Attachment_0001_-_Final_PWS_Catered_Meal_Contract_6-21-2018.docx

PERFORMANCE WORK STATEMENT (PWS)

FOR

FOOD CATERING MEAL SERVICE

21 May 2018

Logistics Readiness Center Fort Devens 36 Quebec Street Building 657 Devens MA, 01434-4479

· 14.0 Antiterrorism/Operations Security (AT/OPSEC) Level I Training 51

SECTION 1

GENERAL SCOPE

1.1. The Contractor shall perform Catering Services to the Fort Devens Dining Facility, building 657 on Fort Devens as required. Services provided must meet the performance requirements stated in this contract.

1.2. The Contractor shall plan, program, administer, manage, and execute, the work necessary to provide high quality and delicious catered meals to include breakfast, lunch, and dinner seven days per week as required by projected student load. Also, Contractor must be able to prepare additional meals when requested for a surge of Soldiers attending Battle Assembly, (normally weekends), Annual Training, and exercises. The Contractor shall provide personnel, management, food and all other items and services which are not Government furnished as defined in the PWS. The catered meals shall meet the standards from Army Regulation 30-22 and DA Pamphlet 30-22. All work to be performed by the Contractor is set forth in this solicitation.

SECTION 2

INTENT

2.1. This PWS describes the performance requirements for the Fort Devens Food Service Program. The intent is to establish work requirements that are performance-based and results-oriented. Therefore, this PWS is written to define “what” is required and to leave the Contractor, the decision on “how” to do the work. This approach is intended to allow the Contractor to determine the best and most cost-effective ways to fulfill Fort Devens catering service needs, emphasizing innovation and commercial best practices. Applicable regulations and other references are provided to assist the Contractor in understanding “what” is required. Unless law or regulation specifically requires a particular process, the Contractor is free to determine “how” to do the work, subject to the overall expectation that the Contractor will use the most cost-effective methods appropriate while still providing superior catering services to satisfy Fort Devens’ needs. The term Government used in this contract represents the Contracting Officer (KO), Contracting Officer’s Representative(s) (COR), Alternate Contracting Officer’s Representatives (ACORs), Installation Property Book Officer (IPBO) and Department of the Army (DA) Civilian employees at Fort Devens.

2.2. The intent of the Government is to solicit the most efficient and effective organization able to complete all requirements set forth in this document. The Contractor is expected to provide all labor, tools, supervision, equipment, materials, and management, except as specified as Government Furnished Property and Services, necessary to provide catered meal services as outlined in this document to achieve this goal; the ability of private and public sector offers to perform all requirements is subject to competition.

SECTION 3

DEFINITIONS/ABBREVIATIONS AND ACRONYMS

DEFINITIONS. The definitions that follow apply to the execution of this contract.

STANDARD 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.

Acceptable Level Performance (ALP). The ALP is a designated value (percent) of defective outcomes/service that the Government indicates will be accepted using acceptable sampling techniques and procedures.

Army Federal Acquisition Regulation Supplement (AFARS). The Army‘s supplement to the Federal Acquisition Regulation.

Common Access Card (CAC). Access card to Fort Devens computer network and systems.

Commercial and Government Entity (CAGE) Code. An identification code assigned to the Contractor and is required by the Contracting Officer (Property Administrator) and Contractor from the Defense Logistics Service Center. The CAGE code is also required on the annual Government facilities report. Use DD Form 2051 to request the CAGE code.

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

Contracting Officer’s Representative (COR). An individual from the functional activity appointed by the Contracting Officer and delegated specific authority to monitor contract performance and to perform specific contract administration functions.

Alternative Contracting Officer’s Representative (ACOR). An alternative Contracting Officer Representative Designated in writing by the Contracting Officer to serve in the CORs absence.

Contract Discrepancy Report (CDR). A formal method documenting unsatisfactory Contractor performance (contract deficiencies and defects against the ALP) in the contract file.

Defective Service. A unit of service, which contains one or more defects and does not conform to specified requirements.

Fair Wear and Tear. Loss or impairment of appearance, effectiveness, worth, or utility of an item that has occurred solely because of normal and customary use of the item for its intended purpose.

Performance Standard. A measurable output or result associated with the performance-based description of a requirement found in the PWS.

Quality Control. Those actions taken by the Contractor to control the in-process performance of goods or services to ensure that contract quality standards are met.

Periodic Sampling. A sampling (inspection) method used to evaluate contract tasks and services performed daily. It is the primary method for measuring contract performance. Each service output in a lot has an equal chance of being selected for inspection. The results of periodic inspections are evaluated against the number of allowable defects to determine the overall quality of the lot (service).

Sample. A sample (inspection) consists of one or more service outputs drawn at random from a lot. The number of outputs in the sample is the sample size.

SECTION 4

TECHNICAL DEFINITIONS PECULIAR TO THIS CONTRACT

Accredited Sanitation Program: A certificate program that has been evaluated and listed by an accrediting agency as conforming to national standards that certify individuals. Managers and supervisors shall satisfy one of the following requirements:

1) Satisfactorily complete the Educational Foundation of the National Restaurant Association Course in Applied Food Service Sanitation.

2) Pass an examination from the Educational Testing Service (ETS) showing satisfactory completion of the Food Protection Certification Program.

Army Food Program. A comprehensive program which encompasses all phases of food service, from; procurement, inspection, transportation, storage, distribution, issue and sale, preparation and serving meals in garrison dining facilities.

Army 14-Day Menu. A 14-day Cycle Menu utilized in feeding soldiers.

Clean. Free of visible signs of food, food residues, ingredients, grease, soap and foreign matter.

Diner Satisfaction. Methods of feedback through a variety of surveys and comment programs to determine the degree to which the Contractor is meeting or exceeding contract requirements and established quality levels of food and service.

Dinner. Typically the third meal of the day, or evening meal of each day, served during late afternoon or early evening.

Dinnerware. Eating, drinking and serving utensils for table use, such as flatware including knives, forks and spoons; hollowware including bowls, cups, serving dishes and tumblers; and plates.

Facilities. Government furnished buildings provided to the Contractor for use in performing tasks and services of this contract.

Food Contact Surface. A surface of equipment or utensils with which food normally comes in contact. This includes equipment and utensils from which food may drain, drop or splash back into food, or onto surfaces normally in contact with food.

Food Handlers. Food service personnel who work where unsealed, raw food or drink is handled, processed, prepared or served and personnel who touch food or food contact surfaces.

Government Furnished Property (GFP). All facilities, equipment, food and supplies owned or leased by the Government provided to the Contractor for use in performance of this contract.

Government Property. All property owned by or leased to the Government or acquired by the Government under the terms of the Contract. Government property includes both Government furnished property and Contractor -acquired property as defined in FAR 45.101.

Hazard. A biological, chemical, or physical property that may cause an unacceptable consumer health risk.

Installation Commander. A commander of any U.S. Army installation.

Meal Service for Remote Site Feeding. Tasks associated with preparing meals including beverages, packaging food for pick up from a garrison dining facility by soldiers attending Military school at Fort Devens.

Menu - Regular. A menu offered at the breakfast, lunch and dinner meal which provides the diner, as a minimum, with a choice of two meats/entrees, two vegetables, two starches, assorted desserts, beverages and bread/rolls and appropriate condiments.

Meal Serving Hours. Hours designated by the COR when the dining facility serving lines are open for service.

Non-Food Surface. All exposed surfaces other than those included in food or splash zones.

Operating Hours. Operating hours specify the time prior to the scheduled start of meal service for the first meal of the day to time following the scheduled close of meal service for the day of operation.

Personnel. For the purpose of this contract, the term “Contractor employee(s)” applies to all Contractor employees and sub-contractor employees performing work in support of this contract.

Perishable Subsistence. Those food items with limited shelf life that normally require controlled conditions of temperature and/or humidity during transportation and storage.

Potentially Hazardous Foods (PHF). Any food that promotes the rapid growth of bacteria. Maybe characterized as high protein and acid foods with water activity above 0.86 (H2).

Preventive Medicine Activity. The local medical authority responsible for inspecting sanitary conditions of dining facilities and safe food handling protection.

Safe Temperatures. The internal product temperature of potentially hazardous food (PHF) shall be 40oF (7o) or below, 140o (60oC) or above.

Sanitizing. The process of reducing the number of microorganisms on a surface to safe levels.

Sanitizing Solutions. A chlorine solution "or any other chemical sanitizing agent allowed under 21 CFR 178.1010" as defined in, Tri Service Food Code TB MED 530.

Serving Line(s). The location and equipment within dining facilities where diners are served food or where food/beverage is offered for self-service.

Tableware. Condiment containers, dispensers and napkin holders.

Temperature Danger Zone (TDZ). Unsafe temperatures for food between 40F and 140F.

Veterinary Activity. The organization that is responsible for inspecting all food to determine fitness of safety for human consumption.

Work Days. Work days Monday through Sunday, including national holidays.

SECTION 5

PERFORMANCE REQUIREMENT SUMMARY (PRS)

5.1. The minimum timeliness and quality standards to be achieved by the Contractor for the various functions and tasks are outlined in this PWS, as an acceptable level of performance. The PRS, TE-3 identifies the overall acceptable level of performance required for overall task performance to be considered acceptable by the Government.

5.2. Technical Exhibits to the PWS are labeled as “TE”. Technical Exhibits (TE) are used to provide supplementary information necessary for the formulation of the Contractor’s proposal and can be in the form of tables.

SECTION 6

ROLES AND RESPONSIBILITY OF GOVERNMENT PERSONNEL

6.1. Notwithstanding the Contractor’s responsibility for total management responsibility during the performance of this contract, the administration of the contract will require maximum coordination between the Government points of contact during performance of the contract.

6.2. Contracting Officer (KO). All contract administration will be effected by the Contracting Officer (KO), thru the assigned Contracting Officer’s Representative (COR). Communications pertaining to contractual administrative matters will be addressed to the Contracting Officer’s Representative (COR). No changes in or deviation from the scope of work shall be effected without a modification to the contract executed by the KO authorizing such changes.

6.3. Contracting Officer’s Representative (COR) / Alternate Contracting Officer’s Representative (ACOR). A COR and/or an ACOR will be delegated authority in writing by the KO to monitor all technical aspects and assist in the administration of the contract.

6.4. COR duties may include supervising other ACORs. The types of actions within the purview of the COR/ACOR authority are to assure that the Contractor performs the technical requirements of the contract; to perform or cause to be performed inspections necessary in connection with performance of the contract; to maintain both written and oral communications with the Contractor concerning the aspects of the contract and notify the Contractor and KO of any deficiencies observed; and to coordinate government furnished property availability and provide for site entry of Contractor personnel if required.

6.5. COR/ACORs do not have the authority to: a) Clarify, make, or infer legal interpretation concerning the scope or intent of the contract. b) Approve Contractor’s procedures or authorize the expenditure of funds; c) Levy or impose any task not specifically provided for in the contract. d) Issue instructions that could be construed as changes to contract terms or conditions. e) Enter into contractual agreements with the Contractor. f) Issue directives to the Contractor, and g) Offer advice or recommendations to the Contractor that could directly or indirectly affect any pending KO determination concerning fault or negligence of any contractual party.

6.6. A letter of designation will be issued by the KO to the COR/ACOR with a copy supplied to the Contractor stating the responsibilities and limitations of the COR/ACOR.

SECTION 7

GENERAL REQUIREMENTS

7.1. TRANSITION. A transition plan will be submitted with your proposal for Government Review.

Phase-In of Contractor Operations: The newly appointed Contractor shall work with the current Contractor in a professional manner. The new Contractor shall review the inventory list and all GFP and provide a list of required material and/or any discrepancies to the COR within five (5) business days from date of award. The new Contractor shall accept total responsibility for all operations required by this contract at the conclusion of the fifth calendar day phase in process and shall be ready to perform.

Phase-Out of Contractor Operations: The Phase out period will consist of three business days prior to the end of the contract (to include option periods if applicable, or if the Contractor is not awarded the subsequent contract for these services) the Contractor shall permit his successor and successor’s key personnel to observe and become familiar with any and all operations under this contract. The Contractor shall remain responsible and reliable for the completion of all requirements of this contract until the final day of the contract. The outgoing Contractor shall not defer any requirements for the purpose of avoiding responsibility or for transferring such responsibility to the successor Contractor. The outgoing Contractor shall fully cooperate with the successor Contractor and the Government so as not to disrupt service and/or interfere with the work responsibilities of the Contractor or the Government. The outgoing Contractor shall submit, to the Facility Supervisor, a phase-out plan as a deliverable of this task order. The Contractor shall develop the plan within 60 days of Contract award and shall update the phase out plan during the life of the task order. The phase-out plan shall be provided to the Government upon request and shall include:

At the end of the period of performance (POP), the Contractor will not work after POP is over. The Contractor shall assist with transitioning to a new contract/task order. (Note that the transition may be to a Government entity or to another Contractor dependent upon mission set or Department of Defense Posture.) The Contractor shall assist the Government in planning and implementing a complete transition from this Contract to the incoming support provider.

This shall include formal coordination with the Government and will coordinate with new provider to minimize confusion, and management and delivery of soft copies of existing policies, procedures, documentation, hardware, software, and required metrics and statistics. Procedures for retaining the staffing levels necessary to maintain required contract services through the day of contract expiration or termination.

Procedure and responsibilities for performing physical inventory and reconciliation of GFP. Including the turn over GFE to the COR at each site.

Procedure and responsibility for reconciling and certifying material and equipment on-hand levels and accuracy. Ensure all equipment has been turned in, dispatches and or documentation closed and turned over to the COR.

Procedure for turning in any other Government provided identification, safety equipment, tools and any other government provided items as necessary.

7.2. Hours of Operation.

**Meal periods may vary from 1.5 to 2 hours. Start and End times of meals may vary based on schedule provided by Contracting Officer’s Representative.

7.3. Due to the Food Service mission, the Contractor shall be prepared on a 2 hour notice to sustain continuous operations when directed by the Government or as dictated by mission requirements. The Contractor shall provide to the Food Service Officer emergency telephone numbers where key Contractor personnel may be contacted when not present at the work site and update as necessary before changes occur. Severe weather or other natural disasters may require expanded operating hours.

7.4. Federal Holidays. The Contractor is required to provide services on Federal holidays. Federal holidays are established by Federal Law and are currently as follows:

*Historically the Dining Facility has been closed for the period between Christmas and New Year’s. This may be subject to change.

7.5. Weather Conditions. The Contractor shall be expected to provide services regardless of weather conditions/power outages.

7.6. Installation Shut Down. Fort Devens services covered by this PWS are required regardless of holidays, weekends, installation shut down, and inclement weather conditions.

7.7. Workload (TE-2). It is anticipated that during the course of this contract there will be workload increases and decreases. A final meal count will be provided one week prior to the scheduled feeding. In the event of unscheduled changes, the Government will provide to the Contractor in writing and 48 hours prior to the scheduled feeding, a notice of meal count number changes. This workload is provided to assist in proposal preparation and shall not be a limiting factor on the Contractor’s obligation to perform all services described in this contract to the required level of effort.

7.8. Performance Meetings. Meetings shall be as often as necessary as determined by the KO or COR. The Government will chair and distribute minutes of prior meetings to attendees. If the Contractor, Government, or other attendees do not concur with any portion of the minutes, such non-concurrence shall be provided in writing to the KO within five (5) business days following receipt of the minutes. The Contractor may also request a meeting with the KO when he or she believes such a meeting is necessary. Minutes of any such meetings requested by the Contractor shall be prepared by the Contractor and submitted to the KO. All meeting minutes will contain the following:

· Problems or constraints encountered.

· Suggested solutions to problems or constraints.

· Proposed initiatives or waivers requiring Government action.

· Status of open items from previous meetings.

· Title and date of reports delivered in the previous time period.

7.9. Media Information. The Contractor shall not, in the performance of this contract, provide any information for media release without the approval of the Installation Public Affairs Officer and KO. No member of the media or of the Congress (House or Senate) shall be invited by the Contractor onto Fort Devens. All media/Congressional inquiries shall be referred to the Installation Public Affairs Office. Requests for media release of information shall be submitted, in writing, to the KO at least fifteen working days prior to the proposed release date, and specify what information is to be released, how it is to be released, the purpose of the release, and when it is proposed for release. The KO will coordinate with the COR for functional recommendation for approval/disapproval and submit to the Public Affairs Officer for decision. Once the KO obtains the approval/disapproval from the Public Affairs Officer, the KO will notify the Contractor in writing.

SECTION 8

PERSONNEL

8.1. Contractor Employees. For the purpose of this contract, the term “Contractor employee(s)” applies to all Contractor employees and sub-Contractor employees performing work in support of this contract. The Contractor shall furnish fully trained managerial, supervisory, technical, administrative, clerical, and direct labor personnel, sufficient in number and qualifications to accomplish all work. Minimum of one supervisor/manager is to be on site during operational hours. Contractor personnel shall be able to speak, read, write and understand the English language including unique technical terminology required for the performance of these duties and functions. English shall be used for all correspondence, conversations, and logs required by this PWS. Contractor personnel shall obtain and maintain in good standing all certifications, inspections, and licenses necessary or appropriate to perform all work contained in this PWS. All Contractor employees performing work under this PWS shall be citizens of the United States or have a valid U.S. work permit.

8.2. Standards of Conduct.

In accordance with DOD Directive 5500.7-R, “Joint Ethics Regulation”, Contractor employees must avoid being improperly influenced in the execution of their duties under the contract. Particular attention will be paid to acceptance of gifts/gratuities, and on non-disclosure of sensitive information. The Contractor shall ensure employee conduct complies with 41 U.S.C 423 relative to release of acquisition related information or actions or discussions which may prejudice future competitions.

8.3. The Contractor is responsible for ensuring that any Contractor employees providing services under this contract conduct themselves, and perform services, in a professional, safe, and responsible manner.

8.4. The Contractor shall comply with all Department of Defense (DOD) and local requirements that establish uniform policies governing smoking in and around Government-owned buildings and vehicles.

8.5. Government rules, regulations, laws, directives, and requirements which are issued during the contract term relating to law and order, Installation administration, and security on the Installation shall be applicable to all Contractor employees or representatives who enter the Installation. Violation of such rules, regulations, laws, directives, or requirements shall be grounds for removal (permanently or temporarily as the Government determines) from the work site. Removal of employees does not relieve the Contractor from the responsibility for the work defined in this PWS.

1. Removal by Garrison Commander. The Garrison Commander may, at his/her discretion, bar an individual from the Installation under the authority of 18 USC 1382 (1972), AR 210-10 (Administration), and the National Industrial Security Program Operating Manual (NISPOM) for conduct determined contrary to good order, discipline, or Installation security.

1. Removal by Installation Police. Contractor employees may be denied entry to the Installation by Fort Devens Police if it is determined that such entry may be contrary to good order, discipline, or the security of the Installation. Fort Devens Police may remove any Contractor employee from the Installation for reason of misconduct or security.

8.6. Uniforms. Acceptable dress standards for the work assigned. Employees shall wear a clean, complete and serviceable uniform, to include shirt, pants, non-slip shoes and name tags reflecting the name of the employee, as well as the name of the Contractor’s company, when working.

8.7. Answering Government Telephones. Contractor personnel are not authorized to answer incoming government telephone calls at any government facility located on Fort Devens.

8.8. Conflicts of Interest. The Contractor shall not hire for this contract, any person whose employment would result in an appearance of a conflict of interest as defined in 5 CFR 2635.502. The Contractor shall notify the KO in writing, five (5) calendar days prior to employing any active civilian Government or military personnel.

8.9. Fraud, Waste and Abuse. Contractor personnel shall be alert to suspected situations of fraud, waste, and abuse against the Government that are observed during the performance of this PWS. The Contractor shall take corrective action within his area and immediately report these situations to the KO or COR.

8.10. Qualifications. Work performed under this PWS shall encompass a broad range of light to moderate physical demands, depending on the service that is being provided. Functions performed in this PWS require long periods of standing, walking, and bending. Some job functions will require employees to lift and carry 50 pounds or more of equipment in the performance of their duties.

8.11. Employee Roster. Three (3) days prior to the contract start date, the Contractor shall provide a roster of Contractor personnel and if applicable sub-Contractor personnel employed under this contract, to the KO and COR. This roster shall show Primary and Alternate Supervisory personnel as well as employee names, position titles, telephone or pager numbers and company name along with this contract number. Subsequent changes to these rosters shall be forwarded to the COR by the 1st calendar day of the month.

8.12. Provider Issued Vehicle Identification. Contractor -owned vehicles used in the performance of services under this contract and on this Installation shall be legibly and conspicuously marked with the Contractor’s name, address and telephone number. Markings shall be placed on both sides of the vehicle.

8.13. Government Quality Assurance Surveillance. Government inspections will occur either during the Contractor’s operations or upon completion of the tasks. The Government will evaluate the effectiveness of the Contractor’s performance at its discretion. The Government reserves the right to choose the inspection methodology without notice to the Contractor.

8.13.a Government’s Quality Assurance Surveillance Plan (QASP). The Government will conduct routine evaluations/inspections without advance notification to the Contractor. The Government will monitor the Contractor’s performance using the QASP. Government personnel will record all surveillance observations. When an observation indicates substandard performance (i.e. yellow or red ratings), the Government POC must annotate their findings on the QASP form and must immediately acquire the Contractor’s initials, or their representative at the site, on the completed QASP. The initialing does not necessarily constitute concurrence with the observation, only acknowledgement that the Contractor or their representative has been made aware of the substandard performance. Any action taken by the KO as a result of surveillance will be in accordance with the terms of the contract.

8.14. Security Reporting Requirements. Contractor personnel shall report to an appropriate authority any information or circumstances of which they are aware may pose a threat to the security of DOD personnel, Contractor personnel, resources, and classified or unclassified defense information.

8.15. Safety. The Contractor shall perform all operations IAW the accepted Contractor s Safety Plan, Occupational Safety and Health Act (OSHA) and all applicable Federal, State and Local requirements. The Contractor shall fully comply with the provisions of Army and DOD safety regulations, to include, AR 385-10, Army Safety Program; AR 385-40, Accident Reporting and Records; AR 40-5, Preventive Medicine; Title 29 CFR 1910, 1926, and 1960 Occupational Safety and Health Administration (OSHA) regulation; and applicable federal, state and local requirements will apply. In cases where requirements conflict, the stricter requirement shall apply. Contractor shall provide Safety Plan to the KO and COR within five (5) calendar days after start date.

8.16. Safety Compliance. The Contractor is solely responsible for compliance with the Occupational Safety and Health Act (OSHA) (Public Law 91-596) and the resulting standards, OSHA Standard 29 CFR 1910, 1926, and the protection of their employees. It is the Contractor’s sole responsibility to make certain that all safety requirements are met. The Government’s interest is to protect Government personnel working in or around Contractor operations, and with protection of Government equipment/property.

8.17. Accident / Mishap Reporting. The Contractor shall report to the COR without delay by telephone or other media, any accident involving work-related injury, illness, or disease, motor vehicle accidents or non-vehicle property damage accidents. The Contractor shall comply with AR 385-10/DA PAM 385-40, OSHA 29 CFR part 1904-1904.12, Regulation 385-10, and other regulatory agency requirements for record keeping and reporting of all accidents in the course of Contractor work, which result in death, trauma, occupational disease, property damage, or environmental damage. The Contractor shall process reports of Contractor employee injuries IAW AR 190-45, Chapter 8, AR 385-10. The Contracting Officer will advise the Contractor if additional information or reports are required for each occurrence. In addition, the Contractor shall report to the KO damage to Government property regardless of the dollar amount.

8.18. Safety Inspections. The Government reserves the right to conduct announced or unannounced safety inspections at any time on equipment and facilities used in support of the contract. The Contractor shall cooperate with Government officials in the conduct of all investigations. If an Army inspector observes a potential OSHA violation, he/she will report the violation to the KO who will then notify the Contractor. In the event an unsafe condition is discovered by the Contractor with Government-provided facilities or equipment, KO or COR will be notified immediately. Army Safety, Fire Protection, and Bioenvironmental Engineering officials may periodically enter a Contractor’s workplace to verify working conditions of personnel, provided the KO authorizes such action. If an improper procedure or unsafe condition exists, which places personnel or equipment in jeopardy, the KO will notify the Contractor and request immediate corrective action. Department of Labor OSHA inspectors are authorized right of entry to inspect any place of employment operated by a Contractor. They are, for the most part, "NO NOTICE" inspections. NOTE: Notify the KO Representative if an OSHA inspector visits the site unescorted.

8.19. CONTRACTING MANPOWER. The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor will report all contractor manpower (including subcontractor manpower) required for performance of this contract. The Contractor is required to completely fill in all the information in the format using the following web address https://cmra.army.mil . The required information includes: (1) Contracting Office, KOs, Contracting Officer’s Technical Representative; (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data; (5) Estimated direct labor hours (including subcontractors); (6) Estimated direct labor dollars paid this reporting period (including subcontractors); (7) Total payments (including subcontractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each subcontractor if different); (9) Estimated data collection costs; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information); (11) Locations where contractor and subcontractors perform work (specified by zip code in the United States and nearest city, country, when in an overseas location, using the standardized nomenclature provided on the website); (12) Presence of deployment or contingency contract language; and (13) Number of contractor and subcontractor employees deployed in theater this reporting period (per country. As part of this submission, the Contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the field on the website. The XML direct transfer is a format for transferring filed from a contractor’s systems to the secure website without the need for separate data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the website.

* Note: Information from the secure website is considered to be proprietary in nature when the contract number and Contractor identity are associated with direct labor hours and direct labor dollars. AT no time will any data be released to the public with the Contractor name and contract number associated with the data. Failure to input data in the system could result in any options not being exercised at the discretion of the KO/COR.

SECTION 9

INSTALLATION ACCESS AND CONTROL

9.1. Restrictions. The Contractor shall not employ any person who is determined by the Installation Commander to be a potential threat to the health, safety, security, general well-being or operational mission of the Installation or its population, to include personnel who are, or become, barred or restricted from the Installation. The Government reserves the right to require removal of any Contractor personnel from the job site who endanger persons or property, or whose continued employment is inconsistent with the interest of military security. The Government also reserves the right to require the Contractor to remove from the job site, any employee found to be under the influence of alcohol, drugs or any other incapacitating agent or any employee involved in the theft of Government property. The removal from the job site of such personnel shall not relieve the Contractor of the requirement to provide personnel to perform services.

9.2. Installation / Gate Closure. Unscheduled gate closures may occur at any time and personnel entering or exiting the Installation may experience a delay. Privately owned vehicles are subject to search upon entry, exit, and at any time while on the Installation. Refusal to comply with a request to search a vehicle could result in access to the Installation being denied. Delays in entering or leaving the Installation due to gate closures or vehicle searches shall not be compensated for in any form by the Government.

9.3. Property Search. Vehicles and personnel are subject to search and seizure of contraband or unauthorized Government property. Contractor vehicles (Contractor -owned and personal), Contractor employees and their personal property shall be subject to searches upon entering or leaving the Installation. The search and seizure provisions of AR 190-22 shall apply to Contractor personnel entering or leaving Fort Devens or activities/installations in AR 5-9 area of responsibility, which require access by Contractor personnel in performance of this contract.

9.4. Controlled Substances. Contractor personnel shall not perform PWS work while in possession of, or while under the influence of, alcohol or any controlled substance.

9.5. Weapons. Contractor personnel shall not transport, possess, nor use privately- owned dangerous weapons on the Installation, including all forms of firearms, bow and arrow, switchblade or automatic blade knives, knives with blades in excess of three inches, ammunition and pyrotechnics, fireworks, bludgeons, brass knuckles, shooting pens or similar devices. State permits for weapons or concealed weapons are invalid on the Installation.

9.6. Identification of Contractor’s Employees-RAPID-Gate Program. Each Contractor employee who requires access to Fort Devens to perform work under contract at any tier, must obtain a RAPID-Gate identification badge to obtain access to Fort Devens. A RAPID-Gate identification badge will only be issued to a Contractor employee, at any tier, if the Contractor employee requires access to Fort Devens more than twice per week or when the contract spans more than thirty (30) days. Contractor employees, at any tier, who require access to Fort Devens twice per week or less often, a visitor’s pass shall be issued to Contractor employees if the Contractor participates in the RAPID-Gate program, the RAPID-Gate program is a mandatory program. The Contractor shall provide information as required to the RAPID-Gate Contractor (RPC) to enable the RPC in order to conduct a criminal history background check (CHBC) on Contractor employees who are to have access to Fort Devens. The Contractor is responsible for paying the RPC fee per employee for conducting the CHBC and issuing the RAPID-Gate identification card. If the CHBC is adverse, the RPC is prohibited from issuing a RAPID-Gate identification card to the Contractor employee. If a RAPID-Gate identification card is denied for any reason, the Contractor employee may only enter the Fort Devens installation by obtaining a visitor’s pass; however, if the Contractor employee does not meet the criteria for being issued a RAPID-Gate identification card, the Government may, in its sole discretion, decide not to issue a visitor’s pass to the Contractor employee. If an employee no longer needs an identification card for any reason, the Contractor shall return the identification card to the Fort Devens Department of the Army Police Station within two (2) calendar days of such change. The Contractor will also (within two (2) calendar days) notify the COR. If the identification card cannot be returned within the required time frame for any reason, the Contractor shall immediately notify the COR, the RPC and the Fort Devens Department of the Army Police verbally, followed up in writing the next calendar day. Electronic mail notification is authorized. A Contractor employee’s inability to obtain entrance to the Fort Devens installation because he/she does not have the required identification card or visitor’s pass shall not excuse timely performance of the requirements of this contract. Identification cards are currently issued at the Fort Devens Department of the Army Police Station. The Government may change the location at which identification cards are issued or returned, with or without advance notice to the Contractor. Any such changes shall not be a basis for adjusting the contract price under the clause of this contract. RAPID-Gate identification RAPID-Gate identification cards shall not be reproduced or copied by the Contractor, its subcontractors, or their employees. If a Contractor ’s employee identification card is lost, stolen, or reproduced, the Contractor shall verbally report loss, theft, or reproduction to the COR, RPC and the Fort Devens Department of the Army Police on the day such loss, theft, or reproduction is discovered, followed by a written report of the circumstances to the COR, RPC and the Fort Devens Department of the Army Police within one (1) calendar day after the loss, theft, or reproduction is discovered. Each Contractor employee shall wear the RAD-Gate identification card while performing work under the contract. The identification card shall be worn on the upper front of the outer garment unless precluded by OSHA regulation(s). The identification card shall not be used for access to any Government installation except for the performance of work under the contract for which it was issued. The Contractor shall, upon expiration or termination of the contract, collect all identification cards and turn them in to the COR.

SECTION 10

GOVERNMENT FURNISHED PROPERTY (GFP) AND SERVICES

10.1 Overview

10.1.1 All work will be performed at Government Owned Government Operated (GOGO) facilities under the control of the 406th AFSB Devens LRC and directed by the COR or the Facility Supervisor.

The Primary COR, and the KO, are the only Government representatives that will contact the corporate entity’s Catered Service manager.

The Government will assign, in writing, (1) Primary COR. The COR will assign, in writing, Contractor Officer Technical Reviewer at each location that is receiving support from this PWS. The Facility Supervisor and COR will oversee, support and manage the contract’s PWS and Quality Assurance Surveillance Plan (QASP). The COR will justify and explain in writing, any violations of the PWS and QASP of the contract to the corporate entities Program manager.

The 406th AFSB, LRC Devens will provide certification and training of specialized equipment, as required, not otherwise mentioned in this PWS. New equipment training and LRC Devens, Director of Logistics (DOL) directed training will be provided by the LRC Devens.

The COR will evaluate the Contractor's performance under this PWS and current contract guidelines.

All work is subject to review by the COR. The Government will conduct inspections and observe task requirements in accordance with (IAW) the QASP. If problems arise, the Contract On-Site Leader (COSL) shall work with the Facility Supervisor to resolve the issue or if necessary, refer matters to the COR.

The contractor is responsible for satisfactory performance under the contract and individual contractor employees.

10.2 Property Management.

10.2.1 The Contractor shall have a system of internal controls to manage (control, use, preserve, protect, repair and maintain) Government property in its possession. The system shall be adequate to satisfy the requirements of this contract. In doing so, the Contractor shall initiate and maintain the processes, systems, procedures, records, and methodologies necessary for effective and efficient control of Government property. The Contractor shall disclose any significant changes to its property management system to the Property Administrator prior to implementation of the changes. The Contractor may employ customary commercial practices, voluntary consensus standards, or industry leading practices and standards that provide effective and efficient Government property management that are necessary and appropriate for the performance of this contract (except where inconsistent with law or regulation).

10.2.2. The Contractor's responsibility extends from the initial acquisition and receipt of property, through stewardship, custody, and use until formally relieved of responsibility by authorized means, including delivery, consumption, expending, sale (as surplus property), or other disposition, or via a completed investigation, evaluation, and final determination for lost property. This requirement applies to all Government property under the Contractor's accountability, stewardship, possession or control.

10.2.3 The Contractor shall include the requirements of clause FAR 52.245-1, in all subcontracts under which Government property is acquired or furnished for subcontract performance.

10.2.4. The Contractor shall establish and maintain procedures necessary to assess its property management system effectiveness and shall perform periodic internal reviews, surveillances, self-assessments, or audits. Significant findings or results of such reviews and audits pertaining to Government property shall be made available to the Property Administrator.

10.3 Use of Government property.

10.3.1 The Contractor shall use Government property, either furnished or acquired under this contract, only for performing this contract, unless otherwise provided for in this contract or approved by the KO.

10.3.2 Modifications or alterations of Government property are prohibited, unless they are:

(i) Reasonable and necessary due to the scope of work under this contract or its terms and conditions;

(ii) Required for normal maintenance; or

(iii) Otherwise authorized by the KO.

10.3.3. The Contractor shall not cannibalize Government property unless otherwise provided for in this contract or approved by the KO.

10.4 Government-furnished property.

10.4.1. The Government shall deliver to the Contractor the Government- furnished property described in this contract. The Government shall furnish related data and information needed for the intended use of the property. The warranties of suitability of use and timely delivery of Government- furnished property only apply to this contract with this Contractor.

10.4.2 The delivery and/or performance dates specified in this contract are based upon the expectation that the Government- furnished property will be suitable for contract performance and will be delivered to the Contractor by the dates stated in the contract.

(i) If the property is not delivered to the Contractor by the dates stated in the contract, the KO shall, upon the Contractor's timely written request, consider an equitable adjustment to the contract.

(ii) In the event property is received by the Contractor, or for Government- furnished property after receipt and installation, in a condition not suitable for its intended use, the KO shall, upon the Contractor's timely written request, advice the Contractor on a course of action to remedy the problem. Such action may include repairing, replacing, modifying, returning, or otherwise disposing of the property at the Government's expense. Upon completion of the required action(s), the KO shall consider an equitable adjustment to the contract.

(iii) The Government may, at its option, furnish property in an “as-is” condition. The Contractor will be given the opportunity to inspect such property prior to the property being provided. In such cases, the Government makes no warranty with respect to the serviceability and/or suitability of the property for contract performance.

10.4.3 The KO may by written notice, at any time.

(i) Increase or decrease the amount of Government- furnished property under this contract;

(ii) Substitute other Government- furnished property for the property previously furnished, to be furnished, or to be acquired by the Contractor for the Government under this contract; or

(iii) Withdraw authority to use property.

10.5 Title to Government property.

10.5.1 All Government- furnished property, title to which vests in the Government, is subject to the provisions of clause FAR 52.245-1. The Government shall retain title to all Government- furnished property. Title to Government property shall not be affected by its incorporation into or attachment to any property not owned by the Government, nor shall Government property become a fixture or lose its identity as personal property by being attached to any real property.

10.6 Contractor plans and systems.

10.6.1 Contractors shall establish and implement property management plans, systems, and procedures at the contract, program, and site or entity level to enable the following outcomes:

(i) Receipt of Government Property. The Contractor shall receive Government property and document the receipt, record the information necessary to meet the record requirements of paragraph A 9.8.1 (1)(ii)(A)(1) through (5) of this clause, identify as Government owned in a manner…