Attachment 3 - 286th PWS - 2-6APR24.docx

PERFORMANCE WORK STATEMENT (PWS) FOR

286th IDT Training Catered Meal Services

1.0 General:

1.1 Scope: The contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary, except as specified in Paragraph 3.0 as Government Furnished, to perform Catered Meal Services, as defined in this PWS.

1.2 Background: The Maine Army National Guard will at times require the services of a caterer. A catered meal is defined as “a meal prepared in a commercial establishment for consumption there or delivered to a specific location or prepared at the consumption site using the caterer’s portable equipment and subsistence supplies.” There is no authority for a caterer to use Government-furnished equipment or Government-furnished facilities to prepare the meals. Catered meals are authorized to the National Guard and Reserve Components in accordance with AR 30-22, Operating Procedures for the Army Food Program, Para 3-42. The caterer shall provide personnel, supervision, and any items and services necessary to perform full catering services and in accordance with State and Local sanitation law requirements. All setup, serving, breakdown and cleanup will be the responsibility of the contractor.

1.3 Period of Performance (POP): The Period of Performance shall be from 2-6 April 2024

1.4 General Information:

1.4.1 Quality Control (QC): The contractor shall develop and maintain an effective QC Plan (QCP) to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QCP is the means by which it assures itself that its work complies with the requirements of the contract. As a minimum, the contractor shall develop QC procedures that address the areas identified in Technical Exhibit 1, Performance Requirements Summary (PRS). A final QCP shall be submitted to the Contracting Officer Representative (COR) NLT 10 days after contract award. After acceptance of the QCP, the contractor shall obtain the Contracting Officer’s (KO’s) acceptance in writing of any proposed changes to its QCP.

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

1.4.3 Recognized Holidays: The following are recognized United States (US) holidays. The contractor shall perform services on these days if requested:

1.4.3.1 New Year’s Day: January 1st

1.4.3.2 Martin Luther King, Jr.’s Birthday

1.4.3.3 President’s Day

1.4.3.4 Memorial Day

1.4.3.5 Independence Day: July 4th

1.4.3.6 Labor Day

1.4.3.7 Columbus Day

1.4.3.8 Veteran’s Day: November 11th

1.4.3.9 Thanksgiving Day

1.4.3.10 Christmas Day: December 25th

1.4.3.11 Juneteenth Day: June 19th

1.4.4 Place and Performance of Services: The contractor shall provide services between the hours of 0600 – 2000 hours except on recognized US holidays or when the Government facility/installation is closed due to local or national emergencies, administrative closings, or similar Government-directed facility/installation closings, unless requested by the Government. Performance shall be at Cram Dining Facility, Ethan Allen Firing Range, 91 Barracks Loop, Jericho, VT 05465. The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS when the Government facility/installation is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential. Teleworking is not authorized.

1.4.4.2 Unscheduled gate closures: Reserved

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

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

1.4.5.1 For contractors that do not require a CAC, but require access to a DoD facility or installation: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), and applicable installation, facility and area commander installation/facility access, and local security policies and procedures (provided by a government representative).

1.4.5.2 Communications Security/Information Technology (COMSEC/IT) Security. All communications with DoD organizations are subject to COMSEC review. All telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. DoD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DoD organizations. Therefore, the contractor is advised that any time contractor personnel place or receive a call they are subject to COMSEC procedures. The contractor shall ensure wide and frequent dissemination of the above information to all employees dealing with DoD information. The contractor shall abide by all Government regulations concerning the authorized use of the Government's computer network, including the restriction against using the network to recruit Government personnel or advertise job openings.

1.4.5.3 AT Level 1 Awareness Training (AT): All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete Level 1 AT within 10 calendar days after contract start date and within 10 calendar days of new employees commencing performance. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee to the COR within 15 calendar days after completion of training. Level 1 AT is available at http://jko.jten.mil/courses/atl1/launch.html.

1.4.5.4 iWATCH Training: Reserved

1.4.6 Special Qualifications: The contractor shall ensure all employees possess all local and state required food safety certifications for preparing/serving food and food items in the performance of this contract. This does not include education or other qualifications for the position in which the contractor employee is performing, dress codes, or other information. NOTE: The Government does not provide training to contractors. Contractors must ensure that any personnel performing under a contract are fully trained, licensed, certified and qualified to provide services.

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

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

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

1.4.10 Identification of Contractor Employees: Reserved.

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

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

2.0 Definitions and Acronyms:

2.1 Definitions:

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

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

2.1.3 Contracting Officer Representative (COR): Not Applicable.

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

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

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

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

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

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

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

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

2.2 Acronyms:

AEI Army Enterprise Info-structure AR Army Regulation AT/OPSEC Antiterrorism/Operational Security

BI Background Investigation CM Contract Manager COR Contracting Officer Representative DA Department of the Army DD254 Department of Defense Contract Security Classification Specification DFARS Defense Federal Acquisition Regulation Supplement DoD Department of Defense FAR Federal Acquisition Regulation GFP/M/E/S Government Furnished Property/Material/Equipment/Services HQDA Headquarters, Department of the Army HSPD Homeland Security Presidential Directive IA Information Assurance IS Information System(s) KO Contracting Officer NGB National Guard Bureau OCI Organizational Conflict of Interest PII Personally Identifiable Information PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program 19 Ver. May 2018 SSN Social Security Number TE Technical Exhibit USD(I) Under Secretary of Defense for Intelligence

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): The Government will not provide the property, material, equipment, and/or services solely for the purpose of performance under this contract:

3.1 Property: The Government will furnish the necessary clean workspace for the contractor to perform services outlined in this PWS to include area for serving meals that is protected from the elements, tables to set up serving line, and refuse containers for garbage/refuse resulting from meal service only.

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

3.3 Equipment: None

3.4 Services: None

3.5 Utilities: The only utilities in the facility will be available for the contactor’s use in the performance of this contract are electricity for facility installed lighting and contractor provided portable hot/cold serving lines, water/sewage for handwashing and restroom utilization. The contractor shall instruct employees in utilities conservation practices. The contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount.

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

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

5.0 Requirements: The contractor shall:

5.1 Obtain any and all necessary permits from governing body of locations services are to be delivered prior to performance of this contract.

5.1.1The “not to exceed” number of meals mentioned in Exhibit 3 is based on 100% attendance. Actual attendance may vary and will be provided to the meal NLT 5 calendar days prior to the event. The vendor will than adjust the actual number of meals to served, and be paid for, accordingly. The vendor will not exceed the total number of meals agreed upon without written consent from the Contracting Officer.

5.2 Comply with sanitation requirements of the State and Local laws regarding food code which would result in a satisfactory or better rating from a health inspection. To the greatest extent possible, all food should be prepared on the day it is to be served.

5.2.1 Ensure all menu items will be prepared, transported, served, and maintained at the temperatures recommended by the USDA. Food will be handled in strict adherence to food safety and precautions as recommended by the State of Vermont and the U.S. Department of Agriculture (USDA) http://www.fsis.usda.gov/fact_sheets/safe_food_handling_fact_sheets.

5.2.2 Ensure caterer’s staff will wear hairnets and if handling food, must wear gloves and have a general neat, clean appearance.

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

5.3 Deliver timely service as stated in the award document. The caterer shall supply cooked meals, ready to serve, within 15 minutes of the specified timeframe. The caterer shall staff the operation with the optimum number of employees for efficient operation at all times. The staff will place emphasis on quality of service. The Government reserves the right to require the caterer to remove staffs that are deemed careless or otherwise objectionable.

5.4 Be responsible for portioning and serving each main menu meat, starch, and vegetable item (per the provided menu and portion size guidelines) to the Soldiers, ensuring enough food is provided for all personnel attending the event.

5.4.1 Ensure second portions will be authorized only when all personnel have been served and if enough food is available.

5.4.2 Provide condiments, such as Mayonnaise, mustard, ketchup, steak sauce, hot sauce, salad dressing, syrup, salt and pepper, etc.

5.4.3 Maintain the serving area sanitary, clean and in compliance with health standards ensuring that all individual service items are replenished to provide a pleasant dining environment in either an indoor or outdoor service situation.

5.4.4 Special Dietary restrictions will be identified by MEARNG personnel and provided to the contractor no later than (NLT) five calendar days before the scheduled meal date.

5.5 Ensure all caterers possess and maintain a current American National Standard Institute (ANSI) – Conference for Food Protection – Accreditation program (or a similar accredited program) and a Vermont State food License issued by the Vermont Department of Agriculture.

5.6 Be responsible for all clean up related to the services they provide and the disposition of all leftover food. Refuse/garbage containers will be provided by the Government. Caterer is responsible for emptying these containers into central dumpster at performance location.

5.6.1 Receive direction for performance of this contract only from assigned Contracting Officer or Contracting Officer’s Representative. Unit leadership and/or Soldiers receiving services will not direct or modify tasks contracted to caterer.

5.6.2 Report any discrepancies to direction for performance clause to COR or CO prior to execution immediately.

6.0 Applicable Publications: Publications applicable to this PWS are listed below:

Federal Acquisition Regulation https://www.acquisition.gov/?q=browsefar or http://farsite.hill.af.mil/

Defense Federal Acquisition Regulation Supplement http://www.acq.osd.mil/dpap/dars/dfarspgi/current/ind ex.html or http://farsite.hill.af.mil/

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

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

DoDM 5200.2 Regulation 5200.02 Procedures for the DoD Personnel Security Program (PSP) 04/03/2017 http://www.dtic.mil/whs/directives/corres/pub1.html

Army Directive 2014-05 Policy and Implementation Procedures for Common Access Card Credentialing and Installation Access for Uncleared Contractors 03/07/2014 http://www.apd.army.mil/ProductMaps/PubForm/Arm yDir.aspx

AR 190-13

The Army Physical Security Program 02/25/2011 http://www.apd.army.mil/ProductMaps/PubForm/AR.a spx

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

DoDD 5400.11 Department of Defense Privacy Program 10/29/2014 http://www.dtic.mil/whs/directives/corres/dir.html#

DoD 5400.11-R Department of Defense Privacy Program 05/14/2007 http://www.dtic.mil/whs/directives/corres/pub1.html

DoDD 8140.01 Cyberspace Workforce Management

DoD 8570.01-M Information Assurance Workforce Improvement Program 12/19/2005 (Change 4: 11/10/2015)

AR 25-2

Information Assurance

AR 530-1

Operations Security

DoD 5220.22-M National Industrial Security Program Operating Manual 02/28/2006 (Change 2: 05/18/2016)

AR 381-12

Threat Awareness and Reporting Program (TARP) (Section II, 2-4.b)

TECHNICAL EXHIBIT 1

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

TECHNICAL EXHIBIT 2

Estimated Workload Data

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

TECHNICAL EXHIBIT 3

MEARNG Approved Menu/Portion Size Table This table depicts the only authorized meals to be produced and served in support of MEARNG Catered Rations Support contracts. Requesting unit will provide the day number of meals to be prepared and served in order to ensure the same meals are not served twice in a set period.

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