AWARD/CONTRACT 1. THIS CONTRACT IS A RATED ORDER 

 UNDER DPAS (15 CFR 700)

 RATING

 5. ISSUED BY CODE 6. ADMINISTERED BY (If other than Item 5) CODE

15A. ITEM NO. 15B. SUPPLIES/SERVICES 15C. QUANTITY 15D. UNIT 15E. UNIT PRICE 15F. AMOUNT

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

 

 FOB ORIGIN OTHER (See below)

(4 copies unless otherwise 

specified)

 11. SHIP TO/MARK FOR CODE 12. PAYMENT WILL BE MADE BY CODE

13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 

 

 10 U.S.C. 2304(c) 41 U.S.C. 253(c) 

14. ACCOUNTING AND APPROPRIATION DATA

16. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

A SOLICITATION/CONTRACT FORM

B SUPPLIES OR SERVICES AND PRICES/COSTS

C DESCRIPTION/SPECS./WORK STATEMENT

D PACKAGING AND MARKING

E INSPECTION AND ACCEPTANCE

F DELIVERIES OR PERFORMANCE

G CONTRACT ADMINISTRATION DATA

H SPECIAL CONTRACT REQUIREMENTS

CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE

17. CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required to 

sign this document and return copies to issuing office.) Contractor 

agrees to furnish and deliver all items or perform all the services set forth or otherwise 

identified above and on any continuation sheets for the consideration stated herein. The 

rights and obligations of the parties to this contract shall be subject to and governed by 

the following documents: (a) this award/contract, (b) the solicitation, if any, and (c) such 

provisions, representations, certifications, and specifications, as are attached or 

incorporated by reference herein. (Attachments are listed herein.) 

18. SEALED-BID AWARD (Contractor is not required to sign this document.) 

Your bid on Solicitation Number 

including the additions or changes made by you which addi ions or changes are set forth in 

full above, is hereby accepted as to the terms listed above and on any continuation sheets. 

This award consummates the contract which consists of the following documents: (a) the 

Government's solicitation and your bid, and (b) this award/contract. No further contractual 

document is necessary. (Block 18 should be checked only when awarding a sealed-bid 

contract.)

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

PAGE(S)

PART II - CONTRACT CLAUSES

(X) SEC. DESCRIPTION

PART IV - REPRESENTATIONS AND INSTRUCTIONS

I CONTRACT CLAUSES

J LIST OF ATTACHMENTS

K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF 

OFFERORS

L INSTRS., CONDS., AND NOTICES TO OFFERORS

M EVALUATION FACTORS FOR AWARD

 15G. TOTAL AMOUNT OF CONTRACT

19B. NAME OF CONTRACTOR 

 

BY

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 26 (REV. 5 /2011 )

20B. UNITED STATES OF AMERICA 

 

BY

Previous edition is usable Prescribed by GSA - FAR (48 CFR) 53.214(a) 

 

SPE3S1-23-D-Z155

2. CONTRACT (Proc. Inst. Ident ) NO.

2023 JAN 30

3. EFFECTIVE DATE

1000146867

4. REQUISITION/PURCHASE REQUEST/PROJECT NO.

CODE 6D623 FACILITY CODE

Net 30 days

9. DISCOUNT FOR PROMPT PAYMENT

12

ITEM

$39,980,000.00

X 1

19A. NAME AND TITLE OF SIGNER (Type or Print)

 19C. DATE SIGNED

Tiendung Nguyen 

TIENDUNG.NGUYEN@DLA MIL

20A. NAME OF CONTRACTING OFFICER

2023 JAN 30

 20C. DATE SIGNED

X

SEE SCHEDULE, DO NOT SHIP TO ADDRESS ON THIS PAGE

DEF F N AND ACCOUNTING SVC 

BSM 

P O BOX 182317 

COLUMBUS OH 43218-2317 

USA

SL4701

1

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

SPE3S1

DLA TROOP SUPPORT 

SUBSISTENCE SUPPLY CHA N 

700 ROBB NS AVENUE 

PHILADELPHIA PA 19111-5096 

USA 

Local Admin: Michael Olsakowski DMO0027 

Email: Michael.Olsakowski@dla mil

SPE3S1

DLA TROOP SUPPORT 

SUBSISTENCE SUPPLY CHAIN 

700 ROBBINS AVENUE 

PHILADELPHIA PA 19111-5096 

USA 

Criticality: PAS : None

SO-PAK-CO, INC. 

DBA SOPAKCO PACKAGING 

118 S CYPRESS ST 

MULLINS SC 29574-3004 

USA

See Schedule

200000.000

 10. SUBMIT INVOICES 

 

 TO THE 

 ADDRESS SHOWN IN

J PAGE 1 OF 12

Tiendung Nguyen
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SPE3S1-23-D-Z155

SECTION A - SOLICITATION/CONTRACT FORM

 

The following documents are hereby incorporated by reference into this contract: Solicitation SPE3S1-22-R-0010, all 

solicitation amendments 0001 through 0005, and your final offer, which is being accepted by the Government to form this 

contract. 

 

Tiendung Nguyen is the Administrative Contracting Officer of the resultant contract. 

 

Effective period of performance. 

Each tier year is comprised of a 365 day term. 

 

Tier 1: January 30, 2023 - January 29, 2024 

Tier 2: January 30, 2024 - January 28, 2025 

Tier 3: January 29, 2025 - January 28, 2026 

 

Guaranteed Minimum quantity: 75,000 BX (inclusive of all Tiers) 

Maximum quantity: 200,000 BX 

 

Delivery Terms: F.O.B. Destination 

Inspection and Acceptance Points: Origin 

 

Place of Performance: 

SOPAKCO, Inc. 

118 South Cypress Street 

Mullins, SC 29574-3001 

 

 

Schedule of Items: 

1. Meal, Cold Weather 

NSN:8970-01-467-1753 

 

SECTION E - INSPECTION AND ACCEPTANCE

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984) FAR

 

SECTION F - DELIVERIES OR PERFORMANCE

52.247-34 F.O.B. DESTINATION (NOV 1991) FAR

 

52.247-60 GUARANTEED SHIPPING CHARACTERISTICS (JAN 2017) FAR

(a) The offeror is requested to complete paragraph (a)(1) of this clause, for each part or component which is packed or packaged separately. This information 

will be used to determine transportation costs for evaluation purposes. If the offeror does not furnish sufficient data in paragraph (a)(1) of this clause, to 

permit determination by the Government of the item shipping costs, evaluation will be based on the shipping characteristics submitted by the offeror whose 
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SPE3S1-23-D-Z155

SECTION F - DELIVERIES OR PERFORMANCE (CONTINUED)

offer produces the highest transportation costs or in the absence thereof, by the Contracting Officer's best estimate of the actual transportation costs. If the 

item shipping costs, based on the actual shipping characteristics, exceed the item shipping costs used for evaluation purposes, the Contractor agrees that the 

contract price shall be reduced by an amount equal to the difference between the transportation costs actually incurred, and the costs which would have been 

incurred if the evaluated shipping characteristics had been accurate. 

(1) To be completed by the offeror: 

(i) Type of container: Wood Box [ ] Fiber Box [ ], Barrel [ ], Reel [ ], Drum [ ], Other (Specify) ; 

(ii) Shipping configuration: Knocked-down [ ], Set-up [ ], Nested [ ], Other (specify) ; 

(iii) Size of container: ” (Length), × ” (Width), × ” (Height) = Cubic Ft; 

(iv) Number of items per container each; 

(v) Gross weight of container and contents Lbs; 

(vi) Palletized/skidded [ ] Yes [ ] No; 

(vii) Number of containers per pallet/skid ; 

(viii) Weight of empty pallet bottom/skid and sides Lbs; 

(ix) Size of pallet/skid and contents Lbs Cube ; 

(x) Number of containers or pallets/skids per railcar * 

(A) Size of railcar 

(B) Type of railcar 

(xi) Number of containers or pallets/skids per trailer * 

(A) Size of trailer Ft 

(B) Type of trailer 

* Number of complete units (line item) to be shipped in carrier's equipment. 

(2) To be completed by the Government after evaluation but before contract award: 

(i) Rate used in evaluation ; 

(ii) Tender/Tariff ; 

(iii) Item . 

(b) The guaranteed shipping characteristics requested in paragraph (a)(1) of this clause do not establish actual transportation requirements, which are 

specified elsewhere in this solicitation. The guaranteed shipping characteristics will be used only for the purpose of evaluating offers and establishing any 

liability of the successful offeror for increased transportation costs resulting from actual shipping characteristics which differ from those used for evaluation 

in accordance with paragraph (a) of this clause. 

(End of clause)

 

SECTION I - CONTRACT CLAUSES

52.202-1 DEFINITIONS (JUN 2020) FAR

 

52.203-3 GRATUITIES (APR 1984) FAR

 

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014) FAR

 

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020) FAR

 

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT - ALTERNATE I (NOV 2021) FAR

 

52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020) FAR

 

52.203-8 CANCELLATION, RECISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) FAR

 

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) FAR

 

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020) FAR

 

52.203-14 DISPLAY OF HOTLINE POSTER (NOV 2021) FAR

As prescribed in 3.1004(b), insert the following clause: 
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SECTION I - CONTRACT CLAUSES (CONTINUED)

(a) Definition. 

“United States,” as used in this clause, means the 50 States, the District of Columbia, and outlying areas. 

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c). 

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing 

work under this contract and at contract work sites. 

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and 

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer. 

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an 

electronic version of the poster(s) at the website. 

(3) Any required posters may be obtained as follows: 

Poster(s) Obtain from 

 

 

(Contracting Officer shall insert --- 

(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster); and 

(ii) The website(s) or other contact information for obtaining the poster(s).) 

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the 

Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters. 

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed the threshold specified 

in Federal Acquisition Regulation 3.1004(b)(1) on the date of subcontract award, except when the subcontract— 

(1) Is for the acquisition of a commercial product or commercial service; or 

(2) Is performed entirely outside the United States. 

(End of clause) 

 

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF 

WHISTLEBLOWER RIGHTS (JUN 2020) FAR

 

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT-RELATED FELONIES (DEC 

2008) DFARS

 

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) FAR

 

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR

 

252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT 

INFORMATION (OCT 2016) DFARS

 

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEC 2019) DFARS

 

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991) DFARS

 

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, 

SUSPENDED, OR PROPOSED FOR DEBARMENT (NOV 2021) FAR

 

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A COUNTRY 

THAT IS A STATE SPONSOR OF TERRORISM (MAY 2019) DFARS

 

52.210-1 MARKET RESEARCH (NOV 2021) FAR

 

52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008) FAR

 

252.215-7014 EXCEPTION FROM CERTIFIED COST OR PRICING DATA REQUIREMENTS FOR FOREIGN MILITARY SALES INDIRECT 

OFFSETS (JUN 2018) DFARS

 

252.217-7015 SAFETY AND HEALTH (DEC 1991) DFARS

 
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SECTION I - CONTRACT CLAUSES (CONTINUED)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015) FAR

 

52.222-26 EQUAL OPPORTUNITY (SEP 2016) FAR

 

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020) FAR

 

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020) FAR

 

52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020) FAR

 

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) FAR

 

52.223-6 DRUG-FREE WORKPLACE (MAY 2001) FAR

 

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM - BASIC (JUN 2022) DFARS

 

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM — ALTERNATE I (JUN 2022) DFARS

 

252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (MAR 2022) DFARS

 

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (APR 2022) DFARS

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

“Component” means any item supplied to the Government as part of an end product or of another component. 

“End product” means supplies delivered under a line item of this contract. 

"Qualifying country" means a country with a reciprocal defense procurement memorandum of understanding or international agreement with 

the United States in which both countries agree to remove barriers to purchases of supplies produced in the other country or services 

performed by sources of the other country, and the memorandum or agreement complies, where applicable, with the requirements of section 

36 of the Arms Export Control Act (22 U.S.C. 2776) and with 10 U.S.C. 2457. Accordingly, the following are qualifying countries: 

Australia 

Austria 

Belgium 

Canada 

Czech Republic 

Denmark 

Egypt 

Estonia 

Finland 

France 

Germany 

Greece 

Israel 

Italy 

Japan 

Latvia 

Lithuania 

Luxembourg 

Netherlands 

Norway 
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SECTION I - CONTRACT CLAUSES (CONTINUED)

Poland 

Portugal 

Slovenia 

Spain 

Sweden 

Switzerland 

Turkey 

United Kingdom of Great Britain and Northern Ireland. 

“Structural component of a tent” -- 

(1) Means a component that contributes to the form and stability of the tent (e.g., poles, frames, flooring, guy ropes, pegs); and 

(2) Does not include equipment such as heating, cooling, or lighting. 

“United States” means the 50 States, the District of Columbia, and outlying areas. 

“U.S.-flag vessel” means a vessel of the United States or belonging to the United States, including any vessel registered or having national 

status under the laws of the United States. 

(b) The Contractor shall deliver under this contract only such of the following items, either as end products or components, that have been 

grown, reprocessed, reused, or produced in the United States: 

(1) Food. 

(2) Clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally 

associated with, clothing and the materials components thereof. Clothing includes items such as outerwear, headwear, underwear, 

nightwear. footwear, hosiery, handwear, belts, badges, and insignia. 

(3)(i) Tents and structural components of tents; 

(ii) Tarpaulins; or 

(iii) Covers. 

(4) Cotton and other natural fiber products. 

(5) Woven silk or woven silk blends. 

(6) Spun silk yarn for cartridge cloth. 

(7) Synthetic fabric, and coated synthetic fabric, including all textile fibers and yarns that are for use in such fabrics. 

(8) Canvas products. 

(9) Wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles). 

(10) Any item of individual equipment (Federal Supply Class 8465) manufactured from or containing fibers, yarns, fabrics, or materials listed 

in this paragraph (b). 

(c) This clause does not apply -- 

(1) To items listed in section 25.104(a) of the Federal Acquisition Regulation, or other items for which the Government has determined that 

a satisfactory quality and sufficient quantity cannot be acquired as and when needed at U.S. market prices; 

(2) To incidental amounts of cotton, other natural fibers, or wool incorporated in an end product, for which the estimated value of the cotton, 

other natural fibers, or wool -- 

(i) Is not more than 10 percent of the total price of the end product; and 

(ii) Does not exceed the threshold at Defense Federal Acquisition Regulation Supplement 225.7002-2(a); 

(3) To waste and byproducts of cotton or wool fiber for use in the production of propellants and explosives; 

(4) To foods, other than fish, shellfish, or seafood, that have been manufactured or processed in the United States, regardless of where the 

foods (and any component if applicable) were grown or produced. Fish, shellfish, or seafood manufactured or processed in the United 

States and fish, shellfish, or seafood contained in foods manufactured or processed in the United States shall be provided in accordance 

with paragraph (d) of this clause; 

(5) To chemical warfare protective clothing produced in a qualifying country; or 

(6) To fibers and yarns that are for use in synthetic fabric or coated synthetic fabric (but does apply to the synthetic or coated synthetic 

fabric itself), if -- 

(i) The fabric is to be used as a component of an end product that is not a textile product. Examples of textile products, made in whole or 

in part of fabric, include 3⁄4 

(A) Draperies, floor coverings, furnishings, and bedding (Federal Supply Group 72, Household and Commercial Furnishings and 

Appliances); 
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SECTION I - CONTRACT CLAUSES (CONTINUED)

(B) Items made in whole or in part of fabric in Federal Supply Group 83, Textile/leather/furs/apparel/findings/tents/flags, or Federal 

Supply Group 84, Clothing, Individual Equipment and Insignia; 

(C) Upholstered seats (whether for household, office, or other use); and 

(D) Parachutes (Federal Supply Class 1670); or 

(ii) The fibers and yarns are para-aramid fibers and continuous filament para-aramid yarns manufactured in a qualifying country. 

(d)(1) Fish, shellfish, and seafood delivered under this contract, or contained in foods delivered under this contract -- 

(i) Shall be taken from the sea by U.S.-flag vessels; or 

(ii) If not taken from the sea, shall be obtained from fishing within the United States; and 

(2) Any processing or manufacturing of the fish, shellfish, or seafood shall be performed on a U.S.-flag vessel or in the United States. 

(End of clause)

 

52.226-6 PROMOTING EXCESS FOOD DONATION TO NONPROFIT ORGANIZATIONS (JUN 2020) FAR

 

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN 

SMALL BUSINESS CONCERNS (SEP 2004) DFARS

 

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) FAR

 

52.232-17 INTEREST (MAY 2014) FAR

 

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014) FAR

 

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (NOV 2021) FAR

 

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018) DFARS

As prescribed in 232.7004 (b), use the following clause: 

(a) Definitions. As used in this clause- 

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization. 

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). 

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system. 

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by 

DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. 

(c) WAWF access. To access WAWF, the Contractor shall- 

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and 

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site. 

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site 

before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://

wawf.eb.mil/ 

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol. 

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for 

this contract/order: 

(1) Document type. The Contractor shall use the following document type(s). 

 

(Contracting Officer: Insert applicable document type(s). 

Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving 

Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by 

the contracting officer. 

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating 

payment requests and receiving reports in the system. 

Routing Data Table*

Field Name in WAWF Data to be entered in 

WAWF

Pay Official DoDAAC
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SECTION I - CONTRACT CLAUSES (CONTINUED)

Field Name in WAWF Data to be entered in 

WAWF

Issue By DoDAAC

Admin DoDAAC

Inspect By DoDAAC

Ship To Code

Ship From Code

Mark For Code

Service Approver 

(DoDAAC)

Service Acceptor 

(DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline 

item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as 

defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. 

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of 

WAWF once a document is submitted in the system. 

(Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(g) WAWF point of contact. 

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. 

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. 

(End of clause)

 

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) DFARS

 

52.233-3 PROTEST AFTER AWARD (AUG 1996) FAR

 

52.242-13 BANKRUPTCY (JUL 1995) FAR

 

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENTS (DEC 2012) DFARS

(a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract adjustment for which the 

Contractor believes the Government is liable. The request shall include only costs for performing the change, and shall not include any costs 

that already have been reimbursed or that have been separately claimed. All indirect costs included in the request shall be properly allocable 

to the change in accordance with applicable acquisition regulations. 

(b) In accordance with 10 U.S.C. 2410(a), any request for equitable adjustment to contract terms that exceeds the simplified acquisition 

threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to certify the request on behalf of 

the Contractor: 

I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and 

belief. 

(Official's Name) 

 

(Title) 

 

(c) The certification in paragraph (b) of this clause requires full disclosure of all relevant facts, including 
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SECTION I - CONTRACT CLAUSES (CONTINUED)

(1) Certified cost or pricing data, if required, in accordance with subsection 15.403-4 of the Federal Acquisition Regulation (FAR); and 

(2) Data other than certified cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including actual cost data and data to 

support any estimated costs, even if certified cost or pricing data are not required. 

(d) The certification requirement in paragraph (b) of this clause does not apply to 

(1) Requests for routine contract payments; for example, requests for payment for accepted supplies and services, routine vouchers under 

a cost-reimbursement type contract, or progress payment invoices; or 

(2) Final adjustments under an incentive provision of the contract. 

(End of clause)

 

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JAN 2021) DFARS

 

52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003) FAR

(a) Definitions. As used in this clause. 

“Acceptance” means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, 

ownership of existing supplies, or approves specific services as partial or complete performance of the contract. 

“Supplies” means the end items furnished by the Contractor and related services required under this contract. The word does not include “data.” 

(b) Contractor's obligations. 

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning 

the conclusiveness thereof, the Contractor warrants that for 6 Months Following Delivery [Contracting Officer shall state specific period of time after 

delivery, or the specified event whose occurrence will terminate the warranty period; e.g., the number of miles or hours of use, or combinations of any 

applicable events or periods of time]. 

(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this 

contract; and 

(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the 

requirements of this contract. 

(2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the 

Contractor. However, the Contractor's liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual 

commercial method of shipment between the place of delivery specified in this contract and the Contractor's plant, and return. 

(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same 

extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this 

clause and shall run from the date of delivery of the corrected or replaced supplies. 

(4) All implied warranties of merchantability and “fitness for a particular purpose” are excluded from any obligation contained in this contract. 

(c) Remedies available to the Government. 

(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within 6 Months 

After Final Contract Delivery [Contracting Officer shall insert specific period of time; e.g., “45 days of the last delivery under this contract,” or “45 

days after discovery of the defect”]. 

(2) Within a reasonable time after the notice, the Contracting Officer may either. 

(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and 

marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or 

(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances. 

(3)(i) If the contract provides for inspection of supplies by sampling procedures, conformance of supplies or components subject to warranty action 

shall be determined by the applicable sampling procedures in the contract. The Contracting Officer. 

(A) May, for sampling purposes, group any supplies delivered under this contract; 

(B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which 

warranty action is proposed; 

(C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of 

such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on 

which warranty action is proposed; and 

(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots. 

(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer 

may exercise one or more of the following options: 

(A) Require an equitable adjustment in the contract price for any group of supplies. 

(B) Screen the supplies grouped for warranty action under this clause at the Contractor's expense and return all nonconforming supplies to 

the Contractor for correction or replacement. 

(C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United States and to 

correct or replace all nonconforming supplies. 
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(D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b. point or the point of 

acceptance) for screening and correction or replacement. 

(4)(i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source 

and charge to the Contractor the cost occasioned to the Government thereby if the Contractor. 

(A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or 

(B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to 

endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or 

such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such 

failure. 

(ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In 

addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for 

the Contractor's account in a reasonable manner. The Government is entitled to reimbursement from the Contractor, or from the proceeds of such 

disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be 

incurred. 

(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any 

other clause of this contract. 

(End of clause)

 

252.247-7023 TRANSPORATION OF SUPPLIES BY SEA --- BASIC (FEB 2019) DFARS

Basic. As prescribed in 247.574 (b) and (b)(1), use the following clause: 

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

“Components” means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the 

Contractor or any subcontractor. 

“Department of Defense” (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies. 

“Foreign-flag vessel” means any vessel that is not a U.S.-flag vessel. 

“Ocean transportation” means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters. 

“Subcontractor” means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results 

from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract. 

“Supplies” means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of 

transportation by sea. 

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract 

number or a military destination. 

(ii) “Supplies” includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, 

and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; 

construction materials; and components of the foregoing. 

“U.S.-flag vessel” means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the 

laws of the United States. 

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract. 

 (2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if -- 

 (i) This contract is a construction contract; or 

 (ii) The supplies being transported are -- 

 (A) Noncommercial items; or 

 (B) Commercial items that -- 

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it 

subcontracts for f.o.b. destination shipment); 

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping 

operations; or 

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643. 

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-

flag vessels, if the Contractor or a subcontractor believes that -- 

 (1) U.S.-flag vessels are not available for timely shipment; 

 (2) The freight charges are inordinately excessive or unreasonable; or 

 (3) Freight charges are higher than charges to private persons for transportation of like goods. 

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date 

necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the 

Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other 

clause of this contract. Requests shall contain at a minimum -- 
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 (1) Type, weight, and cube of cargo; 

 (2) Required shipping date; 

 (3) Special handling and discharge requirements; 

 (4) Loading and discharge points; 

 (5) Name of shipper and consignee; 

 (6) Prime contract number; and 

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at 

least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose. 

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office 

of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating 

carrier's ocean bill of lading, which shall contain the following information: 

 (1) Prime contract number; 

 (2) Name of vessel; 

 (3) Vessel flag of registry; 

 (4) Date of loading; 

 (5) Port of loading; 

 (6) Port of final discharge; 

 (7) Description of commodity; 

 (8) Gross weight in pounds and cubic feet if available; 

 (9) Total ocean freight in U.S. dollars; and 

 (10) Name of steamship company. 

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to 

the best of its knowledge and belief -- 

 (1) No ocean transportation was used in the performance of this contract; 

 (2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract; 

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; 

or 

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the 

Contracting Officer. The Contractor shall describe these shipments in the following format: 

* ITEM DESCRIPTION CONTRACT LINE 

 ITEMS QUANTITY

TOTAL

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject 

and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized 

use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized 

use. 

(h) If the Contractor indicated in response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not anticipate 

transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by sea, the Contractor shall 

-- 

(1) Notify the Contracting Officer of that fact; and 

 (2) Comply with all the terms and conditions of this clause. 

(i) In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the 

Contractor shall flow down the requirements of this clause as follows: 

(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition 

threshold in part 2 of the Federal Acquisition Regulation. 

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or below 

the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation. 

(End of clause)

 

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012) FAR

 

52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984) FAR

 
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52.253-1 COMPUTER GENERATED FORMS (JAN 1991) FAR

 

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES 

(JAN 2021) DFARS

 

SECTION J - LIST OF ATTACHMENTS

List of Attachments

Description File Name

ATTACH__ SOPAKCO MCW Award.

pdf