3PCFSU'4QBEBSP+S

 SPADARO.ROBERT.F.JR.129191504

0

Digitally signed by 

SPADARO.ROBERT.F.JR.1291915040 

Date: 2020.12.14 13:34:16 -05'00'


 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)

TRUCK COUNTRY OF WISCONSIN, INC. 

5000 CAKE PKWY 

DE FOREST WI 53532-1904 

USA 

CODE 7P9N7 FACILITY CODE

10A. MODIFICATION OF CONTRACT/ORDER NO.

SPE8EC-20-D-0053

10B. DATED (SEE ITEM 13)

2020 FEB 07

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:

X

E. IMPORTANT: Contractor X 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.)

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) 53.243

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: Howard Page 

 PEPCBEZ Tel: 2-5-737-5280 Email: DLA-TS-FCCD.Inquiry@dla.mil

DCMA CHICAGO 

1523 WEST CENTRAL ROAD 

ARLINGTON HEIGHTS IL 60005-2451 

USA

 15C. DATE SIGNED

Howard Page 

 DLA-TS-FCCD.Inquiry@dla.mil 

 2020 AUG 12

16C. DATE SIGNED

2020 AUG 12

X

D. OTHER (Specify type of modification and authority)

In Accordance with FAR 1.108(d)(3)

Howard Page

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

SPE8EC-20-D-0053 / P00001

THIS CONTRACT IS MODIFIED TO INCLUDE FAR 52.204-25, PROHIBITION ON CONTRACTING FOR CERTAIN 

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020) AND SUPPLEMENT FAR PROVISION 

52.204-24, REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR 

EQUIPMENT (AUG 2020), AND DFARS PROVISION 252.204-7016, COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR 

SERVICES—REPRESENTATION (DEC 2019), AS FOLLOWS: 

- THE CONTRACTOR REPRESENTS AND AGREES TO THE FOLLOWING CONDITIONS BY PERFORMANCE AGAINST THIS CONTRACT, 

INCLUDING PERFORMANCE OF A TASK OR DELIVERY ORDER THAT IT: 

(1) WILL NOT PROVIDE COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES TO THE GOVERNMENT IN THE 

PERFORMANCE OF ANY CONTRACT, SUBCONTRACT OR OTHER CONTRACTUAL INSTRUMENT IN ACCORDANCE WITH FAR 52.204-24

(d)(1)); 

(2) DOES NOT USE COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES, OR USE ANY EQUIPMENT, SYSTEM, OR 

SERVICE THAT USES COVERED TELECO MMUNICATIONS EQUIPMENT OR SERVICES IN ACCORDANCE WITH FAR 52.204-24(d)

(2); AND 

(3) DOES NOT PROVIDE COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES AS A PART OF ITS OFFERED 

PRODUCTS OR SERVICES TO THE GOVERNMENT IN THE PERFORMANCE OF ANY CONTRACT, SUBCONTRACT, OR OTHER 

CONTRACTUAL INSTRUMENT IN ACCORDANCE WITH DFARS 252.204-7016(C). 

[THESE REPRESENTATIONS REPLACE THE MANUAL BLOCK CHECKS IN FAR 52.204-24(D)(1) ([ ] WILL NOT) AND (D)(2) 

([ ] DOES NOT) AND DFARS 25 2.204-7016(C) ([ ] DOES NOT).] 

IF THE CONTRACTOR DETERMINES THAT ANY OF THESE REPRESENTATIONS ARE NO LONGER ACCURATE OR IS NOT ACCURATE 

WITH RESPECT TO A PARTICULAR TASK OR DELIVERY ORDER, IT SHALL IMMEDIATELY NOTIFY THE CONTRACTING OFFICER 

IN WRITING. 

SPE8EC-20-D-0053 2 

TRUCK COUNTRY OF WISCONSIN, INC. (Mfr: Freightliner) 

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 Requests 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. FAR 52.216-2 Economic Price Adjustment – Standard Supplies (Jan 1997), which was completed by

Truck Country and returned to DLA Troop Support on June 20, 2019 is hereby incorporated into the

contract.

d. DFARS 252.247-7022 Representation of Extent of Transportation by Sea, which was completed by Truck

Country and returned to DLA Troop Support on June 20, 2019 is hereby incorporated into the contract.

e. Place of Performance – Government Inspection, Acceptance and Shipping Point which was completed by

Truck Country and returned to DLA Troop Support on June 20, 2019 is hereby incorporated into the

contract.

f. The Unique Entity Identifier Number, as referenced on page 4 of the solicitation, was corrected by Truck

Country to read and returned to DLA Troop Support on December 12, 2019 and is hereby

incorporated into the contract.

g. The Truck Country’s Warranty covers equipment used or operated in the United States (including Alaska

and Hawaii) as required on pages 12, 29 and 30 of Solicitation SPE8EC-17-R-0008 and is acceptable to

DLA Troop Support and hereby incorporated into the contract. The Contractor’s warranty fails to cover

equipment used or operated in all areas outside the United States, as required on pages 12 and 29 of

Solicitation SPE8EC-17-R-0002. Currently, the Contractor’s warranty covers only the following areas

outside the United States: Barbados, Bolivia, Caribbean, Chile, Colombia, Costa Rica, Dominican

Republic, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Peru, Puerto Rico, Uruguay,

Venezuela, Egypt, Israel, Jordan, Oman, Saudi Arabia, South Africa (PARTS AND SERVICE ONLY), United

Arab Emirates, Australia, Guam, New Zealand, Germany, Russia, Denmark, Bahrain, Switzerland, Poland,

Hungary, Greece, Austria, Ireland. Therefore, the Contractor is not authorized to provide a quotation

in response to any Request For Quote (RFQ) that requires delivery to any other OCONUS location.

For purposes of this contract, Alaska and Hawaii are not included as OCONUS locations. If during the period

of this contract, the Contractor is able to provide warranty coverage for additional areas outside the United

States, the Contractor may request a Modification to this contract revising the quoting restrictions. The

request for modification must be accompanied by supporting documentation.

h. The product base list unit prices set forth in the contractor’s proposal dated July 11, 2018, and the final

proposal discounts dated December 19, 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 Truck Country’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. 

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

7024, Notification of Transportation of Supplies by Sea.

j. 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 
SPE8EC-20-D-0053 3 

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 8 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. 

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 11, 2018, and the final

proposal discounts dated December 19, 2019, are applicable to the items specified in this contract and are

shown on page 11 of this contract.
SPE8EC-20-D-0053 4 

(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, Arlington Heights, IL 60005-2451

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) 

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) (10 U. S. C. 2207). 

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 (OCT 

2016) 

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 (MAR 2018)

DFARS 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (MAY 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 252.226-7001, 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) 
SPE8EC-20-D-0053 5 

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 pages 12-16 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.

(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, unless the requirement is in support of a Foreign Military Sale (FMS)

which will be awarded as FOB Origin delivery.

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 

 M2 

 

 SD & 

 Cascadia 

 

[ ] (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) above. 

[ ] (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:
SPE8EC-20-D-0053 6 

ITEM NO. PLANT NAME AND 

ADDRESS 

 GOVERNMENT 

 INSPECTION OFFICE 

 All 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: 

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

by the Contracting Officer. 

The “Note” referenced on page 14 of the original solicitation (under the ADDENDUM TO FAR 52.212-4), 

which is incorporated by reference into the basic contract, is revised from: “FAR 52.246-2, Inspection of 

Supplies – Fixed Price (AUG 1996) is hereby included in this solicitation and resulting contract and takes 

precedence over FAR 52.212-4(a)” to: “Inspection/Acceptance shall be in accordance with FAR 52.246-2, 

Inspection of Supplies – Fixed Price (AUG 1996) or FAR 52.212-4 Contract Terms and conditions – 

Commercial Items (JAN 2017) paragraph (a) Inspection/Acceptance.” The applicable clause will be 

determined by the Contracting Officer upon the issuance of each delivery order. In the absence of 

either clause, FAR 52.246-2, Inspection of Supplies – Fixed Price (AUG 1996) applies. 

Warranty 

 

The Contractor’s warranty fails to cover equipment used or operated in all areas outside the United States, 

as required on pages 12, 29 and 30 of Solicitation SPE8EC-17-R-0008. For purposes of this contract, 

Alaska and Hawaii are not included as OCONUS locations. Currently, the Contractor’s warranty covers 

only the following areas outside the United States: Barbados, Bolivia, Caribbean, Chile, Colombia, Costa 

Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Peru, Puerto 

Rico, Uruguay, Venezuela, Egypt, Israel, Jordan, Oman, Saudi Arabia, South Africa (PARTS AND SERVICE 

ONLY), United Arab Emirates, Australia, Guam, New Zealand, Germany, Russia, Denmark, Bahrain, 

Switzerland, Poland, Hungary, Greece, Austria, Ireland. Based on this information, the Contractor is not 

authorized to provide a quotation in response to any Request For Quote (RFQ) that requires delivery 

to any other OCONUS location. 
SPE8EC-20-D-0053 7 

If during the period of this contract, the Contractor is able to provide warranty coverage for additional areas 

outside the United States, the Contractor may request a Modification to this contract revising the quoting 

restrictions. The request for modification must be accompanied by supporting documentation. 

Truck Country’s Warranty covers equipment used or operated outside the United States for the above stated 

countries as required on pages 12, 29 and 30 of Solicitation SPE8EC-17-R-0008. Truck Country’s Warranty 

for the above reference countries is acceptable to DLA Troop Support and hereby incorporated into the 

contract. 

 



FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT 

 STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (OCT 2019) 

(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)). 

(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 89(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, 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 

 (Jun 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 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)). 
SPE8EC-20-D-0053 8 

_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). 

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (OCT 2019) (E.O. 13126). 

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

_X_ (28) (i) 52.222-26, Equal Opportunity (Sep 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). (E. O. 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 Television (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. 13696). 

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

___ (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. 
SPE8EC-20-D-0053 9 

___ (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)). 

_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)(12)). 

___ (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) (E.O. 13658). 

___ (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. 
SPE8EC-20-D-0053 10

(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). 

(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 (1) of FAR clause 52.222-17. 

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

(viii) 52.222-26, Equal Opportunity (Sep 2016) (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 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) 
Item 

# Description of Item Make/Model Number of Item Delivery (Days after award) Base List Price of Item % of Disc (Base Unit/ 1 EA) 

D

(B

1 Freightliner - Medium Duty Truck M22 Freightliner - Severe Duty Truck SD3 Freightliner - Heavy Duty Truck Cascadia

1 Freightliner - Medium Duty Truck M2

2 Freightliner - Severe Duty Truck SD3 Freightliner - Heavy Duty Truck Cascadia

Federal Excise Tax INCLUDED

Federal Excise Tax NOT included

SPE8EC-20-D-0053: Truck Country (Mfr: Freightliner) - Trucks & Trailers