D_7__Performance_Requirements_Summary.pdf

ATTACHMENT D.7.

PERFORMANCE REQUIREMENTS SUMMARY

BIA CIJC FOOD SUPPLIES AND SERVICES

Required Service (Performance Requirements)

Task/Item number and sub number

Performance

Indicators (Performance

Standards)

Acceptable

Quality

Level (AQL)

(Maximum allowable degree of deviation requirement)

Method of

Surveillance

(Quality

Assurance)

Maximum

Payment % for meeting AQL

Deduction formula, Incentive formula

B.4.3.(a) Contractor Manager

(1) The contractor must provide a contract manager who must be responsible for the performances of the work. The name of this person, and an alternate or alternates who must act for the contractor when the manager is absent, must be designate in writing to the contracting officer (CO).

(2) The contract manager or alternative must have full authority to act for the contractor on all contract matters relating to this contract.

(3) The contract manager or alternate must be available during normal duty hours within 60 minutes to meet with government personnel (designated by the CO) to discuss problem areas. After normal duty hours, the manager and alternate(s) must be available within 2 hours.

Contractor to provide

Contractor

Manager on

Contractor Key

Personnel list.

Contractor

Manager is available.

Required, no deviation.

98% of the time

COR and/or CO to review list.

to check meeting attendance

No deduction.

Contractor to correct.

If performance is not corrected or below numerical standard, details will be recorded on

CPARS.

B.4.3. (b) Contractor Employees

(1) The contractor must not employ persons for work on this contract if such employee is considered by the CO to be a potential threat to the health, safety, security, general well-being, or operational mission of the installation and its population.

(2) Contractor personnel must easily be recognized as contractor employees.

Government site badge instructions shall be provided by the Contracting Officer’s

Representative’s (COR), if needed.

(4) The contractor must not employ any person who is an employee of the U.S.

Government if employing that person would create a conflict of interest.

(5) All contractor employees must maintain satisfactory standards of competence, conduct, appearance, integrity, and ethics.

Contractor

Manager on

Contractor Key

Personnel list.

employee be recognized.

assure is not employing US

Government employee.

employee conduct deviation.

100%

98% review list.

Observation by

CIJC staff or

COR

COR to check with Contractor.

Observation or communication with CICJ staff or COR

No deduction.

Contractor to correct action.

If performance is not corrected, details will be recorded on

CPARS.

Continued

(6) All contractor employees shall comply with contract’s time and attendance policies and reporting requirements.

(7) The Contractor shall employ only skilled, trained workers familiar with the equipment.

(8) The Contractor will make arrangement with Tribe Tribal Employment Rights Office

(TERO) for work permits for each employee doing work on this project. See also Section

B.4.12.(b).

Ute Mountain Ute Tribe

Tribal Employment Rights Office

PO Box 234

Towaoc, CO 81334

(9) The Contractor shall provide a list of

Key Personnel hired for this project at time of quote, which will be incorporated into the contract. The BIA reserves the right to exclude key personnel from providing services under this project. The basis for excluding key personnel will be the lack of competency and/or professional behavior on past or ongoing contracts, including this contract. If a new hire is made during this contract, the person must be approved by

BIA before starting on the contract.

employee conduct

Self-assurance by

Self-certify by

Contractor.

Personnel List deviation

Observation or communication with COR or

CIJC staff

N/A

N/A

CO and/or COR review list.

B.4.3. (c) Account Representative

The Contractor shall provide an Account

Representative assigned to the BIA CIJC account. The Account Representative shall:

(1) Be available Monday- Friday, 8:00 am to 4:30 pm MST, via telephone and/or web-based conference call or chat.

(2) Ensure deliveries are on schedule.

(3) Promptly deliver invoices and bills for goods delivered.

(4) Promptly resolve any problems with the order/delivery schedule.

(5) Maintain CIJC account.

(6) Promptly Credit returns to the CIJC account.

(7) Arrange for the return of miss-shipped or deficient products.

(8) Notify CIJC staff before the non-delivery of any products out of stock or shortages and where a substitution must be made.

Account Rep to provide all tasks, as needed

Observation or communication with COR or

CIJC staff

No deduction.

Contractor to correct action.

If performance is not corrected or below numerical standard, details will be recorded on

CPARS.

(9) Be the point of contact for all reports.

(10) Demonstrate to the CIJC dietary staff taste panels new products available on the market.

(11) Collaborate with CIJC to develop and implement menus.

(12) Conduct can cuttings and samplings as needed or required by the CIJC representative.

(13) Promptly respond to CIJC complaints and inquiries about various products.

Perform research and make recommendations for any product changes to improve the CIJC needs

B.4.3 (d). Delivery Driver/Person

The Contractor shall provide a delivery driver/person who shall:

(1) Be able to pass and maintain a positive security background check.

(2) Make deliveries inside the kitchen corridor and be compliant with standard operating procedures.

(3) Possess and maintain a commercial driver's license.

(4) Be fully insured by the Contractor.

(5) Provide barricades, signs, and other safety equipment as required by Federal, State, or local codes.

Background check to be done.

Delivery to kitchen.

Provide CDL

Provide insurance

Provide safety equipment

Required to review CDL and insurance.

COR and CIJC staff to observe driver

No deduction.

Contractor to correct action.

If performance is not corrected or below numerical standard, details will be recorded on

CPARS

B.4.3. (e) Dietician

The Contractor shall provide a dietician who shall:

(1) Have a bachelor’s or higher degree in nutrition, or a closely related field.

(2) Have a licensure or certification for practicing dietitian services.

(3) Provide a summer and a winter menu on a 6-month cycle. See Menu

Development Section B.4.11.(e).

(4) Include calorie counts for all menus/meal plans.

(5) Collaborate with CIJC administration to include traditional Native

American/Indigenous Foods in the menus/meal plans.

(6) Be available during government business hours to discuss problem areas.

Provide copy of degree.

Provide license or certification.

Provide menus.

Provide calorie counts.

Include Native

American/

Indigenous foods.

Meet with

Government staff.

will review documents.

COR and/or

CIJC staff will review menus, calorie counts, and foods.

will check attendance

No deduction.

Contractor to correct action.

If performance is not corrected or below numerical standard, details

CPARS

B.4.4. Security Requirements

(a) The contractor must follow the security process at the BIA facility. The COR will provide the necessary facility pass requirements, security clearance requirements, etc. The contractor is required to check in and out at the main office daily when entering and leaving the facility. BIA reserves the right to inspect all boxes, packages etc. coming into and exiting from any BIA facility.

(b) The contractor shall follow the security process at the tribe. The contractor is responsible for obtaining the necessary permit from the tribe. When obtained the contractor must inform the COR.

(c) BIA reserves the right to perform background checks on any person(s) who are to perform work.

(d) The contractor must be responsible for safeguarding all government property provided for contractor use. At the end of each workday, all government property, equipment, and materials must be secured.

All contractor provided equipment, vehicles, materials, tools, etc. must be secured by the contractor at the site. COR may designate a site, but BIA is not responsible for the security.

follow security process(es)

Delivery Person to have background check.

COR to get background check.

staff observation for security and safety matters.

No deduction.

Contractor to correct action.

If performance is not corrected or below numerical standard, details will be recorded on

CPARS

B.4.5. Quality Control

(a) In compliance with the FAR 52.246-

4, the contractor must provide a quality control plan that contains, at a minimum, the items listed in section (b) below to the COR for acceptance not later than the postaward conference. The COR will notify the contractor of acceptance or required modifications to the plan before the contract start date. The Contactor must make appropriate modifications. COR will provide a copy to the CO.

(b) The plan must include:

(1) A description of the inspection system to cover all services listed on the performance requirements summary (PRS)

(Attachment D.7). The description must include specifics as to the areas to be inspected on both a scheduled and unscheduled basis, frequency of inspections and the title and organizational placement of the inspectors.

provide Quality

Control Plan before postaward conference and updates as needed.

will review plan

No deduction.

Contractor to correct action.

If performance is not corrected or below numerical standard, details

(2) A description of the methods to be used for identifying and preventing defects in the quality of service performed.

(3) A description of the records to be kept to document inspections and corrective or preventative actions taken.

(c) The records of inspection must be kept and made available to the COR and CO, when requested, throughout the contract performance period and for the period after contract completion until final settlement of any claims under this contract. Any change must be made to plan immediately.

B.4.7. Performance Evaluation Meetings

(b) At the start of the contract, frequent teleconference meetings with the

Contractor’s personnel (Contract Manager, Account Representative, Driver, and or

Dietitian), COR, and CIJC staff to discuss any areas of concern. As the contract progresses, the number and frequency of teleconferences may be reduced. COR shall provide written minutes within in 5 business days after the meeting to the Contractor

Manager for review/concurrence.

(c) The CO or COR may require the

Contract Manager and/or Project Leader to meet with the CO, COR and other BIA personnel as deemed necessary. The contractor may request a meeting with the

CO when he or she believes such a meeting is necessary. The party calling the meeting will provide written minutes of any such meetings which must be recorded in the contract and signed by the Contract Manager and the CO.

If the contractor does not concur with any portion of the minutes, such nonconcurrence must be provided in writing to the CO within

5 calendar days following receipt of the minutes.

attend meetings to check meeting attendance

No deduction.

Contractor to correct action.

If performance is not corrected or below numerical standard, details will be recorded on

CPARS

B.4.10. Records

(a) The Contractor shall not disclose and must safeguard procurement sensitive information, computer systems and data, privacy act data and government personnel work products obtained or generated in the performance of services under this project.

This applies to all Contractor personnel who provide services under this project, including but not limited to the project leader, key personnel, and other Contractor employees.

Contractor will not disclose information, etc.

Observation by

BIA Staff

No deduction.

Contractor to correct action.

If performance is not corrected or below numerical standard, details

(b) When providing services using electronic equipment, such as a desktop computer, a laptop, a tablet, or similar devices, the Contractor must provide a backup system for any deliverables, and for any draft or working copies of the deliverables, stored on these devices. The backup system can either be a local area network (LAN), an external hard drive, or a

USB flash drive (thumb or jump drive). A cloud-based backup system is allowed but is not recommended. The Contractor must perform backups on a defined periodic basis.

Before any services are provided under this project, the Contractor will provide the BIA with a written description of the backup system and a schedule for the periodic backups.

(c) Upon the Government’s final acceptance of the services and deliverables, the Government will retain sole ownership of the deliverables. Therefore, when notified of final acceptance, the Contractor is required to certify, in writing, the Contractor, the

Contractor’s employees used to provide the services do not retain any electronic and manual copies of the deliverables, and any backups, drafts or working copies of the deliverables, provided under this project.

provide the BIA with a written description of the backup system and a schedule for the periodic backups.

certification at the end of contract.

description.

description.

B.4.11. (a) Task #1 – Toll-Free Number The Contractor shall provide a toll-free telephone number for the COR and CIJC dietary staff to contact the Contractor's personnel.

provide telephone number

100% COR will provide number to CICJ staff to utilize.

No deduction.

correct action.

If performance is not corrected or below numerical standard, details

B.4.11. (b) Task #2 – Ordering

(1) The Contractor shall provide an online order platform or software for ordering supplies at no cost. No software shall be installed in the CIJC computer system. When the Contractor acquires computer technology or upgrades to an existing system during the contract period, that technology shall be made available at no additional cost to the CIJC.

(2) The Contractor must be able to handle importing and exporting files between their computer system and the CIJC system for price transfers and other product changes.

(3) The contractor must be able to accept faxed, telephoned, or emailed orders when necessary.

provide ordering platform or software, and updates.

import and export files.

provide all lines of ordering.

staff will observe and review information

No deduction.

Contractor to correct action.

If performance is not corrected or below numerical standard, details will be recorded on

CPARS

B.4.11. (c) Task #3 - Delivery

(1) All deliveries shall be made to BIA

Chief Ignacio Justice Center, 107 Spruce

Street, Towaoc, CO 81334.

(2) Drivers shall be allowed limited access to a clean and clear area at the sallyport entrance to allow optimal delivery conditions to accommodate a 53' trailer.

(3) Inside delivery shall follow standard operating procedure. CIJC shall have complete control over granting access to the delivery driver(s).

(4) If the Contractor cannot deliver an order, the Account Representative must contact the COR immediately and no later than noon (MT) the day before the delivery to discuss alternatives.

(5) Delivery for emergency orders shall be agreed upon by both parties.

make deliveries.

Driver to deliver to sallyport.

Driver to deliver inside.

Account Rep must call if no delivery.

staff will observe

No deduction.

Contractor to correct action.

If performance is not corrected or below numerical standard, details

B.4.11. (d) Food and Non-Food Supplies

(2) All supplies shall be new.

(3) The Contractor shall provide and deliver food, beverages, kitchenware, and sundries for the BIA CIJC, Adult and

Juvenile Correctional Facility.

(4) The Contractor shall provide the latest market information regarding product condition, quality, pricing trends, and new products. The contractor shall recommend product changes to improve the CIJC dietary needs.

(5) The Contractor shall provide samples free of charge for testing to ascertain the most acceptable/appropriate products to meet CIJC needs.

(6) The quantities ordered weekly shall only be delivered. The Contractor must provide all items and quantities to minimize

CIJC having to seek other interim product sources. CIJC reserves the right to utilize a secondary vendor's food and food service-related supplies if it is determined in the best interest.

(7) The Contractor guarantees delivery to the CIJC regardless of any organized work stoppages that may occur at the Contractor's facility.

(8) Substitutions and Shortages

(i) Substitutions must be equal to or better than the original priced item. No substitutions shall be made on critical item(s) without prior approval from the COR. If the

Contractor cannot obtain prior approval, the

Contractor is authorized to substitute for what they believe to be equal. If the substitution is not deemed appropriate by the

CIJC, the Contractor must pick up the item and credit the cost. The price shall not exceed the unavailable item if the substitution is acceptable. The substitution item must be added to the Food and Non-Food list via a contract modification.

(ii) If the Contractor arranges another supplier for substitutions or shortages, the

CIJC shall be billed at the contract-established pricing or the alternate supplier's price, depending upon whichever is lower.

(iii) If the Contractor cannot provide a suitable substitution or arrange for another supplier to provide the item(s), CIJC shall attempt to arrange for a supplier to deliver.

provide all items

100% COR and CIJC staff will observe and review any documentation

No deduction.

Contractor to correct action.

If performance is not corrected or below numerical standard, details

(9) Returns

(i) At the time of delivery

If a deficient quality is noticed during delivery, the driver shall accept the rejected item(s), and the returned item(s) will be noted on the delivery ticket. The credit shall be applied to the appropriate invoice before a payment request is submitted.

(i) After delivery

If deficient quality is discovered after an item is received, the COR shall contact the

Account Representative within three days of receipt. The Account Representative shall then arrange the pickup and credit. The CIJC shall make every effort to maintain the product in its delivered condition until pick up.

(10) Price Adjustment

(i) If a substitution is necessary, the substituted item shall be priced at the contracted cost of the ordered item unless the cost of the substituted item is lower.

(ii) If the Contractor cannot deliver a regularly ordered item and CIJC purchases from an alternate vendor, the CIJC shall notify the Contractor's Account

Representative of any differences in cost. The supplier shall issue a credit memo to the

CIJC for any extra cost incurred at such time.

(iii) The supplier shall pass on to the

CIJC all promotional allowances, discounts, and manufacturer's rebates at lower prices.

The supplier shall also keep the CIJC informed of any rebates that may be redeemed and provide tracking information on usage so the CIJC may take full advantage of all available rebates and free goods offers.

(11) Emergency Orders -The Contractor must be able to handle emergency orders as they arise.

B.4.11. (e) Task #5 - Menu Development

(1) CIJC has two menus: summer and winter. See Attachments D.5. and D.6. The

Contractor's Dietician shall review these menus at least annually to ensure the menus meet the nutritional recommended dietary allowance. The Contractors' Dietician will formulate the regular and special diet menus with the contractor’s food products and consult with the COR and CIJC dietary staff to finalize these new recipes. The

Contractor's Dietician shall consider traditional Native American food prepared and identify serving at calculating daily nutritional requirements (i.e., protein, carbohydrates, sodium, etc.).

(2) The Contractor will be able to draft menus accommodating Indigenous food items, at least one meal per week for 76 persons.

(3) The Contractor will be able to draft menus reflecting the needs of 22 school-age children.

(4) The Contractor will be able to provide high-calcium snacks twice daily for

22 persons.

(5) All menus prepared shall consider food flavor, texture, temperature, appearance, and palatability. Along with incorporating the principles in the United States Department of

Agriculture Department and Health Service

Food Guide Pyramid meeting the current

Recommended Dietary Allowance for the general inmate population and those with a therapeutic or special diet, i.e., diabetic, gestational, renal, sodium-restricted, and low-fat diets, etc. Special diets are identified by healthcare providers, not under this contract

Contractor to provide all items

100% COR and CIJC staff will observe and review any documentation

No deduction.

Contractor to correct action.

If performance is not corrected or below numerical standard, details will be recorded on

CPARS

B.4.11 (d) Task #6 - Training

The Contractor shall provide on-site or on-line training to the CIJC representatives to ensure their understanding of the following:

(1) Online order platform

(2) New menu item’s preparation provide training

98% COR and/or

CIJC staff will attend and observe

No deduction.

Contractor to correct action.

If performance is not corrected or below numerical standard, details

B.4.11. (e) Task #7 - Delivery Tickets/

Invoices

All deliveries shall be accompanied by an itemized delivery ticket/invoice containing the following minimum information:

(1) Name of Supplier

(2) Contract Award Reference Number

(3) Date of Purchase

(4) Invoice Number

(5) An itemized list of supplies

(6) Quantity, unit price, and extension of each item

(7) Date of delivery or shipment date

Copies of invoices, including credits, must be made available upon written request from the COR or CO.

provide tickets/ invoices to COR

100% COR and CIJC staff will review.

COR will approve invoice before contractor enters invoice into ipp.gov

No deduction.

Contractor to correct action.

If performance is not corrected or below numerical standard, details will be recorded on

CPARS

B.4.12 Worksite Requirements

(a) While providing services under this project, the Contractor is responsible for conducting work posing no health/safety risk to the Contractor, the Contractor’s employees, government employees, tribal employees, tribal members, or the public.

(b) Tribal Employment Rights

Ordinances

(1) Many tribes have passed Tribal

Employment Rights Ordinances (TERO), which specify conditions all contractors must satisfy to assure the tribes their tribal members are given appropriate opportunities for employment in on-reservation projects. In addition to requiring the hiring of tribal member labor, some TEROs also impose a

TERO tax based on the contract amount.

(2) The Contractor is responsible for determining the cost of compliance with applicable TERO and includes those costs in the Contractor's proposal. Additional tribes may adopt TERO without notice, and the

Contractor is responsible for contacting tribes on whose reservations they will be working to determine whether a TERO is in force and the terms.

provide all tasks and documentations

COR and/or

CIJC staff will observe

COR will review any documents

COR will review invoice

No deduction.

correct action.

If performance is not corrected or below numerical standard, details

B.4.12. Worksite Requirements

(d) Regulations, Laws, Policy, and

Standards

It shall be the Contractor's sole responsibility to be aware of these regulations and others not listed to perform under this contract and to comply with them. The Government shall not be liable for any citations received by the

Contractor. The BIA will not provide copies of the documents.

(1) Environmental Protection Agency –

Identifying Greener Food Services and Food

Services Ware -https://www.epa.gov/greenerproducts/identif ying-greener-food-service-and-food-service-ware.

(2) Environmentally preferable products or services, including environmentally sustainable electronic products, that meet or exceed specifications, standards, or labels recommended by EPA through the

Environmentally Preferable Purchasing

Program (EPP).

https://www.epa.gov/greenerproducts/recom mendations-specifications-standards-and-ecolabels-federal-purchasing

(3) Water efficient products and services, including EPA WaterSense certified products and services.

https://www.epa.gov/watersense/watersense-products

(4) EPA Safer Choice labeled products.

https://www.epa.gov/saferchoice/products

(5) EPA Transportation, Air Pollution, and Climate Control.

https://www.epa.gov/transportation-air-pollution-and-climate-change

(6) United States Department of

Agriculture Department and Health Service

Food Guide Pyramid

(7) United States MyPlate nutrition guide. https://www.myplate.gov/

(8) Occupational Safety and Health Act

(OSHA) of 1970.

(9) 25 CFR 2802, which implements

Public Law 101-379, and the Indian Law

Enforcement Reform Act.

(10) Food Dietary Allowance, BIA ADF-

4A-01 Guidelines. See Attachment D.11.

(11) Other relevant Township, County, State and Federal laws, regulations, policies, and guidance, as well as pertinent Tribal ordinances, policies/procedures.

abide by all

100% COR and CIJC staff will observe and review any documentation

No deduction.

Contractor to correct action.

If performance is not corrected or below numerical standard, details

B.4.13 Documentation Requirements

(b) Insurance per FAR 52.228-5.

provide insurance before work begins and any updates.

100% COR and CO review

No deduction.

Contractor to correct action.

If performance is not corrected or below numerical standard, details will be recorded on

CPARS

B.4.13. (c)(1) Reports

The Contractor shall furnish the COR monthly reports listing the quantity of each line purchased and the total dollar amounts expended for each item as follows:

(i) By dollar volume by month, year to date, and fiscal year.

(ii) By quantity shipped by month, year to date, and fiscal year.

(iii) Usage figures for a specific brand or manufacturer for a specified timeframe for tracking rebates.

provide reports

98% COR and CICJ staff review

No deduction.

Contractor to correct action.

If performance is not corrected or below numerical standard, details will be recorded on

CPARS

B.4.13. (c)(2) Reports

Copies of the Contractor's product specifications shall be available for review and forwarded to the CIJC within two working days after the CIJC representative's request.

provide product specifications within 2 days of request

100% COR and CIJC staff review

No deduction.

Contractor to correct action.

If performance is not corrected or below numerical standard, details

52.219-9 Small Business Subcontracting

Plan

(c) (1) The Offeror, upon request by the Contracting Officer, shall submit and negotiate a subcontracting plan, where applicable, that separately addresses subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns.

If the Offeror is submitting an individual subcontracting plan, the plan must separately address subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns, with a separate part for the basic contract and separate parts for each option (if any). The subcontracting plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the Offeror ineligible for award of a contract.

submit subcontracting plan and any updates

100% COR and CO review

No deduction.

Contractor to correct action.

If performance is not corrected or below numerical standard, details