W91QVN-18-R-0031__0001.pdf

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

SERVICES: Army DFAC Food Services, Republic of Korea

a. Solicitation stated in Block 9A, is hereby amended to provide responses to potential offeror's questions.

b. Quantities for CLINs 0002AC, 2002AB, 2002AC, 3002AC and 4002AC are revised.

c. Clause 5152.222-4034 Korean Labor Law is added.

d. Section C.5 CMRA w ebsite link is revised.

e. Attachment 1 has been revised to correct number of DFACs for the four (4) Requiring Activities.

f. All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

1 32

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

16C. DATE SIGNED

BY 15-Mar-2018

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 W91QVN-18-R-0031

X 9B. DATED (SEE ITEM 11)

13-Feb-2018

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

15-Mar-2018

CODE

411TH CONTRACTING SUPPORT BRIGADE, KOREA

RCC YONGSAN, UNIT #15289

APO AP 96205-5289

UNITED STATES OF AMERICA (THE)

W91QVN 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W91QVN-18-R-0031

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

RFI

No. Questions Answers Change in RFP

1 C.1.2.2 Floor Manager (FM), Qualifications, Personnel must possess a Food Handlers and National Health Physical competency certificates prior to full performance start. What are Food Handler and National Health Physical competency certificate? Either National Health Physical competency certificate(s) is (국민건강신체검사증명서) in Korean or a Health Medical Certificate (건강진단결과서) issued by a Community Health Center (보건소) of ROK? Which one of two is correct?

Food Handler is Cooking Technician(s) (조리기능사) and National Health Physical competency certificate(s) is a Health Medical Certificate (건강진단결과서) issued by a Community Health Center (보건소) of ROK? Please clarify the required documents we need to submit.

The correct certificate is the National Health Physical competency certificate (국민건강신체검사증명서). This is required for both the Floor Manager positions(s) and cook position(s).

The duration of the Food Handler course is 4 hours for initial training, and 2 hours for each annual refresher training. This training will be provided by the U.S. Government. This is required for both the Floor Manager position(s) and cook position(s).

N

2 C.1.2.4. Cooks / Servers:

a. Cooks / Servers shall attend Food Handlers training provided by the Government on an annual basis. What is Food Handlers Training in Korean? or Do you mean by annual renewal certificate?

The training is provided by government personnel. The training can be provided in English or Korean. Upon completion of the training, the student will receive a certificate. The COR will coordinate with the Contract Manager for available dates and times.

N

3 RFP, Page 56 of 135, The Quantity for CLIN # 2002 AB, 8th Army Dining Facility Attendant, is 102, 864 Hours, but the subject quantity for base and other option years is 104,864 Hours. Only Option 2 year for CLIN#2002 AB is marked as 102,864 Hours. Please confirm which one is correct, either 102,864 or 104,864 Hours.

CLIN 2002AB is revised to state 104,864 hours. Y

4 For the phase-in and phase-out period, can the new contractor bring in their supervisory staff to absorb all the in-house knowledge? In other words, would it be all right if only the supervisory staff screen the necessary work that is required?

The contractor shall provide sufficient personnel and resources during the phase-in / phase-out period to ensure the services called for by this contract are executed according to the PWS.

N

5 July 14th 2018 is the last day of the phase-in and phase-out period. Does it mean the new contractors' operation starts from July 14th 2018?

The new contractor begins Phase-In on 15 June 2018 for one month, and begins full performance on 15 July 2018.

N

6 As we are interested in bidding for all 4 regions, can we have the chance to look at in depth all 16 DFACs in order to evaluate our staffing and the manning table?

No additional site visits will be scheduled at any of the 17 DFACs. The estimated hours listed on each CLIN is based upon an 8 hour workday for an employee. For example, CLIN 0001AA which is estimated at 37,960 hours for an entire year equals 104 hours per day (37,960 / 365). If you further divide 104 by 8 (8 work shift), you will get 13. The total personnel estimated for this CLIN is 13 people per day. This is assumed each of the 13 personnel will work an 8 hour shift.

However, please understand the government will not and does not require a contractor employee to work 8 hours. The decision on how many hours an employee can work will be up to the Contractor company to determine and manage. This information is given as an estimate only and is developed to assist you with determining the amount of contractor man-hours necessary for this effort. You should also note each DFAC does not require 365 days of contractor support, so the calculations above are not exact to each CLIN.

N

7 When we bid on 4 regions of the contracts, is it necessary to write 4 identical technical proposals and other references OR do we submit 1 composite explanation about our company reference with 4 separate price proposals?

IAW 52.212-1 Addendum, one technical proposal is acceptable for any CLIN pricing combination submitted.

N

8 Korean government determined min hourly wage of KW7,530 for FY 2018 (1 Jan through31 Dec 2018). Must this mandatory min hourly wage be reflected in labor cost proposal?

Yes, price proposal should comply with ROK Labor Law as required in the added clause 5152.222-4034 Korean Labor Law.

Y

9 Is any offeror’s proposed hourly wage less than KW7,530 per working hour for FY 2018 disqualified in evaluation and eliminated for further award consideration?

See response to the question 8. N

10 The current government/administration has publically vowed to increase the minimum hourly wage to KW10,000 by 2020 and the minimum hourly wage for FY 2019 shall be announced around July 2018. Increases of this size for the minimum hourly wage are above and beyond any offeror’s control/best forecast.

However to be compliant with 5152.222-4034 Korean Labor Law, an offeror must subsequently pay at the minimum hourly wage or higher. Accordingly, in multiple period contracts such as this solicitation covers, the provision of an equitable adjustment due to unforeseeable circumstances (including this example of the minimum hourly wage increase) will be essential. There is precedent, for example the Public Procurement Service (조달청), Korean government agency responsible for government-wide contracts including ones for ROK MND (국방부) accepts equitable adjustment requests to cope with government mandated salary adjustments, such as a change to the minimum hourly wage, for multiple period contracts. Is such an equitable adjustment provision be included in the contract arising from this solicitation? Or contractor can claim this adjustment when min hourly wage increases during POP?

5152.222-4034 KOREAN LABOR LAW. Contractors and subcontractors at all tiers, shall honor employees’ rights in full compliance with Korean Labor Law, including the rights of succession of employment. Failure to comply may be deemed breach or default of the contract and evidence of non-responsibility. Such violation of Korean Labor Law may be evidenced by a Republic of Korea Ministry of Labor determination, a court decision, or a Labor Relations Commission adjudication. If a contractor is found to be in serious violation and fails to take adequate corrective action promptly, USFK may consider this grounds for determining the contractor to be non-responsible for future Government contracts.

The Contractor shall comply with all applicable ROK Labor Law(s) during the life of this contract. After contract award and while performing under this contract, the prices submitted as part of an offeror's proposal will not be adjusted due to the contractor's cost change requirements. The contractor bears full risk and liability for potential ROK minimum wage changes during the life of this contract. The price proposals submitted for this contract should reflect "all known information" to a company's knowledge at the time of submission. These prices will still be evaluated in comparison to other offerors for this effort.

11 If the answer to Question (above) regarding the inclusion of an equitable adjustment provision is “No”, then in order to ensure an ability to comply with the Korean Labor Law (and meet the expected increase in the minimum hourly wage) any offeror must forecast a minimum hourly rate increase percentage for the period FY 2019 through FY 2023 (last option year of this contract). On the basis of government statements of intent to date this would require at least a 15% increase for both FY 2019 and FY 2020 to meet the stated goal of KRW10,000 minimum by 2020. Will this % increase be made a mandatory assessment criteria for this solicitation? How will the % increases for periods beyond 2020 be assessed?

See answer to question 10. N

12 Lawmakers and policymakers passed a revision to labor laws to limit overtime hour up to 12 hours a week and treatment of public holidays as paid holidays. The revision shall take into force staring this July first and gradually depending on size of company. Is such revision to be effective this July after contract award and during POP subject to equitable adjustment request or claim? Otherwise, contractor shall be punished for violation as such revision is beyond contractor’s authority or control.

The Contractor shall manage their staffing management and personnel control in compliance with the ROK Labor Law to perform the contract requirement. The Government does not control the working hours of any contractor employee.

13 Must following clauses from Korean Labor Standard Act be reflected in labor cost proposal?

Labor Standard Act

Article 18 (Terms and Conditions of Employment of Part-Time Workers) (1) The terms and conditions of employment of part-time workers shall be determined on the basis of relative ratio computed in comparison to those work hours of full-time workers engaged in the same kind of work at the pertinent workplace.

(2) Criteria and other necessary matters to be considered for the determination of terms and conditions of employment under paragraph (1) shall be prescribed by Presidential Decree.

(3) Articles 55 and 60 shall not apply to workers whose contractual working hours per week on an average of four weeks (in cases where their working periods are less than four weeks, such period of working) are less than 15 hours.

Article 50 (Work Hours) (1) Work hours shall not exceed 40 hours a week, excluding hours of recess.

(2) Work hours shall not exceed eight hours a day, excluding hours of recess.

(3) Upon calculating the work hours under paragraphs (1) and (2), any waiting time, etc. spent by workers under the direction and supervision of their employers that is necessary for the relevant work shall be deemed work hours.<Newly Inserted by Act No. 11270, Feb. 1, 2012>

Article 55 (Holidays). An employer shall allow workers at least one paid holiday per week on average.

Article 56 (Extended, Night or Holiday Work). An employer shall, in addition to the ordinary wages, pay 50 percent or more thereof for extended work (work during the hours as extended pursuant to Articles 53 and 59 and the proviso of Article 69), night work (work between 10:00 p.m. and 6:00 a.m.), or holiday work.

Yes. The Contractor shall comply with the ROK Labor Law to perform this contract.

N

14 If answer to above Question is yes, proposing one fixed and fully loaded hourly wage is impossible not in violation of current Korean labor laws if offeror is not allowed to propose at least three different hourly wages for regular, overtime and holiday/night shift. For example, when an employee including part-timer or daily laboror works longer than 15 hours a week, a weekly paid holiday pay at proportional rate must be automatically paid in addition to hours worked. When an employee works 8 hours a day and 5 days a week, this person must get paid for 48 hours (40 hours worked plus 8 hours of paid weekly holiday).

The Contractor bears the full risk and responsibility for all contract prices. The proposed prices from a Contractor who wins the award will be the amount the Government pays to the Contractor (Company). The wages paid to contractor's employees by the Contractor (Company) must be consistent with all applicable ROK Labor Laws.

15 When an employee works longer than 60 hours a month, they should be mandatorily enrolled in social benefits such as medical insurance and public pension. If estimated working hours and number of positions per location in each area, not combined for each area is not available, offeror who has not included this mandatory social benefits in hourly wage must violate applicable Korean rules and regulations. Can estimated working hours per each dining facility in breakdown of regular, overtime and holiday/night shift be available?

The Contractor shall manage their staffing management and personnel control in compliance with the ROK Labor Law to perform the contract requirement. Staffing plan of management approach (Subfactor 3) is a part of technical proposal evaluation. The government does not control the working hours of any contractor employee.

N

16 When an employee continues to work longer than a year, severance pay must be given too. As POP lasts 5 years if all options are exercised, severance pay could be applicable. Unless data like estimated hours of overtime, holiday pay or night shift is not available at time of proposal submission, any offeror cannot estimate severance pay because those remuneration is included for severance pay calculation if offeror does not intend to violate Korean Labor Standard Act and other labor-related laws and regulations. Offerors look to propose very small percentage of G&A and profit in LPTA. If above concerns like compliance with Korean labor laws and regulations are not clearly addressed before proposal submission and contract award, offeror or resultant contractor bears all legal or financial risks. If equitable adjustment or claim is not accepted, bid fosters an environment where contractor ends up violating laws.

The Contractor shall provide fully loaded labor rates to include allowances for all profit, overhead, and other costs associated with the PWS for this contract.

SECTION SF 1449 - CONTINUATION SHEET

SUPPLIES OR SERVICES AND PRICES

SUBCLIN 0002AC

The pricing detail quantity has increased by 9.00 from 9,567.00 to 9,576.00.

SUBCLIN 2002AB

The pricing detail quantity has increased by 2,000.00 from 102,864.00 to 104,864.00.

SUBCLIN 2002AC

SUBCLIN 3002AC

SUBCLIN 4002AC

DELIVERIES AND PERFORMANCE

The following Delivery Schedule item for SUBCLIN 0002AC has been changed from:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

POP 15-JUL-2018 TO

14-JUN-2019

N/A 0008 HQ HQ 8TH ARMY

0000 HQ HHB HQ AND HQ BN EI

UNIT 15333

APO AP 96205-5333

UNITED STATES OF AMERICA (THE)

011-82-53-470-65 FOB: Destination

W90QTY

To:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

POP 15-JUL-2018 TO

14-JUN-2019

N/A 0008 HQ HQ 8TH ARMY

0000 HQ HHB HQ AND HQ BN EI

UNIT 15333

APO AP 96205-5333

UNITED STATES OF AMERICA (THE)

011-82-53-470-65

The following Delivery Schedule item for SUBCLIN 2002AB has been changed from:

CAGE

POP 15-JUN-2020 TO

14-JUN-2021

N/A 0008 HQ HQ 8TH ARMY

0000 HQ HHB HQ AND HQ BN EI

UNIT 15333

APO AP 96205-5333

UNITED STATES OF AMERICA (THE)

011-82-53-470-65

To:

CAGE

POP 15-JUN-2020 TO

14-JUN-2021

N/A 0008 HQ HQ 8TH ARMY

0000 HQ HHB HQ AND HQ BN EI

UNIT 15333

APO AP 96205-5333

UNITED STATES OF AMERICA (THE)

011-82-53-470-65

The following have been added by full text:

5152.222-4034 KOREAN LABOR LAW

Contractors and subcontractors at all tiers, shall honor employees’ rights in full compliance with Korean Labor Law, including the rights of succession of employment. Failure to comply may be deemed breach or default of the contract and evidence of nonresponsibility. Such violation of Korean Labor Law may be evidenced by a Republic of Korea Ministry of Labor determination, a court decision, or a Labor Relations Commission adjudication. If a contractor is found to be in serious violation and fails to take adequate corrective action promptly, USFK may consider this grounds for determining the contractor to be non-responsible for future Government contracts.

The following have been modified:

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

FOR

FOOD SERVICE CONTRACT FOR EXERCISE, CONTINGENCY AND AUGMENTATION SUPPORT

TABLE OF CONTENTS

Section C.1 – General Information

Section C.2 – Definitions/Acronyms

Section C.3 – Specific Tasks

Section C.4 – Applicable Publications and Forms

Section C.5 - Contractor Manpower Reporting

Section C.6 - Performance Requirements Summary

SECTION C.1 - GENERAL

C.1.1. General:

This is a non-personal services requirement to provide Cook Support (CS) and Dining Facility Attendant (DFA) Services for Army Dining Facilities (DFACs) located on U.S. Army Garrison (USAG)-Red Cloud, USAG-Casey, USAG-Yongsan, USAG-Humphreys, and USAG-Daegu as defined in this PWS. These Cook and DFA services shall be for augmentation, exercise and contingency support. The contractor shall have personnel in place within 72 hours notification. 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.

During the life of this contract some or all of the contract requirements may be reduced or increased due to the Yongsan Relocation Plan (YRP) of US. Forces.

C.1.2. Personnel.

a. The contractor shall hire a Floor Manager who can effectively communicate (read, speak, write and understand English) with government representatives.

b. Any replacements shall meet or exceed qualifications of proposed personnel listed under paragraph C.1.2, Personnel. The Government will review and approve the resume of new Contract Manager, prior to their employment with the contractor therefore, the contractor is required to obtain the approval from the Contracting Officer (KO) before Contract Manager’s replacement.

c. Standards: Contract Manager and Floor Manager shall be able to speak and understand English to resolve issues pertaining to customers and diners.

C.1.2.1. Contract Manager (CM).

a. The Contractor shall provide an on-site Contract Manager with the authority to communicate with the company and be responsible for overall performance of the contract to meet the specified performance standards.

b. Standards: The Contract Manager shall be readily available to respond to Government representatives within 2 hours of a call. The Contract Manager shall meet qualification requirements as shown below.

c. Qualifications:

i) Within the last seven (7) years, two (2) years experience; consisting of supervisory experience in managing cafeteria style or multi-entree operations providing complete meal service (breakfast, lunch and dinner) or similar scope and magnitude of experience to that required under the subject requirement .

ii) Two (2) years experience as a district manager, unit manager, or assistant manager of US Department of Defense DFAC or similar local commercial food establishment.

iii) High school graduate or above.

iv) English Language Competency: Contractor Manager shall have the ability at an intermediate level of daily conversering in, being understood and understand English as exemplified in their written and verbal skills in their functional duties in the performance of services as required by this contract. If the Government, at its sole discretion, determins that the language skills of a Contractor employee does not meet the language profienciy skills required of the position, the Government reserves the right to require the Contractor to provide a new Contract employee that does possess the required language proficiency skills required of the position, at no additional cost to the Government.

C.1.2.2 Floor Manager (FM)

a. The Contractor shall provide an on-site Floor Manager at each identified DFAC responsible for overall performance (to include subcontractors) of the contract to meet the specified performance standards within each dining facility during hours of operation. The Floor Manager shall supervise and oversee all contractor performance within the DFAC.

b. Standards: A Floor Manager shall be the liassion between the COR or his representative by appointment (ACOR, QAE...) The Floor Mananger shall be present during DFAC operation hours.

The Floor Manager shall provide all instructions to the contactor employees at each DFAC to oversee work, supervise employees, and manage all contractor employees to the meet the specified performance standards. Contractor employees shall perform assigned tasks by the DFAC Floor Manager as assigned by the COR/ACOR or designated person by the COR such as the Quality Assurance Evaluator (QAE) within the scope of work based on the PWS>

c. Qualifications:

a. Two (2) years of experience within the last seven (7) years.

b. Working in a large food service operation, cafeteria style or multi-entree menu service, performing DFA service (breakfast, lunch and dinner).

c. Experience shall include preparation of soups, salads, gravies, sauces, vegetables, meat, fish, poultry, and all other foods constituting a complete meal and knowledge of progressive cookery food. Personnel must possess a Food Handlers and National Health Physical competency certificates prior to full performance start.

d. The following functional requirements have to be met in order to qualify for this position:

1. Heavy lifting, 45 pounds and over

2. Heavy carrying, 45 pounds and over

3. Prolonged standing, 50 minutes continuous

e. English Language Competency: Contractor Manager shall have the ability at an intermediate level of daily conversering in, being understood and understand English as exemplified in their written and verbal skills in their functional duties in the performance of services as required by this contract. If the Government, at its sole discretion, determins that the language skills of a Contractor employee does not meet the language profienciy skills required of the position, the Government reserves the right to require the Contractor to provide a new Contract employee that does possess the required language proficiency skills required of the position, at no additional cost to the Government.

C.1.2.3. Dining Facility (DFAC) Attendant (DFA).

a. Standards: DFAs are required to perform the following duties in accordance with Tri-Service Food Code TB MED 530: Clean pots and pans; DFAC sanitation; remove trash; sweep and mop floors; replenish/refill condiments dispensers, silverware and tray dispenser; offload ration truck and other duties assigned by the Floor Manager.

b. Qualifications:

i) One (1) year of experience working in a large food service operation, cafeteria style or multi-entree menu service, performing DFA service (breakfast, lunch and dinner).

ii) The following functional requirements have to be met in order to qualify for this position. It is contractor’s responsibility to evaluate their employees’ physical strength to perform this requirement.

1. Heavy lifting, 45 pounds and over

2. Heavy carrying, 45 pounds and over

3. Prolonged standing, 50 minutes continuous.

C.1.2.4. Cooks / Servers:

a. All Contractor personnel employees as cooks / servers shall follow the Armed Forces Recipe Card /Army Food Management Information System (AFMIS) when preparing meals or baked goods. Preparation of meals shall include but not be limited to meat, starch, vegetables, soup, salad and pastries and other foods constituting a complete meal. Cooks / Servers shall attend Food Handlers training provided by the Government on an annual basis.

b. Qualifications:

i) Two (2) years experience in preparation of soups, salads, gravies, sauces, vegetables, meat, fish, poultry, and all other foods constituting a complete meal, knowledge of progressive cookery food. Personnel must have possess a Food Handlers and National Health Physical competency certificates.

ii) The following functional requirements have to be met in order to qualify for this position. It is contractor’s responsibility to evaluate their employees’ physical strength to perform this requirement.

1. Heavy lifting, 45 pounds and over

2. Heavy carrying, 45 pounds and over

3. Prolonged standing, 50 minutes continuous

C.1.2.5. Name Tags. Employees shall wear identification badges with the Contractor's name, position/title and the employee's last name.

*Standards:

Name tags are worn 100% while on duty.

Name tags for all employees.

Name tags written in English and Korean.

C.1.2.6. Conduct of Employees. Employees shall conduct themselves IAW installation policies (8th Army Blue Book and Policy Letters) concerning conduct, which can be provided by Eighth Army Food Service.

C.1.2.7. Personnel Health and Hygiene. Personnel shall maintain compliance with sanitation and food safety standards. Sanitation Training Certificate: It's contractor's responsibility to provide sanitation training. However, CORs are willing to coordinate with the Army Preventive Medicine for providing the training if needed.

*Standard:

Tri-Service Food Code The contractor is responsible for medical examinations for all employees, examinations will be updated yearly and a copy kept on file in the facility.

C.1.2.8. Employee Uniforms. Employees shall wear a clean and complete uniform to include non slip water resistance safety shoes while on duty.

a. White, cotton and polyester, Trousers, with white shirt short-sleeved

b. Smock

c. Foot wear, steel toe safety shoes

*Standards:

Tri-Service Food Code Uniforms are approved by the COR NLT 14 days prior to the start of performance.

C.1.3 Meal Serving Hours: Meal serving hours are determined by exercise and augmentation operations directive.

Normal: The contractor shall perform work required under this contract seven (7) days per week including U.S.

Federal and Korean holidays.

C.1.4. Extended Serving Hours.

a. Emergency or Special Event Services: Emergency or Special situations (for example, accident and rescue operations, civil disturbances, weather warnings, base alerts) may necessitate a dining facility to operate on an extended basis of up to 24 hours per day. The contractor shall provide these services when required by the COR with Contracting Officer’s verbal order under requirement CLIN - augmentation.

*Standards:

Services provided or discontinued within 3 hours of advance notice.

Note: Government payment will be made at a prorated hourly rate; e.g., if service is extended for 45 minutes, payment will be made at 3/4 of the hourly rate.

C.1.5. Contingency Plan for Contract Employees

In special and emergency situations, including, but not limited to mobilization and surge requirements, the contracting officer may direct the contractor to provide personnel to initiate 24/7 or four (4) meals per day. This service will be provided at the line item cost per the bid schedule.

The government will provide advance notice to replace a specific number of military personnel and the expected duration of the requirement.

Contingency Services. Operations which may increase workload, to include Performance of Services during Crisis Declared by the National Command Authority or Overseas Combatant Commander:

Acts Of God. The contractor shall use reasonable diligence to provide a regular and uninterrupted supply of service, but shall not be liable for damages, breach of contract or otherwise, to the government for failure, suspension, diminution, or other variations of service occasioned by or consequence of any cause beyond the control of the contractor, including but not limited to acts of God or of the public enemy, fires, floods, earthquakes, or other catastrophe; strikes; of failure or breakdown of transmission or other facilities. If any such failure, suspension, diminution, or other variation of service shall aggregate more than 48 hours during any billing period hereunder, an equitable.

*Standards:

Written plan submitted to the Contracting Officer not later than 20 days after award of contract.

Plan approved by the Government.

C.1.6. Quality Control Plan (QCP). The Contractor shall establish and maintain a comprehensive QCP.

*Standards:

Written plan submitted to the Contracting Officer within 10 days after award of contract.

C.1.7. Training. The Contractor shall train employees as described below.

C.1.7.1. Sanitation. Conduct sanitation training.

a. Food Service Employee’s Training : Except as specified in paragraph b below, all Food Employees and Supervisors will receive a minimum of 8 hours introductory Food Sanitation Training. New Food Employees will receive this 8-hour introductory training within 30 days of beginning Food Service duties. All Food Employees will receive a minimum 4-hour annual Food Sanitation refresher training that may be accumulated over the 1-year time period after the initial or subsequent refresher training.

b. Training records will be

(i) Maintained at the applicable Food Establishment where Food Service Employees work.

(ii) Readily available for review by the Medical Commander or designated representative.

(iii) The Contractor shall provide the sanitation training certificate to the Contracting Officer (KO) and Contracting Officer’s Representative (COR) within seven (7) days after provided augmentation cooks and DFAs IAW Task Orders.

*Standard: All personnel trained as prescribed by the Tri-Service Food Code.

The Contractor shall provide the sanitation training certificate to KO and COR within thirty (30) days after contract award.

C. 1.8 Accident Report. The contractor shall provide a verbal report to the COR within 4 hours after occurrence and a written follow-up report using DA Form 285. Original and one copy shall be submitted to the COR within 3 days after the occurrence whenever an accident occurs involving personal injury.

*Standard: AR 285-40, chapter 3, Occupational Safety and Health Act (OSHA)

C.1.9. Installation Commander’s Authority: Pursuant to 18 U.S.C. Section 1382, the Installation Commanders have inherent authority to take necessary action or deny access to the installation to individuals who demonstrate inappropriate behavior or misconduct which threatens the safety, health, education, and morale of military and civilian resident workforce of Army in Korea.

C.1.10. Phase In/Phase Out: To minimize any decreases in productivity and to prevent possible negative impacts on contract services, the Contractor shall have personnel on board, during the thirty (30) days phase in/phase out period. The Contractor shall support the succeeding contractor during the contract phase-out period. This support includes the transition of all management and technical services to the successor contractor while minimizing operational impacts.

C.1.10.1. Phase-In: This requirement includes a one month phase-in period after initial contract award. The contractor shall meet all requirements IAW the contractor’s phase-in plan and shall meet weekly with the Government (COR or ACOR) to assess progress. The contractor shall perform contract requirements the first day of contract full performance. The contract staffing will include successful completion of PWS and contract requirements. The Government transition actions include, but are not limited to, processing the contract and contractor personnel for access to the installation to perform contract services. There shall be no negative impact on scheduled performance due to contractor phase-in. Prior to the start of performance, the contractor shall submit to the COR or ACOR, in writing, a list of all employees who will perform under this contract. The list shall include the full name of each employee and his/her position. In the event the incumbent is awarded the contract, phase in cost will not be allowed.

C.1.10.2. Phase-Out: The contractor shall retain full responsibility for meeting contract requirements until completion of the contract. The contractor shall provide access to the sites and to all documentation generated as a result of performing services on this contract to the new contractor during the new contract phase-in period.

C.1.10.3. Phase out transition conference: The contractor shall participate in the phase out transition conference, and periodic follow on meetings to begin phase out planning and to address the status and issues of the transition.

The date and time of the conference will be determined by the Government in coordination with the contractor.

C.1.10.4. Transition of data and items: During phase-out, the contractor shall also account for turn-in all cards, keys, and badges.

SECTION C. 2 - DEFINITIONS/ACRONYMS

C.2.1. 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 Quality Level (AQL). The AQL is a designated value (percent) of defective outcomes/service that the Government indicates will be accepted using acceptable sampling techniques and procedures.

Administrative Contracting Officer (ACO). A Contracting Officer who is administering contracts.

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

Class A Telephone. Telephone service which is unrestricted, for use on-post and commercial calls.

Class C Telephone. Telephone service, which is restricted to inter-post calls from one post telephone to another.

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.

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

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

Local Access Network Connections (LAN). An installation landline connecting the Army Management Information System modules to the AFMIS Web Site.

Lot. The total number of service outputs in an evaluation period; as defined in the AQL column of the Performance Requirement Summary. The lot size is used to determine the sample size (or number of inspections).

Percent of Sample Found Defective. A percentage determined by dividing the number of defects by the sample size.

The resulting number is used to make an equitable deduction from the contract price or award fee for non-performance.

Performance Requirements Summary (PRS). The PRS identifies key performance indicators and standards that represent logical service outputs that will be evaluated by the Government to assure the Contractor is fulfilling the terms of the contract.

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

Performance Assessment Plan (PAP). Defines what the Government must do to ensure that a contractor has performed IAW specified performance standards. Focuses on the level of performance required by the PWS rather than on the methodology used by the contractor to achieve that performance. Sometimes called a Quality Assurance Surveillance Plan (QASP).

Planned Sampling. A sampling (inspection) method used to evaluate contractor tasks and services performed less frequently than daily. Evaluations that are scheduled when tasks and services are performed; e.g., receiving and storage service, field-feeding service, and tasks scheduled IAW the approved cleaning plan.

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.

Random 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 random 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.

C.2.2. 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, supervisors and food handlers shall satisfy one of the following requirements:

a. Satisfactory complete the Educational Foundation of the National Restaurant Association Course in Applied Food Service Sanitation.

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

c. Satisfactorily complete of a course of study that is offered from an accredited college or university approved by the Installation Medical Authority.

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 and in the field.

Brunch. A meal consisting of food items served during breakfast and lunch. This combined meal is served during an extended time period beginning at early or mid morning and ending shortly after the noon hour. When a brunch is served a supper follows.

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

Critical Control Point. An essential point in the flow of food, at which control can be applied so that a food safety hazard can be prevented, eliminated or reduced to an acceptable level.

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, folks, and spoons; hollowware including bowls, cups, serving dishes, and tumblers; and plates.

DFAC Attendant (DFA) Service. Those activities which comprise janitorial and custodial functions within a DFAC including, but not limited to; sweeping, mopping, scrubbing, trash removal, dishwashing, waxing, stripping, buffing, window washing, pot and pan cleaning and related quality control.

Educational Foundation of the National Restaurant Association (NRA). Educational Foundation of the National Restaurant Association, (20 North Wacker Drive, Chicago, IL 60606) is a non-profit education foundation created by restaurateurs and other food service executives and governed by a board of trustees, representing all sectors of the industry and associated academic and commercial institutions.

Educational Testing Service. The Educational Testing Service of Princeton, NJ is a non-profit corporation engaged in test development, test administration and educational research. The Food Protection Certificate Program test is designed to test persons who have ongoing on-site responsibility for protecting the consumer from food-borne illness in food preparation, serving, or eating establishments. Educational Testing Service, Food Protection Certification Program, CN 6515, Princeton, NJ 08541-6515.

Expendable/Durable Supplies. Items, which are consumed in use, regardless of type classification or unit, price.

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

Meal Service for Remote Site Feeding. Tasks associated with preparing meals including beverages, packaging food for shipping from a garrison DFAC to feed soldiers at field training sites.

Food borne Disease Outbreak. The occurrence of two or more cases of a similar illness resulting from the ingestion of a common food.

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.

Full Food Service (FFS). Those activities that comprise the full operation of an Army DFAC.

HACCP Plan: A written document that delineates the formal procedures for following the Hazard Analysis Critical Control Point (HACCP) principles developed by the national Advisory Committee on Microbiological Criteria for Foods.

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

Holiday Meal Charges. The rates to be charged for the Thanksgiving Day, Christmas Day, and the Army’s’ Birthday, if special menus are served.

Installation Commander. A commander of any Army installation, military community for USAREUR, Garrison commander for EUSA, state adjutant general for ARNG, and MUSARC commander for USAR.

Installation Food Program Manager or Food Advisor. An officer, warrant officer, noncommissioned officer, or Department of the Army civilian responsible to the installation commander for matters relating to food service.

Installation Medical Authority (IMA). Installation Medical Authority refers to the Unit Surgeon, Command Chief Surgeon, U.S. Army Medical Center Commanders, and the Director of Health Services or Center Commanders, and the Director of Health Services or his/her representative responsible for defining, setting and monitoring sanitary standards and procedures.

Leftovers. Leftovers are the un-served portions of any item that was prepared for a specific meal, protected from contamination, and held at a proper temperature.

Management and Food Production (M&FP) Service. Those activities which comprise the management of an Army DFAC including, but not limited to; requisitioning, receiving, storing, preparation and serving of food. Also, included are the performance of related administrative and some limited sanitation functions. DFA services are not included.

Major Maintenance. The maintenance and repair of equipment, including the restoration or replacement of parts, as necessitated by wear and tear, damage, failure of parts, or the like.

Meal Serving Hours. Hours designated by the Government when the DFAC serving lines are open for service.

Minor Maintenance. Normal operator care of equipment recommended by the manufacturer. Minor maintenance is limited to cleaning, oiling, greasing, tightening of nuts and bolts, and other minor tasks.

Night Meal. The meal served during the late evening to early morning hours (referred to as the midnight meal). The night meal may be a breakfast or dinner meal.

Nonfood Surface. All exposed surfaces other than those included in food or splash zones.

Operating Hours. Operating hours for each facility are listed at TE 2. 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.

Operational Ration. Packaged, semi-perishable meals issued to personnel for use under field conditions.

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

Police. The action or process of cleaning and putting in order of a DFAC to include related areas of responsibility.

Tasks include sweeping, raking and picking up trash and debris.

Portion Control. Serving of equal amounts to each diner in accordance with prescribed menus and recipes.

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.

Prime Vendor. A Department of Defense contractor who has responsibility to supply and furnish subsistence to the

DFAC.

Progressive Food Preparation (Batch Cookery). The continuous preparation of food items at selective time intervals during the entire meal period as the food is consumed. The objective is to match the flow of diners through the serving lines so that freshly prepared, quality food is always provided. Progressive cooking reduces the need to hold foods for long periods of time that result in loss of flavor, color, texture, and nutritive value. Exceptions to progressive cooking are; baked or prepared desserts, soups, gravies, meat sauces, and other sauce-type items that do not deteriorate in flavor when held throughout the serving period.

Ration. The allowance of food for the subsistence of one person for one day.

Regular Menu. 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 deserts, beverages and bread/rolls, and appropriate condiments.

Safe Temperatures. The internal product temperature of potentially hazardous food (PHF) shall be 40oF (7oC) or below, 140o F (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, TB MED 530.

Scheduled Inspections. A method of inspection in which the Government makes a subjective evaluation of the Contractor’s performance of requirements that are not inspected under random sampling.

Semi-perishable Subsistence. Food item that do not spoil or deteriorate rapidly, such as canned, dried, dehydrated, and other items that may under normal conditions be transported and stored un-refrigerated.

Sensitive and High Dollar Subsistence. Those subsistence items that require intensive control and documentation.

Sensitive and high dollar items are listed in the Federal Supply Classification 8905 group in the C8900 Stock List;

e.g., meats, fish, poultry products, coffee, etc.

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

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