W912MM-23-P-0010.pdf

SEE ADDENDUM

(No Collect Calls)

W912MM23Q0002 26-Jan-2023

b. TELEPHONE NUMBER

605-737-6923

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 16 Feb 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.402-347-1099

W912MM9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

W912MM23P0010 03-Mar-2023

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DOUGLAS W. HARDING

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011919703

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

MONTY C. EISENBRAUN / CONTRACTING OFFICER

See Schedule $85,568.58

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: SEE SCHEDULE

.16-Feb-2023 YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN W912MM-23-Q-0002

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE 8GEZ0 FACILITY

OFFEROR CODE

USPFO SD PURCHASING & CONTRACTING

2823 WEST MAIN STREET

RAPID CITY SD 57702-8186

S365 INC

CANDI WINGATE

84640 US HIGHWAY 81

NORFOLK NE 68701-1013

DFAS-INDY VP GFEBS HQ0670

8899 E 56TH STREET

INDIANAPOLIS IN 46229-3800

18a. PAYMENT WILL BE MADE BY CODE HQ0670

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE

SEE ITEM 9

15. DELIVER TO CODE W56TJU 16. ADMINISTERED BY

Net 30 Days

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

W56TJU 196TH REGIMENT (RTI)

BECKY ROSELLES

803 W. NATIONAL GUARD DRIVE

SIOUX FALLS SD 57104

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

722320

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

X

EMAIL: monty.c.eisenbraun.mil@mail.mil

(605) 737-6738TEL:

31c. DATE SIGNED

03-Mar-2023

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF37

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912MM23P0010

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

FOR

2-196th RTI 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 2-196th RTI Meal Services, as defined in this PWS.

1.2 Background: The Regional Training Institute (RTI) and South Dakota Army National Guard (SDARNG) has a requirement to support scheduled training with three meals daily. This requirement is achieved through contractor prepared and served meals at the Dining Facility at the Sioux Falls RTI, 803 W. National Guard Dr., Sioux Falls, SD 57104.

Meals are prepared following guidance in the references below and specifications identified in this document.

REFERENCES:

1. AR 40-25 Nutritional Standards and Education

2. FM 7-22 Holistic Health and Fitness (Chapter 8)

3. TM 10-412 Armed Forces Recipe Service and Index of Recipes

4. TB MED 530 Tri Service Food Code

5. Warfighter Nutrition Guide: https://www.hprc-online.org/nutrition/warfighter-nutrition-guide#home

6. U.S. Department of Agriculture: https://www.usda.gov/topics/food-and-nutrition

1.3 Period of Performance (PoP): The Period of Performance shall be 1 Base Year of 8 months and two (2) 12-month option years. The event dates for the base period begin 24 March 2023 and end 30 November 2023.

1.4 General Information:

1.4.1 Place and Performance of Services: The contractor will provide services at the Sioux Falls RTI, 803 W.

National Guard Dr., Sioux Falls, SD 57104.

Contractor may use the facilities at all hours for meal preparation. Meals will be provided every day (Sunday through Saturday)

Sioux Falls, SD: Breakfast 0700-0800, Lunch 1100-1300, Dinner 1700-1830

Performance shall be at the South Dakota Army National Guard (SDARNG) Regional Training Institute (RTI) Sioux Falls, SD 57104. The Government can provide a facility for the preparation and storage of food, if requested in advance. A one-time fee of $50.00 and a daily rate of $35.00/day per SDNG Pam 405-70. The charge is a separate action from this solicitation and will only apply if the vendor uses the kitchen for food preparation. Vendor shall coordinate with the SDARNG GOV POC for payment and reservation of the kitchen.

The contractor shall always 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.

1.4.1.1 Telework: The Government does not permit the contractor to telework in support of this requirement.

1.4.1.2 Unscheduled gate closures by the Security Police may occur at any time causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. Contractors are not compensated for unexpected closures or delays. Vehicles operated by contractor personnel are subject to search pursuant to applicable regulations. Any moving violation of any applicable motor vehicle regulation may result in the termination of the contractor employee’s installation driving privileges.

1.4.1.3 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 from Government property or revoke access to Government systems 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.

1.4.2 Recognized Holidays: The following are recognized United States (US) holidays. The contractor shall perform services on these days if a course falls over these dates:

1.4.2.1 Memorial Day: May 29

1.4.2.2 Juneteenth National Independence Day: June 19

1.4.2.3 Independence Day: July 04

1.4.2.4 Labor Day: September 04

1.4.2.5 Columbus Day: October 09

1.4.2.6 Veterans Day: November 10

1.4.2.7 Thanksgiving Day: November 23

1.4.2.8 Christmas Day: December 25

1.4.2.9 New Year’s Day: January 02

1.4.2.10 Birthday of Martin Luther King, Jr.: January 16

1.4.2.11 Washington’s Birthday: February 20

1.4.3 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).

1.4.4 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).

1.4.4.1 AT OPSEC: Access & general protection: The contractor and all associated sub-contractors shall comply with applicable installation, facility and area access and local security policies and procedures (Provided by gov't representative). If required, contractor must comply with all personal identity verification requirements as directed by local policy. If unescorted access is deemed necessary, contractor will submit a NCIC background check and favorable evaluation as required.

OPSEC Info: The contractor will protect controlled unclassified information (i.e. training times, number of personnel, etc) pertaining to daily operations. Per AR 530-1 Operations Security, the contractor employees must complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter.

1.4.5 Installation Access and Security Requirements. The contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the GOV POC.

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 (see PWS 6.0). 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), and applicable installation, facility and area commander installation/facility access, and local security policies and procedures (provided by a Government representative).

1.4.6 Physical Security. The contractor shall safeguard all Government property provided for contractor use. At the close of each work period, Government facilities, equipment and materials shall be secured.

1.4.6.1 Key Control. All references to keys include key cards. The contractor shall establish and implement methods of ensuring that no keys/key cards issued by the Government are lost or misplaced or are used by unauthorized persons. No keys issued by the Government shall be duplicated. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas.

1.4.6.1.1 The contractor shall immediately report any occurrences of lost or duplicated keys/key cards to the GOV

POC.

1.4.6.1.2 In the event keys, other than master keys, are lost or duplicated, the contractor shall, upon direction by the KO, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the Government replaces or re-keys the locks, the Government will deduct the total cost of lock replacement or re-keying from the monthly payment due the contractor. In the event a master key is lost or duplicated, the Government will replace all locks and keys for that system, and will deduct the total cost from the monthly payment due the contractor.

1.4.6.1.3 The contactor shall prohibit the use of the Government issued keys/key cards by any persons other than the contractor’s employees. The contractor shall prohibit the opening of locked areas by contractor employees to permit entrance of persons other than contactor employees engaged in the performance of services in those areas, or personnel authorized entrance by the KO.

1.4.7 Special Qualifications: The contractor shall ensure all employees possess all required licenses for operation 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 otherwise qualified to provide services.)

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 42.5. The KO, GOV POC 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 GOV POC 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: Contractor personnel shall wear identification badges distinguishing themselves as such. The badges shall have the company name, employee name and the word “contractor” displayed.

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.

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

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

2.1.4 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.

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

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

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

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

2.1.9 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:

AR Army Regulation AT/OPSEC Antiterrorism/Operational Security BI Background Investigation CM Contract Manager COR Contracting Officer Representative DFARS Defense Federal Acquisition Regulation Supplement DoD Department of Defense DSCA Defense Counterintelligence and Security Agency FAR Federal Acquisition Regulation GFP/M/E/S Government Furnished Property/Material/Equipment/Services GOV POC Government Point of Contact IA Information Assurance KO Contracting Officer NGB National Guard Bureau 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 TE Technical Exhibit

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): GFP will NOT be provided directly under this contract.

3.1 Property: At the sole discretion of the contractor, the Government can rent a workspace for the contractor to perform services outlined in this PWS to include a facility for the preparation and storage of food, if requested in advance, and at a rate of a one-time fee of $50.00 and a daily rate of $35.00 per day, see SDNG PAM 405-70.

3.2 Materials: Mermites are not required for this contract.

3.3 Equipment: The Government will have tables available and garbage receptacles during meal times.

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

The vendor shall provide a sample menu with their quote. The vendor shall provide all subsistence, supplies, disposable plates, napkins, cups, disposable utensils and labor for commercial meals. Non-disposable trays, plates, cups, and utensils are available for use with rental of the kitchen facility.

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.

4.1.1 Contractor will be required to provide a list of personnel who will be performing under contract at least 30 days prior to contract performance. Contractor will also provide list of contractor provided equipment so to not be mistaken with Government equipment.

5.0 Requirements: The contractor shall: prepare, deliver, and serve meals to Soldiers. It is the vendor's responsibility to coordinate with the GOV POC, to make sure every Soldier has been served before leaving the premise.

5.1 Serving Times: Meal times include breakfast, lunch, and dinner with exceptions worked through the GOV POC.

An average of 40 meals will be served daily split between breakfast, lunch, and dinner.

5.1.1 Meal quantities are estimates only. Based on historical data the anticipated range of meal quantities include:

Minimum Average Maximum 16 40 50

To assist the contractor in planning, the minimum estimated number of meals per feeding will be guaranteed under this contract.

5.1.2 Approximately one week in advance, the GOV POC will coordinate serving times and provide the vendor with the number of troops expected for the meals. The Government will be liable for the number of meals ordered by the GOV POC. Meal numbers may change throughout the duration of this contract. The GOV POC will coordinate changes 24 hours in advance to adjust number of ordered meals. AGR and ADOS staff are required to pay for meals individually at the contract rate. Vendor shall have point-of-sale payment available at each meal to collect payment from these individuals. Average number of AGR/ADOS is 2 customers per meal. This number is in addition to the Government liable meal numbers above. The GOV POC will regularly communicate with vendor regarding the number of AGR/ADOS staff.

5.2 Menu Information: The enclosed Menu Plan is structured with the intent to meet the nutritional demands of training and provide a variety of selections resulting in a high percentage of satisfied diners. The menu and standards have been devised from the references above to improve readiness and increase Soldier fitness and performance. Menu combinations offered at each meal must provide variety, contrast in texture, flavor, and color.

All items available at the beginning of the meal are available throughout the meal. The enclosed sample menu is a recommendation only. Vendor is responsible for creating their own menu according to the guidance and recommendations in this document. Sanitation, food storage, and serving standards are regulated by TB MED 530 (Tri-Service Food Code) and local/national Departments of Health.

5.2.1 BREAKFAST:

1. Each catered Breakfast shall consist of:

a. One meat

b. Single serving of eggs, French toast, waffle, pancake, or starch

c. Oatmeal

d. Assorted fresh fruit

e. Yogurt

f. Juice (100% fruit juice not concentrate.)*

g. Milk (1% or 2% low fat.)*

h. Suitable condiments to include salt and pepper, ketchup, mustard, topical sauces, syrup, sugar, etc. as appropriate

5.2.2 LUNCH/DINNER:

1. Each Catered Lunch or Dinner Meal shall consist of:

a. One meat (4-6 oz for whole meats such as roast beef, chicken breast, pork chop, or hamburger patty) (1 cup for ground meat in sauce: spaghetti, beef stroganoff, etc.)

b. One main entrée (starch) (1/2 cup to 2/3 cup)

c. Salad (1/2 cup for prepared salad – coleslaw, potato salad, etc. 1 cup for lettuce salads)

d. Vegetable, hot (3/4 Cup)

e. Dessert (2 cookies, 1 piece of cake)

f. Juice (100% fruit juice not concentrate.)*

g. Milk (1% low fat.)*

h. Suitable condiments to include salt and pepper, ketchup, mustard, topical sauces, assorted salad dressings, sugar, etc. as appropriate

5.2.3 RELIGIOUS/VEGETARIAN/VEGAN ENTRÉE: Special accommodation entrées may become necessary at Breakfast/Lunch/Dinner Meals. These entrées will be provided as a substitute to the main entrée being served.

They will be of equal proportion to the regular meal entrée and available at every meal as requested. The GOV POC will notify the contractor of special accommodations, the required time period, and the estimated number of servings that are necessary. No Government Menu is available for use. The contractor will use their expertise and information provided by the GOV POC to plan/create the special entrées’.

5.2.4 FIELD FEEDING: Field feeding is not required for this contract.

5.2.5 SACK MEALS: WHEN CALLED FOR WILL INCLUDE AT A MINIMUM

1. Sandwich or Wrap consisting of ham, turkey or roast beef including cheese of American, cheddar, provolone, or Swiss. Bread or wrap will be whole grain. Portions will adhere to standards as set above. Options shall rotate daily.

2. Whole apple, orange, or banana.

3. Baked chips (assorted variety)

4. Granola Bar with minimum 28-30 grams carbohydrate, 8-9 grams protein

5. Individually packaged trail mix (legumes and dried fruit)

6. Individually packaged condiments to include mayonnaise, mustard, salt, and pepper.

7. Individually packaged beverage (Juice or carbohydrate electrolyte beverage), minimum 12oz with rotating options.

5.3 The vendor is responsible for ensuring facilities are restored to the condition in which received, fair wear and tear accepted to be determined at termination or completion of the contract. The vendor is responsible for the collection and disposal of any trash resulting from the meals served. Dumpsters are available in the immediate area.

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

Publication (Chapter/Page)

Date of Publication

Website

Federal Acquisition Regulation https://www.acquisition.gov/?q=browsefar Defense Federal Acquisition Regulation Supplement http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.

html or https://www.acquisition.gov/dfars

AR 40-25 Nutritional Standards and Education

3 January https://armypubs.army.mil/ProductMaps/PubForm/Detail s.aspx?PUB_ID=1002833

FM 7-22 Holistic Health and Fitness (Chapter 8)

1 October https://armypubs.army.mil/ProductMaps/PubForm/Detail s.aspx?PUB_ID=1020968

TM 10-412 Armed Forces Recipe Service and Index of Recipes

1 September https://armypubs.army.mil/ProductMaps/PubForm/Detail s.aspx?PUB_ID=27625

TB MED 530 Tri Service Food Code 1 March 2019 https://armypubs.army.mil/ProductMaps/PubForm/Detail s.aspx?PUB_ID=1006236

Warfighter Nutrition Guide February https://www.hprc-online.org/nutrition/warfighter-nutrition-guide#home

U.S. Department of Agriculture https://www.usda.gov/topics/food-and-nutrition

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).

Performance Objective

Performance Standard Acceptable Quality Levels (AQL)

Surveillance Method / By Whom

Meal -Food is hot, warm, fresh as appropriate

-Portions are sufficient size

-Meal includes all components, entrée, starch, salad, vegetable, desert and drink

-Meal plates and utensils are provided

95% of time -Daily inspections and spot checks

-Complaint

Food Serving and Transportation

-Food is transported in food safe containers

-Food is transported IAW food handling regulations

-Food items are served at proper Temperatures

-Prepared to serve by scheduled time

-Contractor ensures all troops are fed prior to departing

100% of time -Daily inspections and spot checks

-Complaint

Cleanliness -Maintains cleanliness of serving equipment

-Maintains cleanliness of dining area

-Maintains cleanliness of kitchen

-Trash is removed

95% of time -Daily inspections and spot checks

-Complaint

Contractor Personnel

-Contractor personnel have proper hygiene

-Contractor personnel wear proper serving attire

95% of time -Daily inspections and spot checks

-Complaint

Operational Security

Requirements

-Contractor will protect controlled unclassified information pertaining to daily operations.

100% of time -Daily inspection and spot check

GOVERNMENT ROLES AND RESPONSIBILITIES:

The following personnel shall oversee and coordinate surveillance activities.

Contracting Officer (KO): The KO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms and shall safeguard the interests of the United States in the contractual relationship. The KO shall also assure that the contractor receives impartial, fair and equitable treatment under this contract. The KO is ultimately responsible for the final determination of the adequacy of the contractor’s performance.

Government Point of Contact (GOV POC): The GOV POC will provide updates to vendor regarding meal numbers according to changes in staff and students. GOV POC will coordinate special meal accommodations with vendor at a minimum 48 hours in advance during rotation of new staff and students) to include allergies, religious requirements, and vegan/vegetarian options. GOV POC will maintain requested meal numbers and verify billing quantity with vendor.

TECHNICAL EXHIBIT 2

Deliverables Schedule

(Deliverables must be identified in the PWS and then summarized here. See examples below)

PWS Reference / Deliverable Title

Frequency Number of Copies

Medium/Format Submit To

4.1 Contractor

Employee List

30 days prior to first meal served

1 Electronic Submission

GOV POC

5.2 Menu 2 weeks prior to first meal

served and 24 hours before menu cycle change.

1 Electronic submission or printed copy

GOV POC

TECHNICAL EXHIBIT 3

Average Quantity Estimates

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

ITEM NAME ANNUAL ESTIMATED QUANTITY

1 Breakfast 2018 (2020) 3227 (2021) 3678 (2022)

2 Lunch 1988 (2020) 3422 (2021) 3663 (2022)

3 Dinner 1896 (2020) 3070 (2021) 3496 (2022)

TECHNICAL EXHIBIT 4

Sample Menu

Menu below is a sample only, not a requirement. The breakfast meal is a seven-day cycle and the lunch and dinner meal is 14 days cyclic.

MENU 1

BREAKFAST

BACON

BAKED/GRILLED CHICKEN SAUSAGE PATTIES

HASH BROWNS POTATOES (BAKED/GRILLED)

SCRAMBLED EGGS

EGGS TO ORDER (STAFF ONLY)

WHOLE GRAIN FRENCH TOAST

LUNCH

BAKED CHICKEN

BROWN RICE WITH TOMATOES

SLICED CARROTS

CORNBREAD

DINNER

ROAST PORK TENDERLOIN

PARSLEY POTATOES

MIXED VEGETABLES

HOT ROLLS

MENU 2

BREAKFAST

BAKED/GRILLED SAUSAGE PATTY

OVEN FRIED TURKEY BACON

COTTAGE FRIED POTATOES

SCRAMBLED EGGS

EGGS TO ORDER (STAFF ONLY)

WHOLE GRAIN WAFFLES

LUNCH

YANKEE POT ROAST

O’BRIEN POTATOES

VEGETABLE STIR FRY

BROWN GRAVY

HOT ROLLS

DINNER

HAMBURGER YAKISOBA

RICE PILAF

CAULIFLOWER

HOT ROLLS

MENU 3

BACON

BAKED TURKEY SAUSAGE PATTY

HASH BROWNS POTATOES (BAKED/GRILLED)

SCRAMBLED EGGS

EGGS TO ORDER (STAFF ONLY)

PANCAKES

LUNCH

BRAISED BEEF CUBES

MASHED POTATOES

WHOLE KERNEL CORN

BROWN GRAVY

HOT ROLLS

DINNER

MEAT LOAF (TURKEY)

LYONNAISE POTATOES

SUMMER SQUASH

BROWN GRAVY

HOT ROLLS

MENU 4

BREAKFAST

BAKED/GRILLED SAUSAGE PATTY

BAKED/GRILLED TURKEY SAUSAGE LINKS

HASH BROWNS POTATOTES (BAKED/GRILLED)

SCRAMBLED EGGS

EGGS TO ORDER (STAFF ONLY)

WHOLE GRAIN FRENCH TOAST

LUNCH

SALISBURY STEAK

STEAMED BROWN RICE

MIXED VEGETABLES

BROWN GRAVY

HOT ROLLS

DINNER

BEEF FAJITAS

SPANISH RICE

MEXICAN CORN

JALAPENO CORNBREAD

MENU 5

BREAKFAST

BACON

BAKED/GRILLED CHICKEN SAUSAGE PATTY

HASH BROWNS POTATOES (BAKED/GRILLED)

SCRAMBLED EGGS

EGGS TO ORDER (STAFF ONLY)

PANCAKES

LUNCH

BAKED HAM

SCALLOPED POTATOES

PEAS AND CARROTS

HOT ROLLS

DINNER

SPAGHETTI W/MEAT SAUCE

STEAMED BROCCOLI

CORN ON COB

GARLIC ROLLS/BREAD

MENU 6

BREAKFAST

BACON

BAKED/GRILLED TURKEY SAUSAGE PATTY

HASH BROWNS POTATOES (BAKED/GRILLED)

SCRAMBLED EGGS

EGGS TO ORDER (STAFF ONLY)

WHOLE GRAIN WAFFLES

LUNCH

BAKED TURKEY PATTY

LYONNAISE POTATOES

HONEY DIJON VEGETABLES

TURKEY GRAVY

HOT ROLLS

DINNER

SWEDISH MEATBALLS

MASHED POTATOES

ASPARAGUS

BROWN GRAVY

HOT ROLLS

MENU 7

BREAKFAST

BACON

GRILLED TURKEY SAUSAGE LINKS

HASH BROWNS POTATOES (BAKED/GRILLED)

SCRAMBLED EGGS

EGGS TO ORDER (STAFF ONLY)

PANCAKES

LUNCH

CHICKEN PARMESAN

STEAMED BROWN RICE

VEGETABLE STIR FRY

HOT ROLLS

DINNER

GRILLED HAMBURGER

GRILLED CHICKEN SANDWICH

BAKED POTATOES

SEASONED MIXED VEGETABLES

MENU 8

BAKED/GRILLED CHICKEN SAUSAGE PATTIES

HASH BROWNS POTATOES (BAKED/GRILLED)

SCRAMBLED EGGS

EGGS TO ORDER (STAFF ONLY)

WHOLE GRAIN FRENCH TOAST

LUNCH

CRANBERRY GLAZED CHICKEN

RICE PILAF

CAULIFLOWER

CHICKEN GRAVY

HOT ROLLS

DINNER

MEATBALL STROGANOFF

MASHED POTATOES

GLAZED CARROTS

BROWN GRAVY

HOT ROLLS

MENU 9

BREAKFAST

BAKED/GRILLED SAUSAGE PATTY

OVEN FRIED TURKEY BACON

COTTAGE FRIED POTATOES

SCRAMBLED EGGS

EGGS TO ORDER (STAFF ONLY)

WHOLE GRAIN WAFFLES

LUNCH

ROAST PORK TENDERLOIN

ITALIAN ROASTED POTATO

STEAMED PEAS

BROWN GRAVY

HOT ROLLS

DINNER

PEPPER STEAK

MASHED POTATOES

CORN O’BRIEN

BROWN GRAVY

HOT ROLLS

MENU 10

BREAKFAST

BACON

BAKED TURKEY SAUSAGE PATTY

HASH BROWNS POTATOES (BAKED/GRILLED)

SCRAMBLED EGGS

EGGS TO ORDER (STAFF ONLY)

PANCAKES

LUNCH

BEEF STIR FRY

STEAMED RICE

CAULIFLOWER COMBO

CORNBREAD

DINNER

BEEF RAVIOLI

SPICY BROWN RICE PILAF

MIXED VEGETABLES

HOT ROLLS

MENU 11

BREAKFAST

BAKED/GRILLED SAUSAGE PATTY

BAKED/GRILLED TURKEY SAUSAGE LINKS

HASH BROWNS POTATOTES (BAKED/GRILLED)

SCRAMBLED EGGS

EGGS TO ORDER (STAFF ONLY)

WHOLE GRAIN FRENCH TOAST

LUNCH

BAKED TURKEY AND NOODLES

CARROT SLICES

WHOLE KERNEL CORN

HOT ROLLS

DINNER

LASAGNA (BEEF)

ORZO W/ SPINACH, TOMATO, ONION

SUMMER SQUASH

HOT ROLLS

MENU 12

BREAKFAST

BACON

BAKED/GRILLED CHICKEN SAUSAGE PATTY

HAS BROWNS POTATOES (BAKED/GRILLED)

SCRAMBLED EGGS

EGGS TO ORDER (STAFF ONLY)

PANCAKES

LUNCH

CHICKEN CORDON BLEU

NOODLES JEFFERSON

PEAS W/CELERY

HOT ROLLS

DINNER

ASIAN BBQ TURKEY

OVEN BROWN POTATOES

HONEY DIJON VEGETABLES

CHICKEN GRAVY

HOT ROLLS

MENU 13

Monday Tuesday Wednesday Thursday Friday Saturday Sunday date 23-Mar-23 24-Mar-23 25-Mar-23 26-Mar-23

Breakfast 0 0 0 0 40 40 40 Lunch 0 0 0 0 40 55 55 Dinner 0 0 0 0 40 40 40 date 27-Mar-23 28-Mar-23 29-Mar-23 30-Mar-23 31-Mar-23 1-Apr-23 2-Apr-23 Breakfast 40 40 40 40 40 40 40 Lunch 40 40 40 40 40 40 40 Dinner 40 40 40 40 40 40 40 date 3-Apr-23 4-Apr-23 5-Apr-23 6-Apr-23 7-Apr-23 Breakfast 40 40 40 40 40 Lunch 40 40 40 40 Dinner 40 40 40 40

23 March – 7 April 2023

27 April – 12 May 2023 Monday Tuesday Wednesday Thursday Friday Saturday Sunday date 27-Apr-23 28-Apr-23 29-Apr-23 30-Apr-23 Breakfast 0 16 16 16 Lunch 0 16 16 16 Dinner 0 16 16 16 date 1-May-23 2-May-23 3-May-23 4-May-23 5-May-23 6-May-23 7-May-23 Breakfast 16 16 16 16 16 16 16 Lunch 16 16 16 16 16 16 16 Dinner 16 16 16 16 16 16 16 date 8-May-23 9-May-23 10-May-23 11-May-23 12-May-23 Breakfast 16 16 16 16 16 Lunch 16 16 16 16 0 Dinner 16 16 16 16 0

1 June – 16 June 2023 Monday Tuesday Wednesday Thursday Friday Saturday Sunday date 1-Jun-23 2-Jun-23 3-Jun-23 4-Jun-23 Breakfast 0 0 0 0 40 40 40 Lunch 0 0 0 0 40 55 55 Dinner 0 0 0 0 40 40 40 date 5-Jun-23 6-Jun-23 7-Jun-23 8-Jun-23 9-Jun-23 10-Jun-23 11-Jun-23

Breakfast 40 40 40 40 40 40 40 Lunch 40 40 40 40 40 40 40 Dinner 40 40 40 40 40 40 40 date 12-Jun-23 13-Jun-23 14-Jun-23 15-Jun-23 16-Jun-23 Breakfast 40 40 40 40 40 Lunch 40 40 40 40 Dinner 40 40 40 40

15 June – 30 June 2023 Monday Tuesday Wednesday Thursday Friday Saturday Sunday date 15-Jun-23 16-Jun-23 17-Jun-23 18-Jun-23 Breakfast 0 16 16 16 Lunch 0 16 16 16 Dinner 0 16 16 16 date 19-Jun-23 20-Jun-23 21-Jun-23 22-Jun-23 23-Jun-23 24-Jun-23 25-Jun-23 Breakfast 16 16 16 16 16 16 16 Lunch 16 16 16 16 16 16 16 Dinner 16 16 16 16 16 16 16 date 26-Jun-23 27-Jun-23 28-Jun-23 29-Jun-23 30-Jun-23 Breakfast 16 16 16 16 16 Lunch 16 16 16 16 Dinner 16 16 16 16

13 July – 28 July 2023 Monday Tuesday Wednesday Thursday Friday Saturday Sunday date 13-Jul-23 14-Jul-23 15-Jul-23 16-Jul-23 Breakfast 20 20 20 Lunch 20 35 35 Dinner 20 20 20 date 17-Jul-23 18-Jul-23 19-Jul-23 20-Jul-23 21-Jul-23 22-Jul-23 23-Jul-23 Breakfast 20 20 20 20 20 20 20 Lunch 20 20 20 20 20 20 20 Dinner 20 20 20 20 20 20 20 date 24-Jul-23 25-Jul-23 26-Jul-23 27-Jul-23 28-Jul-23 Breakfast 20 20 20 20 20 Lunch 20 20 20 20 0 Dinner 20 20 20 20 0

19 October – 3 November 2023 Monday Tuesday Wednesday Thursday Friday Saturday Sunday date 19-Oct-23 20-Oct-23 21-Oct-23 22-Oct-23 Breakfast 0 0 0 0 40 40 40 Lunch 0 0 0 0 40 40 40 Dinner 0 0 0 0 40 40 40 date 23-Oct-23 24-Oct-23 25-Oct-23 26-Oct-23 27-Oct-23 28-Oct-23 29-Oct-23 Breakfast 40 40 40 40 40 40 40 Lunch 40 40 40 40 40 40 40 Dinner 40 40 40 40 40 40 40 date 30-Oct-23 31-Oct-23 1-Nov-23 2-Nov-23 3-Nov-23 Breakfast 40 40 40 40 40 Lunch 40 40 40 40 Dinner 40 40 40 40

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 2,580 Each $10.03 $25,877.40

Breakfast

FFP

Services, Non-Personal

*Please see Performance Work Statement and Meal Schedule for details*

GOV POC: MSG Burton Glover 605-357-2841

Vendor POC: Becca Grobe 402-347-1099

3953: W56TJU-2334-0500

FOB: Destination

PURCHASE REQUEST NUMBER: 0011919703

PSC CD: S203

NET AMT $25,877.40

ACRN AA

CIN: GFEBS001191970300001

$25,877.40

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0020 2,498 Each $11.47 $28,652.06 Lunch

FFP

Services, Non-Personal

*Please see Performance Work Statement and Meal Schedule for details*

FOB: Destination

PURCHASE REQUEST NUMBER: 0011919703

PSC CD: S203

NET AMT $28,652.06

ACRN AA

CIN: GFEBS001191970300002

$28,652.06

0030 2,408 Each $12.89 $31,039.12 Dinner

FFP

Services, Non-Personal

*Please see Performance Work Statement and Meal Schedule for details*

PURCHASE REQUEST NUMBER: 0011919703

NET AMT $31,039.12

ACRN AA

CIN: GFEBS001191970300003

$31,039.12

1010 2,752 Each $11.03 $30,354.56 OPTION Breakfast

FFP

Services, Non-Personal

*Please see Performance Work Statement and Meal Schedule for details*

This CLIN is Option 1 - 1 March 2024 to 29 February 2025

NET AMT $30,354.56

1020 2,580 Each $12.62 $32,559.60 OPTION Lunch

FFP

Services, Non-Personal

*Please see Performance Work Statement and Meal Schedule for details*

This CLIN is Option 1 - 1 March 2024 to 29 February 2025

NET AMT $32,559.60

1030 2,580 Each $14.18 $36,584.40 OPTION Dinner

FFP

Services, Non-Personal

*Please see Performance Work Statement and Meal Schedule for details*

This CLIN is Option 1 - 1 March 2024 to 29 February 2025

NET AMT $36,584.40

2010 2,752 Each $12.13 $33,381.76 OPTION Breakfast

FFP

Services, Non-Personal

*Please see Performance Work Statement and Meal Schedule for details*

This CLIN is Option 2 - 1 March 2025 to 29 February 2026

NET AMT $33,381.76

2020 2,580 Each $13.88 $35,810.40 OPTION Lunch

FFP

Services, Non-Personal

*Please see Performance Work Statement and Meal Schedule for details*

This CLIN is Option 2 - 1 March 2025 to 29 February 2026

NET AMT $35,810.40

2030 2,580 Each $15.60 $40,248.00 OPTION Dinner

FFP

Services, Non-Personal

*Please see Performance Work Statement and Meal Schedule for details*

This CLIN is Option 2 - 1 March 2025 to 29 February 2026

NET AMT $40,248.00

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0010 Destination Government Destination Government 0020 Destination Government Destination Government

0030 Destination Government Destination Government 1010 Destination Government Destination Government 1020 Destination Government Destination Government 1030 Destination Government Destination Government 2010 Destination Government Destination Government 2020 Destination Government Destination Government 2030 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0010 POP 03-MAR-2023 TO

29-FEB-2024

N/A W56TJU 196TH REGIMENT (RTI)

BECKY ROSELLES

803 W. NATIONAL GUARD DRIVE

SIOUX FALLS SD 57104

605-737-6425

W56TJU

0020 POP 03-MAR-2023 TO

29-FEB-2024

N/A (SAME AS PREVIOUS LOCATION)

0030 POP 03-MAR-2023 TO

29-FEB-2024

N/A (SAME AS PREVIOUS LOCATION)

1010 POP 01-MAR-2024 TO

28-FEB-2025

N/A (SAME AS PREVIOUS LOCATION)

1020 POP 01-MAR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

1030 POP 01-MAR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2010 POP 01-MAR-2025 TO

28-FEB-2026

N/A (SAME AS PREVIOUS LOCATION)

2020 POP 01-MAR-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

2030 POP 01-MAR-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

ACCOUNTING AND APPROPRIATION DATA

AA: 02120232023206500001121212520040120969 6100.9000021001

COST CODE: A18SU

AMOUNT: $85,568.58

ACRN CLIN/SLIN CIN AMOUNT

AA 0010 GFEBS001191970300001 $25,877.40

0020 GFEBS001191970300002 $28,652.06

0030 GFEBS001191970300003 $31,039.12

CLAUSES INCORPORATED BY REFERENCE

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

DEC 2022

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services

DEC 2022

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-28 Post-Award Small Business Program Rerepresentation OCT 2022 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons NOV 2021 52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 2022

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-15 Energy Efficiency in Energy-Consuming Products MAY 2020 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.244-6 Subcontracts for Commercial Products and Commercial Services

DEC 2022

52.246-1 Contractor Inspection Requirements APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.225-7001 Buy American And Balance Of Payments Program-- Basic JUN 2022 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

(a) Definitions. As used in this clause--

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a…