PWS and PRS - as of 4-10-2023.docx

PERFORMANCE WORK STATEMENT (PWS)

FOR

Catered Meal Services Maine Army National Guard

1.0 General:

1.1 Scope: The caterer shall provide personnel, supervision, and any items and services necessary to perform full catering service and in accordance with the State and local sanitation law requirements, as defined in this PWS.

1.1.1 Objectives: Maine Army National Guard (MEARNG) anticipates purchasing catered meals in accordance with the Performance Work Statement (PWS). The intent is to provide quality catered meals to the MEARNG, in support of personnel in attendant of various missions. The contractor must provide timely, high-quality meals cooked under commercial standard and high-quality customer service. The contractor shall furnish all personnel, food items, supervision, materials, and transportation necessary to provide meals ready to serve, prepared in accordance with the following specifications to the units of the Maine Army National Guard (MEARNG).

1.2 Background: The Maine Army National Guard will at times require the service of a caterer. A catered meal is defined as “a meal prepared in a commercial establishment for consumption there or delivered to a specific location or prepared at the consumption site using the caterer’s portable equipment and subsistence supplies. There is no authority for a caterer to use Government-furnished equipment or Government-furnished facilities to prepare the meals.

1.3 Period of Performance (PoP): The Period of Performance shall be 1 Base Year of 11 months and One-11-month option year.

1.4 General Information:

1.4.1 Place and Performance of Services: 240th Regional Training Institute (RTI), 289 Hildreth Street, Building 700, Bangor, Maine 04401. Dining Facility.

1.4.1.1 Telework: The Government does not permit the contractor to telework in support of this requirement. In furtherance of Continuity of Operations Planning (COOP), a telework program may be enacted to ensure that the Government's mission-critical operations stay operational during times of national emergency or incidents of national significance. Telework shall be at no additional cost to the Government.

1.4.1.2 Unscheduled gate closures by the Security Police may occur at any time causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. Contractors are not compensated for unexpected closures or delays. Vehicles operated by contractor personnel are subject to search pursuant to applicable regulations. Any moving violation of any applicable motor vehicle regulation may result in the termination of the contractor employee’s installation driving privileges.

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

1.4.2 Recognized Holidays: The following are recognized United States (US) holidays. The contractor shall not perform services on these days:

1.4.2.1 New Year’s Day: January 1st

1.4.2.2 Martin Luther King, Jr.’s Birthday

1.4.2.3 President’s Day

1.4.2.4 Memorial Day

1.4.2.5 Juneteenth National Independence Day: June 19th

1.4.2.6 Independence Day: July 4th

1.4.2.7 Labor Day

1.4.2.8 Columbus Day

1.4.2.9 Veteran’s Day: November 11th

1.4.2.10 Thanksgiving Day

1.4.2.11 Christmas Day: December 25th

1.4.3 Quality Control (QC): Reserved

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

1.4.5 Installation Access and Security Requirements. The contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the COR. The contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, or Security Office. The contractor shall ensure compliance with all personal identity verification requirements as directed by Department of Defense (DoD), Headquarters Department of Army (HQDA) and/or local policy (see PWS 6.0). Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

1.4.5.1 For contractors requiring Common Access Card (CAC): Reserved

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

1.4.5.3 Awareness Training (AT) Level 1: All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level 1 training within 30 calendar days after contract start date and within 30 calendar days of new employees commencing performance. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee to the COR within 15 calendar days after completion of training by each employee or subcontractor personnel. AT Level 1 awareness training is available at the following website: https://jko.jten.mil/courses/atl1/launch.html.

1.4.5.4 iWATCH Training: Reserved

1.4.5.5 Communications Security/Information Technology (COMSEC/IT) Security. Reserved

1.4.5.6 (IA)/Information Technology (IT) certification. Reserved

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

1.4.6.1 Key Control. NOTE: All references to keys include key cards. The contractor shall establish and implement methods of ensuring that no keys/key cards issued by the Government are lost or misplaced or are used by unauthorized persons. No keys issued by the Government shall be duplicated. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas.

1.4.6.1.1 The contractor shall immediately report any occurrences of lost or duplicated keys/key cards to the COR.

1.4.6.1.2 In the event keys, other than master keys, are lost or duplicated, the contractor shall, upon direction by the KO, 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 Government replaces or re-keys the locks, the Government will deduct the total cost of lock replacement or re-keying from the monthly payment due the contractor. In the event a master key is lost or duplicated, the Government will replace all locks and keys for that system and will deduct the total cost from the monthly payment due the contractor.

1.4.6.1.3 The contactor shall prohibit the use of the 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 contactor employees engaged in the performance of services in those areas, or personnel authorized entrance by the KO.

1.4.6.2 Lock Combinations: Reserved

1.4.7 Special Qualifications: The contractor shall ensure all employee prosses all local and state required food safety certifications for preparing/serving food and food items in the performance of this contract. This does not include education or other qualification for the position in which the contractor employee is performing, dress codes, or other information. The contractor shall ensure all employees engaged in the preparation and serving of food are medically cleared by medical professionals prior to execution of this contract. Note: The Government does not provide training and/or medical screening to contractors. Contractors must ensure that any personnel performing under a contract are fully trained, licensed, certify, and qualified to provide service.

1.4.7.1 The contractor shall have a current American National Standard Institute (ANSI)-Conference for Food Protection – Accreditation certificate, which can be found at ANAB - ANSI National Accreditation Board. The Government will not be liable for the cost of the certification.

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

1.4.9 Contract Manager (CM): The contactor shall designate a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO. The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The CM shall work through the COR, to resolve issues, receive technical instructions, and ensure adequate performance of services. The CM shall ensure that contractor employees do not perform any services outside the scope of the contract without an official modification issued by the KO. The CM shall ensure contractor employees understand that services performed outside the scope of the contract are performed wholly at the expense of the contractor.

1.4.10 Identification of Contractor Employees: All contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression that they are Government employees. The contractor shall ensure that all documents or reports produced by contractor personnel are suitably marked as contractor products or that contractor participation is appropriately disclosed. The contractor’s status as a “contractor” shall be predominantly displayed in all correspondence types (to include signature blocks on e-mail) and dealings with Government or non-Government entities. Contractor personnel shall wear identification badges distinguishing themselves as such. The badges shall have the company name, employee name and the word “contractor” displayed.

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

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

1.4.12 Contractor Travel: Reserved

1.4.13 Data Rights: Reserved

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

1.4.15 Phase In / Phase Out Periods: Reserved

2.0 Definitions and Acronyms:

2.1 Definitions:

2.1.1 Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

2.1.2 Defective Service: A service output that does not meet the standard of performance associated with the PWS.

2.1.3 Deliverable: Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

2.1.4 Key Personnel: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.5 Physical Security: Actions that prevent the loss or damage of Government property.

2.1.6 Quality Assurance: The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.7 Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.8 Quality Control: All necessary measures taken by the Contractor to ensure that the quality of an end product or service shall meet contract requirements.

2.1.9 Subcontractor: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.2 Acronyms:

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): The Government will provide the property, material, equipment, and/or services listed below solely for the purpose of performance under this contract:

3.1 Property: The Government will furnish the necessary workspace for the contractor to service.

3.2 Materials: The Government will provide disposable plates, napkins, cups, and disposable utensils.

3.3 Equipment: The Government will have tables, chairs available and garbage receptacles during mealtimes.

3.4 Services: Not Applicable.

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

4.0 Contractor Furnished Property, Materials, and Equipment (CFP/M/E):

4.1 General: Except for those items specifically stated to be Government-Furnished in Paragraph 3.0, the contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.

5.0 Requirements: The contractor shall:

5.1 The Contractor shall furnish all personnel, food items, supervision, parts, tools, materials, facilities, and transportation necessary to provide prepared meals for the Maine Army National Guard. Proposed meals, required items, and proposed quantities as seen in Exhibit 3.

5.1.1 If short notice cancellation of meals causes the vendor to incur otherwise non-billable cost for perishable food, the vendor shall be reimbursed for those food costs provided the food has no alternative business use and is itemized and approved by the Contracting Officer for reimbursement.

5.1.2 All food delivered by the caterer to the 240TH Regional Training Institute (RTI) Bangor, Maine dining hall shall remain the property of the MEARNG Recruiting and Retention, Except:

5.1.2.1 Saturday, May 18, 2024, Dinner meal, delivery will be at Plymouth Training Site, 250 Condon Road, Etna, Maine 04969. Coordination of this meal will be arranged through the COR for all the specific details.

5.1.3. Contractor shall supply cooked meals ready to serve within 15 minutes of the specified times. Meals must be maintained at proper temperature if transported and throughout the serving periods.

5.1.4. The “not to exceed” number of meals mentioned in Exhibit 3 is based on 100% attendance. Actual attendance may vary and will be provided to the meal NLT 5 calendar days prior to the event. The vendor will than adjust the actual number of meals to served, and be paid for, accordingly. The vendor will not exceed the total number of meals agreed upon without written consent from the Contracting Officer.

5.1.5. Contractor shall invoice for meals by date and meal type. The Government will make payment through electronic invoicing through Procurement Integrated Enterprise Environment (PIEE) upon satisfactory completion of work and receipt of proper certification for payment. All payments will be made by electronic transfer of funds.

5.1.6. Contractor shall have the internal resources to be able to deliver, serve, and package-upon request for both breakfast and the dinner meals. Buffet style is preferred, a la carte order is prohibited.

5.1.7. Contractor shall be responsible for cleanup and trash removal in kitchen and scullery areas. COR will coordinate with contractor on trash disposal locations.

5.1.8. Clean-up and enforce sanitation requirements for only the food distribution area. The Government’s kitchen area, along with all cooking utensils will not be available to the contractor. If violations occur, the contractor will be notified, and future awards could be jeopardized.

5.1.9. The Government reserves the right to require the caterer to remove staff members that are deemed carless or otherwise objectionable.

5.1.10. Contractor may be allowed to store non-perishable food materials for next day food preparation. The Government will not provide storage for perishable food materials.

5.1.11 Contractor shall provide a list of personnel who will be performing under the contract at least 30 calendar days prior to contract performance, and new employee(s) thereafter as needed.

5.2.2. Shall follow all applicable instructions and directives as identified by this PWS including Army Regulation 30-22 (The Army Food Program, Department of the Army Pamphlet 30-22 (Operating procedures for the Army Food Program), Technical Bulletin Medical 530 (Occupational and Environmental health Food Sanitation), and Technical Bulletin Medical 577 (Sanitary Control and Surveillance of Field Water Supplies). Hot food shall be at 135° F or above and cold food shall be at 41° F or below.

5.2.3. All Contractor employees shall wash their hands upon reporting for work, immediately after visiting the lavatory, after using tobacco products, and after handling raw meat, poultry, garbage, or soiled items. All Contractor personnel shall maintain and keep fingernails clean, cut short and devoid of nail polish (food handlers and attendants).

5.2.4 The Contractor shall inspect contractor personnel for any evidence of communicable diseases, infectious wounds, open sores, or acute respiratory infection. Personnel with any health problems shall not be permitted to work any capacity where there is likelihood of food or food contact surface contamination with pathogenic organisms or transmitting disease agents to others. Personnel relieved of duty due to physician diagnosed illness must have a medical clearance before returning to work.

5.3. Menu Guidelines: to include but, not limited to the following:

Breakfast: Saturday, Time: 8am EST (times are subject to change) Breakfast: Sunday, Time: 7:30amEST (times are subject to change) Dinner: Saturday, Time: 4:30pmEST (times are subject to change)

Breakfast Meal:

To Include:

1 Starch (e.g., pancakes, waffles, French toast, biscuits, or home fries,) 1 Fruit (e.g., Banana’s apple, and orange’s) or Juice) 1 Eggs, (Single Serving) 1 Baked Good – (e.g., Biscuits, Muffins or Bread) 1 type Meat entrée (e.g., Bacon, Sausage, or ham) 1 Beverage – (e.g., Juice and Milk) No caffeine options.

Dinner Meal:

To Include:

1 Entrée, 1 Starch (Potato, Rice, and Pasta) 1 Vegetable 1 Bread or crackers 1 Dessert (e.g., cookies, brownies, pies, or pudding) 1 Beverage (e.g., Juice and Milk), No caffeine options.

5.3.1. Condiments: Contractor shall provide all condiments (mayonnaise, mustard, ketchup, steak sauce, hot sauce, salad dressing, syrup, salt, and pepper, etc..) to complement the meal being served.

5.4. The MEARNG will identify any individuals with special dietary restrictions no later than five calendar days before the scheduled meal date. The Contractor shall fully strive to accommodate special diets where feasible and within contract meal rates.

5.4.1. The Government request a Halal option for up to five (5) Service Members per meal due to religious beliefs. The Government shall provide a Halal meal to feed those individuals in the Military Service who maintain a strict religious diet. These meals shall be clearly marked identifying that they are Halal meals at the time of delivery. The coordination of these meals will be arranged through the COR for all the specific details.

5.5. Meal nutritional standards will be based on nutritional guidelines outlined in AR 40-25 (Nutrition and Menu Standards for Human Performance Optimization) dated 3 January 2017, Appendix B – Military Diet and Nutritional Standard – B-1. Military diet – provides energy standards for to be considered under the moderate activity, hereby listed as attachment 3.

5.5.1. Contractor shall ensure that they hold a current American National Standard Institute (ANSI)-Conference for Food Protection – Accreditation program, which can be found at ANAB - ANSI National Accreditation Board, and hold a Maine state food license issued by the Maine Department of Agriculture throughout the entire life of the period of performance, and when requested by the Government. Validation of accreditation and licensing will occur prior to award and at the time of the option(s) period executed. The Government will not be held liable for the cost of the certificate.

5.6. Pricing schedule. All services shall be provided on a firm-fixed price per meal rate basis. The yearly contract value shall depend upon fluctuations in the number of eligible employees per year. Each year the Government will provide at the time of the contract option period the number of eligible employees for the period of performance. The quantity of eligible employee is an estimated quantity, and the actual quantity of the employee unit price varies above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon an increase or decrease in price due solely to the variation above or below the estimated quantity. If the quantity variation is such as to cause an increase or decrease during the period of performance of the base year or outlined option periods, either party may request in writing for an equitable adjustment in the contract price during the period of performance, without delay.

Publication (Chapter/Page)

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

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

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

DoDM 1000.13-M-V1 DoD Identification (ID) Cards (Enclosure 2, paragraph 3.b) 01/23/2014 (Change 1: 07/28/2020) http://www.esd.whs.mil/Directives/issuances/dodm

Federal Information Processing Standards (FIPS) Publication 201-2 Personal Identity Verification (PIV) of Federal Employees and Contractors (Paragraph 9) August 2013 http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.201-2.pdf

https://www.esd.whs.mil/Directives/issuances/dodm/

DoDI 5200.46 DoD Investigative and Adjudicative Guidance for Issuing the Common Access Card (CAC) 09/09/14 (Change 1: 05/04/2018) https://www.esd.whs.mil/Directives/issuances/dodi/

Homeland Security Presidential Directive (HSPD)-12 Policy for a Common Identification Standard for Federal Employees and Contractors 08/27/2004 https://www.dhs.gov/homeland-security-presidential-directive-12

DoDI 5400.11 Department of Defense Privacy and Civil Liberties Programs 01/29/2019 https://www.esd.whs.mil/Directives/issuances/dodi/

DoD 5400.11-R Department of Defense Privacy Program 05/14/2007 https://www.esd.whs.mil/Directives/issuances/dodm/

DoDD 8140.01 Cyberspace Workforce Management

10/05/2020 https://www.esd.whs.mil/Directives/issuances/dodd/

DoD 8570.01-M Information Assurance Workforce Improvement Program 12/19/2005 (Change 4: 11/10/2015) https://www.esd.whs.mil/Directives/issuances/dodm/

DoD 5220.22-M National Industrial Security Program Operating Manual (NISPOM) 02/28/2006 (Change 2: 05/18/2016) https://www.esd.whs.mil/Directives/issuances/dodm/

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

DD 1172-2

Application for Identification Card/DEERS Enrollment

I-9 Employment Eligibility Verification 10/21/2019 https://www.uscis.gov/sites/default/files/files/form/i-9.pdf

DD 441

Department of Defense Security Agreement Feb 2020 http://www.dtic.mil/whs/directives/forms/dd/ddforms0001-0499.htm

TECHNICAL EXHIBIT 1

Performance Requirements Summary (PRS)

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

Technical Exhibit 3

5.3. Meal Guidelines

5.2.2 Food Health and Safety

TECHNICAL EXHIBIT 2

Deliverables Schedule

5.1.11. List of Personnel

https://cac.piee.eb.mil/

and MEARNG Food Service Manager

TECHNICAL EXHIBIT 3

Estimated Workload Data

This information is provided for historical background only. It is not a guarantee of workload quantities.

For the calendar year 2024-2025, The Government will provide to the vendor 45 calendar days prior to the execution of the contract option period with the number of eligible employees for that period of performance.

Ver. October 2022