August 22

PERFORMANCE WORK STATEMENT (PWS)

Full Food Service Contract for

USAEUR-AF DFACS

Kaiserslautern, Germany

Part 1

General Information

Vision Statement: The primary mission of the Warrior Restaurant is to provide quality services in support of the installation food service program that supports the warfighter with flexible, efficient and cost-effective service. The service outlined in this requirement encompasses Warrior Restaurant management functions, to include food receiving and storage, food preparation, food serving, remote site feeding, facility sanitation and janitorial duties. Performance criteria for overall Warrior Restaurant duties fall under contractor responsibilities.

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

1.1 Description of Services/Introduction: This is a non-personal services contract to perform the requirements described in the PWS and contract. The Contractor shall provide all supervision, labor, personnel, supplies and equipment not provide by the Government, except for property identified in Kaiserslautern, Germany Government Furnished Property (GFP) attachment, to perform activities that comprise the full operation of an Army Warrior Restaurant. This includes, but is not limited to, requisitioning, receiving, storing, accounting, preparing, and serving of food. Also, included is the performance of related administrative, custodial and sanitation functions in the Dining Facilities. GFP is addressed in PWS Part 3 per Government Property (GP) and services.

1.2 Background: This initiative is aimed at providing full food service contracted support in various DFAC across Germany provides support to the USAREUR- AF Command, USAG Rhineland Flatz, USAG BAVARIA, and Civilan Workforce. See Technical Exhibit 3 – Estimated Workload Data. COR will provide quarterly projections.

1.3 Scope: The Contractor shall provide the appropriate amounts of qualified labor and management, supplementing the current government personnel, Technical Exhibit 4 Government Staffing Data, necessary to perform quality FFS ordered under this contract in a cost effective, safe, and environmentally sound manner while abiding by DOD nutritional policies and Army Feeding standards. This support will focus primarily on the following areas:

Warrior Restaurant management functions, food receiving, storage and accountability, food preparation, food serving, and facility sanitation and janitorial duties, and the associated logistics analysis and management functions in support of the various DFAC across Germany Germany FFS contract.

1.4 Objectives: To provide a quality food program that supports the warfighter with flexible, efficient and cost effective contract food service support. The contractor shall provide all personnel, transportation, and supervision necessary to perform food service duties defined in this Performance Work Statement, with the exception of Government Furnished Property

(GFP).

1.5 General Information:

1.5.1 Quality Control Plan (QCP): The Contractor shall develop and maintain an effective quality control program 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 quality control program is the means by which the government is assured that the work complies with the requirement of the contract.

The Quality Control Plan shall be provided within thirty (30) calendar days after contract award to the COR and within five (5) working days when changes are made thereafter (Deliverable 0005). After acceptance of the quality control plan the contractor shall receive the Contracting Officer Representative’s acceptance in writing of any proposed change to the QC system. At a minimum, the contractor's QC plan shall contain the following:

1.5.1.2 Provisions:

1. Organization chart which provides for QC personnel to have direct accountability to the Contractor's top management.

2. An inspection system covering all tasks and services required by this contract.

3. A schedule shall include areas to be inspected on a routine or unscheduled basis, frequency of inspections, documentation forms, and individuals that will perform the inspections and the follow-up procedures.

4. Method of identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable.

5. Method of documenting and enforcing QC operations.

6. Process action plan to correct and prevent continuous deficiencies and defects.

7. Methods of communication with the Government regarding quality and contract performance.

8. Customer/diner feedback.

9. Monthly reporting system to the Contractor's home office.

10. A cleaning schedule that ensures the cleanliness of each Warrior Restaurant in accordance with TRI SERVICE FOOD CODE TB MED 530, paragraph 6-501.12. In addition, the schedule shall include the periodic in-depth cleaning services.

1.5.1.3 Elements of the Plan:

1. Personnel health and hygiene.

2. Workplace Safety.

3. Fire prevention and evacuation.

4. Environmental protection.

5. Energy conservation.

6. Employee and Sanitation training. (IAW the paragraph 5.1.2.1)

7. HAZMAT Program.

8. Hazard communication standards (OSHA) for use of chemicals

9. Hazard Analysis Critical Control Point (HACCP).

10. Government Property.

11. Security.

12. Key control. (IAW the paragraph 1.7)

1.5.1.4 Inspection Techniques:

1. Random sampling (inspections)

2. Planned sampling (inspection)

3. Customer surveys

1.5.2 Quality Assurance: The Contractor shall have work complete and ready for inspection in accordance with all terms of the task order. The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the acceptable quality levels.

1.5.3 Recognized Holidays: The following provides information on recognized holidays for the purpose of the PWS. If submittal of any documentation (e.g. deliverables, submittals, etc.)

deadlines fall on a holiday, the closest work day prior to the holiday will apply as the deadline for submittal.

1.5.3.1 U.S. Holidays: Work shall be performed on U.S. holidays occurring during the normal workweek unless otherwise directed by the COR. When a U.S holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively.

NAME OF AMERICAN HOLIDAY DATE

New Year Day January 1st Martin Luther King Memorial Day 3rd Monday in January President Day 3rd Monday in February Memorial Day Last Monday in May Juneteenth 3rd Sunday in June Independence Day July 4th Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran’s Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day December 25th

1.5.3.2 Host Nation Holidays: Work shall be performed on local Host Nation holidays occurring during the normal workweek unless otherwise directed by the COR.

NAME OF GERMAN NATIONAL AND

LOCAL HOLIDAY

DATE

New Year January 1st Epiphany January 6th Good Friday Varies yearly Easter Sunday Varies yearly Easter Monday Varies yearly Labor Day May 1st Ascension Varies yearly Whit Sunday Varies yearly Whit Monday Varies yearly Corpus Christi Varies yearly Day of German Unity October 3rd All Saints' Day November 1st Christmas December 25th St. Stephen's Day December 26th

1.5.4 Operating Hours: The Contractor is responsible for conducting business seven (7) days per week, between the hours of 0515 to 1930, Monday – Friday; and between the hours of 0615 to 1830, Saturday, Sunday, and Holidays, and Training Holidays, except when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings during the week and Holidays. The hours of operation for the DFAC Meal Schedule are shown below. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

Mon-Fri: Breakfast 0730-0900, Lunch 1130-1300, Dinner 1700-1830.

Sat, Sun & Holidays and Training Holidays: Brunch 0930-1300, and Supper 1700-1830.

(This is the standard operating hours for the USAEUR-AF DFACS).

1.5.4.1 Expanded Serving Hours including Modified Weekend Schedule: Expanded meal serving hours may be required. Services to be provided or discontinued shall be within 48 hours of advance government notice. Service shall be invoiced in accordance with CLIN entitled “Expanded Services.” Modified weekday and weekend Schedule consist of the following: Mon-Fri: Breakfast 0600-0830, Lunch 1130-1300, Dinner 1700-1930. Sat, Sun & Holidays and Training Holidays: Breakfast 0600-0830, Lunch 1130-1300, Dinner 1700-1930.

Note: Government payment will be made on a prorated hourly rate, e.g., if service is extended for 45 minutes, payment will be made at ¾ of the hourly rate.

Meal Serving Hours

1.5.4.2 Additional Meal Service, Midnight Service: Additional Meal Service, Midnight Service may be required. Midnight meal serving hours will be from 2330-0030. Services to be provided or discontinued shall be within 48 hours of advance government notice. Service shall be invoiced in accordance with CLIN entitled “Midnight Services.”

Note: Government payment will be made on a prorated hourly rate; e.g., if service is extended for 45 minutes, payment will be made at ¾ of the hourly rate.

1.5.5 Training Holidays:The contractor shall be made aware of all training holidays by the COR a minimum of 14 days prior, to give the contractor time to plan. The contractor shall take full advantage of training holidays and holiday schedules to plan for maintenance or coordinate for deep cleaning of the facility and equipment.

1.5.6 Place of Performance: The work to be performed under this contract will be performed at the following USAEUR-AF DFACS across Germany.

CASTLE,KNIGHTS LAIR,CLAY KASSERNE,RITTERSHALLE,CLOCKTOWER,RHINE

ORDANCE BARRACKS, ANSBACH AND VILSECK

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

1.6.1 Security Program: The Contractor or any representative of the Contractor entering DoD, USAREUR, or local locations to perform contract requirements shall abide by all security regulations and may be subject to security inspections IAW AE Regulation 525-13, Military Operations, Antiterrorism. Contractor personnel and property shall be subject to search and seizure upon entering, while on, and upon leaving the DoD, USAREUR, or local locations pursuant to regulatory guidance.

All Contractor personnel shall conduct themselves IAW acceptable business decorum at all times. The Contractor shall remove any individual from the site whose continued presence or employment on this contract is deemed by the KO or COR to be contrary to the public interest, deemed to adversely affect health, morale, welfare, or good order and discipline on the installation, or inconsistent with the best interests of national security.

1.6.2 Personnel Security Clearance Requirements: Not applicable

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

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

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

AE Reg 190-16 and AE 190-16-G German translation can be found on the following website:

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

1.6.3.1 Installation Pass Log: In addition, the Contractor shall provide the COR, an Initial Installation Pass Log within 3 calendar days prior to performance after contract award.

(Deliverable 0019). The log must at a minimum contain the following information: Name, Position, ID number and Contact number. The log shall be updated as employees are added or removed. The Updated Installation Pass Log shall be current and available at any time upon request by the Government and submitted to the COR within five (5) days after any changes to the log (Deliverable 0019).

1.6.3.2 Individual Termination or Expiration of Employment: The Contractor shall collect the installation access passes the same day employment of an individual has expired or has been terminated and shall return them to the issuing office within five (5) working days.

(Deliverable 0025).

1.6.3.3 Contract Termination or Cancellation: Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the issuing office within 5 working days. (Deliverable 0025).

1.6.3.4 Common Access Cards (CAC) and CAC Log: The Contractor shall provide the following information: Last, First Middle Name, Cadency Name, Personal identifier (e.g. Social Security Number, Federal Identification Number, or Tax Identification Number), date of birth, primary email address (this email address will be used to contact the individual) to the COR with 15 calendar days after award (unless circumstances require otherwise and as directed by the Contracting Officer) (Deliverable 0026). The Contractor shall ensure safeguarding of Personally Identifiable Information (PII) and comply with requirements under 1.22.8.

1.6.3.4.1 The Contractor shall provide a CAC log within the first 30 calendar days after contract award and within five (5) days after changes have been made (Deliverable 0035) (unless circumstances require otherwise and as directed by the Contracting Officer). The COR will provide format and content for the log during the post award meeting. Note - CACs are Government property and must be accounted for.

1.6.4 Background Checks: Required to access military installations.

1.6.4.1 U.S. Citizen: Contractors that work with or teach youth under the age of 18 years are subject to U.S (and host nation if OCONUS) background checks. The Requiring Activity Manager will determine the extent of background checks required. The Contractor employee may begin performance of the contract after receiving a favorable local background check. The Contractor agrees to replace the employee should results of the background check, if required, be unfavorable as determined by the Requiring Activity Manager. The Contractor’s replacement of the employee with the unfavorable background check shall be within a timeframe provided by the Requiring Activity Manager. The Contractor shall also replace employees whose background check, during their tenure of employment, renders them with an unfavorable local or stateside background check, as determined by the Requiring Activity Manager. The Contractor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each favorable background check within ten (10) calendar days of receipt by the Contractor, identifying such with the appropriate contract number (Deliverable 42). The Contractor shall forward a copy to the Contracting Officer via the COR and the Requiring Activity Manager of each unfavorable background check within ten 10 calendar days of receipt by the Contractor, identifying such with the appropriate contract number (Deliverable 0042). When the Government awards a non-personal services contract directly to an individual, the failure of the individual to provide a favorable background check would be grounds for termination.

1.6.4.2 Local Nationals and Third Country Nationals: See PWS Para 1.6.3 and 1.26.3.3.

1.6.5 Physical Security: The Contractor shall safeguard all Government equipment, information, and property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured IAW the Army Physical Security Program (AR 190-13).

1.6.6 Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. The Contractor shall immediately report suspicious activities to security personnel.

1.7 Key Control: The Contractor shall establish and maintain a Key Roster and Lock Control Program as part of the Quality Control Plan. The Contractor shall safeguard keys furnished to the Contractor by the government. The contractor shall notify the COR of loss or damged Keys within 1 hour of discovery, addionally the contractor will submit a work order to DPW for a replacement key. The Contractor shall utilize an automated key control system or an equivalent substitute as a means of key control. The Contractor shall designate in writing to the COR a key custodian to manage the key control program by the start of full performance at the post award conference or within five (5) calendar days after contract start (which occurs first).

(Deliverable 0007, 0008 & 0009).

1.8 Post Award Conference/Periodic Progress Meetings: The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the Contracting Officer 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. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.8.1 The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings that relate to the functions and services herein as required by the Government to provide effective communication and impart necessary information. The Project Manager or designated representative shall attend meetings as requested by the Government. Meeting attendees shall at times include Contractor managerial, supervisory, and other personnel knowledgeable of the subject matter.

Meetings may start or end outside of regular duty hours.

1.9 Contracting Officer’s Representative (COR): Refer to Part 2 of this PWS for the definition of a COR. As determined by the Contracting Officer, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the COR. The designation letter states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is not authorized to obligate the Government. If the work is not written in the contract, the COR is not authorized to request new work. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of Government property, and coordinate site entry of Contractor personnel.

1.10 Key Personnel:

1.10.1 The Project Manager (PM):

The PM shall be a single point of contact for the KO and Contracting Officers Representative (COR). Project Manager shall have the authority to obligate the company and be responsible for overall performance (to include subcontractors) of the task order to meeting the specified performance standards. The name, work and mobile phone and email address of both the Project Manager (PM) and alternate shall be provided to the Government as part of the Contractor’s proposal. The PM shall attend meetings (menu boards, food cuttings, sanitation training) with the Government in support of the contract and ensure required management staff support meetings in support of the contract. During any absence of the PM, only one (1) alternate shall have full authority to act for the Contractor on all matters relating to work performed under the resulting contract. The alternate must have the same qualifications as the primary Project Manager. These certificates must be provided to the COR 5 calendar days after contract award or Post Award Conference whichever occurs first. (Deliverable 0001)

Minimum Qualifications:

a. Speak and write English at a language proficiency equal to Level 3. (AEP 690-70, Appendix H)

b. Communicate effectively on complex matters and compose correspondence and other written communications about the work for which they are responsible.

c. Three (3) years’ experience as an assistant manager, or manager, of a United States Army DFAC or at least eight (8) years of progressive management, or assistant management, experience working in a food service operation providing complete meal service (breakfast, lunch, and dinner) in either a cafeteria style, or multi-entree operation, setting. Military food service experience in the pay grade of E-7 or above may be credited as management experience for this position.

d. Two (2) year experience using Army Automated Food Management Systems (AFMIS) within the past five (5) years, from the date of close of solicitation.

e. Have a current Food Protection Manager certification as defined in Tri Service Food Code TB Med 530 para 2-102.20.

1.10.2 Warrior Restaurant Manager and Alternate Warrior Restaurant Manager:

The Warrior Restaurant Manager shall be responsible for managing the day-to-day operations of the Warrior Resturant; order and receiving, menu creation, account mananagment, equipment accountability and maintenance, attending Food Service Menu Board Meetings, serves as POC to the Food Program Manager, cash turn-in procedures and other associated tasks. The name, work and mobile phone and email address of both the Warrior Restaurant Manger and alternate shall be provided to the Government as part of the Contractor’s proposal. During any absence of the Warrior Restaurant Manager, only one (1) alternate shall have full authority to fulfill the duties of the Warrior Restaurant Manager on work performed under the resulting contract. The alternate must have the same qualifications as the Warrior Restaurant Manager.These certificates must be provided to the COR 5 calendar days after contract award or Post Award Conference whichever occurs first. (Deliverable 0001)

Minimum Qualifications

a. Speak and write English at a language proficiency equal to Level 3. (See Regulation AEP 690-70, Appendix H)

b. Communicate effectively on complex matters and compose correspondence and other written communications about the work for which they are responsible.

c. Two (2) years’ experience as an assistant manager, or manager, of a United States Army DFAC or at least eight (8) years of progressive management, or assistant management, experience working in a food service operation providing complete meal service (breakfast, lunch and dinner) in either a cafeteria style, or multi-entree operation, setting. Military food service experience in the pay grade of E-7 or above may be credited as management experience for this position.

d. Two (2) years experience using Army Automated Food Management Systems (AFMIS) within the past five (5) years, from the date of close of solicitation.

e. Have a current Food Protection Manager certification as defined in Tri Service Food Code TB Med 530 para 2-102.20.

1.11 Health Examinations:

The Contractor shall provide health certificates for each employee prior to working in Food Service Operations IAW the Tri Service Food Code TB Med 530. These certificates must be updated ten (10) calendar days prior to contract start date and annually on the date contract was awarded (Deliverable 0011). Personnel with evidence of communicable disease, infected wounds, open sores, or acute respiratory infection, shall be referred to a doctor to receive written clearance before returning to work. Personnel with a health problem(s) shall not be permitted to work in any capacity where there is likelihood of food or food contact surface contamination with pathogenic organisms or transmitting disease agents to others.

1.11.1 Personnel Health and Hygiene:

Personnel shall maintain compliance with sanitation and food safety standards IAW the Tri Service Food Code TB Med 530 para 2-2, 2-3 and 2-4. The Contractor shall notify the COR in writing any time an employee is diagnosed with an illness as per Tri Service Food Code TB Med 530, para 2-201.11 – 2-201.13. Personnel with health problems, i.e. persistent sneezing, coughing, or runny nose shall not be permitted to work in the dining facility. Personnel relieved of work due to illness must have doctor’s clearance before returning to work. The Contractor shall provide a copy to the COR within two (2) hours upon notification (Deliverable 0012).

Contractor personnel shall wash their hands before handling clean utensils, equipment or starting food preparation and between the handling of raw and cooked or other ready to eat foods.

Contractor personnel shall also wash their hands after smoking tobacco products. Maintain and keep fingernails clean, cut short and devoid of nail polish and other nail products. Tobacco of any form shall not be used in or near the dining facility. The use of alcoholic beverages or illegal drugs by Contractor personnel, while on duty, is strictly forbidden.

Standards specified in TRI SERVICE FOOD CODE TB MED 530 apply.

1.11.2 Health Certificates

The Contractor shall provide an official German, United states and or European Union health certificate (Gesundheitszeugnis) in accordance with section 43: Infektionsschutzgesetz §43 (German infection prevention Law) for each employee prior to working in Food Service Operations. These certificates must be updated ten (10) calendar days prior to employee start date and annually for each employee (Deliverable 0011). Personnel with evidence of communicable disease, infected wounds, open sores, or acute respiratory infection, will be barred from working by the facility manager, in coordination with the COR. The COR will immediately report the incident to the Contracting Officer (KO). The contractor’s employee is required to submit written clearance from a doctor before returning to work. Personnel with a health problem(s) shall not be permitted to work in any capacity where there is likelihood of food or food contact surface contamination with pathogenic organisms or transmitting disease agents to others.

1.12 DoD Computer Access: Ensure that all Contractor and subcontractor personnel accessing DoD computer system successfully complete mandated computer training, including Computer User Security Training (Information Awareness Training) from website https://cs.signal.army.mil/login.asp. All contractor employees with access to a Government information system shall be registered in the Army Training Certification Tracking System

(ATCTS) Maintain certificate(s) of completion for DoD mandated Computer User Security Training (Information Awareness Training) for all Contractor personnel that are DoD automation users. Contractor shall provide copy of these certificates to the COR ten (10) days prior to start date, after annual refresher training or as required due to new users.

(Deliverable 0024)

1.13 Contractor Personnel Meals:

Personnel who are employed under this contract may purchase meals in the dining facility before, or after their shift, while on duty. The rate charged shall be the standard meal rate.

Contractor personnel shall not consume or remove subsistence from dining facility without proper authorization, nor bring raw subsistence for preparation into dining facility. Contractor employees are permitted to eat meals in the DFAC and pay for the meals in U.S. dollars only.

Contractor employees observed eating meals prior to paying may be removed from the work site. The Contractor shall be required to reimburse the Government, and the removal of an employee from the work site does not excuse non-performance or reduce the Contractor’s performance responsibilities under the contract.

1.14 Conduct of Employees

The Contractor shall be responsible for the performance and conduct of all personnel employed under this contract. The Contractor shall prohibit employees from performing work under this contract while under the influence of alcohol, drugs, and other incapacitating agents.

Contractor personnel shall abide by all security regulations of the installation and shall be subject to such checks as may be deemed necessary. No verbal or physical abuse shall be tolerated while on duty. 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 contract employees for reasons stated above does not relieve the Contractor from responsibility for total performance. The use of alcoholic beverages or illegal drugs by Contractor personnel, while on duty, is strictly forbidden. Standards specified in TRI SERVICE FOOD CODE TB MED 530 apply.

1.15 Identification of Contractor Employees: All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties must identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. The Contractor shall ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.16 Contractor Travel: Contractor Warrior Restaurant Manager shall be required to attend the annual food show and FSMB held in Kasierslautern, Germany, for the one day event.

Contractor travel expenses will be included in firm fixed price of contract. Failure to attend the FSMB will result in a Non-Conformance Report from the COR or Contracting Officer.

1.17 Other Direct Costs (ODCs): Not Applicable

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

1.19 Non-Disclosure Requirements: Performance under this contract may require the Contractor to access data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this work statement would be adverse to the interests of the Government or others. The Contractor and Contractor personnel shall not divulge, or release data or information developed, or obtained under performance of this PWS, except to authorized Government personnel or upon written approval of the Contracting Officer. The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or other personal information shall be controlled and protected under the provisions of the Privacy Act of 1974, Public Law 93-579, 5 United States Code (U.S.C.) Section 552a. The use of propaganda violates DoD Commercial Use of Imagery Guidelines stated at https://www.defense.gov/Contact/Help-Center/Article/Article/2762906/use-of-department-of-defense-imagery/. The Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any marketing tools to include its company website.

1.20 Protection of Government and Contract Information: Not applicable

1.21 Non-Disclosure Statements: The Contractor shall provide signed non-disclosure agreements to the Government no later than 5 calendar days prior to performance.

(Deliverable 0027) Disclosure of information by Contractor personnel may result in Contractor personnel removal from performance under this contract.

1.22 Organizational Conflict of Interest (OCI): Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications, or work statements, etc.) or perform evaluation services which may create a current or subsequent OCI as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer 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 Contracting Officer to avoid or mitigate any such OCI (Deliverable 0028).

The Contractor’s OCI Mitigation Plan will be determined to be acceptable solely at the discretion of the Contracting Officer. In the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the

Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.23 Phase In /Phase Out Period: To allow for a smooth and orderly transfer of responsibility for the Warrior Restaurant and Warrior Restaurant food operations from the incumbent Contractor to the new Contractor, the Contractor shall participate in a period of phase-in during which the incumbent Contractor shall continue to perform the services. This period will commence upon award of the contract and will continue for a period not to exceed sixty (60) calendar days. Within fifteen (15) calendar days of the start of phase-in of the contract, the Contractor shall complete all hiring actions that includes, but not limited to, initial background checks and provide all required background check forms and installation access forms (in accordance with Army Europe Regulation (AER) 604-1, Personnel Security Screening, Local National Screening Program (LNSP); AR 380-19, Information Systems Security; and AER 190-16, Installation Access Control) to the COR, eligibility requirements, etc. for all personnel required to perform the requirements of the Contract and on-board by the start of full performance. During the phase in period, the Contractor shall become familiar with performance requirements to commence full performance of services on the contract start date. The government will provide training for the web-based systems to be used by the Manager, Ration and Administration Clerks, and Headcount Personnel. The phase in period will only be for the Warrior Restaurant Manager, Ration Clerks, Administration Clerks and Headcount Personnel. It will be for a period of 60 days from contract award. The Contractor shall complete the necessary steps for assumption of the operation during the phase-in period and shall meet all requirements as specified in the contract with the beginning of full performance.

Phase Out Period: The phase out period occurs at the end of the contract performance period when, if necessary, there is a transition to a new contractor. During the phase-out period, the contractor shall take all actions necessary to guarantee a smooth transition from their staff to the new contract. The contractor shall provide an updated inventory of subsitence and GFP to the COR within five days after the end of the contract performance period. This inventory shall be provided in Microsoft Excel format or the media which is being utilized at the end of the contract period. (Deliverable 0036)

1.24 Safety: The Contractor shall follow AR 385-10, The Army Safety Program and TRI SERVICE FOOD CODE TB MED 530, Paragraph 8-201.14.

1.24.1 Accident Report /Occupational Safety and Health Act (OSHA): The contractor shall provide a verbal report within one (1) hour and written follow-up report within four (4) hours after occurrence to the COR using DA Form. Original and one copy shall be submitted to the COR within three (3) calendar days after the occurrence whenever an accident occurs involving personal injury IAW AR 385-10, chapter 3. (Deliverable 0010).

1.25 Environmental Compliance: The contractor shall follow installation, local, state, and federal policies concerning recycling and environmental waste program. TRI SERVICE FOOD CODE TB MED 530, Paragraph 5-5, Environmental Compliance and Protection Manual, MCO P5090.2.

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

1.26.1 Anti-Terrorism (AT) Level I Training: All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I Training within (15) calendar days after the contract start-date or within 30 calendar days of new employees' commencing performance (Deliverable 0006) Contractor personnel travelling overseas shall complete area of responsibility (AOR) specific AT awareness training for U.S.

based Contractor employees and associated subcontractor employees. The Contractor shall submit certificates of completion (Deliverable 0006) for each affected Contractor employee and subcontractor employee to the COR (or to the Contracting Officer if a COR is not assigned) within fifteen (15) days after completion of this training by all employees and subcontractor personnel. AT Level I awareness training is available at https://jkodirect.jten.mil.

Contractor personnel shall complete refresher training (Deliverable 0006) every twelve (12) months except AOR specific AT Level I training, which shall be completed as required by local AT policies.

1.26.2 OPSEC SOP/Plan requirements: The contractor shall develop an OPSEC Plan/SOP within 90 calendar days of contract award to be reviewed and approved by the responsible Government OPSEC officer, per AR 530-1, Operations Security. The SOP/Plan will include the government’s critical information, why it needs to be protected, where it is located, who is responsible for it, and how to protect it. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator. The Contractor shall comply with all applicable Department of Defense (DoD) security regulations and procedures during the performance of this contract. The Contractor shall not disclose and must safeguard procurement sensitive information, computer systems and data, Privacy Act data, and government personnel work products that are obtained or generated in the performance of this contract. Neither the Contractor nor any of its contract service providers shall disclose or cause to disseminate any information concerning operations of military activities. Such action(s) could result in violation of the contract and possible legal actions. (Deliverable 0022)

1.26.3 OPSEC Training: All Contractor employees, including subcontractors, shall complete Level I OPSEC training within thirty (30) days of employment under this contract (Deliverable 0023). Verification of the training shall be provided to the COR within five (5) days after completion of the training (Deliverable 0023). OPSEC Level I training is available at http://www.cdse.edu/catalog/elearning/GS130.html. Contractor personnel must complete refresher training every 12 months (Deliverable 0023). Verification of the training shall be provided to the COR within five (5) days after completion of the training (Deliverable 0023). If training cannot be conducted on the website, the Contractor shall coordinate with the COR, who will contact the local OPSEC Officer at their assigned location for classroom training.

Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the OPSEC Officer. Verification of the training shall be provided to the COR within five (5) days after completion of the training (Deliverable 0023).

1.26.4. Access to Government Information Systems: All contractor employees with access to a government information system must be registered in the ATCTS (Army Training

Certification Tracking System) at commencement of services and must successfully complete the DOD Information Assurance Awareness prior to access to the information system and then annually thereafter.

1.26.5. AT Awareness Training for Contractor Personnel Traveling Overseas: U.S. based contractors will comply with DFARS clause 252.225-7043. Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from the Kleber Kaserne, Kaiserslautern, Germany Anti-Terrorism Officer.

1.26.6 iWATCH Training: The Contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within thirty (30) days after the contract is awarded and within thirty (30) days after new employees commence contract performance. (Deliverable 0029). Verification of the training shall be provided to the COR within five (5) days after completion of the training (Deliverable 0029). Training slides can be found on the Army OneSource we site:

http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx.

1.26.7 Information Assurance (IA) Training:

1.26.7.1 All Contractor employees, including subcontractors, requiring access to Government information systems shall complete the Department of Defense (DoD) IA Cyber Awareness Training within (15) day prior to contract start date or effective date of incorporation of this requirement into the contract, whichever applies (Deliverable 0024). Fifteen (15) days after employment of new personnel. Verification of the training shall be provided to the COR within five (5) days after completion of the training (Deliverable 0024).

1.26.7.2 All Contractor employees, including subcontractors, working information technology (IT)/IA functions shall comply with DoD and Army training requirements per Information Assurance Training Certification and Workforce Management DoD Directive (DoDD) 8570.01, Information Assurance Workforce Improvement Program DoD 8570.01- M, and Information Assurance AR 25-2 within thirty (30) calendar days of employment. Training is available at https://cs.signal.army.mil/.

1.26.7.3 All Contractor employees, including subcontractors, performing services under this contract with access to a Government information system must be registered in the Army Training Certification Tracking System (ATCTS), the web address is https://atc.us.army.mil/iastar/index.php. Verification of registration shall be provided to the COR within five (5) days after registration. Verification of registration shall be provided to the COR within five (5) days after completion of registration (Deliverable 0030).

1.26.8 Personally Identifiable Information (PII): Contractor employees, including subcontractors, performing services under this contract with access to PII and Government information shall complete “Identifying and Safeguarding PII” within 30 calendar days of employment. Contractor personnel shall complete refresher training every twelve (12) months from initial completion. The Contractor shall provide the COR a copy of the training certificates for its employees no later than five (5) days after completion (Deliverable 0031). Training is available at

1.27 Authorization to Perform Services in Germany:

1.27.1 Contractors performing services in the Federal Republic of Germany (FRG) shall comply with German law. The Contractor shall determine whether performance requires registration with German authorities or authorization to do business in Germany and, if so, shall comply with all requirements. Whether or not registration or authorization to do business is required, the Contractor shall determine what documents or authorization its employees and any subcontractor employees must possess to work in Germany. The Contractor shall ensure affirmatively that its employees and subcontractor employees possess such documents or authorizations.

1.27.2 Contractor employees who: (a) are not nationals of Germany or other European Union countries; (b) are not members of the force, the civilian component or their dependents; or c) do not have assimilated status under Articles 71, 72, or 73 of the Supplementary Agreement to the NATO SOFA shall possess work and residence permits.

1.27.3 By acceptance of and performance under this contract, the Contractor affirms that it has complied with the requirements above. Compliance with this requirement and German law is a material contract requirement. Noncompliance by the Contractor, or subcontractor, at any tier may be grounds for issuing a negative past performance evaluation and terminating this contract for default.

1.28 Notice to Proceed: Reserved

1.29 Electromagnetic Compatibility Directive: The Contractor certifies that all electrical and electronic equipment and appliances furnished are in compliance with the Electromagnetic Compatibility Directive 2004/108/EC. For radio transmitting and telecommunication devices furnished in the Federal Republic of Germany, the Contractor certifies that all such items have been approved by the Bundesamt fuer Zulassungen. Any penalties for noncompliance imposed by the Government of the European country where the equipment or appliances are delivered or product liability claims caused by interference generated by furnished appliances or equipment are solely the responsibility of the Contractor.

1.30 Government Property and Services:

1.30.1 The Government will provide and transport all rations to dining facilities unless otherwise directed by the COR.

1.30.2 Food Management Assistance Team (FMAT) Visits: A Department of the Army, FMAT may evaluate individual dining facilities to determine effectiveness and efficiency of the overall installation food program.

1.30.3 Veterinary Service: Installation medical authority representatives will randomly inspect food service operations for compliance with sanitation standards of TRI SERVICE FOOD

CODE TB MED 530.

1.31 Conventional Forces Europe (CFE) Treaty Verification Inspection: Contractor-owned or controlled structures and containers located on U.S. Government installations are subject to short-notice inspections by CFE treaty inspection teams. The Government will endeavor to provide the Contractor as much notice as possible in the event of such inspections. The contractor shall provide access to such structures and containers at the request of the Government. The Contractor shall report such inspections to the COR in writing within ten (10) calendar days of completion of the inspection. Contractor-owned or controlled structures and/or containers on U.S. installations may have to be inspected to comply with the CFE treaty even if Contractor personnel are unavailable to provide access. Any costs borne by the Contractor or any impact on contract performance as a result of the inspection will be a matter of negotiation between the Contractor and the KO.

1.32 Personnel Hiring Actions and Training Determination: Federal Acquisition Regulation (FAR) Part 52.204-9, Personal Identity Verification of Contractor Personnel, establishes criteria for Contractors who require a Common Access Card (CAC) for either physical access to an installation or access to government information technology (IT) systems.