Final_Amendment_0001.pdf

W40M USA HLTH CONTRACTING ACT

SOUTHERN REG CONTR OFC

POC: ROBYN A. VILLAFRANCO

3551 ROGER BROOK DR BLDG 3600

FORT SAM HOUSTON TX 78234-6200

0010845753

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

The purpose for this Amendment (0001) is to incorporate Questions & Answ ers related to the solicitation.

In addition, there w ere some PWS changes, quantity changes, and verbiage changes related to Addendums 1 & 2. Please see the Summary of Changes for details.

All Amendments must be acknow ledged w ith your proposals as referenced in the Addendum to 52.212-1.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 42

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 05-Aug-2016

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W81K00-16-R-0018

X 9B. DATED (SEE ITEM 11)

27-Jul-2016

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

05-Aug-2016

CODE

W40M USA HLTH CONTRACTING ACT

SOUTHERN REG CONTR OFC

3551 ROGER BROOK DR BLDG 3600

FORT SAM HOUSTON TX 78234-6200

W81K00 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE W81K00

FACILITY CODECODE

EMAIL:TEL:

W81K00-16-R-0018

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SUPPLIES OR SERVICES AND PRICES

CLIN 3003

The pricing detail quantity has increased by 103,626.00 from 54.00 to 103,680.00.

DELIVERIES AND PERFORMANCE

The following Delivery Schedule item for CLIN 3003 has been changed from:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

POP 01-OCT-2019 TO

30-SEP-2020

N/A W2DN BROOKE ARMY MED CTR

PLACE OF PERFORMANCE

PROPERTY BOOK 01

3551 ROGER BROOKE DRIVE BLDG 3600

FORT SAM HOUSTON TX 78234-6200

FOB: Destination

W81NTE

To:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

POP 01-OCT-2019 TO

30-SEP-2020

N/A W2DN BROOKE ARMY MED CTR

PLACE OF PERFORMANCE

PROPERTY BOOK 01

3551 ROGER BROOKE DRIVE BLDG 3600

FORT SAM HOUSTON TX 78234-6200

FOB: Destination

W81NTE

The following have been added by full text:

QUESTIONS & ANSWERS

Q1. Does the Military value and/or recognize this teaming agreement and provide credit for the past performance of the Sub-Contractor to meet the requirements?

A1. There is no preference given to teaming arrangements on this solicitation therefore the past performance provided to the Government shall be for the Prime contractor.

Q2. Will a mandatory site visit be required? If so, what is the date and time? If not, will the potential bidding firm be allowed to on premise to conduct a site visit?

A2. No. Reference Presolicitation Notice W81K00-16-R-0018 posted to FedBizOpps (FBO website) on 20 July

2016, there will not be a site visit scheduled for this solicitation. The requirement is for support staff, not a turn-key food service operation. Patrons that visit the hospital are not restricted from visiting any of the dining facilities, however, potential offerors that perform site visits of their own accord are not permitted to make inquiries about the facility operations to any of the staff workers as all inquiries concerning this solicitation shall be directed to the

Contracting Officer.

Q3. We are requesting a site visit for this facility. We have read the solicitation but need to see the facility to understand the size and scope of the operation.

A3. There will not be a site visit scheduled for this facility. This solicitation is for support staff.

Q4. Addendum to 52.212-1 of the RFP calls for a past performance volume but does not provide information on what is required to be submitted in this volume. Is a past performance volume required as part of the proposal submission, and if so what information is to be included in the volume?

A4. Yes, the Past Performance volume is required. Addendum to 52.212-1 and Addendum to 52.212-2 of the RFP have been modified to clarify the Past Performance Factor.

Q5. Is there a union at the site? If so, please provide the name of the union.

A5. Contracted employees are currently not performing work subject to a union collective bargaining agreement

(CBA).

Q6. If there is no union at the site, please confirm that we are to use the Wage Determination provided in the RFP.

A6. Wage Determination 15-2521 (Rev -3) is applicable to this solicitation.

Q7. Can we install a timeclock? Does this become the government’s property or remain as the contractor’s?

A7. If the installation requires more than an electrical outlet for power, then a time clock may not be installed. The timeclock remains contractor property.

Q8. Do we have access to internet/wifi?

A8. Government supplied computers will have limited internet access. Contractors can utilize BAMC’s public access wifi which can be obtained from the hospital information desk.

Q9. Is the Food Service Supervisor an equivalent position to a Project Manager?

A9. All references to Project Manager have been changed to Food Service Supervisor.

Q10. Throughout the PWS, there are references to a “Project Manager”. Please confirm that the contractor is to staff a Project Manager in addition to a Food Service Supervisor.

A10. There is no requirement to staff Project Manager in addition to a Food Service Supervisor.

Q11. Does the Executive Order 13658 that established a minimum wage supersede the Wage Determinations for positions on this effort as listed?

A11. Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Service Contract Act for which the solicitation was issued on or after January 1, 2015.

Q12. Are there preferred files types for submission?

A12. Submittals shall be sent via email as PDF, Microsoft Word, or Microsoft Excel.

Q13. What are the Past Performance requirements to reach an acceptable rating?

A13. Please reference Addendum to 52.212-2 under Factor 3: Past Performance and the Performance Rating

Description.

Q14. Is there a maximum recency for Past Performance (ie. 3 years)?

A14. Past performance shall be recent which is defined as 3 years old or less. Addendums 52.212-1 & 52.212-2 have been updated to reflect this.

Q15. Is there a FTE threshold for relevancy that includes magnitude and scope of work performed?

A15. Schedule B identifies the maximum thresholds based on the scope of work.

Q16. Please clarify where the government would like to see Representations and Certifications included with the proposal.

A16. The Offeror Representations and Certifications or Affirmation of Representation and Certifications shall be placed after the title page and before the technical factors in Volume 1.

Q17. Can references submit a form in Word format which is easier to fill out?

A17. The Past Performance format is not mandated and neither is the use of the template.

Q18. PWS section 1.5(f) states that the ‘Government will award a firm fixed contract’, however, section 1.18(e)(i) states that the ‘Contractor will be paid only for hours worked versus the hours listed in the schedule of Services’, which is indicative of a Labor Hour contract type rather than a firm fixed price contract. Please clarify the contract type.

A18. The resultant contract will be Firm-Fixed Price (FFP) at the fixed rates established on award, however, since the quantities are estimated, only the hours worked will be invoiced and paid.

Q19. Contract Line Item Number (CLIN) 3003 shows a quantity of 54 hours, rather than 103,680 hours. Will the

Government allow offerors to correct this apparent oversight?

A19. CLIN 3003 quantity has been corrected to reflect 103,680 hours.

Q20. PWS Part 4 states that the ‘Contractor shall furnish all uniforms, supplies, equiFood Services

Supervisorent…’. Given that there are no CLINs provided to propose non-labor costs, the Government is imposing risk on the contractor to account for non-labor costs under CLINs that are populated with hours described in Section

1.18 (e)(i) as ‘estimated quantities’ that can be invoiced only for ‘actual hours worked’. To lessen the risk associated with this approach, would the Government consider the addition of CLINs to separately price the non-labor costs?

A20. The Government will not allow additional CLINS for separately priced non-labor costs. The solicitation is for supplemental workforce which refers to Schedule B CLINS. Any other non-direct costs related to performance hours shall be identified in the contractor proposed compensation plans submitted for each labor category as referenced in Subfactor 4: Compensation Plan.

Q21. Both Expediters and Food Service Workers have CLINS for Leads. However, there are no Leads for

Cashiers. Is this an oversight or is it the government expectations that Food Service Worker Leads expected to serve as Cashier Leads?

A21. It is the expectation that all cashiers also function as FSWs especially in the smaller kiosk areas as referenced in PWS Paragraph 5.7.e.xvii. For this reason, the FSW Leads should be able to oversee all the contracted staff. A federal employee is staffed to handle all cash specific issues, thus there is no requirement for a cashier lead.

Q22. Is there an incumbent contractor, if so who, and what is the value of the current contract?

A22. Dilligas Corp dba/US Got People

W81K00-13-C-0041 Value $2,399,040.00 W81K00-15-C-0008 Value $1,583,758.56

GTW Consultants & Associates

W81K00-12-C-0004 Value $7,406,265.13 W81K00-15-P-0362 Value $1,087,169.28

Q23. In reviewing the DOL Wage Determination we are unable to find the following position listings. Food

Service Worker Lead, Expediter Lead, and Expediter. Please provide the corresponding position in the Wage

Determination as it relates to these positions.

A23. Please refer to FAR 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL

HIRES (MAY 2014) in the solicitation. These classes are provided for information only and are not

Wage Determinations. The applicable Wage Determination is found on pages 115-123 of the solicitation.

Q24. We are asking for confirmation that Executive Order 13658 applies to this effort and the current minimum wage is $10.15 per hour.

A24. Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Service Contract Act for which the solicitation was issued on or after January 1, 2015.

Q25. Are the current employees entitled to the "Right of First Refusal" under the new contract?

A25. Please refer to Far Clause 52.222-17 NONDISPLACEMENT OF QUALIFIED WORKERS (MAY 2014) in the RFP.

Q26. Please confirm that Brooks Army Medical Center (BAMC) and the San Antonio Military Medical Center

(SAMMC) are the same entity.

A26. Yes, they are the same entity and the terms are frequently used interchangeably.

Q27. Where can we find additional information about EquiFood Services Supervisorent?

A27. The PWS terminology has been revised. Please see the updated PWS.

Q28. Are we to provide the software listed or just the computer and support equipment and supplies to support this software?

A28. The PWS terminology has been revised. Please see the updated PWS.

Q29. If an 8(a) company is teaming with another non-8(a) company do you need Past Performance and

Representation and Certifications on both entities?

A29. No. The Government will award to the Prime who is responsible for successful performance. Past

Performance and Representation & Certifications are required from the Prime only.

Q30. Because we are filing our response electronically are we to send as 1 file or as 3 files?

A30. Multiple files can be sent with multiple emails (if necessary) and should be sent via email as the government server limits attachment size to 5MB.

Q31. On Page 63, 1.18.1(a) you refer to the Project Manager. Can we assume this position is the same as the Food

Service Supervisor?

A31. No. All instances of Project Manager have been revised to Food Service Supervisor.

Q32. Page 85, Administrative - If all proposals are to be submitted electronically how are we to submit signed

Original SF 1449 and SF 30's so they are the original?

A32. Sign and scan the original copies so they can be emailed.

Q33. We understand the DOL scheduled to adjust the Health & Welfare rate shortly. If this occurs prior to the closing date will the Government extend the due date to allow for adjustments to our proposal?

A33. No. The proposal due date will not be extended for this reason. If this should happen, the contract will be awarded using the Health & Welfare rate included in the RFP. After award, the contractor may request an equitable adjustment for the difference in health & welfare rates in accordance with Health and Welfare guidelines.

Q34. What is the weekday/weekend head counts for the following:

a. Café Express.

b. The Dining Room

c. Chefs Signature Soups, Sandwiches, and Salads.

d. The Ruck Sack.

e. Fast Fuel.

A34. The weekday/weekend headcounts are as follows:

a. Café Express. Breakfast -489, Lunch - 737

b. The Dining Room. Breakfast – weekend: 257, weekday: 855; Lunch – weekend: 485, weekday: 1500; Dinner

– weekend: 228, weekday: 314

c. Chefs Signature Soups, Sandwiches, and Salads. Daily transactions: 868

d. The Ruck Sack. Breakfast – weekend: 527, weekday: 1000; Lunch – weekend: 319, weekday: 358; Dinner – weekend: 519, weekday: 995

e. Fast Fuel. Daily transactions: 716

Q35. What are the hours of operations for the following:

b. Market of the Green.

c. The Dining Room

d. Chefs Signature Soups, Sandwiches, and Salads.

e. The Ruck Sack.

f. Fast Fuel.

A35. The hours of operation are identified below:

a. Café Express. (Open Mon-Fri) Breakfast: 0600-0900; Lunch: 1100-1400

b. Market of the Green. This temporary facility is no longer open and will not be used on this contract.

c. The Dining Room. (Open 7 days/week) Breakfast: 0600-0930; Lunch: 1100-1400; Dinner: 1600- 1800

d. Chefs Signature Soups, Sandwiches, and Salads. (Open Mon-Fri) 0630-1500

e. The Ruck Sack. (Open 7 days/week) Grab and Go open 24hrs/day; Grill open 7 days/wk at the following times: Breakfast: 0630-0930; Lunch: 1100-1330; Dinner: 1800-0230

f. Fast Fuel. (Open Mon-Fri) 0630-1500

Q36. How many serving lines or stations are at each location:

A36. The number of serving lines per location are identified below:

a. Café Express. 4

b. Market of the Green. This temporary facility is no longer open and will not be used on this contract.

c. The Dining Room. 8

d. Chefs Signature Soups, Sandwiches, and Salads. Grab and Go only

e. The Ruck Sack. Grab and Go, Salad Bar, and one Grill line

f. Fast Fuel. Grab and Go only

Q37. How many cashier stations are at each location:

A37. The number of cashier stations per location are identified below:

a. Café Express. 2

b. Market of the Green. This temporary facility is no longer open and will not be used on this contract.

c. The Dining Room. 8 possible (usually between 3-6 running at any given time)

d. Chefs Signature Soups, Sandwiches, and Salads. 2

e. The Ruck Sack. 2

f. Fast Fuel. 2

Q38. What are the operation hours for the Patient Room Services?

A38. Ordering time between 0630-1000, 1100-1500, and 1530-1900; Expediters work 0500-1330 or 1130-2000.

Q39. What kind of supplies are needed? Are we supplying only cleaning supplies?

A39. The government will supply cleaning supplies, chemicals, mops, brooms, etc. Contractor will need to supply their staff with uniforms per PWS Paragraph 4.1.

Q40. Who is supplying paper supplies? (carry-out containers)

A40. The government will supply all paper-goods (paper towels, napkins, take-out containers, plasticware, plastic bags, etc.)

(End Questions 1 – 40)

The following have been modified:

PERFORMANCE WORK STATEMENT

Part 1

GENERAL INFORMATION

1.1. General: This is a non-personal services contract to provide a Food Service Supervisor, Shift Leads, Expediters, Cashiers, and Food Service Workers for the Department of Nutritional Medicine. The Food Service

Supervisor shall serve as the Contract Company Liaison and should be on-site during weekly duty hours. The

Contract Company must be able to provide on-site representation for employee issues and resolutions. The

Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The Contract Company shall be a company that can support monthly on-site visits to the Department of Nutritional Medicine.

1.2. Description of Services/Introduction/ Scope: The Contractor shall provide all personnel, transportation, materials, supervision, and other items and non-personal services necessary to perform the duties, as defined in this Performance Work Statement except for those items specified as government furnished property and services. The Contractor shall perform to the standards in this contract.

Background: The SAMMC Department of Nutritional Medicine (DNM) provides meal services to all patients, family members, staff, and visitors in the facility. This encompasses three dining areas (Dining Room; Café

Express and the Ruck Sack) and two grab-and-go areas (Chefs Signature Soups, Salads and Sandwiches; and

Fast Fuel). DNM Patient Room Service provides meal services to all patients admitted to the facility as well as nourishments to outpatient clinics.

1.3. Objectives:

a. Provide support services to satisfy the overall operational objectives of SAMMC DNM, including cashier support and customer service.

b. Provide services and deliverables through the performance of food service support activities.

c. Provide contractor services and deliverables through the performance of meal delivery, food service support activities, and cleaning and sanitation.

1.4. Period of Performance: The base period of performance is 1 October 2016-30 September 2017, with four (4) one-year option periods (1 October 2017-30 September 2018; 1 October 2018-30 September 2019; 1 October

2019-30 September 2020; and 1 October 2020-30 September 2021).

1.5. General Information

a. Quality Control (QC): The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this Performance Work Statement and standard safe food preparation practices. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which assurance of work complies with the requirement of the contract. The Quality Control Plan should be submitted to the Contracting Officer for approval NLT ten days after contract award. After acceptance of the quality control plan, the Contractor shall receive the Contracting Officer’s acceptance in writing of any proposed change to the QC plan.

b. Quality Assurance: The government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the

Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable performance standards.

c. Recognized Holidays: The following is a list of legal federal holidays when hospital operation is significantly reduced. Services shall be performed 365 days per year; however, staffing may be reduced during federal holidays.

New Year’s Day Labor Day

Martin Luther King Jr.’s Birthday Columbus Day

President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

d. Hours of Operation:

i. The Contractor is responsible for conducting business as follows for Patient Room Service:

Contractor shall support Patient Room Service meal tray delivery during meal services.

Contractor shall work rotating shifts, provide Contract employees and Working Lead per each early and late shift, 365 days per year. Early shift is defined as 5:00AM to 1:30 FOOD

SERVICE SUPERVISOR (0500 – 1330). Late shift is defined as 11:30AM – 8:00 FOOD

SERVICE SUPERVISOR (1130 – 2000). A full, complete shift is defined as 8 hours of performance with a 30-minute non-billable meal break. Meal breaks shall be rotated and shall not interfere with meal services during peak hours of the operation. Work hours or days may be modified due to local or national emergencies or Government directed facility closings.

ii. The Contractor is responsible for conducting business as follows for Culinary and Hospitality

Branch: The Contractor shall be responsible for conducting business to support Culinary and

Hospitality Branch during meal services. Food Service Workers & Cashiers shall work rotating shifts as indicated on the proposed schedule, 365 days per year. Early shift is defined as 5:00AM to 1:30 FOOD SERVICE SUPERVISOR (0500 – 1330). Modified early shift is defined as 6:30AM – 3:00FOOD SERVICE SUPERVISOR (0630 – 1500) or 7:00AM – 3:30

FOOD SERVICE SUPERVISOR (0700 – 1530). Late shift is defined as 11:30AM – 8:00

FOOD SERVICE SUPERVISOR (1030 – 2000). Overnight shift is defined as 5:00 FOOD

SERVICE SUPERVISOR – 01:30AM (1700-0130), 6:00 FOOD SERVICE SUPERVISOR-

02:30AM (1800-0230), and 08:30 FOOD SERVICE SUPERVISOR-05:00AM (2030-0500).

A full, complete shift is defined as 8 hours of performance with a 30-minute non-billable meal break. Meal breaks shall be rotated and shall not interfere with meal services during peak hours of the operation. Work hours or days may be modified due to local or national emergencies or Government directed facility closings.

iii. This contract will be a firm fixed price. The Contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor shall, at all times, maintain an adequate workforce for the uninterrupted performance of all tasks defined within this Performance Work Statement when the Government facility is not closed for the above reasons. Part-time workers are acceptable to fill peak demand hours, to cover shifts for absent employees, or other situations that may require flexible schedules. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

iv. Overtime. Overtime shall not be authorized for this contract.

v. Scheduled Absences. Scheduled absences such as vacations or personal time off shall be scheduled at least 30 calendar days in advance and mutually agreed upon by the COR or designated Government Representative, the Department Chief or designated Government

Representative, Contract employee, and the Contract Company.

vi. Unscheduled Absences shall be called into the COR or designated Government representative by the Contract employee or representative for Contract Company within one hour of the scheduled reported time. The Contractor is responsible for obtaining a replacement for the absent Contract employee within 2 hours if a Contract employee calls out.

vii. Emergency Essential Positions. All employees on this Contract are considered Emergency

Essential Positions.

e. Place of Performance: The work to be performed under this contract will be performed at:

San Antonio Military Medical Center (SAMMC)

3551 Roger Brooke Drive, Building 3600

Fort Sam Houston, TX 78234-6200

f. Type of Contract: The government will award a firm fixed contract.

1.6. Security Requirements: Contractor personnel performing work under this contract must have a minimum of a clear background investigation prior to commencement of work under this contract, and must maintain the level of security required for the life of the contract. As a minimum, the Contractor providing service requiring operating government-furnished workstations that have access to Department of Defense e-mail and requiring unescorted entry to a restricted area/Controlled Areas, must successfully complete a National Agency Check

(NAC). Any employees that cannot successfully receive a clearance of criminal background check will not be allowed to continue term of employment.

a. Work under this contract is UNCLASSIFIED. The Contractor shall comply with all applicable DoD security regulations and procedures during the performance of this contract. The Contractor shall not disclose and must safeguard procurement sensitive information, computer systems and data, Privacy

Act data, and Government personnel work products obtained or generated in the performance of this contract. Contractor employees will be issued by the Government a DBIDS (Defense Biometric

Identification System) installation access card which is required for entrance to the installation. The

Contractor shall be responsible for the control and safe keeping of all Government issued IDs and ensure all badges are returned to the COR upon termination of an employee or the contract end date.

The Contractor shall ensure all Contractor employees are aware that in the event of a lost or stolen

Government ID, they are to immediately inform the Contractor Representative or Alternate Contractor

Representative. The Contractor shall ensure that the COR is notified the same day the employee reports an ID lost or stolen. The Government shall conduct criminal background checks on all

Contractor employees in accordance with the procedures set forth in Public Law 100-235, DoD

Directive 5200.28, DoD Directive 5200.2-R, DoDI 1402.5. The Contractor is responsible for ensuring all Contract employees complete the SF86, Authorization for Release of Information form and ensure all background check submittals are initiated in accordance with this PWS prior to employees providing services at SAMMC facilities. Background checks shall be based on fingerprints of individuals obtained by qualified Government law enforcement or security personnel, inquiry’s conducted through the Federal Bureau of Investigation (FBI) and the State Criminal History

Repository check, and a local Installation Record Check., if required. The procedures for completing the required background check are outlined in the Department of Defense Instruction (DoDI) 1402.5.

1.7. Physical Security: The Contractor shall comply with all Force Protection Conditions (FPCON) procedures, Random Antiterrorism Measures (RAMS) and local search/ identification requirements.

1.8. Key Control. The Keys and Lock Combinations. The contractor shall abide by all current BAMC key control and lock combination procedures The Contractor shall be responsible for any keys issued to the employee. The keys shall not be duplicated. The Contractor shall ensure that its employee’s not allow government-issued keys be used by personnel other than those currently authorized. No unauthorized personnel shall be allowed entry into the locked area. Keys shall not be used to open work areas for personnel other than personnel engaged in performance of their duties, unless authorized by the Government functional area chief. The employee shall use keys issued to them to secure/open areas only as directed by the COR and/or functional area chief. Lost keys and/or locks shall be reported to the issuing party and COR immediately upon recognition of the loss. The COR shall notify the FOOD SERVICES SUPERVISOR of the lost key. The employee shall be responsible for the replacement costs of any lost keys and any associated locks. Reimbursement shall be provided before the

Government replaces lost keys or performs re-keying.

a. Key Control. The contractor shall safeguard all keys issued by the government and insure they are used only by authorized contractor personnel. The contractor shall not duplicate issued keys and shall report lost keys to the contracting officer immediately the contractor will be charged for lost keys, re-keying, and lock replacement as applicable

1.9. Operational Security (OPSEC) Requirement

Investigation Requirements. The Contractor shall ensure all personnel performing under the contract are required to maintain a minimum of a favorably adjudicated National Agency Check with written Inquires (NACI) (equivalent or higher) investigation. The contractor must coordinate with the Contracting Officer Representative (COR) to initiate the Request for Personnel Security Action prior to performance start date. U.S. Citizenship will be verified by presenting original or certified copy of birth certificate, certificate of citizenship/naturalization issued by INS, or born aboard certificate (Form FS-240 or DS-1350) or a valid U.S. Immigration Form 1-151 and Alien Registration

Card ("Green Card") and is completed investigation document(s) to the BAMC Personnel Security Office at the time of in processing for all contract personnel assigned to the contract. In order to maintain the security requirements any derogatory information, to include law enforcement issues, mental health issues, or alcohol/drug related issues must be reported to the COR and to the BAMC Personnel Security Office.

Access and general protection/security policy and procedures: This standard language is for contractor employees with an area of performance within Army controlled installation, facility, or area. Contractor and all associated sub-contractors 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. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor

Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes. For Contracts

That Require Handling or Access to Classified Information. Contractor shall comply with FAR 52.204-2, Security

Requirements. This clause involves access to information classified "Confidential," "Secret," or "Top Secret" and requires contractors to comply with- The Security Agreement (DD Form 441), including the National Industrial

Security Program Operating Manual (DoD 5220.22-M); any revisions to DOD 5220.22-M, notice of which has been furnished to the contractor. A Secret security clearance is required for the contract employee to perform the scope of work. The Contractor shall have a proper Facility Clearance. The Contractor's employee shall report to the workplace with a favorable National Agency Check with Law and Credit/T3/T3R and a Secret or Interim Secret clearance in order to gain access to the workplace. DD254 shall be processed at no added cost to the contract.

1.10. Freedom of Information Act Program (FOIA and Privacy Act). Freedom of Information Act Program (FOIA and Privacy Act). The contractor shall comply with DOD Regulation 5400.7-R, DOD Freedom of Information

Act Program requirements. The Freedom of Information Act sets policy and procedures for the disclosure of records to the public and for marking handling transmitting and safeguarding For Official Use Only materials.

1.11. Reporting Requirements. The contractor shall comply with DoD 5200.2-R, January 1987, Personnel Security

Program and AR 380-67, 9 September 1988, Department of the Army Personnel Security Program Regulation.

Contractor shall report to the BAMC Security Manager any information or circumstances which may pose a threat to DOD or contractor personnel, resources, or DOD information.

1.12. Safeguarding Material. The Contractor shall be responsible for safeguarding all government property provided for Contractor use. The Contractor shall safeguard information of a confidential or sensitive nature.

Neither the Contractor nor any of its contract employees shall disclose or cause to be disseminated any information concerning the operation of the MTF that could result in or increase the likelihood of the possibility of breach of security or interrupt the continuity of operations or which breach the requirements of the Federal

Privacy Act of 1974. However, the Contractor may be required to provide testimony or disposition in cases of due process action.

1.13. Safety. Work is performed in a well-lit ventilated kitchen and servery, on the inpatient wards, and outpatient clinics within the hospital. Contractors are required to wear hair restraints such as hats, hairnets, and beard restraints (as applicable) while in the kitchen. The Government will provide to Contractor employees any required safety items to include any required personal protective equipment(PPE); see paragraph 3.8. The above working conditions have been considered in the evaluation of the job and do not meet the criteria for environmental differential pay. It is expected that all Contractor employees will adhere to and follow all required safety protocols of food service operation at all applicable times. Contractors shall comply with all installation safety regulations. Such regulations include general safety, fire prevention, and waste disposal.

Copies of these regulations are on file in the medical activity safety office or may be obtained through the

Contracting Officer Representative.

1.14. Security Identification Badges. The Contractor shall comply with the local installation and MTF personnel identification and access requirements.

a. Each contract personnel shall wear a visible Security badge ID, provided by the MTF or the Military

Installation, on the front of his/her outer clothing. The badge will show the full name, title and, if required by the Military, "Contractor" identification on the front. The COR will provide the paperwork to request ID badges. The Contractor is responsible for ensuring identification and access documents are up-to-date.

b. The contract personnel shall immediately report any lost or stolen badges to the COR.

c. The contract personnel shall turn in the MTF badge and installation access ID Card to the Security and

Badge Office, COR, or his/her designated representative upon termination of their services under this contract.

d. Government Computer Access Requirements. If this contract requires contractor personnel to have access to government computers, contractor personnel requiring access to government computers shall successfully complete, a National Agency Check (NAC), before obtaining access to the computer.

1.15. Removal of contract employee. Removal of contract employee. The government reserves the right to require immediate temporary or permanent removal of any individual whose actions raise reasonable suspicion that patient care or services may be compromised in any way or that pose a threat of harm to other contractor/government personnel or self. The employee may be required to submit to drug/alcohol testing. The government reserves the right to require temporary or permanent removal of any individual who refuses testing.

Notification of all removals will be made by the Contracting Officer Representative (COR). Removal of any individual does not relieve the contractor of any performance requirement.

1.16. Special Qualifications:

a. Contractor personnel will read, write, and speak English fluently and have basic computer knowledge.

b. Contractor must possess basic knowledge of food safety, customer service etiquettes, and food service in a healthcare environment.

c. The Contractor shall possess knowledge of military protocol when addressing Officers, Non-

Commissioned Officer and Government personnel. Contractor personnel shall be able to effectively interface and communicate with civilian and military personnel at all levels.

d. All Contractor employees under this contract are required to complete Department of Army (DA) on-line

DoD Information Security Awareness Training Course and Health Insurance Portability and Accountability

Act (HIPAA) training within 30 days of contract award and once each year thereafter. Contractors shall provide their certificate of completion to the Information Systems Office/Privacy Officer annually.

i. This requirement is in addition to any other training that may be required of the Contractor.

Contractor training requirements are maintained through the APEQS/DTMS online system.

Contractors may be required to attend special training courses to obtain skill sets necessary to operate within the business environment in which they work or to maintain their skills and/or certifications. Contractors may attend government sponsored training to obtain training to enhance their skill sets.

1.17. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal

Acquisition Regulation Subpart 42.5. The Contracting Officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the

Contractor's performance. At these meetings the Contracting Officer will apprise the Contractor of how the government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.18. 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; specifications; monitor

Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies;

coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

a. The Food Service Supervisor will be designated and the Contractor will notify the COR if the Food Service

Supervisor changes.

b. The Contractor will notify the COR and Contracting Officer in writing of any change in the Contractor's

Food Service Supervisor.

c. The COR will be on site and coordinate with the Food Service Supervisor to insure compliance with the

d. Complaints. Contractor employees shall conduct themselves in a professional manner. If two validated complaints are filed in a six-month period against a Contractor employee, the Contracting Officer will view this as an indication of poor performance.

e. Contractor Fill Rate. Contractor shall maintain a 95% fill rate of all available shifts. Turnover should be kept to a minimum for contract continuity purposes and mission success.

i. The Contractor shall fully staff the requirements of the contract with the number of FTEs as required in the Schedule of Services. Additionally, it is expected that the contractor will have the

FTEs working all hours required as identified in the PWS. Contractor will be paid only for hours worked versus the hours listed in the Schedule of Services which are estimated quantities.

Invoices are to reflect actual hours worked only. This does not constitute a waiver of the

Government's right to terminate the contract for default for failure to perform and the Government is still entitled to pursue all remedies available to it under the default clause (52.212-4).

f. The Contractor shall use their leads and company contract manager to insure compliance with this contract.

g. Contract employee(s) shall regularly use their lead and company contract manager instead of COR or hospital staff for assistance with contract or company related requests for information/clarification.

Management in-turn, if necessary, will coordinate with the COR for assistance.

1.19. Identification & Uniform of Contractor Employees: All contract 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 in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by

Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. Contractor employees will be issued a special identification card issued by SAMMC / FOOD

SERVICES SUPERVISOR Badge and ID Office which will be used to gain access to the building when it is locked after hours, during exercises, or training days.

a. All contract employees shall comply with personal health standards consistent with food preparation operations. All contract employees shall present a neat professional appearance. All uniforms or outer clothing shall be laundered or dry cleaned as appropriate, well-fitting, bright and fresh each workday.

While performing services under this contract, all contract employees shall be easily identified. All contract employees shall comply with Technical Bulletin (TB) MED 530 (Tri-Service Food Code) for personal cleanliness and hygienic practices.

b. All contract employees shall keep their fingernails trimmed, filed, and maintained so the edges and surfaces are cleanable. All contract employees shall not wear fingernail polish, artificial fingernails, or fingernail jewelry when working with exposed food.

c. All cashiers must wear gloves when touching food items and utensils. This includes restocking condiments, utensils, and preparing beverages. Cashiers must wear gloves while operating the cash register.

d. Except for a plain ring such as a wedding band, while preparing or working with food, contract employees shall not wear jewelry on their arms and hands. Contract employees shall not wear earrings while working.

e. All contract employees working in Culinary and Hospitality Branch shall wear clean distinctive foodservice uniform of short sleeve blue polo shirts with the company name or logo, black slacks, MTF issued badge during work hours. Contractor employees are permitted to wear non-graphic black, long or short sleeve T-shirt under the polo shirts. Additional outwear is not allowed during work hours. Contract employees are required to wear hair restraints such as skull caps, hairnets, hats, beard restraints, and clothing that cover body hair, that are designed to be worn to effectively keep their hair and sweat from contacting exposed food, clean equiment, utensils, linens, and single-service/single-use articles.

f. All contract employees working in Patient Room Service Branch shall wear clean distinctive foodservice uniform of short sleeve chef shirts (6 black buttons, side vents, red with black trim) with the company name or logo, black slacks, MTF issued badge during work hours. Contractor employees are permitted to wear non-graphic black, long or short sleeve T-shirt under the chef shirts. Additional outerwear is not allowed during work hours. Contract employees are required to wear hair restraints such as hats, hairnets, beard restraints, and clothing that cover body hair, that are designed to be worn to effectively keep their hair and sweat from contacting exposed food, clean equipment, utensils, linens, and single-service/single-use articles.

g. Non-slip closed toe black safety shoes are required during work hours.

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

This right does not abrogate any other Government rights.

1.21. Organizational Conflict of Interest: Contractor 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 and in the event the

Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the

Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the

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

1.22. Contractor Travel. N/A

1.23. Phase In: During the phase in period the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date. Preparation is to be done at no cost to the Government. The objective is to minimize any decreases in productivity.

1.24 Exclusion from Participation in Federal Healthcare Programs (October 2015)

a. In accordance with OTSG/MEDCOM Policy Memo 15-037, all Contractors (Individual or Entity) who supply healthcare items or provides services via personal or non-personal service contracts, purchase orders and/or blanket purchase agreements must not have their names listed in the List of Excluded

Individuals/Entities (LEIE) database. Individual or Entity names appearing in the LEIE are not eligible to participate in the Military Health System, directly or through the purchased care system, in any capacity.

b. Deliverables: Contractors will download the current LEIE database at http://exclusions.oig.hhs.gov and save the downloadable data file as their initial database. Contractors will then perform an individual or entity query of the database for all individual names and entities to identify excluded parties. The

Contractor shall send the result of this query electronically to the Contracting Officer/Specialist and

Contract Officer’s Representative (COR) no later 10 days after contract award (or modification execution date).

c. This requirement will be included in all medical contracts, purchase orders, and blanket purchase agreements through the use of Contract Local Clauses 5008 and/or 5009.

1.25. Sexual Harassment under the Sexual Assault Prevention and Response Program (SHARP)

a. Reporting requirements required by OTSG/MEDCOM Policy Memo 13-062, Policy for Reporting

Incidents of Sexual Assault and Sexual Harassment under the Sexual Assault Prevention and Response Program

(SHARP), dated 12 November 2013.

b. The contractor shall require all Contract Service Providers (CSP) with knowledge of an incident of sexual assault occurring on a…