AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE 

K 

PAGE 1 OF 2 

2. AMENDMENT/MODIFICATION NO. 

P00002 

3. EFFECTIVE DATE 

See Blk. 16C 

4. REQUISITION/PURCHASE REQ. NO. 

See Block 14 

5. PROJECT NO. (If applicable) 

6. ISSUED BY CODE SPE8EC 7. ADMINISTERED BY (If other than Item 6) CODE S1403A 

DLA TROOP SUPPORT 

CONSTRUCTION & EQUIPMENT (HEPP) 

700 ROBBINS AVENUE 

PHILADELPHIA PA 19111-5096 

USA 

Initiator: Robert F Spadaro Jr 

PEPCAAF Tel: 215-737-8253 FAX: 215-737-3841 Email: robert.spadaro@dla.mil 

DCMA CHICAGO 

1523 WEST CENTRAL ROAD 

ARLINGTON HEIGHTS IL 60005-2451 

USA 

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) 

Navistar Defense LLC DBA 

NAVISTAR DEFENSE, LLC 

10400 W North Ave 

MELROSE PARK IL 60160-1028 

USA 

(X) 9A. AMENDMENT OF SOLICITATION NO. 

9B. DATED (SEE ITEM 11) 

X 

10A. MODIFICATION OF CONTRACT/ORDER NO. 

SPE8EC-20-D-0057 

10B. DATED (SEE ITEM 13) 

2020 FEB 25 

CODE 338X5 FACILITY CODE 

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS 

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

Offers 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 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. 

 CHECK ONE 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. 

X 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.) 

See Continuation Sheet 

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

Robert F Spadaro Jr 

15B. CONTRACTOR/OFFEROR 

(Signature of person authorized to sign) 

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 

SPADARO.ROBERT.F.JR.129 Digitally signed by

1915040 SPADARO.ROBERT.F.JR.1291915040

Date: 2020.04.21 13:30:44 -04'00'

(Signature of Contracting Officer) 

16C. DATE SIGNED 

2020 APR 21 

NSN 7540-01-152-8070 

Previous edition unusable 

STANDARD FORM 30 (REV. 

10-83) Prescribed by GSA FAR (48 CFR) 

X 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: 

SPE8EC-20-D-0057 / P00002 

PAGE 2 OF 2 PAGES 

Per Navistar Defense email dated 4/17/2020 

Contract SPE8EC-20-D-0057 is hereby modified as follows: 

Navistar Defense respectfully requests the below additional location be added to the subject-line Contract. 

Place of Performance Government Inspection, Acceptance and Shipping Point 

(a) Place of Performance 

(1) Items will be manufactured at the following locations. 
 AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

4. REQUISITION/PURCHASE REQ. NO.

See Block 14

5. PROJECT NO. (If applicable)

6. ISSUED BY CODE SPE8EC 7. ADMINISTERED BY (If other than Item 6) CODE S1403A

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

Navistar Defense LLC DBA 

NAVISTAR DEFENSE, LLC 

10400 W North Ave 

MELROSE PARK IL 60160-1028 

USA

CODE 338X5 FACILITY CODE

10A. MODIFICATION OF CONTRACT/ORDER NO.

SPE8EC-20-D-0057

10B. DATED (SEE ITEM 13)

2020 FEB 25

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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.

copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

Offers 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:

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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:

FAR 52.216-2 and Add/Delete Language in Solicitation

E. IMPORTANT: Contractor is not, X is required to sign this document and return 1 copies to the issuing office.

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

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)

NSN 7540-01-152-8070 

Previous edition unusable

STANDARD FORM 30 (REV. 

10-83) Prescribed by GSA FAR (48 CFR) 

15B. CONTRACTOR/OFFEROR 16B. UNITED STATES OF AMERICA

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

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

(a) By completing Items 8 and 15, and returning

DLA TROOP SUPPORT 

CONSTRUCTION & EQUIPMENT (HEPP) 

700 ROBBINS AVENUE 

PHILADELPHIA PA 19111-5096 

USA 

 Initiator: Shane Moore 

 DSM0144 Tel: DSN312-444-8635 Email: Shane.Moore@dla.mil

DCMA CHICAGO 

1523 WEST CENTRAL ROAD 

ARLINGTON HEIGHTS IL 60005-2451 

USA

 15C. DATE SIGNED 16C. DATE SIGNED

X

X

D. OTHER (Specify type of modification and authority)

3. EFFECTIVE DATE

See Blk. 16C

See Continuation Sheet

1. CONTRACT ID CODE

K

2. AMENDMENT/MODIFICATION NO.

P00001

(X)

 CHECK ONE

9A. AMENDMENT OF SOLICITATION NO. 

9B. DATED (SEE ITEM 11)

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

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

PAGE 1 OF 3

Craig Ogata, Director of Contracts & Compliance

07Apr2020
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 2 OF 3 PAGES

SPE8EC-20-D-0057 / P00001

Contract SPE8EC-20-D-0057 is hereby modified as follows: 

1.Navistar Commercial Price List with the Model Pricing and Discounts (Base List Price Only) on page 11 of the

Schedule of Items (SOI) in Contract SPE8EC-20-D-057 is hereby replaced by page 3 of the subject modification to

reflect the price increases for 5 models identified in the Commercial Price List.

2.All other terms and conditions remain unchanged.
SCHEDULE OF ITEMS

Item # Item Description Model Number 

1 Medium Vocational Truck MV2 Heavy Vocational Truck HV3 Regional Haul Truck RH4 Long Haul Tractor LT5 Heavy eXtreme Trucks HX

Navistar Defense (Trucks & Trailers) SPE8EC-20-D-005

SPE8EC-20-D-0057 

Navistar Defense, LLC (Navistar) 

 

1) CONTRACT AWARD 

a. This contract constitutes the Government's acceptance of the Contractor's offer, including all revisions 

that were approved and accepted by the Government, under Request for Proposals (RFPs) SPE8EC-17-R0008, as amended by Amendments 0001, 0002 and 0003. It is an Indefinite Delivery/Requirements Contract 

under which the Contractor shall function as a supplier for Trucks & Trailers. 

 

b. Performance under this contract shall be governed by the Statement of Work (SOW), terms and 

conditions of RFP SPE8EC-17-R-0008, as amended, and the following terms and conditions negotiated 

prior to award that were acceptable to both the Contractor and the Government. 

c. Navistar will comply with DFARS 252.225-7021 Trade Agreements (Sep 2019). 

d. In performance of this contract, any transportation of supplies by sea must comply with DFARS 252.247-

7023, Transportation of Supplies by Sea – Basic (FEB 2019). 

e. Navistar’s approved Commercial Small Business Subcontracting Plan is valid through September 30, 

2020. 

 

f. The product base list unit prices set forth in the contractor’s proposal dated July 30, 2018, and the final 

proposal discounts dated December 18, 2019, are applicable to the items specified in this contract and are 

shown on page 11 of this contract. 

The proposed product base list unit prices are from Navistar’s Commercial Price List. 

The negotiated discounts on page 11 of this contract shall remain in effect for the entire five-year contract 

period. The contract pricing (catalog price minus discount) shall be the ceiling price for any delivery order 

awarded under the contract. At any time, the contractor can offer discounts greater than the contractual 

discounts. 

g. CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS (FEB 2012)

FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of 

integrity and honesty. Contractors should have a written code of business ethics and conduct within thirty 

days of award. To promote compliance with such code of business ethics and conduct, contractors should 

have an employee business ethics and compliance training program that facilitates timely discovery and 

disclosure of improper conduct in connection with government contracts and ensures corrective measures 

are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure 

by a principal to timely disclose to the government, in connection with the award, performance, or closeout 

of a government contract performed by the contractor or a subcontract awarded there under, credible 

evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations 

found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C. 3729-3733) 

If this solicitation or contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS 

ETHICS AND CONDUCT; the contractor shall comply with the terms of the clause and have a written code 

of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct; promote 

ethical conduct and a commitment to compliance with the law within their organization; and timely report any 

violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 

18 of the United States Code or any violations of the False Claims Act. (31 U.S.C. 3729-3733). When FAR 

52.203-13 is included in the contract, contractors must provide a copy of its written code of business ethics 

and conduct to the contracting officer upon request by the contracting officer.

Note: FAR clause 52.203-13 – Contractor Code of Business Ethics and Conduct is incorporated by 

reference on page 7 of this contract. 

2) CONTRACT PERIOD 

Any supplies to be furnished under this contract shall be ordered by issuance of delivery orders by DLA 

Troop Support. The ordering period shall commence on the date of award/contract and shall continue for 

five (5) calendar years after the effective date of the award/contract. 

Page 2 of 11
SPE8EC-20-D-0057 

The “Total Award Amount” listed in block twenty-six (26) on page one (1) of this contract ($82,340,643.00) is 

the estimated value of the five (5) year contract and represents the combined five (5) year value of all Trucks 

& Trailers contracts to be awarded under SPE8EC-17-R-0008, not this contract alone. The maximum dollar 

value that may be obligated against the contract throughout the five (5) year contract period is 

$139,979,093.00. 

 

3) DELIVERY ORDER LIMITATIONS 

(a) Minimum Order: When the Government requires supplies or services covered by this contract in an 

amount of less than one each, the Government is not obligated to purchase, nor is the Contractor 

obligated to furnish those supplies or services under the contract. 

 

 (b) Maximum Order: The Contractor is not obligated to honor - 

. 

(1) Any order for a single item is excess of $100,000,000.00 

 

(2) Any order for a combination of items in excess of $100,000,000.00; or 

 

(3) A series of orders from the same ordering office within five (5) days that together call for quantities 

exceeding the limitations in subparagraph (b)(1) or (b)(2) of this section. 

 (c) The Government is not required to order a part of any one requirement from the Contractor if that 

requirement exceeds the maximum order limitations in paragraph (b) of this section. 

 

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding 

the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering 

office within thirty (30) days after issuance, with written notice stating the Contractor’s intent not to ship the 

item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the 

supplies or services from another source. 

4) CONTRACT UNIT PRICES 

(a) The product base list unit prices set forth in the contractor’s proposal dated July 30, 2018, and the final 

proposal discounts dated December 18, 2019, are applicable to the items specified in this contract and are 

shown on page 11 of this contract. 

 (b) Additions to the above item. The unit prices and initial delivery schedules for any item(s) added to the 

initial list of contract items shall be established based on negotiations between the Government and the 

Contractor. The unit prices must be determined fair and reasonable by the Contracting Officer prior to 

addition to the contract. 

 5) PAYMENT 

a. Terms: Payment terms are 

 

b. Prompt Payment Procedures apply. 

 c. Remittance Address: The Contractor’s remittance address is as follows: 

 

 

6) CONTRACT ADMINISTRATION: Administration of the contract is the responsibility of the Defense 

Contract Management Agency (DCMA) Chicago. 

ADDENDUM TO FAR 52.212-4 

The clauses listed below are incorporated by reference with the same force and effect as if it was given in full 

text: 

FAR 52.211-15, Defense Priority and Allocation Requirements (APR 2008)

FAR 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY 2014) 

Page 3 of 11
SPE8EC-20-D-0057 

FAR 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013) 

FAR 52.232-40, Providing Accelerated Payments to Small Business Contractors (DEC 2013)

FAR 52.242-5, Payments to Small Business Subcontractors (JAN 2017) 

DFARS 252.225-7048, Export Controlled Items (JUN 2013) 

DFARS 252.232-7006, Wide Area Workflow Payment Instructions (DEC 2018) 

The following Federal Acquisition Regulation (FAR) clause is included in the contract by reference to implement 

provisions of law or Executive orders applicable to acquisitions of commercial items or components: 

FAR 52.203-3, Gratuities (APR 1984) 

The following DFARS clauses are included in this contract by reference to implement provisions of law or 

Executive orders applicable to acquisitions of commercial items or components: 

DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011) 

DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights (SEP 2013) 

DFARS 252.203-7003, Agency Office of the Inspector General (AUG 2019) 

DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials (NOV 2011)

DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (DEC 

2019) 

DFARS 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support (MAY 2016) 

DFARS 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) 

DFARS 252.211-7003, Item Unique Identification and Valuation (MAR 2016) 

DFARS 252.211-7006, Passive Radio Frequency Identification (DEC 2019)

DFARS 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (DEC 2019) 

DFARS 252.223-7008, Prohibition of Hexavalent Chromium (JUN 2013) 

DFARS 252.225-7012, Preference for Certain Domestic Commodities (DEC 2017) 

DFARS 252.225-7021, Trade Agreements (SEP 2019) 

DFARS 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) 

DFARS 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) 

DFARS 252.225-7031, Secondary Arab Boycott of Israel (JUN 2005) 

DFARS 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native 

Hawaiian Small Business Concerns (APR 2019) 

DFARS 252.227-7015, Technical Data -- Commercial Items (FEB 2014) 

DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 2016) 

DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (DEC 2018)

DFARS 252.232-7010, Levies on Contract Payments (DEC 2006) 

DFARS 252.243-7002, Requests for Equitable Adjustment (DEC 2012) 

DFARS 252.244-7000, Subcontracts for Commercial Items (JUN 2013) 

DFARS 252.247-7023, Transportation of Supplies by Sea (FEB 2019) 

DFARS 252.247-7028, Application for U.S. Government Shipping Documentation/Instructions (JUN 2012) 

 

In addition to the clauses listed in paragraph (e) of FAR 52.212-5, Contract Terms and Conditions Required 

to Implement Statutes or Executive Orders-Commercial Items, the Contractor shall include the terms of the 

following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded 

at any tier under this contract: 

DFARS 252.227-7013, Rights in Technical Data – Noncommercial Items (FEB 2014) 

DFARS 252.227-7015, Technical Data – Commercial Items (FEB 2014) 

DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 2016) 

DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (JUN 2013) 

DFARS 252.237-7019, Training for Contractor Personnel Interacting with Detainees (JUN 2013) 

DFARS 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUN 

2013) 

DFARS 252.247-7023, Transportation of Supplies by Sea (FEB 2019) 

 

TIME OF DELIVERY – F.O.B. POINT 

 

(a) Time of Delivery 

With respect to each delivery order issued under this contract, the contractor shall make delivery within the 

number of days specified on page 11 of this contract for the applicable line item after the date of order, 

unless the contractor agrees to a different delivery requirement of a particular delivery order. 

 

Page 4 of 11
SPE8EC-20-D-0057 

(b) F.O.B. Point 

[ ] With respect to all contract line items this contract is awarded on the basis of delivery F.O.B. Origin. 

[X] With respect to all contract line items this contract is awarded on the basis of delivery F.O.B. Destination 

for all resulting contract delivery orders. 

 

PLACE OF PERFORMANCE GOVERNMENT INSPECTION ACCEPTANCE AND SHIPPING POINT 

 (a) Place of Performance: 

 [X] (1) Items will be manufactured at the following locations: 

ITEM NO. PLANT NAME AND ADDRESS 

 

 * 

 

 

 

 * 

 

 

 [ ] (2) Items will be furnished from stock. Manufacturer (not dealer) is as follows: 

 (b) Place of Packaging, Packing and Marking: 

 [X] (1) Same as shown in a(1) 

 

[ ] (2) As shown below: 

 

MANUFACTURING FACILITY PLACE OF PACKAGING, PACKING AND MARKING 

 

(c) Place of Government Inspection: 

 [X] (1) Material inspection, except as may be indicated in c(2), will be made at the following locations: 

ITEM NO. PLANT NAME AND 

ADDRESS 

 GOVERNMENT 

 INSPECTION OFFICE 

* DCMA Huntsville (S0107A) 

 

 

 

* DCMA Chicago (S1403A) 

 

 - 

 

 * . DCMA Huntsville (S0107A)

 

 

 * DCMA Chicago (S1403A) 

 

 

 * DCMA Chicago (S1403A) 

 

 

 

Page 5 of 11
SPE8EC-20-D-0057 

 * DCMA Dallas (S4402A) 

 

 

 

 * DCMA Hampton (S5111A) 

 

 

 [ ] (2) Packaging, Packing and Marking inspection (if other than c(1) above) will be made at the following 

location: 

ITEM NO. PLANT NAME AND ADDRESS GOVERNMENT INSPECTION OFFICE 

 

 [ ] (3) At destination 

 (d) Place of Acceptance: 

[X] (1) At the plant shown and by the Government Inspection Office shown in c(1) above. 

[ ] (2) At the plant shown and by the Government Inspection Office shown in c(2) above. 

 [ ] (3) At destination by the receiving authority. 

 (e) APPLICABLE TO F.O.B. ORIGIN SHIPMENTS ON GOVERNMENT BILL OF LADING AWARDS 

ONLY. Shipment will be made from the contractor's or subcontractor plant(s) identified below. These 

shipping points were used in the evaluation of contractor's F.O.B. Origin offer. If the contractor ships from a 

place other than as identified herein, any increase in transportation costs shall be borne by the contractor 

and any savings shall revert to the Government. 

 [ ] (1) Same as shown in a(1) above. 

 [ ] (2) As shown below: 

* The Place of Performance and Inspection and Acceptance for all items will be determined upon the 

issuance of each delivery order. 

NOTE: Any change to the Place of Performance, Inspection, and Acceptance must be approved in writing 

by the Contracting Officer. 

 

 

 

 

 

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- 

Commercial Items (Jan 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are 

incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to 

acquisitions of commercial items: 

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 

2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in 

continuing resolutions)). 

Page 6 of 11
SPE8EC-20-D-0057 

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by 

Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). 

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services 

or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232). 

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). 

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). 

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 

U.S.C. 3805 note)). 

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has 

indicated as being incorporated in this contract by reference to implement provisions of law or Executive 

orders applicable to acquisitions of commercial items 

[Contracting Officer check as appropriate. 

 X __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate 

 I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). 

 X __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)). 

 __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 

 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American 

 Recovery and Reinvestment Act of 2009.) 

 X __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) 

 (Pub. L. 109-282) (31 U.S.C. 6101 note). 

 __ (5) [Reserved]. 

 __ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 

 743 of Div. C). 

 __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 

 2016) (Pub. L. 111-117, section 743 of Div. C). 

 X __ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors 

 Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). 

 X __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 

 2018) (41 U.S.C. 2313). 

 __ (10) [Reserved]. 

 __ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) 

 (15 U.S.C.657a). 

 __ (ii) Alternate I (Nov 2011) of 52.219-3. 

 __ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns 

 (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) 

 (15 U.S.C. 657a). 

 __ (ii) Alternate I (Jan 2011) of 52.219-4. 

 __ (13) [Reserved] 

 __ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644). 

 __ (ii) Alternate I (Nov 2011). 

 __ (iii) Alternate II (Nov 2011). 

 __ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). 

 __ (ii) Alternate I (Oct 1995) of 52.219-7. 

 __ (iii) Alternate II (Mar 2004) of 52.219-7. 

 X __ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). 

 X __ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)) 

 __ (ii) Alternate I (Nov 2016) of 52.219-9. 

 X __ (iii) Alternate II (Nov 2016) of 52.219-9. 

 __ (iv) Alternate III (Nov 2016) of 52.219-9. 

 __ (v) Alternate IV (Aug 2018) of 52.219-9 

 __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). 

 __ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)). 

 X __ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). 

 __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2019) 

 (15 U.S.C. 657f). 

 X __ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) 

 (15 U.S.C. 632(a)(2)). 

 __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged 

 Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). 

 __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small 

 Business Concerns Eligible Under the Women-Owned Small Business Program 

 (Dec 2015) (15 U.S.C. 637(m)). 

 X __ (25) 52.222-3, Convict Labor (June 2003) (E.O.11755). 

Page 7 of 11
SPE8EC-20-D-0057 

 X __ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126). 

 X __ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). 

 X __ (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246). 

 __ (ii) Alternate I (Feb 1999) of 52.222-26. 

 X __ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). 

 __ (ii) Alternate I (July 2014) of 52.222-35. 

 X __ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793). 

 __ (ii) Alternate I (July 2014) of 52.222-36. 

 X __ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). 

 X __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act 

 (Dec 2010) (E.O. 13496). 

 X __ (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 

13627). 

 __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). 

 X __ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not 

 applicable to the acquisition of commercially available off-the-shelf items or certain other types of 

 commercial items as prescribed in 22.1803.) 

 __ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated 

 Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially 

 available off-the-shelf items.) 

 __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the 

 acquisition of commercially available off-the-shelf items.) 

 __ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential 

 Hydrofluorocarbons (Jun 2016) (E.O. 13693). 

 __ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air 

 Conditioners (Jun 2016) (E.O. 13693). 

 __ (38) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 

 13423 and 13514). 

 __ (ii) Alternate I (Oct 2015) of 52.223-13. 

 __ (39) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 

 13514). 

 __ (ii) Alternate I (Jun 2014) of 52.223-14. 

 __ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). 

 __ (41) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) 

 (E.O.s 13423 and 13514). 

 __ (ii) Alternate I (Jun 2014) of 52.223-16. 

 X __ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving 

 (Aug 2011) (E.O. 13513). 

 __ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). 

 __ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693). 

 __ (45) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a). 

 __ (ii) Alternate I (Jan 2017) of 52.224-3. 

 __ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). 

 __ (47) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. 

 chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 

 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 

 112-41, 112-42, and 112-43. 

 __ (ii) Alternate I (May 2014) of 52.225-3. 

 __ (iii) Alternate II (May 2014) of 52.225-3. 

 __ (iv) Alternate III (May 2014) of 52.225-3. 

 __ (48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). 

 X __ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, 

 and statutes administered by the Office of Foreign Assets Control of the Department of the 

 Treasury). 

 __ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States 

 (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 

 2008; 10 U.S.C. 2302 Note). 

 __ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). 

 __ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) 

 (42 U.S.C. 5150). 

 __ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) 

 (41 U.S.C.4505, 10 U.S.C.2307(f)). 

 __ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 

 U.S.C.2307(f)). 

Page 8 of 11
SPE8EC-20-D-0057 

 X __ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 

 2018) (31 U.S.C. 3332). 

 __ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award 

 Management (Jul 2013) (31 U.S.C.3332). 

 __ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332). 

 __ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). 

 __ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)). 

 __ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) 

 (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). 

 __ (ii) Alternate I (Apr 2003) of 52.247-64. 

 __ (iii) Alternate II (Feb 2006) of 52.247-64. 

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial 

services, that the Contracting Officer has indicated as being incorporated in this contract by reference to 

implement provisions of law or Executive orders applicable to acquisitions of commercial items: 

[Contracting Officer check as appropriate.] 

 __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). 

 __ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). 

 __ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 

 41 U.S.C. chapter 67). 

 __ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment 

 (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67). 

 __ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment 

 (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). 

 __ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts 

 for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) 

 (41 U.S.C. chapter 67). 

 __ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts 

 for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). 

 __ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). 

 __ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). 

 __ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 

U.S.C. 1792). 

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this 

paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified 

acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. 

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller 

General, shall have access to and right to examine any of the Contractor’s directly pertinent records 

involving transactions related to this contract. 

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and 

other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or 

for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of 

this contract. If this contract is completely or partially terminated, the records relating to the work terminated 

shall be made available for 3 years after any resulting final termination settlement. Records relating to 

appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this 

contract shall be made available until such appeals, litigation, or claims are finally resolved. 

(3) As used in this clause, records include books, documents, accounting procedures and practices, and 

other data, regardless of type and regardless of form. This does not require the Contractor to create or 

maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to 

a provision of law. 

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the 

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a 

subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as 

required by the clause- 

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). 

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 

(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing 

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent 

appropriations acts (and as extended in continuing resolutions)). 

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or 

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-

91). 

Page 9 of 11
SPE8EC-20-D-0057 

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in

all subcontracts that offer further subcontracting opportunities. If the subcontract (except

subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any

public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer

subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down

required in accordance with paragraph (l) of FAR clause 52.222-17.

(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-

40.

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O

13627).

(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts

for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C.

chapter 67).

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts

for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42

U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx.1241(b) and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of

FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal

number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause) 

Page 10 of 11
SCHEDULE OF ITEMS

Item # Item Description Model Number 

1 Medium Vocational Truck MV

2 Heavy Vocational Truck HV3 Regional Haul Truck RH4 Long Haul Tractor LT5 Heavy eXtreme Trucks HX

Navistar Defense (Trucks & Trailers) SPE8EC-20-D