (IAW) AR 30-22, the Army Food Program; DA PAM 30-22, Operating Procedures for the Army Food Program; TB Med 530, Occupational and Environmental Health Food Sanitation, and AR 4-25, Nutrition Standards and Education, paragraphs 2-3. The aforementioned documents may be reviewed at https://www.apd.army.mil.

The contractor shall conform to specified professional standards and adhere to The Army Food Program standards and ServSafe standards (National Restaurant Association).

5.1. Food Preparation & Quality: Contractor shall prepare and serve the breakfast and dinner meals provided in the attached VTARNG menu. Any variations must be submitted in advance for review and approval by the COR. The contractor shall prepare entrees, to the greatest extent possible, on the day it is to be served. Preparation methods will follow practices to ensure nutrition, food safety, plate presentation such as color, shape, flavor, texture and temperature characteristics of the food are maintained. The quality of the food served shall be equivalent to commercially available prepared meals. Contractor must provide adequate personnel to staff the serving line and replenish condiments, food trays, and beverages in a timely manner.

5.1.1. The following guidelines must be adhered to when preparing the meals:

• No item shall be deep fat fried

• Only lean ground beef (fat content not to exceed 10%) and ground turkey (fat content not to exceed 15%) with no fillers or extenders will be used in recipes

• All sliced bread must be whole grain/whole wheat type (white with whole grains or whole wheat with at least 2.5 g fiber per serving)

• Beverages (other than milk and breakfast juices) may be served from large serving size containers such as 1 gallon jugs or decanters. No carbonated beverages (canned sodas or soft drinks) or bottled water will be served.

5.2. Menu Standard: Contractor shall provide all identified menu components. All items being served on the posted menu will be (a) available to the last person thru the line as was available to the first person thru the line; (b) be of high quality and delicious to the taste; and (c) have a pleasant presentation. The Contractor is responsible for serving and maintaining portion control in accordance with portion sizes as referenced in the menus. Contractor shall allow second servings if extra remains and all patrons have received an initial serving.

http://www.vtrecycles.com/

5.2.1. Condiments/Toppings: Offer condiments in portion control containers, bag, in a box pump, or bottles. At a minimum, the condiments/toppings listed below should be provided.

• Butter, and/or trans fats free margarine spread

• Sugar and Artificial sweetener

• Salt and Pepper - salt and pepper shakers are permitted on the tables

• Catsup, hot sauce, mayonnaise, mustard

• Jams or Jelly - offer one fruit spread or low sugar jelly/jam

• Two or more spreads if required (e.g. low fat cream cheeses, honey)

• Peanut butter

5.2.2. Salad. The contractor shall provide tossed salad components and condiments consisting of a minimum of: mixed greens, (such as romaine lettuce, spinach, green leaf, and arugula);

Iceberg lettuce should not be the sole lettuce in any offering. Salad includes tomatoes, cucumbers, carrots, croutons/crackers and three choices of salad dressings with one of those being low fat/fat free.

5.3. Meal Service: The serving line will be open for 60 minutes maximum. If a training unit is unable to attend the serving within the allotted time, those portions intended for that unit shall be transferred to mermite containers and held on site at an appropriate temperature and then served when training unit returns. The government will be responsible for retrieval and cleaning of these mermite containers. Contractor will coordinate the closure of the food service line with the COR. The COR will periodically inform the contractor of the number of patrons signed in, when all authorized patrons have signed in for the meal service, and when breakdown of the food service line may begin.

5.3.1. Alternate feeding arrangements may be required for the units as the Soldiers may be in different locations in the field. Alternate feeding arrangements or adjustments for the food service periods, shall be approved by the Contracting Office Representative (COR) and notification will be provided to the contractor 48 hours prior to the expected change. The COR will coordinate with the contractor in advance to provide the number of meals requiring mermite container transport for each unit. The contractor will deliver mermite container meals to the Cram Dining facility for government pickup. The contractor is not required to deliver meals to alternate feeding sites.

5.4. Safety, Sanitation & Cleaning: The contractor shall maintain a clean and sanitary workspace. Contractor will ensure that foods are served at the applicable temperature, based on the industry standard. Hot food will be served above 140 degrees and cold food will be below 40 degrees. Contractor will maintain a temperature log to indicate temperatures during storage, preparation, and during service. The COR shall have access to this log at any time upon request

5.4.1. In accordance with U.S. Army regulation TB MED 530, the food will be marked or otherwise identified to indicate a time no longer than 4 hours past the point in time when the food is removed from temperature control (i.e. packaged at 10:00 a.m., four hours past equals 2:00 p.m.). The food will be cooked and served, served if ready-to-eat, or discarded, within 4 hours from the point in time when the food is removed from temperature control. The food in unmarked containers or packages or marked that exceed the 4 hour limit will be discarded. The contractor is NOT authorized to use food previously served. Nonperishable items such as utensils, serve ware, fruits, pre-packaged single-serve items i.e. cookies, crackers, may be stored in the dining facility for the duration of the contract period. The contractor shall remove all perishable leftovers from the facility.

5.4.2. Based on TB MED 530, the Government estimates food preparation must occur within a 60 mile radius of Ethan Allen Firing Range, Jericho, VT. This allows for transfer of food to the mermite containers (0.5hrs), transportation to Ethan Allen Firing Range, Jericho, VT (1.5hrs), preparation for service (0.5hrs), and service/serving (1.5hrs). If the contractor chooses to prepare meals in a mobile kitchen unit the contractor shall still serve meals in the Cram dining hall using appropriate heating and cooling dishes. The Soldiers shall not be required to leave the building to get their meal(s). The mobile unit shall be held to the same standards of cleanliness and requirements for inspection as a brick and mortar facility. The unit must be fully self-contained as the government will not provide utilities to support the mobile kitchen. The government shall not provide space on which to park mobile kitchen units.

5.4.3. The contractor shall periodically clean the equipment and tables used in the food service line and the patron dining areas during and at the conclusion of the food service period.

Contractor shall ensure tables and equipment used are clean and free of grease, food debris and spills. The contractor shall ensure that the floor around the food service line is always clean and free of food debris and spills.

5.4.4. The contractor shall at the conclusion of the meal services, or as necessary, remove trash and waste related to the catered meal service using government provided waste, recycle, and compost receptacles and trash bags.

5.5. Compliance: Contractor shall be in compliance with all Federal, State and local laws, regulations, policies, permits and insurance pertaining to the appropriate food industry, including TB Med 530, AR 30-22 and DA PAM 30-22.

5.5.1. Contractor shall comply with all FDA Food Code guidelines, including only purchasing food from approved vendors. A list of food suppliers must be provided upon request. No food will be purchased from a non-US company. Refer to the following websites for additional information:

http://www.fda.gov/Food/GuidanceRegulation/RetailFoodProtection/FoodCode/ucm374275.htm.

or http://www.fda.gov/Food/FoodSafety/RetailFoodProtection/FoodCode/FoodCode2009/

5.5.2. Contractors must have received a passing score and not have more than four (4) critical findings on their most recent health inspection. The government will confirm results posted at http://healthvermont.gov/apps/restaurant_scores/RestaurantScores.aspx. Inspection records and additional documentation shall be provided, if requested. Out of state caterers must show evidence that they are licensed in their states and are maintaining sanitary standards at least equivalent to regulations established by the VT Department of Health.

5.5.3. The contractor shall prepare and handle all food in strict adherence to food safety precautions as recommended by the state of Vermont and guidelines published by the U.S.

Department of Agriculture (USDA) available at: http://www.fsis.usda.gov/wps/portal/fsis/topics.

6. Applicable Publications: Publications applicable to this PWS are listed below:

http://www.fda.gov/Food/GuidanceRegulation/RetailFoodProtection/FoodCode/ucm374275.htm http://www.fda.gov/Food/FoodSafety/RetailFoodProtection/FoodCode/FoodCode2009/ http://healthvermont.gov/apps/restaurant_scores/RestaurantScores.aspx

Publication

(Chapter/Page)

Date of Publicatio n

Mandat ory or

Advisor y

Website

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

Defense Federal Acquisition Regulation Supplement http://www.acq.osd.mil/dpap/dars/dfarspgi/current/in dex.html or https://www.acquisition.gov/dfars

Joint Travel Regulation (JTR) https://www.defensetravel.dod.mil/site/travelreg.cfm

DoDM 1000.13-M-V1

DoD Identification (ID) Cards

(Enclosure 2, paragraph 3.b)

01/23/201

(Change 1:

07/28/202 0) http://www.esd.whs.mil/Directives/issuances/dodm

Federal Information Processing Standards (FIPS) Publication 201-2

Personal Identity Verification (PIV) of Federal Employees and Contractors

(paragraph 9)

August http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.20 1-2.pdf

DoDM 5200.2 Procedures for the DoD Personnel Security Program

(PSP)

04/03/201 https://www.esd.whs.mil/Directives/issuances/dodm/

DoDI 5200.46

DoD Investigative and Adjudicative Guidance for Issuing the Common

Access Card (CAC)

09/09/14

(Change 1:

05/04/201 8) https://www.esd.whs.mil/Directives/issuances/dodi/

Homeland Security Presidential Directive (HSPD)-12

Policy for a Common Identification Standard for Federal Employees and

Contractors

08/27/200 https://www.dhs.gov/homeland-security-presidential-directive-12

DoDI 5400.11

Department of Defense Privacy and Civil Liberties Programs

01/29/201

DoD 5400.11-R 05/14/200 https://www.acquisition.gov/?q=browsefar http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html https://www.acquisition.gov/dfars http://www.esd.whs.mil/Directives/issuances/dodm http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.201-2.pdf http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.201-2.pdf https://www.esd.whs.mil/Directives/issuances/dodm/ https://www.esd.whs.mil/Directives/issuances/dodi/ https://www.dhs.gov/homeland-security-presidential-directive-12 https://www.dhs.gov/homeland-security-presidential-directive-12

Department of Defense Privacy Program

DoDD 8140.01

Cyberspace Workforce Management

10/05/202 https://www.esd.whs.mil/Directives/issuances/dodd/

DoD 8570.01-M

Information Assurance Workforce Improvement Program

12/19/200 5 (Change

4:

11/10/201

5)

DoD 5220.22-M

National Industrial Security Program Operating Manual (NISPOM)

02/28/200

(Change 2:

05/18/201 6)

Army Directive 2014-05

Policy and Implementation Procedures for Common Access

Card Credentialing and Installation Access for Uncleared Contractors

03/07/201 https://armypubs.army.mil/ProductMaps/PubForm/A rmyDir.aspx

AR 25-2

Information Assurance

04/04/201 http://armypubs.army.mil/ProductMaps/PubForm/A R.aspx

AR 530-1

Operations Security

09/26/201 http://armypubs.army.mil/ProductMaps/PubForm/A R.aspx

AR 525-13

Antiterrorism

12/09/201 http://armypubs.army.mil/ProductMaps/PubForm/A R.aspx

AR 381-12

Threat Awareness and Reporting Program (TARP)

(Section II, ¶ 2-4.b)

06/01/201 http://armypubs.army.mil/ProductMaps/PubForm/A R.aspx

AR 30-22 Army Food Program 07/17/201 http://armypubs.army.mil/ProductMaps/PubForm/A R.aspx https://www.esd.whs.mil/Directives/issuances/dodd/ https://www.esd.whs.mil/Directives/issuances/dodm/ https://www.esd.whs.mil/Directives/issuances/dodm/ http://armypubs.army.mil/ProductMaps/PubForm/AR.aspx http://armypubs.army.mil/ProductMaps/PubForm/AR.aspx http://armypubs.army.mil/ProductMaps/PubForm/AR.aspx http://armypubs.army.mil/ProductMaps/PubForm/AR.aspx http://armypubs.army.mil/ProductMaps/PubForm/AR.aspx http://armypubs.army.mil/ProductMaps/PubForm/AR.aspx http://armypubs.army.mil/ProductMaps/PubForm/AR.aspx http://armypubs.army.mil/ProductMaps/PubForm/AR.aspx http://armypubs.army.mil/ProductMaps/PubForm/AR.aspx

DA PAM 30-22

Operating Procedures for the Army

Food Program

07/17/201 http://armypubs.army.mil/ProductMaps/PubForm/A R.aspx

TB Med 530

Tri-Food Service

03/01/201 http://armypubs.army.mil/ProductMaps/PubForm/A R.aspx

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

Form Date Website

DD 441

Department of Defense Security Agreement

Feb 2020…