Attachment 1 DFAC PWS A00001.pdf

MARSHALL CENTER DINING FACILITY SERVICE

PERFORMANCE WORK STATEMENT (PWS)

PART 1

GENERAL INFORMATION

19 March 2024

1.1. Introduction. The Marshall Center Dining Facility (DFAC) provides for the nutritional needs of the George C.

Marshall Center (GCMC) guests seven days per week. This model is different from the United States Army Dining Facility system and should more closely emulate food service operations found in colleges and universities as well as business and industry dining facilities.

1.2. Background. The GCMC’s College of International and Security Studies (CISS) conducts a variety of unique programs involving guests from approximately 50+ countries. For these various programs, the college must continuously solicit countries’ requisite governments and agencies to recruit prominent and influential states personnel, dignitaries, academia, professionals and other influential personnel to voluntarily visit and participate to ensure successful implementation. Programs range in duration from one day to 16 weeks.

The GCMC’s Partner Language Training Center Europe (PLTCE) conducts language training for United States and international government and civilian employees serving in various global assignments. Programs range in duration from two to eight weeks.

In addition to these programs, the GCMC routinely hosts distinguished visitors and conducts special events.

All visiting personnel attend GCMC’s programs voluntarily. Visitors are not provided per diem and therefore are dependent upon GCMC’s lodging and food support services for the duration of their visit. To ensure an indelible professional and memorable take-away experience and generate advocates for GCMC’s future programs, GCMC strives to provide a culinary and dining experience emblematic of visitors’ culinary cultural heritage and hospitality guest services throughout all touch points of a person’s visit.

1.3. Objective. The objective of this contract is to obtain non-personal services to successfully operate the Marshall Center’s DFAC. The Contractor shall provide all personnel, food, beverages, equipment, supplies, transportation, tools, materials, supervision, and other non-personal services necessary to perform food service management, food preparation, head count and food sanitation services as outlined in this performance work statement, except for those items specified as Government-furnished property and services.

1.4. Scope.

1.4.1. The Contractor shall not make any determinations of Federal program priorities for budget requests, nor budget policy, guidance and strategy as these are considered Inherently Governmental Functions under Federal Acquisition Regulation (FAR) Part 7.5. The Contractor is prohibited from providing direction to another contractor or performing any Inherently Governmental Functions under this contract.

1.4.2. The Contractor shall operate the Marshall Center’s DFAC, a Government-provided facility, currently located in Building 263, Artillery Kaserne, to provide meals to GCMC guests. The Government will provide quarterly updates to the calendar to include anticipated student participation. Should the location of the Government-provided facility change during the lifetime of this contract, the Contractor will be provided sufficient notice so as to transition dining services to the new location.

1.4.3. The Government owns the facility and contracts out 100% of the food service operations.

1.4.4. The Contractor shall provide daily high quality, appetizing, and nutritious breakfast, lunch and dinner meals of variety to each guest.

1.4.5. The Contractor may elect to provide Contractor personnel meals. The meals provided are at no cost to the Government and will not be counted as meals served for the purposes of this contract.

1.5. Period of Performance. The period of performance shall be for one base period of 12 months, and four consecutive option periods of 12 months each plus one six-month extension.

1.6. Performance Location and Hours:

1.6.1. The Government will make available the Marshall Center (DFAC), Building 263, Artillery Kaserne, Garmisch-Partenkirchen, Germany.

1.6.2. Required hours of DFAC operations are listed below. Contractor and its designated personnel shall conduct all dining preparations, maintenance, cleaning, and any dining facility surge support or emergency equipment repair support needed before and after the operating hours listed below. The contractor shall have access to the DFAC before and after the hours of operations over the lifetime of the contract. The DFAC may remain open for longer periods than listed below with COR approval.

Meal Weekdays Weekends Holidays Breakfast 0630-0830 0730 – 1000 0730 – 1000 Lunch 1130-1330 1130 – 1330 1130 – 1330 Dinner 1730 – 2000 1730 – 2000 1730 – 2000

1.6.3 The Contractor shall accommodate short notice periodic changes to hours of operation to support emergent mission requirements (e.g., early departure/late arrival of guests, and certain holidays).

1.6. General Information.

1.6.1 Quality Control: 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 he assures himself that his work complies with the requirement of the contract. The quality control plan (QCP) is to be delivered within thirty (30) days after contract award, three (3) copies of a comprehensive written QCP shall be submitted to the KO, Contract Specialist (CS) and COR within five (5) working days when changes are made thereafter. (Deliverable 0001, Technical Exhibit 2_Deliverables Schedule). After acceptance of the quality control plan the contractor shall receive the Contracting Officer’s (KO) acceptance in writing of any proposed change to his QC system. Note: QCP may be request to be included in the proposal submission.

1.6.2 Quality Assurance: 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 minimum acceptable defect rate(s).

1.6.3. Temporary Storage Usage: The Government will make available the Marshall Center (DFAC), Building 263, Artillery Kaserne, Garmisch-Partenkirchen, Germany. The Government may will make available Building 264, a small outbuilding, for contractor use for temporary storage of non-hazardous byproducts and bio-waste produced in the performance of the contract. Should the location of the Government-provided facility change during the lifetime of this contract, the Contractor will be provided sufficient notice so as t o transition dining services to the new location.

1.6.5. Recognized Holidays: Contractor shall perform services on German and American holidays.

Name of American Holiday Date New Year’s Day January 1st

Martin Luther King Memorial Day 3rd Monday in January President’s Day 3rd Monday in February Memorial Day Last Monday in May Juneteenth National Independence Day June 19th 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

Name of German National and Local Holiday Date New Year’s Day January 1st Epiphany January 6th Good Friday Varies yearly Easter Monday Varies yearly Labor Day May 1st Ascension of Christ Varies yearly Whit Monday Varies yearly Corpus Christi Varies yearly Ascension of Maria Varies yearly Day of German Unity October 3rd All Saints’ Day November 1st 1st Christmas Day December 25th 2nd Christmas Day December 26th

1.6.6 Compliance with German Law: Contractors performing services in Germany 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 also 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.

Contractor employees who:

(a) are not nationals of Germany or other European Union countries, and

(b) are not members of the force, the civilian component or their dependents, and

(c) do not have assimilated status under Articles 71, 72, or 73 of the Supplementary Agreement to the NATO

Status of Forces Agreement (SOFA) shall possess work and residence permits.

By acceptance of, and performance under, this contract and any task orders or delivery orders issued hereunder, the Contractor affirms that it has complied with the requirements above. Compliance with German law is a material contract requirement. Noncompliance by the Contractor or Subcontractor at any tier shall be grounds for issuing a negative past performance evaluation and terminating this contract, task order, or delivery order for cause, IAW FAR 52.212-4 (m).

1.6.7 Type of Contract: The government will award a single award firm fixed price (FFP) contract.

1.6.8 Standards of Conduct.

1.6.8.1 All Contractor personnel shall present a neat, well-groomed, professional appearance at all times.

1.6.8.2 All Contractor personnel shall conduct himself/herself in an efficient and professional manner consistent with GCMC business standards. Contractor personnel shall interact with the GCMC staff in a courteous, polite, and professional manner at all times.

1.6.8.3. Alcohol/Drug use in the workplace will not be tolerated. Any personnel found to be under the influence of, consuming, or using alcohol or drugs while on duty will be subject to Contractor administrative action and removed from this contract. The Contracting Officer may seek additional contract remedies available, to include termination of this contract.

1.6.8.4. The Contractor shall immediately remove from the site any individual whose continued employment is deemed by the Contracting Officer to be contrary to the public interest or inconsistent with the best interests of National Security. The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the services as required by this PWS. The Government shall not reimburse the Contractor for any expenses associated with the removal of personnel.

1.6.9 Identification of Contractor Employees.

1.6.9.1. The Contractor shall provide each employee with an identification (ID) badge made of nonmetallic material, easily readable and including the employee's name, contractor's name, functional area of assignment, and a recent color photograph of the employee.

1.6.9.2. Contractor personnel shall wear the ID badge at all times when performing work under this contract at a Government site, including while attending Government meetings and conferences that may take place outside the Government facility. Unless otherwise specified in the contract, each contractor employee shall wear the ID badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit such placement.

1.6.9.3. Answering Telephones. Contractor personnel shall identify themselves as a contractor employee when answering Government telephones.

1.6.9.4 Utilizing Electronic Mail. When Contractor personnel send e-mail messages as a part of contract performance (or otherwise relating to contract matters), each sender shall include his/her name (both first and last names), and identify themselves clearly as a contractor or contractor employee.

1.6.10 Security Requirements: Not applicable

1.6.11 Physical Security: The contractor shall be responsible for safeguarding 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.

1.6.12 Key Control: The Contractor shall establish and implement methods of ensuring that all keys issued to him/her by the Government are neither lost, misplaced, nor used by unauthorized personnel. The Contractor shall report the loss of key(s) as soon as the loss is discovered, but in any event, not later than the Government’s next scheduled workday.

1.6.12.1. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

1.6.12.2. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

1.6.13 Key Personnel: The following personnel are considered key personnel: On-Site Dining Facility Manager/Program Manager (PM) and On-Site Dining Facility Manager/Alternate Program Manager (APM). The contractor shall provide an On-Site PM who shall be responsible for the performance of the work. Must have the ability to facilitate communication in English, between speakers and readers of different languages. Must be proficient in German. The name of this person and an alternate who shall act for the Contractor when the On-Site PM is absent shall be designated in writing to the Contracting Officer.

1.6.13.1. Must have English language proficiency equal to Level 3 as defined by the U.S. Department of State language proficiency definitions https://careers.state.gov/faq-items/what-are-the-language-proficiency-definitions. At this level, a person is required to have a good working knowledge of both written and spoken English. The person(s) should be able to read and understand agency regulations, operating instructions, memoranda, and related material concerning the field of work, to prepare correspondence and standardized reports, and to communicate effectively.

1.6.13.2. Must have German language proficiency equal to or higher than a B1 on a Common European Framework of Reference (CEFR)-based test, such as that offered by the Goethe-Institute (https://www.goethe.de/en/spr/kup/prf/prf/bul.html), by Telc (https://www.telc.net/en/language-examinations/), or by the Deutsches Sprachdiplom (DSD I). At this level, an individual can understand the main points of clear standard input on familiar matters regularly encountered in work, school, leisure, etc.; can deal with most situations likely to arise whilst travelling in an area where the language is spoken; can produce simple connected text on topics which are familiar or of personal interest; can describe experiences and events, dreams, hopes and ambitions and briefly give reasons and explanations for opinions and plans.

1.6.13.3. Must have the ability to facilitate communication in English, between speakers and readers of different languages. Must be proficient in German.

1.6.13.4 PM and APM: The On-Site PM or On-Site APM shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The On-Site PM or On-Site APM shall be reachable by phone 24 hours a day, 7 days a week, 365 days per year.

Duties include, but are not limited to:

• Creating and executing daily and project work plans;

• Identifying resources needed and assigning individual responsibilities;

• Managing day-to-day operational aspects of a contract PWS;

• Establishing procedures, applying methodology and enforcing support standards;

• Developing and preparing quality assurance procedures;

• Ensuring required documentation is complete, current and properly filed;

• Dealing with customer service complaints and mitigation;

• Developing and enforcing contract safety standards; and

• Utilizing Government vehicle in support of service.

1.6.13.5 Key Personnel Minimum Requirement:

Position Minimum Qualification Requirements Dining Facility Manager/Program Manager (PM) The PM has the overall responsibility for management and administration of a multi-discipline workforce performing duties which include dining facilities operations associated with this PWS.

Education:

• High School Diploma; Bachelor’s Degree in

Program, Project, or Business Management from an accredited college or university is desired.

Experience:

• Minimum of five years of specialized industry experience in operating administrative or managerial activities for a combination of facilities supporting functions directly related to Food Service operations.

• Designated Food Service Manager with five years of specialized experience with Government Food Service Programs.

Other requirement(s):

• Must be fluent in both German and English languages.

Dining Facility Manager/Program Manager (PM)Alternate (APM) The APM has the overall responsibility for management and administration of a multi-discipline workforce performing duties which include dining facilities operations associated with this PWS.

Education:

• High School Diploma; Bachelor’s Degree in

Program, Project, or Business Management from an accredited college or university is desired.

Experience:

• Minimum of three years of specialized industry experience in operating administrative or managerial activities for a combination of facilities supporting functions directly related to Food Service operations.

• Designated Food Service Manager with three years of specialized experience with Government Food Service Programs.

Other requirement(s):

• Must be fluent in both German and English languages.

1.6.13.6. Dining Facility Managers shall have authority to manage the entire food service operation at the

DFAC. In the absence of the Dining Facility Manager, an alternate Dining Facility Manager with the same authority as the assigned Facility Manager shall be placed in charge of operations. The Dining Facility Manager or alternate shall be responsible for the overall supervision of all Contractor employees, and coordination of all Contractor duties at the DFAC, and shall act as the central point of contact with the Government. The Dining Facility Manager and alternate(s) shall be able to effectively communicate with every member of the contractor's crew at the facility.

1.6.13.7. Dining Facility Manager(s). The Contractor shall ensure its manager(s) maintain the knowledge and/or training required in food safety and stewardship. Specifically, this includes knowledge with foodborne disease prevention, application of Hazard Analysis and Critical Control Points (HACCP) principles and the requirements of Technical Bulletin Medical 530. The Contractor shall provide a self-certification document on company letterhead stating its manager(s) has the required food safety and stewardship knowledge and/or training certification (Deliverable 0002, Technical Exhibit 2_ Deliverables Schedule). The Contractor shall make all items available for inspection at the Government’s request.

1.6.13.8. Contractor Availability & Responsiveness. During normal duty hours, the Contractor’s Dining

Facility Manager (or alternate) shall be available for a minimum of two (2) hours monthly as scheduled by the COR to meet on the installation with the COR to discuss problem areas. The Dining Facility Manager shall provide a monitored telephone number after normal working hours, in order that the Manager may be recalled to the site within three (3) working hours of the first attempt to contact. Either the approved Dining Facility Manager or alternate(s) shall be present during all hours when Contractor employees are working.

1.6.13.9. General Personnel Qualifications. The Contractor shall employ technically qualified personnel to perform the work specified in this PWS. The Contractor shall maintain the personnel, organization, and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements. Personnel assigned to, or utilized by, the Contractor in performance of work shall be fully capable of performing the requirements contained in the PWS in an efficient, reliable, and professional manner. The Contractor is directly responsible for complying with Federal (OSHA) and host nation occupational safety and health (EU- OSHA) standards for its employees.

1.6.13.10. Specific Personnel Qualifications Requirements. The Contractor shall provide all personnel necessary to provide 100% quality food service operations. The Contractor shall maintain and supervise its workforce at all times. Contractor shall provide a minimum of seven (7) working days advanced notification to the COR of new employees to facilitate Installation access requirements.

1.6.14 Contractor Training: Contractor will self-certify industry, safety or other required training for all of its employees and contractors based on established industry practices and standards as listed in this PWS. The Contractor shall make all items available for inspection at the Government’s request.

1.6.15 Logistical Support: The Government will not provide logistical support such as housing, transportation, meals, and incidentals for any Contractor employees performing under this contract.

1.6.16 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (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 will 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.

1.6.17 Contracting Officer Representative (COR): The Government will identify a COR by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: ensure the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Contractor's performance and notifies both the KO and Contractor of any deficiencies; coordinate availability of government furnished property and equipment; review and process invoices for payment; coordinate attendance at Government mandated training; and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, 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.

1.6.18 Performance Requirements Summary: The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success and are shown in PWS Part 7 Technical Exhibit 1_ Performance Requirements Summary.

1.6.19 Performance Evaluation: Performance of a service will be evaluated to determine whether or not it meets the performance threshold. Re-performance at no cost to the Government is the preferred method of correcting any unacceptable performance. The contractor shall provide the Government written response why the performance threshold was not met, how performance will be returned to acceptable levels, and how recurrence of the cause will be prevented in the future.

1.6.20 Roles and Responsibilities of Participating Government Officials:

1.6.20.1. The Contracting Officer (KO) or designee has overall responsibility for evaluating the contractor’s performance and administering the contract. The Contracting Officer will review the COR’s evaluation of the contractor’s performance.

1.6.20.2. The Contracting Officer’s Representative (COR) will be responsible for monitoring, assessing, recording, and reporting on the technical performance of the contractor on a day-to-day basis. The COR will have primary responsibility for completing “Quality Assurance Surveillance Forms” to document their inspection and evaluation of the contractor’s work performance.

1.6.21 Installation Access: The contractor will be authorized and shall obtain an Installation Pass for Sheridan Kaserne and Artillery Kaserne, Garmisch, from the local U.S. Army Garrison-Garmisch Administrative Office.

Failure on the part of the contractor to maintain currency of the Installation Pass will be considered sufficient grounds for the Government to terminate the contract prior to its normal expiration.

1.6.21.1. 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 European Regulation (AE) 190-16, Installation Access Control, will be grounds for denying access to U.S. installations and controlled areas. The Contractor is responsible to ensure that any Sub-contractor 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.

Organizational Sponsor – Designated COR/Alternate Contracting Officer’s Representative (ACOR)

Location: Gernackerstr.2, Building No. 101 Rm 203 82467 Garmisch-Partenkirchen DSN Phone No: 314-440-2214 Commercial Phone No: 08821-750-2214 logistics@marshallcenter.org

1.6.21.2. The Contractor is responsible for being aware of and complying with the requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to the Contractor's failure to comply with Installation Access processing requirements.

1.6.21.3. The supporting Installation Access Control Office for this contract is located on Artillery Kaserne, Breitenauerstr 16, Bldg 203, Room 107. Commercial telephone number: +49(0) 9641-70-521-3618/3558. Office Hours are Monday-Friday 0830-1230 & 1330-1630;

CLOSED ON US FEDERAL HOLIDAYS.

1.6.21.4. AE 190-16 and (AE 190-16-G German translation) can be found on the following website: (AE 190-16) http://www.imcom-europe.army.mil/webs/docs/safety/aer190-16.pdf; and (AE 190-16-G) www.eur.army.mil/aepubs/publications/AER190-16-G.pdf?publisheddate=20170427 .

1.6.21.5 In order to be able to obtain Installation Access, the Contractor shall submit a Polizeiliches

Führungszeunis (Police Good Conduct Certificate) for each Contractor employee, along with AE FORM 190-16F, Installation Access Control System (IACS) Access-Roster Request. The certificate and request shall be submitted within 15 days of the contract award and annually to the COR. The AE FORM 190-16F is found at https://home.army.mil/bavaria/application/files/2315/5178/3986/AEF190-16F.pdf (Deliverable 0003, Technical Exhibit 2_Deliverables Schedule), except those who have DoD-issued Common Access Card (CAC) or those with Status of Forces Agreement (SOFA) status. Additional background checks may be conducted by the Government in order to receive an Installation Pass. Failure to qualify for an Installation Pass may result to the terminate the contract.

1.6.21.6 The Contractor is responsible for returning installation passes to the issuing Installation Access Control Office (IACO) when the contract is completed or when a contractor employee no longer requires access. AE mailto:logistics@marshallcenter.org http://www.imcom-europe.army.mil/webs/docs/safety/aer190-16.pdf http://www.eur.army.mil/aepubs/publications/AER190-16-G.pdf?publisheddate=20170427 https://home.army.mil/bavaria/application/files/2315/5178/3986/AEF190-16F.pdf

190-16 and related information can be found on the following website: https://home.army.mil/bavaria/IACS (Deliverable 0004, Technical Exhibit 2_ Deliverables Schedule)

Installation Access Control Office: IACS

Location: Breitenauerstr. 16, Building No: 203 82467 Garmisch-Partenkirchen, Germany

DSN Phone No: 4403-3558 Commercial Phone No: 08821-750-3558

1.6.22 Invoicing: The Contractor shall submit invoices monthly. Invoices will be submitted IAW the Wide Area Workflow Payment Instructions outlined in the Defense Federal Acquisition Regulation Supplement (DFARS) clause 252-232-7006 - Wide Area Workflow Payment Instructions. Please reference this clause in the clauses section of the contract for specific information. The WAWF Module is found within Procurement Integrated Enterprise Environment (PIEE) at Procurement Integrated Enterprise Environment (PIEE) (eb.mil).

1.6.23 Other Direct Costs: Not Applicable

1.6.24 Data Rights: Not Applicable

1.6.25 Organizational Conflict of Interest (OCI): Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests 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. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and 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.

1.6.26 Phase in/Phase out Period: To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during the thirty (30) day phase in/ phase out periods. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date. Contractor shall submit a phase-out plan within 90 days from the effective starting date of the awarded contract’s base period of performance.

(Deliverable 0005, Technical Exhibit 2_Deliverables Schedule)

1.6.27 Required Documentation after Contract Award: The Contractor shall possess and present the following identification, information, and permits as indicated for all Contractor personnel to the KO and COR (Deliverable 0006, Technical Exhibit 2_ Deliverables Schedule):

1.6.27.1. The names and contact information for all Contractor personnel on company letterhead within seven (7) calendar days of award of this contract; provide annually thereafter; and an updated list shall be provided within seven (7) calendar days to the COR and Contracting Officer each time any changes occur.

1.6.27.2. German citizens: a clear copy of their Ausweis (German ID Card) or passport showing their picture and full name.

1.6.27.3. Citizens of the European Union (EU) – member countries other than Germany: a clear copy of their Aufenhaltsgenehmigung (Residence Permit).

1.6.27.4. Non-U.S.-ID Cardholders and other citizens of non-EU-member countries: a clear copy of their Arbeitserlaubnis (German Work Permit) and country ID card or passport showing their picture, full name, country of issue, and nationality.

https://home.army.mil/bavaria/IACS https://piee.eb.mil/

1.6.27.5. U.S. ID Cardholders: a clear copy of the front of their ID Card. U.S.-ID cardholders do not need an Aufenthaltsgenehmigung or Arbeitserlaubnis.

PART 2

DEFINITIONS & ACRONYMS

2.1. Definitions:

2. 1.1 Boxed Meal (Regular). Per the request of the COR, either, a picnic style meal (e.g. sandwich, fruit and chips) or the hot meal identified on the menu on the day of service.

2.1.2. Catered Events. These events occur more frequently and are provided at the dining facility or COR directed location on GCMC campus. Catered Events includes but not limited to beverages (e.g., non-alcoholic drinks, coffee, tea) and warm or cold finger food (e.g., muffins, pastries, fruit, crudités, or other light snacks). Some examples of catered events are: Ice Breakers, Coffee Breaks, and VIP receptions.

2.1.3. Class “C” (Official Restricted) Telephone Service. Telephones installed for the transaction of official government business, but are restricted to the Base Installation. Users cannot make long distance telephone calls on Class "C" telephones. Collect telephone calls are NOT authorized and are blocked.

2.1.4. Competent. Individuals with the ability to demonstrate knowledge of all food service operations IAW TB MED 530 and commercial industry standards.

2.1.5. Contractor. The total contractor organization or a separate entity of it; such as an affiliate or employee.

2.1.6. Contracting Officer (KO). A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

2.1.7. Contracting Officer’s Representative (COR). An individual designated and authorized in writing by the contracting officer to perform specific technical or administrative functions.

2.1.8. Defective Service. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.9. Deliverable. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.10. Emergency Service/Situations. Accident and rescue operations, civil disturbances, weather warnings, installation alerts that are unplanned.

2.1.11. Government Furnished Property (GFP). The facilities, fixtures, equipment, supplies, and services provided by the Government for the Contractor's use in executing this contract.

2.1.12. 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. When key personnel are used as an evaluation factor, an offer may be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.13. Other Meal Services. Other meal services may take place in the small dining room or in the main dining room separated by partitions (Approxiately 10 events/year). These meal services require the following: The Contractor shall arrange tables and their place settings to support specific seating requirements; provide a dedicated mess attendant for the duration of the meal service; water at each table; hot beverage service and ensure desserts are readily accessible; remove trays and/or place settings as necessary, and, on a case-by-case basis as mutually agreed to by the Contractor’s Facility Manager and COR, set up a serving line and salad bar in the small dining room to accommodate private serving of the menu that is available on the main serving line. These services will be coordinated through the COR as early as possible, but, no later than three (3) working days prior to the event.

2.1.14. Performance Work Statement (PWS). A description of the required results in clear, specific, and objective terms with measurable outcomes.

2.1.15. Phase-Out Period. A 30-day period of time when the incumbent / outgoing Contractor may transition its contract responsibilities, as provided for in the PWS, to a new / incoming Contractor.

2.1.16. Physical Security. Protection of the perimeter area, government property, and assets that prevent the loss or damage of Government property.

2.1.17. Quality Assurance. The various functions, including inspection, performed by the Government to determine whether a contractor has fulfilled the contract obligations pertaining to quality and quantity.

2.1.18. Quality Assurance Surveillance Plan (QASP). A plan describing how the Government will survey, observe, test, sample, evaluate and document the contractor’s performance in meeting critical performance standards identified in the contract.

2.1.19. Quality Control (QC). Tasks performed by the contractor to improve the quality of the organization’s output.

2.1.20. Quality Control Plan (QCP). The Contractor’s method and means to oversee the management of its operations and determine if its operations are meeting the Performance Requirement Summary’s objectives.

2.1.21. Shall. Imperative.

2.1.22. Special Events. Special events are distinguished by the requirement for a menu independent of the menu available on the main serving line. Sample menus are typically Bavarian or American fare, but including provision of associated basic room arrangement (including the set-up of additional chairs and tables) and cleaning services. These services will be coordinated through the COR no later than 7 days prior to the event and a notice of 3 working days prior, on a case-by case basis dependent upon availability. Some examples of special events are:

cultural and international nights; grill nights.

2.1.23. Subcontractor. Any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

2.1.24. Variety. To maximize the use of different menu choices for entrees, side dishes, cooked vegetables and desserts in one day and over the course of time and in accordance with the geographic regions described in Technical Exhibit 4 - Menu Standards.

2.1.25. Work Day. The number of hours per day the Contractor provides services in accordance with the

2.1.26. Work Week. Monday through Friday, unless specified otherwise.

2.2 Acronyms:

ACOR Administrative Contracting Officer Representative AE Army in Europe Regulation CLIN Contract Line Item Number COR Contracting Officer Representative CS Contract Specialist DFAC Marshall Center Dining Facility DFARS Defense Federal Acquisition Regulation Supplement DOD Department of Defense FAR Federal Acquisition Regulation GCMC George C Marshall Center GFP Government Furnished Property

HAACP Hazard Analysis Critical Control Points KO Contracting Officer NATO North Atlantic Treaty Organization PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QASP Quality Assurance Surveillance Plan QCP Quality Control Plan SOFA Status of Forces Agreement

PART 3

GOVERNMENT FURNISHED PROPERTY (GFP) AND SERVICES

3.1. Services. The Government will supply the following services for the Contractor's use in carrying out the duties listed in the PWS. Unless otherwise stated, all Government Furnished Property shall be coordinated and managed through the COR.

3.1.1. Class “C” telephone service.

3.1.2. Electric, water and sewage services for operation of the facility.

3.1.3. Preventive maintenance and repairs of ventilation systems, refrigerators and freezers, kitchen exhaust systems, drinking fountain systems, and fire alarm systems. Approved alterations, repairs, and/or maintenance needed for the facility will be coordinated through the COR and accomplished by the U.S. Army Garrison- Garmisch, Department of Public Works (DPW).

3.1.4. Insect and Rodent Control.

3.1.5. Grounds maintenance and cleaning around the building except for Contractor generated trash and snow removal.

3.1.6. All major maintenance and repairs to Government-owned fixtures and facilities will be made through the U.S. Army Garrison-Garmisch DPW. Government responsibilities are:

3.1.6.1. Electrical power, panel board, circuit breakers (or magnetic contacts) and lines up to and including each piece of equipment;

3.1.6.2. Sewer lines from floor and wall drains; grease trap/separator and associated plumbing.

3.1.6.3. All gas, water, and steam lines up to and including each piece of equipment.

3.1.6.4. Repair of all walk-in refrigerators and freezers units, and dishwashers.

3.1.6.5. Cleaning, maintenance and repair of exhaust ventilating system.

3.1.6.6. Emergency Services & Repairs. All emergency services and repairs to Government-owned fixtures, facilities and equipment will be coordinated through the COR. If the COR determines that repairs were necessitated by negligence, misuse or carelessness on the part of the Contractor's personnel, the Contractor will be issued a written notice to this effect, and the Contractor shall be liable to the Government for the cost of repair.

Police, Fire Protection and the Safety Office may be obtained by calling:

Fire Department 08821-2330/2640

U.S. Military Police DSN: 440-3801 Commercial: 08821-750-3801

Safety Office DSN: 440-3595 Commercial: 08821-750-2326

3.2 Facilities. The Government will provide the Marshall Center DFAC, Building 263, Artillery Kaserne, Garmisch- Partenkirchen, Germany. The ground floor of the building contains approximately 750 square meters of stone flooring, and the basement area contains approximately 144 square meters of tile flooring, including latrines.

The dining hall is separated into two dining areas. Seating capacity is approximately 130 guests in the large dining room and approximately 90 guests in the smaller dining room. Reference Technical Exhibit 8_DFAC Floor Plan for specific details. The Contractor shall return the facilities to the Government in the same condition as received normal wear and tear expected. The Government may make available Building 264, a small outbuilding, for contractor use for temporary storage of non-hazardous byproducts and bio-waste produced in the performance of the

3.2.1. The following spaces and furnishings are designated for Contractor personnel only: dressing rooms with lockers, restrooms, storage space and office space with basic furnishings. The Contractor shall keep these spaces clean and sanitary at no cost to the Government.

3.3 Utilities. The Government will provide all utilities in the facility which will be available for the contractor’s use in performance of tasks outlined in this PWS. The Contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the faucets, turning off lights, and powering off equipment at the end of the work day.

3.4 Equipment. Technical Exhibit 6_Government Furnished Equipment Package lists existing equipment owned by the Government, located on-site. The equipment will be provided to the Contractor for use in providing services under this contract. The contractor may decline the use of any equipment and instead use its own. All costs associated to the use, modification, installation, movement, repair, replacement of any Contractor-owned equipment is the sole responsibility of the Contractor. The Contractor shall safeguard all Government property in the work area and establish a Government Property Management Plan IAW FAR 52.245-1 (Deliverable 0007, Technical Exhibit 2_Deliverables Schedule).

3.4.1. The Contractor and Government will conduct a joint inventory. The Contractor may reject any equipment package items during the joint inventory. The Government will assume responsibility and remove the equipment from the facility. After the joint inventory is complete and agreed upon, the contractor assumes full accountability of the equipment.

3.5. Government Furnished Property (GFP) Management Plan. The Contractor shall safeguard all GFP in the work areas provided and establish a Government Property Management Plan IAW FAR 52.245-1 (Deliverable 0007, Technical Exhibit 2_Deliverables Schedule).

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4.1 General. Contractor shall provide all personnel, equipment and other miscellaneous items and operational support services necessary to provide quality food service operations except for those items or services specifically stated as Government furnished.

4.2. Materials. Contractor shall provide all DFAC food, beverages, food service supplies, materials, consumable products (e.g., office supplies and paper), uniforms, and equipment necessary to meet the requirements under the contract. The Government will provide the VAT forms for authorized purchases once verified, which shall be coordinated through the COR.

4.3 Management of Government Furnished Property: The Contractor shall inventory, ensure the GFP is kept clean as a normal order of business, and coordinate for interval scheduled preventive maintenance and repair of all equipment. The Contractor shall be responsible for coordinating repairs and maintenance of the GFP through the COR who will coordinate with the Government-provided POC. The Contractor shall safeguard all equipment. At the end of each work shift, all Government facilities, equipment and materials shall be secured.

4.4. Biological Materials (Food) and Grease. Contractor shall coordinate, schedule and provide for the pick-up and removal of all biological materials (food) remnants and grease.

4.5. Commercial Internet and Wireless Access Service. Provide commercial internet for the Point of Sale System that includes use of and wireless internet access for patron use during operating hours.

4.6. Point of Sale (POS) System. Contractor shall provide a POS system that has the following capabilities: process a minimum of 200 guests each hour; create diner identification cards and/or codes for attending guests to use upon checking in for breakfast, lunch and dinner; process cash (local & US currency), credit, debit and diner identification card and/or code transactions (diner identification cards and/or codes shall be date / time bound so that they can only be used during guests’ attendance at scheduled classes, seminars or events); produce real-time reports in order to serve various GCMC departments and personnel; allow flexibility to establish more than one point of entry terminal (e.g., Grab-and-Go Kiosk(s), Main Serving Line, Dessert Station, Separate Dining Room) at the Contractor’s discretion.

PART 5

SPECIFIC TASKS

5.1. Non-Personal Services Statement. Contractor employees performing services under this order shall be controlled, directed, and supervised at all times by management personnel of the contractor. Contractor management shall ensure that employees properly comply with the performance work standards outlined in the PWS. Contractor employees shall perform their duties independent of, and without the supervision of, any Government official. The tasks, duties, and responsibilities set forth in the contract may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying Federal policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the FAR. The Government will control access to the facility and will perform the inspection and acceptance of the completed work.

5.2. Specific Tasks.

5.2.1. Phase-In Operations. The Contractor shall provide a detailed time-phased transition plan and schedule covering the first 30 days of the contract, based on the specific tasks in the PWS to ensure all dining facility services and operations continue uninterrupted with the incumbent contractor. The following items shall be addressed at a minimum, and, shall not be considered a conclusive list: Menu, dining options, Point of Sale System to include the transition of the transaction methods (cash, debit, credit and diner cards), internet connectivity; human resource plan; and a GFP transition plan (Deliverable 0005, Technical Exhibit 2_Deliverables Schedule).

5.2.2. Menu Planning. Contractor shall schedule a four-week rotational menu for breakfast, lunch and dinner meals with hot and cold choices ranging from light fare to full meals for eating in and on a grab-and-go basis.

A daily menu with nutritional information shall be posted for breakfast, lunch and dinner and be listed in English.

Contractor shall obtain all food (dairy, meat, vegetables, etc.) from approved sources (see Part 6, Applicable Publications).

5.2.2.1. Dining Options. Contractor shall prepare breakfast, lunch and dinner meals with hot and cold choices ranging from light fare to full meals. Meals may be eaten on site or on a grab-and-go basis.

5.2.2.2. Boxed Meals (Regular). Contractor shall provide Boxed Meals when…