PWS Meals for MOTSU _TM21-Final.docx

PERFORMANCE WORK STATEMENT (PWS)

FOR

Meals

FOR THE

TRANS MARINER 21 ANNUAL TRAINING

MILITARY OCEAN TERMINAL SUNNY POINT (MOTSU)

PART 1

GENERAL INFORMATION

1. General: The objective of this contract is to provide Breakfast and Dinner for a fluctuation of Service Members in support of the Trans Mariner 21 (TM 21) mission as seen in Table 5-1. This contract is required to successfully complete the mission parameters of the TM 21 located at Military Ocean Terminal (MOTSU) in Sunny Point, NC.

1.1. Description of Services: The contractor shall provide Breakfast and Dinner on a timely matter in order to support this exercise. The contractor shall perform to the standards in this contract. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. The contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.2. Background: This contract is required to successfully complete the mission parameters of the TM 21 at Sunny Point, North Carolina.

1.3. Objectives: The objective of this contract is to provide Meals services for the Soldiers involved in the TM 21 during the performance of said mission.

1.4. Scope: Provide Meals for the duration of the exercise from 4 January 2021 to end 5 May, 2021.

1.5. Period of Performance: The period of performance will begin 4 January 2021 to end 5 May, 2021.

1.6. Quality Control: Quality Control is the responsibility of the contractor. The contractor is responsible for the delivery of quality services/supplies to the Government (see FAR 52.246-1, Contractor Inspection Requirements). The Contractor shall develop, implement and maintain an effective Quality Control System which includes a written Quality Control Plan (QCP). The QCP shall implement standardized procedure/methodology for monitoring and documenting contract performance to ensure all contract requirements are met. The Contractors’ QCP must contain a systematic approach to monitor operations to ensure acceptable services/products are provided to the Government. The QCP, as a minimum, shall address continuous process improvement; procedures for scheduling, conducting and documentation of inspection; discrepancy identification and correction; corrective action procedures to include procedures for addressing Government discovered non-conformances; procedures for root cause analysis to identify the root cause and root cause corrective action to prevent re-occurrence of discrepancies; procedures for trend analysis; procedures for collecting and addressing customer feedback/complaints.

1.7. Corrective Actions: At any time if it is determined by the Contract Officer (KO) that the quality control system, personnel, instructions, controls, tests, or records are not providing results which conform to contract requirements, action shall be taken by the Contractor to correct the deficiency. If a Contract Deficiency Report (CDR) is issued the Contractor shall develop a Corrective Action Plan (CAP) which identifies the root cause, Corrective Action (CA) for the root cause, CA for the specific non-conformance and the CA to the root cause to prevent recurrence and a timeline for completion.

1.8. 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 a Government only document primarily focused on what the Government must do to assure that the contractor has performed in accordance with the requirements of the contract.

1.9. Federal Government Holidays: The following is a list of legal Federal Holidays observed by the government and military. Any of the following holidays falling on a Saturday will be observed on the preceding Friday and holidays falling on a Sunday will be observed on the following Monday.

1.10. Place of Performance: The mission is at Military Ocean Terminal (MOTSU) 6280 Sunny Point Road SE Southport, NC 28461. Contractor facilities must be located with 20 miles of mission address. The work to be performed under this contract will be performed at the contractors work location.

1.11. Type of Contract: The government will award a Firm Fixed Price (FFP) Purchase Order.

1.12. Security Requirements: Not Applicable

1.13. Physical Security: Not Applicable

1.14. Security of Classified Items, Systems and Information: The Contractor, as a general rule, shall not have access to classified information; however, should classified documents falls into possession of the Contractor, the Contractor shall immediately contact the Contract Officer Representative (COR) for disposition instructions (if applicable).

1.15. Safety. The Contractor shall immediately correct all safety deficiencies upon notification of the deficiencies by the KO, COR or other designated representative, and shall notify the KO of the corrective action to be taken.

1.16. Reporting of Fire and Safety Hazards: The Contractor shall train personnel to recognize fire/safety hazards and encourage personnel in the performance of their duties to report fire/ safety hazards as well as unsafe conditions to their supervisor. The Contactor shall take corrective action to remedy the reported deficiencies IAW the terms of this contract. The COR shall be notified of deficiencies beyond the terms of this contract.

1.17. Environment and OSHA: The Contractor shall comply with all Federal, State, and Local environmental and occupational safety laws, rules, and regulations. Any apparent conflict between compliance with such Federal, State, and Local environmental and occupational safety laws, rules, regulations, and compliance with the requirements of the contract shall be immediately brought to the attention of the KO or authorized representative for final resolution. The Contractor shall notify the KO or authorized representative in writing in addition to any verbal notification of such conflict. The Contractor shall be liable for all fines, penalties, and costs which result from violations of, or failure to comply with, all such Federal, State, and Local laws, rules, and regulations. All unsafe acts or conditions fostered by the Contractor or Contractor personnel may be grounds for the KO or authorized representative to halt any and all Contractor performance with a commensurate deduction of monies due to the Contractor until such unsafe conditions are corrected. The Contractor shall take due caution not to endanger personnel during performance of this contract. Upon discovery of a serious hazard such as, but not limited to, fire, or large fuel spill, the Contractor shall notify the KO or designated representative and COR.

1.18. Reporting Mishaps: The Contractor shall adhere to reporting of mishaps IAW AR 385-10, The Army Safety Program and DA Pam 385-40, Army Accident Investigations and Reporting. In addition the Contractor shall report: (1) Injury or occupational illness to on-duty Contractors; (2) Damage to Government Furnished Material (GFM), Government Furnished Property (GFP), or Government Furnished Equipment (GFE) provided to a Contractor; (3) Contractor accidents involving Army property and personnel.

1.19. Personnel Safety: The Contractor shall immediately correct all safety deficiencies upon notification of the deficiencies by the KO, COR or other designated representative, and shall notify the KO of the corrective action to be taken.

1.20. Special Qualifications: Not Applicable

1.21. 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, Post Award Orientation. 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 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.

1.22. Contracting Officer Representative (COR): The COR will be identified 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: 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; monitor Contractor's performance and notify both the Contracting Officer and Contractor of any deficiencies. 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.

1.23. Key Personnel: The follow personnel are considered key personnel by the government: Project Manager (PM)/Alternate PM. The Contractor shall provide a PM who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the KO/COR within five (5) calendar days after contract award, thereafter any changes shall be provided five (5) business days prior to expected change and no less than 24-hours after unplanned changes. The PM or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

1.24. Contractor Travel: Not Applicable

1.25. Organizational Conflict of Interest: 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 (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. The Contractor’s 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.

1.26. Other Direct Costs: Not Applicable

1.27. Data Right: Not Applicable

1.28. Phase In/Phase Out Period: Not Applicable

PART 2 DEFINITIONS & ACRONYMS

2. DEFINITIONS: Federal Acquisition Regulation (FAR), Dictionary of US Army Terms, AR 310-25 and Authorized Abbreviations and Brevity Code, AR 310-50, are the references for definitions and acronyms not listed below.

2.1. CONTRACT ADMINISTRATOR: The official Government representative delegated authority by the Contracting Officer to administer a contract. This individual is normally a member of the appropriate Contracting/Procurement career field and advises on all technical contractual matters.

2.2. CONTRACTOR: A supplier or vendor awarded a contract to provide specific supplies or services to the government. The term used in this contract refers to the prime.

2.3. CONTRACTING OFFICER (KO): A person with authority to enter into, administer, and/or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.4. CONTRACTING OFFICER'S REPRESENTATIVE (COR): An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.5. DEFECTIVE SERVICE: A service output that does not meet the standard of performance associated with the Performance Work Statement.

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

2.7. GOVERNMENT-FURNISHED PROPERTY (GFP) OR GOVERNMENT PROPERTY (GP): Property in the possession of, or directly acquired by, the Government and subsequently made available to the Contractor.

2.8. 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 Key Personnel listed in 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.

2.9. PHYSICAL SECURITY: Actions that prevent the loss or damage of Government property.

2.10. QUALITY ASSURANCE: The government procedures to verify that services being performed by the Contractor are acceptable in accordance with established standards and requirements of this contract.

2.11. QUALITY ASSURANCE SPECIALIST: An official Government representative concerned with matters pertaining to the contract administration process and quality assurance/quality control. Acts as technical advisor to the Contracting Officer in these areas.

2.12. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.13. QUALITY CONTROL: All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.14. SUBCONTRACTOR: One that enters into a contract with a prime contractor. The Government does not have rights of contract with the subcontractor.

2.15. ACRONYMS:

PART 5

SPECIFIC TASKS

5.1 Basic Services: The work to be performed under this contract will be performed at the contractor work location. The contractor will provide Breakfast and Dinner for the entire duration of the exercise. Breakfast will be from 5:30am EST to 7:00am EST, and Dinner will be from 5:30pm EST to 7:00om EST starting on 4 January 2021 to end 5 May 2021.

5.2 Description of Meals: Breakfast meals will consist of a buffet style with at a minimum: 1 form of egg, 2 meat options, 2 starch options, toast, 2 cereal options, seasonal fruits and berries. The drinks will consist of water, juice, and milk. Dinner meals will consist of buffet style with at a minimum of 2 meats (1 must be a poultry), 2 vegetable options, 2 starch options, a salad. The drinks will consist of at a minimum water and soda.

5.3 Specialty Meal Requirements: From April 8th through April 30th 2020, 15 personnel require special meals which consist of 5 personal need kosher meals and 10 personal need vegetarian meals.

5.4 Meal Schedule: See attached schedule of Meals in Table 5.1

Table 5-1

Breakfast Meals

Dinner Meals Total Meal Count

5.5 Covid-19 Social Requirements: Social distancing of Service Members is 6 feet from each individual for both Breakfast and Dinner. Mask are worn when not eating and in line to receive food or drinks. Contractor will stay within North Carolina Department of Health and Human Services (NCDHHS) indoor dining requirements.

5.6 Covid-19 Sanitation Requirements: Sanitize surfaces before and after every meal. Contractor will stay within North Carolina Department of Health and Human Services (NCDHHS) indoor dining requirements.

5.7 Covid-19 Positive Case: In the event of a positive case, COR will notify the contactor of the incident immediately and the contactor will also notify the COR of the incident immediately if an employee of the contractor has a positive case as well.

PART 6 APPLICABLE PUBLICATIONS

6. The Contractor (to include subcontractors) must abide by all applicable regulations, publications, manuals, and local policies and procedures.

29 CFR 1910, Occupational Health and Safety, DoD 5200.08-R, Physical Security Program 32 CFR 147.24, The National Agency AR 190-13, The Army Physical Security AR 385-10, The Army Safety Program DA Pam 385-40, Army Accident Investigations and Reporting Executive Order 13514