10. FOR

 INFORMATION 

 CALL: 

13. DISCOUNT FOR PROMPT PAYMENT 

(See Section I, Clause No. 52.232-8)

 SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER 

 UNDER DPAS (15 CFR 700)

 RATING

2. CONTRACT No.

SPE3S1-22-R-0002

3. SOLICITATION No. 4. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

2022 JAN 13

5. DATE ISSUED

1000135030

 6. REQUISITION/PURCHASE No. 

7. ISSUED BY 8. ADDRESS OFFER TO

NOTE : In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if

handcarried, in the depository located in local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions 

contained in this solicitation.

 11. TABLE OF CONTENTS

DESCRIPTION

25. PAYMENT WILL BE MADE BY

CODE

 SOLICITATION

until

(Hour) (Date)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION NOT USABLE

 STANDARD FORM 33 (Rev.9-97)

 Prescribed by GSA FAR (48 CFR) 53.214 (c)

OFFER (Must be fully completed by offeror )

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

AWARD (To be completed by Government)

 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

 (Type or print)

 14. ACKNOWLEDGMENT OF AMENDMENTS (The offeror acknowledges receipt of 

amendments to the SOLICITATION for offerors

and related documents numbered and dated):

12. In compliance with the above, the undersigned agrees, if this offer is accepted within

period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite 

each item, delivered at the designated point(s), within the time specified in the schedule.

CONTRACT ADMINISTRATION DATA L INSTRS., CONDS., AND NOTICES TO OFFERORS

SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

(X) PAGE(S) SEC. DESCRIPTION PAGE(S)

SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

 PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES

DESCRIPTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

DELIVERIES OR PERFORMANCE

K REPRESENTATIONS, CERTIFICATIONS AND OTHER 

STATEMENTS OF OFFERORS

AMENDMENT NO. DATE AMENDMENT NO. DATE

 G

 H

SEC. 

 B

 A

 C

 E

 D

 F

(X)

CODE FACILITY 

15C. CHECK IF REMITTANCE ADDRESS IS 

DIFFERENT FROM ABOVE - ENTER SUCH 

ADDRESS IN SCHEDULE

 17. SIGNATURE

19. ACCEPTED AS TO ITEMS NUMBERED

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN

 24. ADMINISTERED BY (If other than item 7) CODE CODE

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer )

 26. NAME OF CONTRACTING OFFICER (Type or print)

calendar days (60 calendar days unless a different 

 15A. NAME AND 

 ADDRESS 

 OF OFFER- 

 OR 

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

DLA TROOP SUPPORT 

SUBSISTENCE SUPPLY CHAIN 

700 ROBBINS AVENUE 

PHILADELPHIA PA 19111-5096 

USA

See Continuation Sheet

1

Business Opportunities Office, Building 45-C-167 3:00PM 2022-Feb-22

Jayson Marbach DJM0103

A. NAME

Phone: 215-737-7346-X-7346

B. PHONE/FAX (NO COLLECT CALLS)

Jayson.1.Marbach@dla.mil

 C. EMAIL ADDRESS

X 1

15B. TELEPHONE NUMBER 18. OFFER DATE

28. AWARD DATE

20. AMOUNT

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

21. ACCOUNTING AND APPROPRIATION

ITEM

SPE3S1

AREA CODE NUMBER EXT.

(4 copies unless otherwise specified)

PAGE 1 OF 79
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 2 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION A - SOLICITATION/CONTRACT FORM

TECHNICAL REQUIREMENTS

THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN `R' OR AN `I' NUMBER IN 

SECTION B) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE 

WEB AT: 

http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN 

EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF 

THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOWON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS. 

 

SECTION A

SOLICITATION AND OFFER - FORM SF33 

 

(CONTINUATION SHEET) 

 

A-1 

 

Note: All hand carried offers are to be delivered to the Business Opportunities Office between 8:00 a.m. and 5:00 p. 

m (See COVID-19 Notice below for revised location and hours), Monday through Friday, except for legal federal 

holidays as set forth in 5 USC 6103, and except on the closing date of this solicitation, in which case delivery must 

be made by the time set for receipt of offers as stated in Block 9 of the Standard Form 33. Offerors using a 

commercial carrier service must ensure that the carrier service “hand carries” the package to the Business 

Opportunities Office (See COVID-19 Notice below for revised location and hours) specified above for hand 

carried offers prior to the scheduled closing time above. Package must be plainly marked ON THE OUTSIDE OF 

THE COMMERCIAL CARRIER'S ENVELOPE with the solicitation number, date, and time set forth for receipt of 

offers as indicated in Block 9 of the Standard Form 33. 

 

Examples of “hand carried” offers include: In-person delivery by Contractor, Fed Ex, Airborne, UPS, DHL, 

Emery, other commercial carrier, USPS Express Mail and USPS Certified Mail. 

 

Offerors intending to deliver offers in-person should be advised that the Business Opportunities Office (Bid Room) 

is located within a secured military installation. In order to gain access to the facility, an escort may be required. 

The escort will be an employee of the Bid Room. The following are telephone numbers for the Bid Room: (215) 

737-8511, (215) 737-9044, (215) 737-7382, (215) 737-0317, or (215) 737-8556 (See COVID-19 Notice below for 

revised location and hours). It is the offeror's responsibility to ensure that the offers are received at the correct 

location at the correct time. Please allow sufficient time to complete delivery of hand carried offers. Since the 

length of time necessary to gain access to the facility varies based on a number of circumstances, it is 

recommended that you arrive at the installation at least one hour prior to the time that the solicitation closes to 

allow for security processing and to secure an escort. 

 

Note: This is a suggestion and not a guarantee that you will gain access to the base if you arrive one hour before 

the offer is due.

 

COVID-19 NOTICE: 

 

DUE TO COVID-19, THE BID ROOM WILL NOT ACCEPT ANY PROPOSAL SUBMISSIONS AND INPERSON DELIVERIES BY A CONTRACTOR ARE NOT AUTHORIZED UNTIL FURTHER NOTICE. 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 3 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION A - SOLICITATION/CONTRACT FORM (CONTINUED)

IN-PERSON DELIVERIES MAY BE MADE BY COMMERCIAL CARRIER; HOWEVER, OFFERORS 

ARE CAUTIONED THAT THE ON-BASE MAILROOM ACCEPTING THOSE DELIVERIES IS OPEN 

ONLY FROM 8:00 AM ET TO 11:00 AM ET MONDAY THROUGH FRIDAY (ASIDE FROM FEDERAL 

HOLIDAYS). ANY DELIVERIES RECEIVED OUTSIDE OF THOSE HOURS WILL BE REJECTED. IT 

IS SOLELY THE OFFEROR'S RESPONSIBILITY TO ENSURE ITS PROPOSAL IS RECEIVED BY 

THE DATE AND TIME SPECIFIED GIVEN THE LIMITATIONS OF DLA TROOP SUPPORT'S 

RECEIVING OFFICE LISTED IN SECTION L AND BELOW: 

 

ATTN: JAYSON MARBACH AND TIENDUNG NGUYEN

DLA TROOP SUPPORT 

700 ROBBINS AVENUE 

ATT:BUSINESS OPPORTUNITIES OFFICE,BLDG 45-C-167 

PHILADELPHIA, PA 19111 

 

Facsimile offers are not acceptable forms of transmission of initial proposals or revisions to initial proposals. 

E-mail offers are acceptable, and the suggested form of transmission, for submission of initial proposals except for the 

initial Product Demonstration Models. E-mail offers should be sent to the Contract Specialist, Jayson Marbach 

(jayson.1.marbach@dla.mil) and the Contracting Officer, Teindung Nguyen (tiendung.nguyen@dla.mil). Although email offers are acceptable, all Product Demonstration Models must be delivered to the location identified above and in 

Section L by the date and time set for receipt of proposals. 

Note:

Offerors are advised that DLA Troop Support systems have certain email size and transmission limitations. Proposal 

submissions must be prepared accordingly. Individual email attachments should not exceed 5MB in size, and no 

individual email should exceed more than 10 MB per email (multiple email submissions may be necessary). When 

submitting multiple emails as a submission, label each email with a number (e.g., 1 of 8), accordingly. After 

transmitting an email submission, offerors should confirm receipt of all emails with the intended recipients. 

It is an offeror's responsibility to ensure its entire proposal is received by the date and time specified; emails must be 

transmitted in sufficient time to ensure and confirm receipt by the Government. Offerors are advised that DLA Troop 

Support's email system may rely on several different servers and/or security firewalls. As a result, there may be a lag 

time between the date/time stamp the offeror sends an offer via email and the date/time stamp indicates the offer is 

received by the authorized email address. For the purposes of establishing the timeliness of a proposal, only the date/

time indicated by the authorized email address as having been received will be used. Any offer that is received by the 

authorized email address with a date/time stamp after the closing date/time of the subject solicitation will be 

considered late, regardless of the date/time when the email was sent or when initially received by Government 

servers. Late proposals will not be accepted or considered. 

As directed by the Contracting Officer, e-mail may also be used during discussions/negotiations, if discussions/

negotiations are held, and for proposal revision(s), including Final Proposal Revision(s). The Contract Specialist, 

Jayson Marbach (jayson.1.marbach@dla.mil) and the Contracting Officer, Tiendung Nguyen (tiendung.nguyen@dla.

mil). may receive the e- mailed proposal revisions. If and when a request for proposal revision is issued, the date and 

time for receipt of proposal revisions, will be designated in that request. Submission of proposals and any revisions 

are subject to the terms of FAR 52.215-1. 

Note: Submission of proposals through the upload capability in DIBBs is prohibited.

Note: The Government reserves the right to evaluate offers and make award(s) without discussions with offerors. 

Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 4 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION A - SOLICITATION/CONTRACT FORM (CONTINUED)

However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to 

be necessary.

Note: In accordance with L09 Reverse Auction (OCT 2016), the Government may utilize Reverse Auction as a 

pricing technique under this solicitation.

Note: Included in Section I are the full text versions of the Cyber Incidents clauses, DFARS 252.204-7008, 

252.204-7009, and 252.204-7012.

A-2 

CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS 

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. To promote compliance with 

such code of business ethics and conduct, contractors should have an employee business ethics and compliance 

training program and internal control system that is suitable to the size of the company and extent of its involvement 

in Government contracting, 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) 

This solicitation and the resulting contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS 

ETHICS AND CONDUCT; contained elsewhere in the solicitation or contract. 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) 

**NOTE: Offerors must be registered in the System for Award Management (www.SAM.gov). Those not 

registered in SAM may be considered non-responsible. Upon registration, a CAGE code will be assigned to the 

registered firm. This code shall be placed in the box next to “code” in block 15A of the cover sheet. 

All clauses incorporated in full text throughout the entire solicitation must be filled out as applicable. 

FOB Destination terms are applicable to this solicitation. 

DLA Troop Support and U.S. Combat Capabilities Command - Soldier Center (Natick) addresses for PDM 

submissions can be found in Section L-4. 

All materials pertaining to the Technical Proposal, Business (Price) Proposal, and Additional Submission 

Requirements must be submitted with initial offer. 

 

 

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

SECTION B
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 5 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)

B-1 Items to be Supplied 

 

A. Estimated Requirements 

 

Line NSN Item Estimated Yearly Quantity (EA) 

0001 8920-01-651-9083 Chocolate 1,600,000 

0002 8920-01-698-5995 Salted Caramel 1,200,000 

0003 8920-01-698-5993 Tart Cherry Berry 1,200,000 

 

These estimated quantities are based on forecasts provided by the Army. The Government is not obligated to order 

estimated quantities. 

B. Indefinite-Quantity Contract (IQC) Quantities

The IQC minimum and IQC maximum quantities for each Performance Readiness Bar flavors are as follows (Unit of 

measure for each flavor is each (EA)): 

 

Line Item Guaranteed Min. (3 tiers) Maximum (3 tiers) 

 

0001 Chocolate 1,600,000 7,200,000 

0002 Salted Caramel 1,200,000 5,400,000 

0003 Tart Cherry Berry 1,200,000 5,400,000

 

C. Delivery Schedule 

Proposals for each Performance Readiness Bar flavor must be made on an F.O.B. Destination basis. Any offers 

submitted on a basis other than F.O.B. Destination will be rejected as nonresponsive. 

Locations: 

Fort Benning 

Fort Benning, GA 31905 

 

Fort Jackson 

Strom Thurmond Blvd, 

Columbia, SC 29207 

 

Fort Sill 

4700 Mow-Way Road 

Fort Sill, OK 72503. 

Fort Leonard Wood 

Fort Leonard Wood, MO 65473 

 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 6 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)

Note: Some or all of these locations could change during the performance of the contract, or new locations 

may be added. Delivery must be made to the specified delivery destination at no additional cost to the 

Government. Actual ordering quantities and shipping information will be provided in individual delivery order

(s). Orders will be placed on an F.O.B Destination basis only.

 

B-2 General Information 

The effective term of the contract will contain three (3) consecutive tiered delivery periods. Each tier will be 365 

days in length. The first delivery period will begin upon date of award, unless otherwise specified in the resultant 

contract. 

This solicitation is unrestricted to business size. The North American Industry Classification System (NAICS) codes 

under this solicitation for each Performance Readiness Bar flavor is as follows: 

 

Line Item NAICS Code Size Standard (# Employees) 

 

0001 Chocolate 311812 1000 

0002 Salted Caramel 311812 1000 

0003 Tart Cherry Berry 311812 1000

 

 

B-3 Pricing Tiers 

 

The effective period of the contract for Tier 1 will be from the effective date of award through 365 days. Tier 2 will 

begin after the 365th day of Tier 1 and will be the same length of 365 days. The same pattern will follow for Tier 3.

The performance period of the contract will end on the 365th day of Tier 3. 

 

Note: Performance Readiness Bar prices will be based on the tier period an order is placed, not when an order is 

shipped or delivered. For example, if an order is placed during tier 2, but delivery is made during tier 3, then the 

prices in effect for that order will be the tier 2 prices

 

B-4 Indefinite Quantity Contract 

This solicitation will result in an Indefinite-Quantity Contract (IQC), as provided in FAR Clause 52.216-22 Indefinite 

Quantity (OCT 1995). In an IQC, the Government awards a range of quantities rather than a single fixed quantity. 

The bottom of the range is the minimum (the IQC minimum quantity), which the Government is obliged to order and 

which is all it is committed to order. The top of the range is the maximum (The IQC maximum quantity) which is the 

largest quantity the Government may order, and which the contractor agrees to provide if ordered. The Government 

may order a quantity within that range. Sometimes an estimated quantity is stated also; this may be the same as the 

minimum or the maximum, or it may be a quantity within the IQC range. 

 

B-5 Product Demonstration Models (PDMs) 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 7 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)

 

Acceptable PDMs, also referred to as approved PDMs, will be used as production standards by both the Contractor 

and the Government. The production lots/product-codes used as the production standards by both the Contractor 

and the Government must be identical. The approval of any PDM will not constitute a waiver of the requirement 

that all delivered product must meet all other solicitation/contractual requirements, such as but not limited to, 

analytical requirements, physical requirements, microbiological requirements and/or performance requirements 

unless specifically stated by the Contracting Officer. The offeror/contractor will be responsible for the shipment of 

PDM samples to Natick, to DLA Troop Support, and to hold samples at the Contractor's site. 

 

The contractor is required to retain and possess its own set of approved PDMs and will be responsible for the 

distribution of approved PDMs to Government entities, when required by the Contracting Officer, throughout contract 

performance. 

 

 

Initial PDM 

 

PDMs must be submitted for each line item on which an offeror intends to bid prior to the close of the solicitation, 

and found to meet the standards referenced in the respective Performance Readiness Bar flavor specification. 

Individual item specifications can be found in section C-2. Refer to Sections L and M for PDM submission 

instructions and evaluation criteria as a part of a proposal. Offerors must warrant that product submitted under 

any resultant contract will conform to all packaging, labeling and packing requirements as well as analytical 

requirements. The Government will not accept product offered under this solicitation or produced for performance 

under the resultant contract that does not conform to all requirements. 

 

New PDM (may not apply) 

 

During the course of contract performance, new items may be introduced for delivery during the next delivery 

period. PDMs are required for all new items and must be submitted 45 days prior to the start of the delivery period in 

which the new items will be incorporated into the contract. If approved product technical requirements for new items 

are not available to meet this requirement, the contractor must submit PDMs within 30 days from the date the 

requirements document is published. Contractors must certify that the PDM(s) conforms to all specification/ 

production description characteristics or must adequately describe any differences the PDM may have from the 

requirements of the product description or specification(s). Upon approval by DLA Troop Support, the New PDM 

will become the product standard. 

 

Replacement PDM 

 

Changes in production methodology or packaging, such as implementation of new technology, may result in a 

product non-comparable to one or more observable characteristics of the production standard. 

 

If the Government determines, on its own or at the suggestion of the contractor, that any change in a product 

characteristic, other than changes to shape or dimension compatible with performance requirements, results in a 

product that is no longer comparable to the production standard, the contractor must submit a replacement PDM. If 

the Government determines, on its own or at the suggestion of the contractor, that any changes to shape or 

dimension impact on the ability to compare the new product to the production standard in terms of the performance 

requirements designated for appearance, odor, flavor, and texture, the contractor must submit a replacement PDM. 

The contractor must submit a replacement PDM if determined necessary by the Government. Contractors must 

certify that the PDM(s) conforms to all specification/production description characteristics, or must adequately 

describe any differences the PDM may have from the requirements of the product description or specification(s). 

 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)

The contractor must bear all expenses incidental to the submission of Replacement PDMs to Natick and their 

evaluations by Natick. 

Upon approval by DLA Troop Support, the Replacement PDM will become the product standard. 

Replenishment PDM 

 

Every 12 months, or as otherwise specified by the Contracting Officer, for finished-product flavors inspected by the 

Government at origin, the Government Quality Assurance Representative (GQAR) will replenish the Government's 

supply of PDM's at origin with 70 PDMs randomly selected from a lot inspected and accepted by the Government for 

all contractual requirements. In addition, the GQAR will randomly select from the lot 32 replenishment PDMs for 

Natick and 4 replenishment PDMs for DLA Troop Support.

 

Upon approval by DLA Troop Support, the Replenishment PDM will become the product standard. 

 

Submission Process for New, Replacement, and Replenishment PDMs 

 

74 PDMs of each Performance Readiness Bar flavor must be submitted as follows: 

 

32 PDMs of each Performance Readiness Bar flavor must be sent to: 

 

DEPARTMENT OF THE ARMY 

FCDD-SCD-SCR ATTN: Jill Bates 

COMBAT CAPABILITIES DEVCOM SOLDIER CENTER 

10 GENERAL GREENE AVENUE 

NATICK, MA 01760 

 

10 PDMs of each Performance Readiness Bar flavor must be sent to: 

 

DLA TROOP SUPPORT 

700 ROBBINS AVENUE 

ATT:BUSINESS OPPORTUNITIES OFFICE,BLDG 45-C-167 

PHILADELPHIA, PA 19111 

 

Note: The end or side of the Case should have a label, or be printed on the Case, with the following 

information: 

 

Product Demonstration Model Contract Number 

Product Identity 

Lot# 

Company Name and Address 

Point of Contact Name and Phone Number 

 

Inside the Case, along with the 32 PDMs, must be the required paperwork fully identifying the item; the lot number; 

the contractor; the contract number; the type of PDM (New, Replenishment, or Replacement); the current PDM lot 

number; USDA certification as applicable; analytical and microbiological test results performed by the contractor; 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)

any other information to assist in identifying the product and conducting the evaluation. Analytical and 

microbiological test results, wherever required, must be submitted with PDMs. 

 

Contractors must maintain 32 of their own sets of approved PDMs that were derived from identical finished- flavor 

production lots and/or identical bulk-flavor production lots; to be referred to as in-common product- code PDMs. 

The submitting contractor will send written notification of in-common product-code submissions, endorsed by each 

participating contractor, to DLA Troop Support for approval by the Contracting Officer. DLA Troop Support will 

notify Natick as to which contractors are submitting what in-common product-codes. Once notified of Contracting 

Officer approval, the submitting Contractor must include in its submission package the identity of the Contractors 

for whom the submission pertains. The submitting Contractor will also be responsible for the distribution and 

shipment of any in-common product-code PDM samples to Natick and to DLA Troop Support. 

 

 

Evaluation Process for New, Replacement, and Replenishment PDMs 

 

A Natick PDM evaluation panel will evaluate New and Replacement PDMs for compliance with product 

specifications and for compliance with the sensory characteristics designated and defined in the product's technical 

documents. These sensory characteristics, namely appearance, odor, flavor, and texture (or combination thereof 

where dictated by the product's technical documents), represents distinct sensory characteristic categories and will 

be evaluated by category by panelist. Each panelist will assign to each sensory characteristic category a quality 

rating by using a 9-point quality scale, where 9 is the highest rating and 1 the lowest rating. The mean value of the 

panelist's ratings for each sensory characteristic category will be determined. 

 

Natick will assign an overall quality scale rating to each New and Replacement PDM that it evaluates. The overall 

rating will be equal to the mean score of the lowest-rated sensory characteristic category. For each New PDM, an 

overall quality rating of 6.00 through 9.00 will indicate an acceptable rating and an overall quality rating of 1.00 

through 5.99 will indicate an unacceptable rating. For each Replacement PDM, an overall quality rating of 6.00 

through 9.00 will indicate an acceptable rating and an overall quality rating of 1.00 through 5.99 will indicate an 

unacceptable rating. In addition, for a Replacement PDM to be found “acceptable”, its overall quality rating will be 

equal to or higher than the original overall quality scale assigned to the Initial, New, or Replacement PDM 

representing the item to be replaced. A lower overall quality rating will indicate an unacceptable replacement 

rating. 

 

Natick will evaluate Replenishment PDMs for appearance, odor, flavor and texture; and the evaluation must 

determine the Replenishment PDM to be equal to or better than the existing product standard for all characteristics 

in order to be rated as “Acceptable”. The results of Natick's PDM evaluations will be reported to DLA Troop 

Support as “Acceptable” or “Unacceptable”. An “Acceptable” PDM-rating will not constitute a waiver of any 

specification requirement unless specifically stated by the Contracting Officer. 

 

 

 

SECTION C - SPECIFICATIONS/SOW/SOO/ORD

SECTION C

SECTION C - DESCRIPTION/SPECIFICATION 

Technical Data For PERFORMANCE READINESS BAR 

C-1 DESCRIPTION/SPECIFICATION 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 10 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

PERFORMANCE READINESS BAR, FORTIFIED WITH CALCIUM CARBONATE AND VITAMIN D3, 

CHOCOLATE; 2.3 oz (65 gm) flex pg, PCR-P-049, Flavor I, NSN: 8920-01-651-9083 

PERFORMANCE READINESS BAR, FORTIFIED WITH CALCIUM CARBONATE AND VITAMIN D3, TART CHERRY 

BERRY; 2.3 oz (65 gm) flex pg, PCR-P-049, Flavor II, NSN: 8920-01-698-5993

PERFORMANCE READINESS BAR, FORTIFIED WITH CALCIUM CARBONATE AND VITAMIN D3, SALTED 

CARAMEL; 2.3 oz (65 gm) flex pg, PCR-P-049, Flavor III, NSN: 8920-01-698-5995

C-2 PRIME DOCUMENT 

PCR-P-049, PERFORMANCE READINESS BAR, FORTIFIED WITH CALCIUM CARBONATE AND 

VITAMIN D3, SHELF STABLE 

C-3 DATE OF PACK 

A. Acceptance will be limited to product that has been processed and packed subsequent to date of award. 

B. No product shall be older than 60 days (from date of product production) at time of shipping unless authorized 

by the contracting officer. The date of production is the date the bar is produced prior to packaging. 

C-4 MISCELLANEOUS REQUIREMENTS 

A. COMPLIANCE WITH APPLICABLE REGULATIONS

1. The Contractor shall comply with 21 CFR §111 “Current Good Manufacturing Practice in Manufacturing, 

Packaging, or Holding Operations for Dietary Supplements” and other applicable regulations. The Contractor shall 

ensure all sub-contractors comply with all applicable regulations. In addition, the contractor is required to comply 

with all applicable parts of the Code of Federal Regulations. 

2. All products shall comply with all applicable Federal and State mandatory requirements and regulations 

relating to the preparation, processing, thermoprocessing, packaging, labeling, packing, storage, and distribution of 

those products and with all applicable provisions of the Federal Food, Drug and Cosmetic Act and regulations 

promulgated thereunder. 

B. PERFORMANCE, PACKAGING AND QUALITY SPECIFICATIONS 

1. This solicitation incorporates the Product Contract Requirements (PCR), packaging requirements and 

quality assurance provisions to form an integrated technical package.

2. Unless otherwise specified in Sections C, D, or E of this document, Sections C, D, and E of the PCR are 

applicable in their entireties. 

C. PRODUCT SANITARILY APPROVED SOURCE REQUIREMENTS

1. As required by 48 CFR §246.408-70, Subsistence; AR 40-657/NAVSUP 4355.4H/MCO P10110.31H, 

Veterinary/Medical Food Safety, Quality Assurance, and Laboratory Service; DLAR 4155.3, Inspection of 

Subsistence Supplies and Services; DLAD 52.246-9044, Sanitary Conditions; and as clarified by the Armed Forces 

Food Risk Evaluation Committee, all Operational Ration Food Components shall originate from establishments 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 11 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

sanitarily approved for supplying the specific food item.

2. Sanitary approval is established by:

a. Listing in the Worldwide Directory of Sanitarily Approved Food Establishments for Armed Forces 

Procurement (Worldwide Directory) as established by the U.S. Army Public Health Center (USAPHC), or 

b. An establishment specifically exempted from listing in the Worldwide Directory by AR 40-657/

NAVSUP 4355.4H/MCO P10110.31H paragraph 2-15a(2)(a) through (i). 

3. This requirement applies to all Operational Rations and all Operational Ration food components. 

4. Requests for inspection and Worldwide Directory listing by USAPHC will be routed through DLA Troop 

Support-FTR for coordination and action. Situations involving sole sources of supply, proprietary supply sources, 

and commercial Brand Name items will be evaluated directly by the Chief, DLA Troop Support-FTR, in coordination 

with the Chief, Approved Sources Division, USAPHC. 

D. NUTRITIONAL REQUIREMENTS

1. A nutritional analysis for each product requiring a PDM shall be provided to the U.S. Army Natick Soldier 

Research, Development & Engineering Center (NSRDEC) within two weeks of the award of the contract and each 

time there is a major formulation change.

2. The Nutritional analysis shall be generated by the Genesis® R&D Food Analysis and Labeling Software 

(ESHA Research, Salem, OR, USA), version 9.0 or higher. The analysis shall be sent electronically to NSRDEC 

(attn.: Julie Smith (julie.e.smith30.civ@mail.mil). The Genesis® food list files shall be provided for a 100 gm portion. 

a. Genesis® food item files shall be provided for a 100 gm portion.

b. Genesis® food item files shall be included in the analysis file.

5. The ingredients and weight of each ingredient shall be included for each formulation. 

a. Nutrients included shall be:

Nutrient Measurement Nutrient Measurement 

Weight gram Kilocalorie C 

Protein gram Carbohydrate gram 

Dietary Fiber gram Fat (Total) gram 

Cholesterol milligram Fat (Saturated) gram 

Water gram Fat (Monounsaturated) gram 

Ash gram Fat (Polyunsaturated) gram 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 12 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

Vitamin A IU Fat (Trans) gram 

Riboflavin (B2) Milligram B2 Thiamin (B1) milligram 

Vitamin B6 milligram Niacin (B3) milligram 

Vitamin C milligram Vitamin B12 milligram 

Vitamin E (α-equivalents) milligram Vitamin D milligram 

Calcium milligram Folate microgram 

Iron milligram Selenium milligram 

Phosphorus milligram Copper milligram 

Sodium milligram Magnesium milligram 

Zinc milligram Potassium milligram 

Fluoride milligram 

 

b. The nutrients as required under the Nutrient Content paragraph and the verification of the nutrients as 

required under the Methods of Inspection paragraph in each specification is mandatory. 

c. Nutrient measurements shall be to the first decimal.

E. INTEGRATED PEST MANAGEMENT PROGRAM REQUIREMENTS 

1. Integrated Pest Management (IPM) Program Requirements for Operational Rations,” of April 2011 

is applicable to this DLA Troop Support Subsistence contract, except as specifically exempted in Section E of this 

solicitation/contract. The IPM program shall be in existence prior to contract award. The IPM plan shall be submitted 

to DLA Troop Support. The associated pesticide labels and MSDS documents are not to be submitted to DLA Troop 

Support, unless specifically requested by the Contracting Officer. The contractor shall have these documents 

available for on-site review during a Pest Management Audit, Quality Systems Management Visit (QSMV), or 

Quality Systems Compliance Audit. Evidence of any insect, rodent or pest infestation discovered in contact with 

materials or equipment used in the production of or found in an end-item component or assembly lot shall be cause 

for rejection of the involved lot. DLA Troop Support shall be notified within 24 hours when such pest activity has 

been found and informed of the corrective actions taken. IPM program requirements are found on the DLA Troop 

Support website at: http://www.dla.mil/TroopSupport/Subsistence/FoodSafety/FoodQuality.aspx “ 

F. FOOD DEFENSE 

1. The submission and implementation of a Food Defense Plan is required for this DLA Troop Support 

Subsistence contract. A Food Defense Plan shall be in existence prior to start of production. The plan shall address 

those areas of concern listed in the DLA Troop Support Food Defense Checklist applicable to the contractor's facility/

operation. To download a copy of the DLA Troop Support Food Defense Checklist, http://www.dla.mil/
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 13 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

TroopSupport/Subsistence/FoodSafety/FoodQuality.aspx or contact the applicable DLA Troop Support Contracting 

Officer or the Quality Audits & Food Defense Branch (DLA Troop Support-FTSB). Submit Food Defense Plans to 

the applicable DLA Troop Support Contracting Officer. The Quality Audits & Food Defense Branch (DLA Troop 

Support-FTSB) is the only DLA Troop Support office authorized to review and approve Food Defense Plans. All 

Food Defense Plans are maintained and secured by FTSB. 

H. CONTRACTOR SANITATION PROGRAM

1. The “Contractor Sanitation Program - Operational Rations,” of November 2015 is applicable to this DLA 

Troop Support Subsistence contract, except as specifically exempted in Section E of this solicitation/contract. The 

Contractor Sanitation Program shall be in existence prior to contract award. The program is not to be submitted to 

DLA Troop Support unless specifically requested by the applicable DLA Troop Support Contracting Officer. The 

contractor shall have the program available for on-site review during a QSMV or Quality Systems Compliance Audit. 

Evidence of any insect, rodent or pest infestation; foreign material; or contamination discovered in contact with an 

end-item component or assembly lot shall be cause for rejection of the involved lot. Contractor Sanitation Program 

requirements are found on the DLA Troop Support website at: http://www.dla.mil/TroopSupport/Subsistence/

FoodSafety/FoodQuality.aspx.

H. ADDITIONAL REQUIREMENTS 

1. Approval or acceptance of a Product Demonstration Model (PDM) shall not constitute a waiver of any 

specification requirement unless specifically stated by the Contracting Officer. 

2. Product shall be shipped on an oldest-date-of-pack basis. Proper care of the product is the contractor's 

responsibility prior to acceptance by the Government. 

3. In view of the fact that ANSI/ASQC Z1.4, Sampling Procedures and Tables for Inspection by Attributes, 

does not contain the definitions for critical, major, and minor defects, the following definitions become contractually 

binding through their inclusion here: 

a. Critical defect. A critical defect is a defect that judgment and experience indicate would result in 

hazardous or unsafe conditions for individuals using, maintaining, or depending on the item; or a defect that judgment 

and experience indicate is likely to prevent the performance of the major end item, i.e., the consumption of the ration.

b. Major defect. A major defect is a defect, other than critical, that is likely to result in failure, or reduce 

materially the usability of the unit of product for its intended purpose.

c. Minor defect. A minor defect is a defect that is not likely to reduce materially the usability of the unit 

of product for its intended purpose, or is a departure from established standards having little bearing on the effective 

use of operation of the unit.

4. AGE OF INGREDIENTS: Contractors formulating and producing end-item operational rations food 

items, and for each item that is manufactured, shall maintain a list of ingredients (generic name, brand name, producer 

name, supplier name, or in case of bulk packed plant or animal ingredients, country of origin) and the time and 

temperature serviceability limitations the contractor will impose on each ingredient. Each ingredient's time limitation 

is to be calculable using its date of pack as the starting point. A copy of this list will be made available to the 

Contracting Officer upon request. This paragraph does not modify time and/or temperature limitations specified for 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 14 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

ingredients elsewhere in this solicitation/contract, including its technical data package and product specifications.

5. INGREDIENTS FROM FOREIGN SOURCES: When ingredients are from a foreign country, the 

contractor shall have that ingredient listed on their “Master List of Ingredients from Foreign Sources”. For each 

ingredient, the Master List shall list the ingredient, the country of origin, and the product(s) in which the ingredient is 

used. The Master List shall be updated as necessary. The Master List shall be provided to the DLA Troop Support 

Contracting Officer upon request.

6. PER- OR Polyfluoroalkyl Substance Prohibition: Any food contact substances that are used in end 

item primary packaging must not contain per- or polyfluoroalkyl substances. 

7. Shelf life: The packaged product shall meet the minimum shelf life requirement of 12 months at 80oF. 

 

 

 

C03 CONTRACTOR RETENTION OF SUPPLY CHAIN TRACEABILITY DOCUMENTATION (JUN 2020)

 

SECTION D - PACKAGING AND MARKING

SECTION D

 

D-1. PACKAGING: 

A. Packaging requirements applicable to the Performance Readiness Bar are specified in Section D-1 of the 

currently contractual Product Contract Requirements (PCR) document. End-item primary packaging materials in 

contact with and any substances packaged within and in contact with the packaged end-item food shall not contain 

per- or polyfluoroalkyl substances. 

D-2. LABELING: 

A. Labeling requirements applicable to the Performance Readiness Bar are specified in Section D-2 of the 

currently contractual Product Contract Requirements (PCR) document. In addition to the requirements in Section D-2 

of PCR-P-049, the packaged bar shall be labeled with a “Use By” date. The “Use By” date shall be calculated as 

twelve months from the date of pack and use the format in the following example. If the bar is produced on 06 March 

2022, the package shall be labeled with “Use By: 06 Mar 2023”. 

D-3. PACKING: 

A. One hundred packaged bars will be packed in a snug-fitting shipping container and closed in accordance with 

good commercial practices. 

D-4. UNITIZATION: 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 15 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION D - PACKAGING AND MARKING (CONTINUED)

A. Unit loads shall be arranged in accordance with the requirements of Type III, Class G - Commercial Loads, 

Palletized, of DLA Troop Support Form 3507, Loads, Unit: Preparation of Semiperishable Subsistence Items1/. 

1/ Pallets shall conform to requirements cited in the General Requirement section of DLA Troop Support Form 3507. 

D-5. MARKING: 

A. SHIPPING CONTAINERS: Shipping containers shall be marked in accordance with DLA Troop Support 

Form 3556, Marking Instructions for Boxes, Sacks, and Unit Loads of Perishable and Semiperishable Subsistence 

with the following exceptions: 

1. Identification/contract data markings normally placed on an end of the shipping container shall read from 

top to bottom, left to right, when the shipping container is in its upright position. The following identification 

markings shall be applied to the shipping case end panel: 

 

 

 

 

Example: 

 

2. The following markings shall be included on the side panel immediately to the right of the marked end of 

the shipping container: 

2/ Contractor shall mark the applicable date of pack/lot number by embossing, stamping, printing, stenciling, jet or laser printing on each 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 16 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION D - PACKAGING AND MARKING (CONTINUED)

shipping container. 

3/ For finished product, the “date of pack/lot number” is defined as the quantity of finished product assembled within a production day. For purpose of 

marking shipping cases, the contractor may use either an open date (e.g. 5/25/2014) and/or a Julian Date (e.g. 4145). 

 

4/ The “Use By” date shall be the same as the “Use By” date on the packaging label. 

 

1. The Armed Forces symbol for Subsistence shall be applied to the right and adjacent to the 

identification/contract data markings. The color of the crescent shall be in contrast to the applied surface. 

2. Vertical or “picket fence” configuration bar code markings or label (representing the National Stock 

Number (NSN) and contract number shall be applied in an area adjacent to the identification/contract data 

markings. When space does not permit placing all of the bar code markings on one surface of the shipping 

container, the bar code markings will be placed on an adjacent side of the container. The bar code markings 

shall be placed a minimum distance of 1 inch from the top or bottom edges of the container and .5 inches from 

the side edge of the container. A minimum distance (quiet zone) of 0.25 inch from the nearest identification 

marking will be maintained. The bar codes shall be applied in either of the following format: (1) stacked on 

three separate lines (left hand start characters vertically aligned) or (2) applied in line with NSN preceding the 

contract number. A minimum space of 0.5 inch separating the bar codes shall be maintained. On fiberboard 

shipping containers, either bar code labels or direct printing are acceptable. If labels are used, the bars shall 

be black with a background earth tone color such as tan, beige, taupe or green. 

 

B. UNIT LOADS 

1. Assembled unit loads shall be marked in accordance with DLA Troop Support Form 3556, Marking 

Instructions for Boxes, Sacks, and Unit Loads of Perishable and Semiperishable Subsistence. 

 

252.211-7006 PASSIVE RADIO FREQUENCY IDENTIFICATION (DEC 2019) DFARS

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

“Advance shipment notice” means an electronic notification used to list the contents of a shipment of goods as well as additional information 

relating to the shipment, such as passive radio frequency identification (RFID) or item unique identification (IUID) information, order 

information, product description, physical characteristics, type of packaging, marking, carrier information, and configuration of goods within the 

transportation equipment. 

“Bulk commodities” means the following commodities, when shipped in rail tank cars, tanker trucks, trailers, other bulk wheeled conveyances, 

or pipelines: 

(1) Sand. 

(2) Gravel. 

(3) Bulk liquids (water, chemicals, or petroleum products). 

(4) Ready-mix concrete or similar construction materials. 

(5) Coal or combustibles such as firewood. 

(6) Agricultural products such as seeds, grains, or animal feed. 

“Case” means either a MIL-STD-129 defined exterior container within a palletized unit load or a MIL-STD-129 defined individual shipping 

container. 

“Electronic Product CodeTM (EPC)” means an identification scheme for universally identifying physical objects via RFID tags and other means. 

The standardized EPC data consists of an EPC (or EPC identifier) that uniquely identifies an individual object, as well as an optional filter value 

when judged to be necessary to enable effective and efficient reading of the EPC tags. In addition to this standardized data, certain classes of 

EPC tags will allow user-defined data. The EPC Tag Data Standards will define the length and position of this data, without defining its 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 17 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION D - PACKAGING AND MARKING (CONTINUED)

content. 

“EPCglobal®” means a subscriber-driven organization comprised of industry leaders and organizations focused on creating global standards 

for the adoption of passive RFID technology. 

“Exterior container” means a MIL-STD-129 defined container, bundle, or assembly that is sufficient by reason of material, design, and 

construction to protect unit packs and intermediate containers and their contents during shipment and storage. It can be a unit pack or a 

container with a combination of unit packs or intermediate containers. An exterior container may or may not be used as a shipping container. 

“Palletized unit load” means a MIL-STD-129 defined quantity of items, packed or unpacked, arranged on a pallet in a specified manner and 

secured, strapped, or fastened on the pallet so that the whole palletized load is handled as a single unit. A palletized or skidded load is not 

considered to be a shipping container. A loaded 463L System pallet is not considered to be a palletized unit load. Refer to the Defense 

Transportation Regulation, DoD 4500.9-R, Part II, Chapter 203, for marking of 463L System pallets. 

“Passive RFID tag” means a tag that reflects energy from the reader/interrogator or that receives and temporarily stores a small amount of 

energy from the reader/interrogator signal in order to generate the tag response. The only acceptable tags are EPC Class 1 passive RFID tags 

that meet the EPCglobalTM Class 1 Generation 2 standard. 

“Radio frequency identification (RFID)” means an automatic identification and data capture technology comprising one or more reader/

interrogators and one or more radio frequency transponders in which data transfer is achieved by means of suitably modulated inductive or 

radiating electromagnetic carriers. 

“Shipping container” means a MIL-STD-129 defined exterior container that meets carrier regulations and is of sufficient strength, by reason of 

material, design, and construction, to be shipped safely without further packing (e.g., wooden boxes or crates, fiber and metal drums, and 

corrugated and solid fiberboard boxes). 

(b)(1) Except as provided in paragraph (b)(2) of this clause, the Contractor shall affix passive RFID tags, at the case- and palletized-unitload packaging levels, for shipments of items that -- 

(i) Are in any of the following classes of supply, as defined in DoD Manual 4140.01, Volume 6, DoD Supply Chain Materiel Management 

Procedures: Materiel Returns, Retention, and Disposition: 

(A) Subclass of Class I - Packaged operational rations. 

(B) Class II - Clothing, individual equipment, tentage, organizational tool kits, hand tools, and administrative and housekeeping 

supplies and equipment. 

(C) Class IIIP - Packaged petroleum, lubricants, oils, preservatives, chemicals, and additives. 

(D) Class IV - Construction and barrier materials. 

(E) Class VI - Personal demand items (non-military sales items). 

(F) Subclass of Class VIII - Medical materials (excluding pharmaceuticals, biologicals, and reagents - suppliers should limit the 

mixing of excluded and non-excluded materials). 

(G) Class IX - Repair parts and components including kits, assemblies and subassemblies, reparable and consumable items 

required for maintenance support of all equipment, excluding medical-peculiar repair parts; and 

(ii) Are being shipped to one of the locations listed at https://www.acq.osd.mil/log/sci/RFID_ship-to-locations.html or to -- 

(A) A location outside the contiguous United States when the shipment has been assigned Transportation Priority 1, or to -- 

(B) The following location(s) deemed necessary by the requiring activity:

Contract Line, Subline, or 

Exhibit Line Item Number Location Name City State DoDAAC

(2) The following are excluded from the requirements of paragraph (b)(1) of this clause: 

(i) Shipments of bulk commodities. 

(ii) Shipments to locations other than Defense Distribution Depots when the contract includes the clause at FAR 52.213-1, Fast Payment 

Procedures. 

(c) The Contractor shall -- 

(1) Ensure that the data encoded on each passive RFID tag are globally unique (i.e., the tag ID is never repeated across two or more RFID 

tags and conforms to the requirements in paragraph (d) of this clause; 

(2) Use passive tags that are readable; and 

(3) Ensure that the passive tag is affixed at the appropriate location on the specific level of packaging, in accordance with MIL-STD-129 

(Section 4.9.2) tag placement specifications. 

(d) Data syntax and standards. The Contractor shall encode an approved RFID tag using the instructions provided in the EPCTM Tag Data 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 18 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION D - PACKAGING AND MARKING (CONTINUED)

Standards in effect at the time of contract award. The EPCTM Tag Data Standards are available at http://www.gs1.org/epc-rfid. 

(1) If the Contractor is an EPCglobalTM subscriber and possesses a unique EPCTM company prefix, the Contractor may use any of the 

identifiers and encoding instructions described in the most recent EPCTM Tag Data Standards document to encode tags. 

(2) If the Contractor chooses to employ the DoD identifier, the Contractor shall use its previously assigned Commercial and Government 

Entity (CAGE) code and shall encode the tags in accordance with the tag identifier details located in the DoD Suppliers' Passive RFID 

Information Guide at http://www.acq.osd.mil/log/sci/ait.html. If the Contractor uses a third-party packaging house to encode its tags, the 

CAGE code of the third-party packaging house is acceptable. 

 (3) Regardless of the selected encoding scheme, the Contractor with which the Department holds the contract is responsible for ensuring 

that the tag ID encoded on each passive RFID tag is globally unique, per the requirements in paragraph (c)(1). 

(e) Advance shipment notice. The Contractor shall use Wide Area WorkFlow (WAWF), as required by DFARS 252.232-7003, Electronic 

Submission of Payment Requests, to electronically submit advance shipment notice(s) with the RFID tag ID(s) (specified in paragraph (d) of 

this clause) in advance of the shipment in accordance with the procedures at https://wawf.eb.mil/. 

(End of clause) 

 

SECTION E - INSPECTION AND ACCEPTANCE

SECTION E

SECTION E - INSPECTION AND ACCEPTANCE 

 

The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. 

The Government reserves the right to inspect (examine or test) any supplies or services that have been tendered for 

acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of 

nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the 

defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for 

acceptance of nonconforming supplies or services. The Government reserves the right to invoke origin inspection on 

this contract. The Government must exercise its post-acceptance rights - 

 (1) Within a reasonable time after the defect was discovered or should have been discovered; and 

 (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the 

item. 

 

The procedures for inspection and acceptance will be as follows: 

 

E-1. Particular Requirements for Performance Readiness Bar Contractor 

The word "contractor", as used herein, shall mean the primary performance readiness bar manufacturer and/or 

packager or the subcontractor manufacturing and/or packaging the performance readiness bar for which this contract 

applies. 

The contractor will have a higher-level contract quality assurance program (QAP) that supports continuous 

improvement in the particular requirements applicable to the Performance Readiness Bar. 

 

E-2. Performance Readiness Bar (PRB) Quality Assurance and Production Records 

In addition to the requirement for the submission to DLA-FTRC of each produced lots “Destination Information 

Package”, the contractor's quality assurance and production documents/records pertaining to product to be offered or 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 19 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION E - INSPECTION AND ACCEPTANCE (CONTINUED)

offered to the Government for acceptance shall be presented to the Contracting Officer upon his/her request. 

 

E-3. Contractor Product and Packaging Inspection 

The contractor shall perform or have performed all inspections (examinations and tests) required in accordance with 

Section E of this solicitation/contract and of Product Contract Requirement PCR-P-049 as amended by this 

solicitation/contract, in accordance with the contractor's Higher-Level Contract Quality Assurance Program, and in 

accordance with this solicitation/contract. Inspection shall be contractor-paid inspection. 

Each lot intended to be offered for Government acceptance shall be tested for compliance with contractual calcium, 

vitamin D3, water activity, aerobic plate count, yeast and mold, E. coli count, and salmonella content requirements. 

Testing shall be contractor-paid testing and shall be conducted by a third party certified analytical laboratory or 

USDA-AMS laboratory. Testing protocol shall be in accordance with those requirements, methods of inspection, and 

test methods cited in PCR-P-049 applicable to the test to be executed. “Salmonella Testing” located in Section C of 

this solicitation cites additional salmonella test methods. Note: In the event that the Government does invoke its right 

to exercise origin inspection on this contract, testing shall be contractor-paid testing conducted by USDA-AMS 

laboratory. 

 

E.4. Packaging and Packing Materials 

Packaging components (e.g., fiberboard shipping boxes, cartons, rollstock, preformed pouches, packets, accessory and 

menu sub assembly pack bags, material & menu bags, strapping materials, fiberboard caps, adhesive, tape, etc.) are 

subject to the Certificate of Conformance FAR Clause 52.246-15. Any inspections required by the specifications may 

be performed by the Government to assure compliance with the specifications. 

 

E-5. General Inspection (Examination/Testing) Requirements 

When contractor determines as a result of his inspection(s) or QAP, or is informed by the Contracting Officer as a 

result of Government inspection, that the supplies do not conform to contractual requirements, he has the following 

alternatives: 

 1. Produce and inspect a new lot. 

 2. Screen or rework and reoffer conforming supplies (provided screening or reworking is not detrimental to the 

product and does not conflict with other requirements, e.g. time, temperature, etc.). See "Rework of Nonconforming 

Product Pre or Post Acceptance" for applicable situations. 

 3. Request the Contracting Officer to consider acceptance of the nonconforming supplies in accordance with 

paragraph "Request for Rework, Request for Waiver, Request for Deviation, or Reinspection of Nonconforming 

Supplies". 

 4. When valid technical reason(s) exist for suspecting the verity of the inspection results, request the Contracting 

Officer's permission to reinspect the supplies without screening or reworking. The request must be made in writing in 

accordance with paragraph "Request for Rework, Request for Waiver, Request for Deviation, or Reinspection of 

Nonconforming Supplies". Any lot with one or more valid critical/major A defect(s) will not be reinspected without 

reworking or screening of all units. Examples of valid technical reasons are: 

 A. After finding the lot nonconforming for net weight, it is discovered that the scales used for the inspection 

were out of adjustment or 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 20 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION E - INSPECTION AND ACCEPTANCE (CONTINUED)

 B. After finding the lot nonconforming for a chemical test characteristic, it is discovered that a chemical used in 

the analysis has deteriorated or had not been properly prepared. 

 

E-6. Rework of Nonconforming Product Pre or Post Acceptance (Performance Readiness Bar) 

(A.) Unless otherwise specified in (B.), below, all reworks, corrective actions, and screening inspections conducted 

prior to initial Government inspection of the lot do not require approval from the Government. Although the 

Contracting Officer must be informed of all reworks, the contractor is not required to obtain approval to take 

corrective and preventive action as deemed necessary to ensure compliance with contractual requirements, unless 

otherwise requested to do so by the Contracting Officer.. 

NOTE: All requests for rework shall be accompanied with a comprehensive rework plan. The rework plan will 

include rational information and data that supports the rework plan and ensures the elimination of nonconforming 

material from the lot. When a contractor determines as a result of his end item inspection(s) or QAP that supplies do 

not conform to contractual requirements and the supplies cannot be reworked (such as drained weight, viscosity, piece 

size, residual air, etc.), he has the alternative to request the Contracting Officer for a waiver for the nonconforming 

requirement. The Contracting Officer, in special circumstances, may request nonconforming supplies to be inspected 

by the Government Quality Assurance Representative (GQAR), after the waiver for the nonconforming requirement 

has been provisionally approved, to determine severity of nonconformance only. After any lot's failure or rework, if 

the lot is reinspected, it will be Contractor and/or Government inspected at the next higher sample size. 

(B.) The Following Reworks Must Be, As Required, Approved by the Applicable DLA Troop Support-FTRC Office. 

 1. Insect or Rodent Infestation/Contamination: Reworks must be approved by FTRC. 

 (a) All corrective actions performed on product due to evidence of insect or rodent activity must be must be 

approved by FTRC. NOTE: In addition to FTRC approval, approval by the cognizant regulatory agency, FDA, 

USDA-FSIS, or USDC, is required as necessary. 

 (b) Any product that is offered to the Government that has been produced using a bulk product or an ingredient 

product lot(s) that has, at any time, been identified as containing or having contained evidence of insect or rodent 

activity must be approved by FTRC (requirement does not apply to ingredient supplier facilities). When product is 

presented for Government verification, the Government QAR must be informed and provided documentation 

identifying the evidence of insect or rodent activity and all corrective action taken to render the bulk/ingredient 

product serviceable. 

 2. Food Safety and Foreign Material: 

 (a) All preventive and corrective actions required by FDA regulations, or documented by, proposed by, and/or 

conducted by the contractor shall conform to the regulations promulgated by the applicable regulatory agency (FDA). 

When a contractor is required by regulation to notify the regulatory agency due to an issue involving foreign material, 

it shall be the responsibility of the contractor to present, to DLA-FTRC, verification of conformance the applicable 

agency's regulations. If and when the Contracting Officer invokes contractor paid origin USDA-AMS inspection, the 

policies, instructions, guidelines, etc. of that agency shall be in effect. 

 (b)Rework/Post-rework Testing of product that tested positive for food borne pathogens, histamine, 

methylmercury, is not authorized. 

 (i). This prohibition applies to the forementioned compounds and to any food borne pathogen to include but 

not limited to Listeria Monocytogenes, Salmonella, Coliforms and E. coli. Unless Contracting Officer decides that 

circumstances dictate otherwise, APC, SPC, HPC, Yeast, and Mold are excluded from this prohibition. 

 (ii). Upon notification of the National Science Laboratory test results and/or USDA-AMS of a presumptive 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 21 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION E - INSPECTION AND ACCEPTANCE (CONTINUED)

positive/positive for Listeria Monocytogenes, Salmonella, and E. coli., the contractor shall commence actions 

recommended/required, as applicable, by attachment “MICRO TEST RESULTS QUESTIONNAIRE” Questions 

regarding completion of the recommended actions are to be directed to the responsible office, Food Safety Office 

(FTW) through FTRC. These E-6,(B),2,(b) requirements are in addition to applicable Code of Federal Regulations or 

other FDA regulatory requirements. The above cited attachment may be downloaded from the website: https://www.

dla.mil/TroopSupport/Subsistence/Operationalrations/prb/prbci.aspx

 3. Second Time Reworks: All second time reworks must be approved by the applicable FTRC contracting officer. 

 4. Nonconformances Noted During Government Inspection: All rework requests submitted for defects noted 

during Government inspection must be approved by the applicable contracting officer. 

 5. If the contractor elects to rework nonconforming product, it must be reworked and reoffered within 30 days 

from date of initial rejection. 

 6. All requests for rework shall be accompanied with a comprehensive rework plan. The rework plan will include 

rational information and data that supports the rework plan and ensures the elimination of nonconforming material 

from the lot. See “Request for Rework, Request for Waiver, Request for Deviation, or Reinspection of 

Nonconforming Supplies”. After any lot's failure or rework, if the lot is reinspected, it will be both Contractor and 

Government inspected at the next higher sample size.” 

(C.) Contractor's Quality History:

 1. Effectiveness of corrective actions (rework/screen inspections) taken by the contractor prior to Government end 

item verification inspection (receipt, in-process and contractor's end-item inspections) will be determined by the 

results of the end item verification inspection performed by the contractor. Corrective actions taken to ensure 

compliance with the contractual requirements prior to the Government inspection will not be counted against the 

contractor's quality history. If product is found conforming during Government inspection, the corrective action will 

be determined to have been effective. 

 2. If product is found nonconforming during the Government inspection following contractor corrective action for 

the same defect (or defect category in case of critical pouch defects) for which the contractor took a corrective action, 

the corrective action will be determined to have been ineffective. 

(D.) Government Quality Assurance Representative (GQAR) Notification: When and if contractor-paid USDA-AMS 

origin inspection is invoked by the Contracting Officer, the GQAR must be informed and provided documentation of 

all rework/corrective action/screen inspection results when product is presented for Government end-item inspection 

or prior to Government inspection as indicated in preceding parts (A), (B), and (C).

 

E-7. Request for Rework, Request for Waiver, Request for Deviation, or Reinspection of Nonconforming 

Supplies (Performance Readiness Bar) 

(A.) When the requirements cited in the section of this solicitation/contract entitled “Rework of Product Pre or Post 

Acceptance” require that a written request for deviation, waiver, rework, or reinspection must be furnished, as 

appropriate, to the Contracting Officer, that request shall at a minimum contain the following: 

 1. Contractor's name and address. 

 2. Contract number, lot number(s), and quantity. 

 3. Item nomenclature and NSN, whether a component or end item. 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 22 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION E - INSPECTION AND ACCEPTANCE (CONTINUED)

 4. Specification number, table/paragraph number, sample size, AC/REJ number(s), defect number(s), 

 number of defects. Identify the pouch codes of defective units. 

 5. Classification of defects: Critical _____ Major ______ Minor _____ 

 6. Cause of nonconformance or deviation, and corrective and preventive action. 

 a) State the root cause of the deficiency. 

 b) State the corrective action and the preventive action contractor has taken/will take to preclude 

 recurrence. 

 c) If preventive action is not possible, state why. 

 7. If deviation/nonconformance is of a recurring nature, the frequency of occurrence and date/contract/lot 

 number of last occurrence. 

 8. Effect on cost/price. 

 9. Effect on delivery schedule. 

 10. Full justification for request for deviation, waiver, rework or reinspection. 

 11. Submit in-process data (MPC,SPC) and contractor and Government end-item records for the involved 

 lot(s). Submit retort records, copy of process schedule and letter from Processing Authority if a process 

 deviation. 

 12. Applicable to the defect found or class of defects for critical defects, identify the situations where the lot 

 exceeded control limits (out-of-control, exceeded action level or number) according to in-process records 

 (MPC, SPC), and identify the corrective actions taken for each instance. 

NOTE: All requests for rework shall be accompanied with a comprehensive rework plan. The rework plan will 

include rational information and data that supports the rework plan and ensures the elimination of nonconforming 

material from the lot. After any lot's failure or rework, if the lot is reinspected, it will be both Contractor and 

Government inspected at the next higher sample size. 

(B.) When a valid technical reason for reinspection is offered and permission is granted by the Contracting Officer, 

the contractor shall take corrective action to eliminate the cause of the inspection revealed failure; reinspect the 

nonreworked lot after taking the corrective action, and evaluate the results of the initial inspection and the 

reinspection by means of recognized statistical methods.

 1. If the statistical tests reveal no significant difference between the results of the two inspections, acceptability 

will be based on reinspection results. A significant difference is one that is real and not due to chance variation. 

Statistically, a difference which has a 0.05 probability of occurring by chance alone is usually considered a significant 

difference. 

 2. If such statistical tests reveal no significant difference between the results of the two inspections, both results 

will be reported to the Contracting Officer. 

 A. The results of the two inspections will be averaged and acceptability will be based on whether the resulting 

average meets the requirement, when the requirement is an average (variable) requirement. 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 23 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION E - INSPECTION AND ACCEPTANCE (CONTINUED)

 B. The results of the initial (original) inspection will be the basis for the acceptability decision when the 

requirement is a unit (attribute) requirement. 

 

E-8. QUALITY ASSURANCE PROVISIONS - MODIFICATIONS AND ADDENDA 

A. REVIEW SAMPLES 

For each calendar month in which a lot of a Flavor of performance readiness bar is produced, the contractor will 

select three sets of three sample units from a conforming lot of each Flavor produced and inspected by the contractor; 

one set of three samples to represent the beginning, the middle, and the final third of a lot's production sequence. The 

contractor shall identify each sample with its position in production (beginning, middle, final) and ship the nine 

samples, at the contractor's expense, to the address below, once per month. 

DLA TROOP SUPPORT 

BLDG 6 FTRC (Attn: Jayson Marbach) 

700 Robbins Avenue 

Philadelphia, PA 19111 

POC 215.737.7346 

At the discretion of the contracting officer and in addition to any other destination inspection and the conformance 

inspection required to be performed in accordance with PCR-P-049A, E,B,(2), the contracting officer may require, as 

instructed by the contracting officer, that the contractor submit (36) sample bars to be evaluated for conformance and 

comparability to the initial PDM. The selected bars shall be submitted to the following address for evaluation by 

DEVCOM: 

COMBAT CAPABILITIES DEVELOPMENT COMMAND (DEVCOM) SOLDIER CENTER 

FCDD-SCD-SCR 

10 GENERAL GREENE AVENUE 

NATICK, MA 01760-5000 

The contractor shall be responsible for the cost of DEVCOM evaluations as determined by the contracting officer. 

B. PCR-P-049A - MODIFICATION 

For the purposes of this contract, PCR-P-049A, SECTION E INSPECTION AND ACCEPTANCE, B. Classification 

of inspections is as follows: 

B. Classification of inspections. The inspection requirements specified herein are classified as follows: 

 (1) Product standard inspection. The PDM shall be inspected in accordance with the provisions of this document 

and evaluated for overall appearance and palatability. The contractor shall submit (36) sample bars of each Flavor 

during the first large scale lot of production as first article samples to be evaluated for conformance and comparability 

to the initial PDM. The selected bars shall be submitted to the following address for evaluation: 

 COMBAT CAPABILITIES DEVELOPMENT COMMAND (DEVCOM) SOLDIER CENTER 

 FCDD-SCD-SCR 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 24 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION E - INSPECTION AND ACCEPTANCE (CONTINUED)

 10 GENERAL GREENE AVENUE 

 NATICK, MA 01760-5000 

 (2) Conformance inspection. Conformance inspection shall include the product examination and the methods of 

inspection cited in this section. 

C. DESTINATION INFORMATION PACKAGE 

For each individual production lot of Flavor I, Flavor II, and Flavor III product to be offered for Government 

acceptance, the contractor shall submit to DLA-Troop Support-FTRC a `Destination Inspection Package' attesting to 

and demonstrating the compliance of the lot in accordance with the inspection and acceptance requirements cited in 

PCR-P-049A, SECTION E INSPECTION AND ACCEPTANCE and SECTION E of this solicitation/contract. 1/ 

1/ Submission of a Destination Inspection Package to DLA Troop Support-FTRC is not required if contractor paid 

USDA inspection is in effect. 

THE DESTINATION INFORMATION PACKAGE CONTENTS SHALL INCLUDE: 

 Listing of Product Flavor(s), Production Lot Number(s), Quantity Produced 

 Listing of Destination(s), expected date(s) of delivery for each delivery and quantity per delivery. 

 All required Certificates of Conformance (ex. PCR-P-049A, E-5,B,(1) Shelf life, PCR-P-049A, E-5,B,(3) Nutrient 

content) shall be included. 

 Name and address of third party certified analytical laboratories conducting PCR-P-049A, E-5,B,(4), E-5,B,(5), 

and E-5,B,(6). 

 For each required analytical and microbiological test required by PCR-P-049A, E-5,B,(4), E-5,B,(5), and E-5,B,

(6), the contractor shall supply include a copy of the third party certified laboratory's original report of test results. 

The report will include the citation of and the correlation of laboratory sample identifiers, lot number sample 

identifiers, test methods, and sample test results. 

 Product examination worksheets documenting completion of and conformance with PCR-P-049A, E-5,A 

 Filled and sealed pouch examination worksheets documenting completion of and conformance with this 

solicitation/contract, Section E, E-8,D. 

 Example of or facsimile of all labeling on the bar's primary package. Need only be submitted one time, or when 

labeling is changed. 

 Duplicate of the COCQ for each of the Production Lots delivered (one example per lot number). 

D. QUALITY ASSURANCE PROVISIONS (PACKAGING AND PACKING MATERIALS) 

Filled and sealed pouch examination. The filled and sealed pouches shall be examined for the defects listed in table II. 

The lot size shall be expressed in pouches. The sample unit shall be one pouch. The inspection level shall be I and the 

AQL, expressed in terms of defects per hundred units, shall be 0.65 for major defects and 2.5 for minor defects.

TABLE II. Filled and sealed pouch defects 1/ 

Category Defect 

Major 

101 Tear or hole or open seal. 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 25 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION E - INSPECTION AND ACCEPTANCE (CONTINUED)

102 Unclean pouch. 2/ 

103 Pouch has foreign odor. 

104 Any impression or design on the heat seal surfaces which conceals or impairs visual 

 detection of seal defects. 3/ 

105 Not packaged as specified. 

Minor 

201 Label missing or incorrect or illegible. 

202 Tear nick or notch or serrations missing or does not facilitate opening. 

1/ Any evidence of rodent or insect infestation shall be cause for rejection of the lot 

2/ Outer packaging shall be free from foreign matter which is unwholesome, has the potential to cause pouch damage 

(for example, glass, metal filings) or generally detracts from the clean appearance of the pouch. The following 

examples shall not be classified as defects for unclean: 

 a. Foreign matter which presents no health hazard or potential pouch damage and which can be readily removed by 

gently shaking the package or by gently brushing the pouch with a clean dry cloth. 

 b. Dried product which affects less than 1/8 of the total surface area of one pouch face (localized and aggregate). 

3/ If doubt exists as to whether or not the sealing equipment leaves an impression or design on the closure seal surface 

that could conceal or impair visual detection of seal defects, samples shall be furnished to the contracting officer for a 

determination as to acceptability. 

 

E-9. FAR CLAUSES 

52.246-2 Inspection of Supplies -- Fixed-Price (AUG 1996) FAR 

52.246-15 Certificate of Conformance (APR 1984) FAR 

52.246-16 Responsibility for Supplies (APR 1984) FAR 

 

52.246-11 -- Higher-Level Contract Quality Requirement (Dec 2014) 

(a) The Contractor shall comply with the higher-level quality standard(s) listed below. 

 Title Number Date Tailoring 

 Quality Management Requirements Standard ANSI/ISO Q9001 2015 Note 1 

(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) 

of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in -- 

 (1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or 

 (2) When the technical requirements of a subcontract require -- 

 (i) Control of such things as design, work operations, in-process control, testing, and inspection; or 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 26 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION E - INSPECTION AND ACCEPTANCE (CONTINUED)

 (ii) Attention to such factors as organization, planning, work instruction, documentation control, and advanced 

metrology. 

Note 1: At the election of the contractor, the contracgtor may select an industry standard equivalent to ANSI/ISO 

Q9001; cite the Title, Number, and Date and Tailoring (if any) and check the appropriate box. 

 

E-10. PROVISIONS 

9000 CERTIFICATE OF QUALITY COMPLIANCE (JAN 2022) 

The Contractor shall prepare and furnish a certificate of quality compliance (COQC) for all supplies delivered under 

this contract. If the supplies delivered under this contract are from more than one manufacturing lot, a separate COQC 

shall be prepared and furnished for each manufacturing lot represented by, manufactured or produced under a product 

specification, original equipment manufacturer (OEM)/manufacturer's part number, commercial, industry or military 

standard, or drawings, or other technical data. If the supplies delivered under this contract are delivered to more than 

on destination, a separate COQC shall be prepared and furnished for each destination for each manufacturing lot 

represented by, manufactured or produced under a product specification, original equipment manufacturer (OEM)/

manufacturer's part number, commercial, industry or military standard, or drawings, or other technical data. 

(a) This certificate shall contain the following: 

 (1) The Contractor's name, address, and commercial and Government entity (CAGE) code number (if assigned), 

the contract/order number, the applicable specification, drawing, or standard (including revision/amendment and 

date), identification of the specific supplies manufactured or produced (including National Stock Number, 

nomenclature, type, grade, and class, if applicable); for metal products, the COQC shall include the alloy designation 

and condition (finish and temper), if applicable. If the Contractor is not a manufacturer, the Certificate shall include 

the name, address and CAGE Code (if assigned) for each of the entities through which the supplies or materials, 

components, subassemblies, assemblies or parts passed, so that traceability to the manufacturer will be readily 

discernible therefrom. 

 (2) The identification of each parameter for which the contract, specification, drawing, or standard required 

inspection or testing; 

 (3) The identification of the specific requirement for each of the parameters in (2), above, for the particular 

material being produced and covered by the certificate; (4) The actual results of inspections or tests conducted by the 

contractor to demonstrate conformance with each of the specific requirements of (3), above; 

 (5) The marking requirement for the material and the source of this requirement (contract and specification or 

standard); and 

 (6) A statement, signed by an authorized contractor representative responsible for quality assurance, that 

 (i) the lot has been produced, sampled, tested, and inspected, and marked in accordance with all contract and 

specification requirements; and 

 (ii) the material complies with all of the contract and specification requirements. 

(b) For contracts assigned for Government inspection at source, the Contractor shall have the completed certificate 

available for review by the Government representative when the material is presented for acceptance by the 

Government. In the case of destination-inspected material, the Contractor shall attach a copy of the completed 

certificate to the packing list sent with each shipment to each shipping point designated in the contract. For source 

inspected material, a copy may (but need not) accompany the shipment. If the Contractor offering the material to the 

Government is not the manufacturer of the material, the Contractor is responsible for obtaining a certified test report 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 27 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION E - INSPECTION AND ACCEPTANCE (CONTINUED)

from the manufacturer, including it as part of this COQC, and for demonstrating that the specific material being 

offered under this certificate is covered by the certified test report. 

(c) Unless otherwise specified by the contract, the Contractor shall be responsible for retaining the certificate for a 

period of 4 years. When requested by the Contracting Officer, the Contract or shall make the certificate available for 

review by the Government at any time during the period the certificate is required to be retained.

9003 MEASURING AND TEST EQUIPMENT (JAN 2014) 

Notwithstanding any other clause to the contrary, and/or in addition thereto, the Contractor shall ensure that the 

gauges and other measuring and testing equipment, used in determining whether the supplies presented to the 

Government for acceptance under this contract fully conform to specified technical requirements, are calibrated in 

accordance with International Organization for Standardization (ISO) 10012:2003 or American National Standards 

Institute (ANSI)/National Conference of Standards Laboratories (NCSL) Z540.3 (R2013). 

9013 CONTRACTOR AND GOVERNMENT SAMPLES AT ORIGIN (SEP 2007) 

When required, the Contractor will select samples of end items or components or both for Contractor examination or 

testing as required by the item specification or other contract provisions. In addition, the government may select 

samples of end items or components or both at origin for the purpose of conducting required inspection. The 

Government may use, consume, destroy or retain said samples at its option. Notwithstanding any other provision of 

the contract, the Contractor shall bear the cost of Contractor and Government samples selected at origin, whether the 

supplies are accepted or rejected. Furthermore, unless otherwise specified, any sample unit which is altered as a result 

of the performance of any required examination or test so as to no longer meet the required characteristic of the 

component or end item, shall not be included as part of the supplies delivered under the contract. Examples of such 

alteration include, but are not limited to, cutting an item to remove a slice or observe internal surface characteristics, 

procedures requiring re-canning/re-cooking of the product, thawing and refreezing. 

9039 REMOVAL OF GOVERNMENT IDENTIFICATION FROM NON-ACCEPTED SUPPLIES (NOV 

2011) 

(a) The Contractor shall remove or obliterate from a rejected end item and its packing and packaging, any marking, 

symbol, or other representation that the end item or any part of it has been produced or manufactured for the United 

States Government. 

Removal or obliteration shall be accomplished prior to any donation, sale, or disposal in commercial channels. The 

Contractor, in making disposition in commercial channels of rejected supplies, is responsible for compliance with 

requirements of the Federal Trade Commission Act (15 United States Code (U.S.C.) 45 et seq.) and the Federal Food, 

Drug and Cosmetic Act (21 U.S.C. 301 et seq.), as well as other Federal or State laws and regulations promulgated 

pursuant thereto. 

(b) Unless otherwise authorized by the Contracting Officer, the Contractor is responsible for removal or obliteration 

of government identifications within 72 hours of rejection of nonconforming supplies including supplies 

manufactured for the Government but not offered or supplies transferred from the Government's account to the cold 

storage Contractor's account at origin or destination. (For product rejected at destination and returned to the 

Contractor's plant, the 72 hour period starts with the time of Contractor receipt of returned product). After removal or 

obliteration is accomplished and prior to disposition, the Contractor must notify the Government inspector. 

9044 SANITARY CONDITIONS (JUL 2021) 

(a) Food establishments. 

 (1) All establishments and distributors furnishing subsistence items under DLA Troop Support contracts are 

subject to sanitation approval and surveillance as deemed appropriate by the Military Medical Service or by other 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 28 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION E - INSPECTION AND ACCEPTANCE (CONTINUED)

Federal agencies recognized by the Military Medical Service. The Government does not intend to make any award 

for, nor accept, any subsistence products manufactured, processed, or stored in a facility which fails to maintain 

acceptable levels of food safety and food defense, is operating under such unsanitary conditions as may lead to 

product contamination or adulteration constituting a health hazard, or which has not been listed in an appropriate 

Government directory as a sanitarily approved establishment when required. Accordingly, the supplier agrees that, 

except as indicated in paragraphs (2) and (3) below, products furnished as a result of this contract will originate only 

in establishments listed in the U.S. Army Public Health Center (USAPHC) Circular 40-1, Worldwide Directory of 

Sanitarily Approved Food Establishments for Armed Forces Procurement, (Worldwide Directory) available at: https://

phc.amedd.army.mil/topics/ foodwater/ca/Pages/DoDApprovedFoodSources.aspx. Compliance with the current 

edition of DoD Military Standard 3006, Sanitation Requirements for Food Establishments, is mandatory for listing of 

establishments in the Worldwide Directory. Suppliers also agree to inform the Contracting Officer immediately upon 

notification that a facility is no longer sanitarily approved and/or removed from the Worldwide Directory and/or other 

Federal agency's listing, as indicated in paragraph (2) below. Suppliers also agree to inform the Contracting Officer 

when sanitary approval is regained and listing is reinstated. 

 (2) Establishments furnishing the products listed below and appearing in the publications indicated need not be 

listed in the worldwide directory. Additional guidance on specific listing requirements for products/plants included in 

or exempt from listing is provided in Appendix A of the worldwide directory. 

 (i) Meat and meat products and poultry and poultry products may be supplied from establishments which are 

currently listed in the “Meat, Poultry and Egg Inspection Directory”, published electronically by the U. S. Department 

of Agriculture, Food Safety and Inspection Service (USDA, FSIS), (available at: https://www.fsis.usda.gov/

inspection/ establishments/meat-poultry-and-egg-product-inspection-directory). The item, to be acceptable, shall, on 

delivery, bear on the product, its wrappers or shipping container, as applicable, the USDA shield and applicable 

establishment number. USDA listed establishments processing products not subject to the Federal Meat and Poultry 

Products Inspection Acts must be listed in the Worldwide Directory for those items. 

 (ii) Intrastate commerce of meat and meat products and poultry and poultry products for direct delivery to 

military installations within the same state (intrastate) may be supplied when the items are processed in 

establishments under state inspection programs certified by the USDA as being “at least equal to” the Federal Meat 

and Poultry Products Inspection Acts. The item, to be acceptable, shall, on delivery, bear on the product, its wrappers 

or shipping container, as applicable, the official inspection legend or label of the inspection agency and applicable 

establishment number. 

 (iii) Shell eggs may be supplied from establishments listed in the USDA, Agriculture Marketing Service 

(AMS) interactive resource “Meat, Poultry and Shell Egg Plants”, located at: https://apps.ams.usda.gov/plantbook/ 

Query_Pages/PlantBook_Query.asp. 

 (iv) Egg products (liquid, dehydrated, frozen) may be supplied from establishments listed in the “Meat, Poultry 

and Egg Product Inspection Directory” published electronically by the USDA FSIS (available at: https://www. fsis.

usda.gov/inspection/establishments/meat-poultry-and-egg-product-inspection-directory). All products, to be 

acceptable, shall, on delivery, bear on the product, its wrappers or shipping container, as applicable, the official 

inspection legend or label of the inspection agency and applicable establishment number. 

 (v) Fish, fishery products, seafood, and seafood products may be supplied from establishments listed in the “U.

S. Department of Commerce, Approved Establishments”, published electronically by the U.S. Department of 

Commerce, National Oceanic and Atmospheric Administration Fisheries (USDC, NOAA) (available at: https://www.

fisheries. noaa.gov/resource/document/us-department-commerce-approved-establishments). All products, to be 

acceptable, shall, on delivery, bear on the product, its wrappers or shipping container, as applicable, the full name and 

address of the producing facility. 

 (vi) Pasteurized milk and milk products may be supplied from plants having a pasteurization plant compliance 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 29 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION E - INSPECTION AND ACCEPTANCE (CONTINUED)

rating of 90 percent or higher, as certified by a state milk sanitation officer and listed in “Sanitation Compliance and 

Enforcement Ratings of Interstate Milk Shippers” (IMS), published electronically by the U.S. Department of Health 

and Human Services, Food and Drug Administration (USDHHS, FDA). (available at: https://www.fda.gov/Food/ 

GuidanceRegulation/FederalStateFoodPrograms/ucm2007965.htm). These plants may serve as sources of pasteurized 

milk and milk products as defined in Section I of the “Grade `A' Pasteurized Milk Ordinance” (PMO) published by 

USDHHS,FDA (available at: https://www.fda.gov/Food/GuidanceRegulation/

GuidanceDocumentsRegulatoryInformation/Milk/default.htm). 

 (vii) Manufactured or processed dairy products only from plants listed in Section I of the “Dairy Plants 

Surveyed and Approved for USDA Grading Service”, published electronically by Dairy Grading Branch, AMS, 

USDA (available at: https://apps.ams.usda.gov/dairy/ApprovedPlantList/) may serve as sources of manufactured or 

processed dairy products as listed by the specific USDA product/operation code. Plants producing products not 

specifically listed by USDA product/operation code must be Worldwide Directory listed (e.g., plant is coded to 

produce cubed cheddar but not shredded cheddar; or, plant is coded for cubed cheddar but not cubed mozzarella). 

Plants listed in Section II and denoted as “P” codes (packaging and processing) must be Worldwide Directory listed. 

 (viii) Oysters, clams and mussels from plants listed in the “Interstate Certified Shellfish Shippers 

Lists” (ICSSL), published by the U.S. Food and Drug Administration, (available at: https://www.fda.gov/food/ 

federalstate-food-programs/interstate-certified-shellfish-shippers-list). 

 (3) Establishments exempt from Worldwide Directory listing. Refer to AR 40-657/NAVSUPINST 4355.4H/MCO 

P1010.31H, Veterinary/Medical Food Safety, Quality Assurance, and Laboratory Service, for a list of establishment 

types that may be exempt from Worldwide Directory listing. AR 40-657 is available from National Technical 

Information Service, 5301 Shawnee Road, Alexandria, VA 22312 ; 1-888-584-8332 ; or download the publication 

from web site: (https://armypubs. army.mil/). For the most current listing of exempt plants/products, see the 

Worldwide Directory (available at: https://phc.amedd.army.mil/topics/foodwater/ca/Pages/

DoDApprovedFoodSources.aspx). 

 (4) Subsistence items other than those exempt from listing in the Worldwide Directory, bearing labels reading 

“Distributed By”, “Manufactured For”, etc., are not acceptable unless the source of manufacturing/processing is 

indicated on the label or on accompanying shipment documentation. 

 (5) When the Military Medical Service or other Federal agency acceptable to the Military Medical Service 

determines the levels of food safety and food defense of the establishment or its products have or may lead to product 

contamination or adulteration, the Contracting Officer will suspend the work until such conditions are remedied to the 

satisfaction of the appropriate inspection agency. Suspension of the work shall not extend the life of the contract, nor 

shall it be considered sufficient cause for the Contractor to request an extension of any delivery date. In the event the 

Contractor fails to correct such objectionable conditions within the time specified by the Contracting Officer, the 

Government shall have the right to terminate the contract in accordance with the “Default” clause of the contract. 

(b) Delivery conveyances. The supplies delivered under this contract shall be transported in delivery conveyances 

maintained to prevent tampering with and /or adulteration or contamination of the supplies, and if applicable, 

equipped to maintain a prescribed temperature. The delivery conveyances shall be subject to inspection by the 

government at all reasonable times and places. When the sanitary conditions of the delivery conveyance have led, or 

may lead to product contamination, adulteration, constitute a health hazard, or the delivery conveyance is not 

equipped to maintain prescribed temperatures, or the transport results in product `unfit for intended purpose', supplies 

tendered for acceptance may be rejected without further inspection.” 

9045 FEDERAL FOOD, DRUG AND COSMETIC ACT-WHOLESOME MEAT ACT (AUG 2008) 

(a) The Contractor warrants that the supplies delivered under this contract comply with the Federal Food, Drug and 

Cosmetic Act and the Wholesome Meat Act and regulations promulgated there under. This warranty will apply 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 30 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION E - INSPECTION AND ACCEPTANCE (CONTINUED)

regardless of whether or not the supplies have been: 

 (1) Shipped in interstate commerce, 

 (2) Seized under either Act or inspected by the Food and Drug Administration or Department of Agriculture. 

 (3) Inspected, accepted, paid for or consumed, or any or all of these, provided however, that the supplies are not 

required to comply with requirements of said Acts and regulations promulgated there under when a specific paragraph 

of the applicable specification directs otherwise and the supplies are being contracted for military rations, not for 

resale. 

(b) The Government shall have six months from the date of delivery of the supplies to the government within which 

to discover a breach of this warranty. Notwithstanding the time at which such breach is discovered, the Government 

reserves the right to give notice of breach of this warranty at any time within this six-month period or within 30 days 

after expiration of such period, and any such notice shall preserve the rights and remedies provided herein. 

(c) Within a reasonable time after notice to the Contractor of breach of this warranty, the Government may, at its 

election: 

 (1) Retain all or part of the supplies and recover from the Contractor, or deduct from the contract price, a sum the 

Government determines to be equitable under the circumstances. 

 (2) Return or offer to return all or part of the supplies to the Contractor in place and recover the contract price and 

transportation, handling, inspection and storage costs expended therefore; provided, that if the supplies are seized 

under either Act or regulations promulgated there under, such seizure, at Government option, shall be deemed a return 

of supplies within the meaning of this clause and thereby allow the government to pursue the remedy provided herein. 

Failure to agree to any deduction or recovery provided herein shall be a dispute within the meaning of the clause of 

this contract entitled “Disputes”. 

(d) The rights and remedies provided by this clause shall not be exclusive and are in addition to other rights and 

remedies provided by law or under this contract, nor shall pursuit of a remedy herein or by law either jointly, 

severally or alternatively, whether simultaneously or at different times, constitute an election of remedies. 

9046 FOOD AND DRUG ADMINISTRATION (FDA) COMPLIANCE (NOV 2011) 

If any supplies acquired hereunder are recalled under the provisions of the Federal Food, Drug and Cosmetic Act, and 

regulations there under, the Contractor shall, at the Government's option, either reimburse the Government or repair/ 

replace the recalled supplies. Additionally, the Contractor shall notify the Contracting Officer immediately when a 

firm decides to voluntarily recall or withdraw any product from the marketplace Upon notification by the Contracting 

Officer that supplies acquired hereunder have been recalled, the Contractor shall either (a) accept certificates of 

destruction from the Government after the supplies have been properly disposed of, (b) request return of the supplies, 

or (c) if supplies may be repaired on site without transporting them from their location, furnish all materials necessary 

to effect repairs. Replacement or reimbursement will be accomplished by the Contractor immediately on receipt of 

Certificates of Destruction or returned supplies. The costs of replacement or repair of supplies, and transportation and 

handling costs for movement of returned, replaced or repaired supplies within the contiguous United States shall be 

paid by the Contractor. The provisions of this clause are applicable only when the value of the recalled supplies in the 

possession of the Government amounts to $100 or more. 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 in the contract. 

 

E-11. ADDITIONAL PROVISIONS (applicable if USDA origin inspection is invoked) 

9023 GENERAL INSPECTION REQUIREMENTS (AUG 2017) 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 31 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION E - INSPECTION AND ACCEPTANCE (CONTINUED)

(a) Inspection. 

(1) The Contractor shall employ the services of the United States Department of Agriculture (USDA), Agricultural 

Marketing Service (AMS) or U.S. Department of Commerce (USDC), National Marine Fisheries Service (NMFS) to 

accomplish in process origin inspection (examination and testing) and sampling as required herein and in the 

applicable commodity specifications. The Contractor shall bear all expenses incident thereto, including costs of 

samples and all associated costs for preparation and mailing. Costs shall be assessed in accordance with the 

Government laboratory testing charges for individual test characteristics and number of tests required by the 

specification or contract. A list of fees may be obtained from the appropriate inspection activity 

The Contractor shall furnish the Government grader/inspector a copy of the complete contract and supporting 

contractual documents (i.e., individual solicitation, contract modifications, waivers, and referenced specifications). 

Offerors may contact the appropriate Government office to discuss inspection procedures prior to submitting offers; 

however, nothing provided thereby shall be construed to alter the applicable specification in any manner or to reduce 

the responsibility of Contractor to comply with such specifications. 

(2) The Contractor shall take action to correct or replace nonconforming supplies. 

(3) The Government will perform an inspection at destination for identity, condition and quantity. If there is evidence 

that the supplies do not conform with contract requirements, the inspector shall report the findings of his inspection to 

the appropriate DLA Troop Support office (operational rations business unit, food services business unit, produce 

business unit, product services office, etc.). The applicable DLA Troop Support office shall report the findings to the 

Contracting Officer or the ordering officer, who shall in turn notify the Contractor. 

(4) Supplies will be rejected when any evidence of insect activity (live or dead in any stage of development) or rodent 

activity/contamination is found in or on product, packaging, packing or unitization. 

(5) Nonconforming supplies rejected at origin will not normally be accepted by the Government. However, the 

Contractor may elect to petition the Contracting Officer in writing to grant a waiver of the contract requirements for 

which supplies have been found nonconforming, and to accept the supplies “as is” with appropriate price 

consideration. 

(6) The Contractor shall furnish all inspection gauges, instruments, scales, tools or other material required by the 

designated Government inspection activity to complete the necessary inspection. The Government inspector will 

insure that the Contractor has had such gauges, instruments, scales, tools, or other material required to complete 

inspection properly calibrated and, if necessary, certified. When required by the contract/solicitation the Government 

inspector will collect insect specimens from plant production and storage areas and submit the specimens to the 

nearest military entomological laboratory for identification 

9025 REINSPECTION OF NONCONFORMING SUPPLIES (NOV 2011) 

(a) When origin inspection is performed by the U.S. Department of Agriculture (USDA) or U.S. Department of 

Commerce (USDC) and supplies are found to be nonconforming at origin, the Contractor may request USDA/USDC 

reinspection/formal review in accordance with the regulations of the respective agency. In such instances, the next 

larger available sample size will be used. The decision of the USDA/USDC representative as to conformance or 

nonconformance shall be final. It will be within the discretion of USDA/USDC whether to assess reinspection costs 

against the Contractor. 

(b) When origin inspection is performed by the USDA or USDC and supplies are found to be nonconforming at 

destination, the Contractor may petition the Contracting Officer to obtain permission for a single reinspection, 

provided such petition provides valid technical reasons to believe the destination inspection findings were erroneous. 

The reinspection shall be performed in accordance with the original destination inspection criteria unless otherwise 

specified by the Contracting Officer. 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 32 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION E - INSPECTION AND ACCEPTANCE (CONTINUED)

 (1) Reinspection of nonconforming supplies for grading factors, suspicion of fraud or substitution shall be 

conducted by the applicable origin inspection agency (USDA for meats and poultry, or USDC for water foods). All 

costs associated with USDA/USDC reinspection shall be borne by the Contractor; unless the reinspection results 

establish compliance with contractual requirements, in which case costs shall be borne by the Government. 

 (2) Reinspection for all other criteria shall be accomplished by the Military Medical/Veterinary Services, as 

coordinated by the Contracting Officer with the applicable Military Medical/Veterinary Service Headquarters. The 

Military Medical/Veterinary Service Headquarters will designate the activity assigned to perform the reinspection and 

advise the Contracting Officer and the designated activity of the reinspection schedule. Reinspection shall be 

performed by personnel other than those involved in the original destination inspection. Reinspection costs shall be 

borne by the Contractor when reinspection results substantiate the nonconformance. The Government shall bear the 

costs of reinspection if the products are determined to be in compliance with contractual requirements. 

(C) When inspection by the USDA or USDC is not a contract requirement and supplies are found nonconforming at 

destination, the Contractor may petition the Contracting Officer one time only to obtain permission for a single 

reinspection, provided such petition provides valid technical reasons to believe the original inspection findings were 

erroneous. If the Contracting Officer authorizes a reinspection, the reinspection results shall be final if they differ 

from the original inspection to such a statistically significant degree that error in the original results is probable. 

Otherwise, the original inspection results shall prevail. The reinspection/formal review shall be performed in 

accordance with the original inspection criteria, unless otherwise specified. All costs associated with the reinspection 

shall be borne by the Contractor; unless the reinspection results establish compliance with the contract requirements, 

in which case costs shall be assumed by the Government. Reinspection shall not be authorized when original 

inspection findings show that the supplies are unwholesome or contain a deleterious substance. 

(d) The Contractor may elect to petition the Contracting Officer to grant a waiver of those contract requirements for 

which supplies have been found nonconforming and accept the supplies “as is” with appropriate price consideration. 

However, if the Contractor intends to exercise any option under (a), (b) or (c) above, the Contractor must do so prior 

to requesting a waiver. The denial of a waiver by the Contracting Officer will result in final rejection of the 

nonconforming supplies without recourse to reinspection. 

 

E-12. GOVERNMNENT INSPECTION AND ACCEPTANCE AT DESTINATION (not applicable if USDA 

origin inspection is invoked) 

.....(a) Saving and reserving to the government all rights under this solicitation/contract, the following is applicable to 

this acquisition: 

..........Inspection at ( ) Contractor's Plant, (X) Destination, AND 

..........Acceptance at ( ) Contractor's Plant, (X) Destination, upon execution of Receiving Report in Invoicing, 

Receipt, Acceptance and Property Transfer (iRAPT) by the authorized government representative. 

Government Acceptance Inspection at Destination: 

Army Public Health Center is designated cognizance for the support of the Government's quality assurance 

requirements at destination. When Army Public Health Center is designated cognizance for the support of the 

Government's quality assurance requirements, the responsibilities and authorities cited in the regulations, command 

policies, etc. of the respective agency and those regulations, command policies, etc. to which that agency is subject, 

are applicable to the contract in conjunction with the quality assurance requirements of the contract. 

 

E-13. GOVERNMNENT INSPECTION AND ACCEPTANCE AT ORIGIN (applicable if USDA origin 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 33 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION E - INSPECTION AND ACCEPTANCE (CONTINUED)

inspection is invoked) 

.....(a) Saving and reserving to the government all rights under this solicitation/contract, the following is applicable to 

this acquisition: 

.....Inspection at (X) Contractor's Plant, ( ) Destination, AND 

.....Acceptance at (X) Contractor's Plant, ( ) Destination, upon execution of Receiving Report in Invoicing, Receipt, 

Acceptance and Property Transfer (iRAPT) by the authorized government representative. 

Government Acceptance Inspection at Origin: 

In the event that the Government does invoke its right to exercise origin inspection on this contract, USDA is 

designated cognizance for the support of the Government's quality assurance requirements at the origin facility. When 

USDA is designated cognizance for the support of the Government's quality assurance requirements, the 

responsibilities and authorities cited in the regulations, file codes, policies, etc. to which that agency is subject, are 

applicable to the contract in conjunction with the quality assurance requirements of the contract. Inspection shall be 

contractor paid USDA,AMS,FV,PPB inspection in accordance with Provision 9023, General Inspection 

Requirements 

 

52.246-2 INSPECTION OF SUPPLIES FIXED PRICE (AUG 1996) FAR

 

SECTION F - DELIVERIES OR PERFORMANCE

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020) FAR

 

52.211-16 VARIATION IN QUANTITY (OCT 2020) FAR

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of 

loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this 

clause. 

(b) The permissible variation shall be limited to: 

0.5 Percent increase [Contracting Officer insert percentage] 

0 Percent decrease [Contracting Officer insert percentage] 

This increase or decrease shall apply to each delivery order.* 

(End of clause)

 

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) FAR

 

52.242-15 STOP-WORK ORDER (AUG 1989) FAR

 

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR

 

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

 

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION G

G-1 Contract Administration 

 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 34 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION G - CONTRACT ADMINISTRATION DATA (CONTINUED)

Contract Administration will be performed by DLA Troop Support, Individual Rations Division - FTRC. 

 

G-2 Correspondence 

 

All pertinent correspondence relative to this contract shall be directed to DLA Troop Support, Individual Rations 

Division - FTRC. Contractor's requests for acceptance of nonconforming supplies should be submitted to the 

assigned Quality Assurance Representative (QAR), i.e., U.S. Army Veterinary Inspector (AVI) or USDA 

Inspection as applicable. The QAR should forward your request directly to the Contracting Office. A copy of 

correspondence notifying the contractor of acceptance/rejection of waiver/ deviation requests will be furnished to 

the ACO by the Contracting Officer. 

 

G-3 Invoices 

 

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

 

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION H

H-1 Cancellation Policy 

The offeror that is awarded the resulting contract of this solicitation will be required to honor a 10-day cancellation 

policy. DLA Troop Support may cancel any delivery order within 10-calander days after the original issue date of the 

delivery order. Offerors who take exception to this requirement may not be eligible for award.

 

 This cancellation policy includes changes/modifications to delivery date(s) and/or delivery order quantity(ies). 

 

In the event that the 10th day falls on a Federal Holiday, Saturday, or Sunday, the next business day will be recognized 

as the 10th calendar day. 

 

H-2 Ordering Performance Readiness Bars 

 

Orders will be placed with no less than a 60-day lead-time, and must be placed in economic production quantities, 

unless the flavor contractor concurs and there is no additional cost. Failure to deliver the required quantities by the 

date set forth by the assembler may result in termination of the contract by default. 

 

 

Performance Readiness Bar prices will be based on a FOB Destination basis. Acceleration or delay of any delivery 

may only occur at no additional cost to the Government and with the consent of the contractor. Additionally, 

deliveries must be scheduled to take advantage of economical shipping containers/rates. 

 

H-3 Replacement of Defective Product 

 

For cases of bulk-packed Performance Readiness Bars, if upon opening the case or during assembly a number of 

defective units are discovered in the case which cannot be readily segregated from useable flavors, e.g. broken 

Performance Readiness Bars the case must be removed from the assembly line and upon such verification from the 

origin inspector the entire case will be considered defective, and placed on hold. The Contracting Officer must be 

given written notice of the defective product including the name and signature of the confirming origin inspector. 

The contractor must include information regarding defective product and replacement of such product in its 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 35 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION H - SPECIAL CONTRACT REQUIREMENTS (CONTINUED)

inventory reports. 

 

H-4 Storage of Performance Readiness Bars 

 

Performance Readiness Bars must be stored in such a manner as to protect them from damage due to temperature or 

humidity changes. DLA Troop Support may be contacted for assistance concerning individual product storage 

problems or concerns regarding proper methods. If bulk-packagedproduct are removed from storage in a frozen 

condition, they must not be exposed to high temperatures and/or humidity without first being tempered. Tempering 

will be done by raising the temperature to no greater than 40 degrees F the first 24 hours; and to no more than 65 

degrees F and 55 percent humidity the second 24 hours. Packaging material must not be removed prior to completing 

the tempering procedure. 

 

H-5 FIFO Requirements 

 

The Performance Readiness Bar must be utilized using the First-in, First-out (FIFO) basis (contractors date of 

pack). A contractor's individual flavor lot, described by the Julian date of pack, must be completely shipped and 

exhausted before shipping the next individual flavor lot. 

 

H-6 Bulk Product Packaging 

 

To assure the unwrapped product are packaged in a satisfactory manner, the following minimum sanitation 

requirements are established in the performance of any contract awarded: 

 

A. Strict adherence to Good Manufacturing Practices is required. 

 

B. An appropriate level of sanitation will be maintained in the bulk product packaging area in accordance with 

the facility sanitation program. 

C. Personnel involved in packaging operations will be provided with clean white frocks as needed. 

 D. The hands of personnel participating in bulk product packaging operations must be clean at all times and 

free from sores, cuts, and/or abrasions. 

 E. Personnel involved in packaging operations will be required to wear head coverings (hat or hair net) and 

beard nets, when appropriate. 

 

 

 

 

 

 

SECTION I - CONTRACT CLAUSES

52.202-1 DEFINITIONS (JUN 2020) FAR

 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 36 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

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

 

52.203-7 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

 

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021) FAR

 

52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (JUN 2010) 

FAR

 

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY 

AGREEMENTS OR STATEMENTS-REPRESENTATION (JAN 2017) FAR

 

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017) 

FAR

 

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) DFARS

 

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

2008) 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

 

252.203-7004 DISPLAY OF HOTLINE POSTERS (AUG 2019) DFARS

 

52.204-3 TAXPAYER IDENTIFICATION (OCT 1998) FAR

As prescribed in 4.905, insert the following provision: 

 (a) Definitions. 

“Common parent,” as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its 

Federal income tax returns on a consolidated basis, and of which the offeror is a member. 

“Taxpayer Identification Number (TIN),” as used in this provision, means the number required by the Internal Revenue Service (IRS) to be 

used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification 

Number. 

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection 

requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations 

issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 

4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the 

contract. 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 37 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the 

Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN 

provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. 

(d) Taxpayer Identification Number (TIN). 

[ ] TIN: _. 

[ ] TIN has been applied for. 

[ ] TIN is not required because: 

[ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the 

conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United 

States; 

[ ] Offeror is an agency or instrumentality of a foreign government; 

[ ] Offeror is an agency or instrumentality of the Federal Government. 

(e) Type of organization. 

[ ] Sole proprietorship; 

[ ] Partnership; 

[ ] Corporate entity (not tax-exempt); 

[ ] Corporate entity (tax-exempt); 

[ ] Government entity (Federal, State, or local); 

[ ] Foreign government; 

[ ] International organization per 26 CFR 1.6049-4; 

[ ] Other . 

(f) Common parent. 

[ ] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision. 

[ ] Name and TIN of common parent: 

Name 

TIN 

(End of provision)

 

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) FAR

 

52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016) FAR

 

52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS (OCT 2016) FAR

 

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020) FAR

 

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

 

52.204-20 PREDECESSOR OF OFFEROR (AUG 2020) FAR

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

Commercial and Government Entity (CAGE) code means -- 

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and 

Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or 

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency 

(NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch 

records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 38 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor. 

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a 

new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a 

company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending 

on State law and specific circumstances. 

(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three 

years. 

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal 

contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): 

Predecessor CAGE code: (or mark “Unknown”). 

Predecessor legal name: . 

(Do not use a “doing business as” name).

 

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021) FAR

 

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY 

KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018) FAR

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

Covered article means any hardware, software, or service that --

(1) Is developed or provided by a covered entity; 

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or 

(3) Contains components using any hardware or software developed in whole or in part by a covered entity. 

Covered entity means --

(1) Kaspersky Lab; 

(2) Any successor entity to Kaspersky Lab; 

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or 

(4) Any entity of which Kaspersky Lab has a majority ownership. 

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits 

Government use of any covered article. The Contractor is prohibited from -- 

(1) Providing any covered article that the Government will use on or after October 1, 2018; and 

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the 

contract. 

(c) Reporting requirement. (1) In the event the Contractor identifies a covered article provided to the Government during contract performance, 

or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting 

Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor 

shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of 

the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. 

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause: 

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; 

supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler 

number); item description; and any readily available information about mitigation actions undertaken or recommended. 

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about 

mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or 

submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be 

incorporated to prevent future use or submission of covered articles. 

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including 

subcontracts for the acquisition of commercial items. 

(End of clause)

 

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS

 

252.204-7004 LEVEL I ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (FEB 2019) DFARS
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 39 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

 

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

 

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (MAY 2016) DFARS

 

252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020) DFARS

(a) Definitions.

Basic Assessment, Medium Assessment, and High Assessment have the meaning given in the clause 252.204 -7020, NIST SP 800 -171 DoD 

Assessments.

Covered contractor information system has the meaning given in the clause 252.204 -7012, Safeguarding Covered Defense Information and 

Cyber Incident Reporting, of this solicitation.

(b) Requirement. In order to be considered for award, if the Offeror is required to implement NIST SP 800 -171, the Offeror shall have a current 

assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) (see 252.204 -7020) for each covered 

contractor information system that is relevant to the offer, contract, task order, or delivery order. The Basic, Medium, and High NIST SP 800 

-171 DoD Assessments are described in the NIST SP 800 -171 DoD Assessment Methodology located at https://www.acq.osd.mil/dpap/pdi/

cyber/strategically_assessing_contractor_implementation_of_NIST_SP_800-171.html.

(c) Procedures. 

(1) The Offeror shall verify that summary level scores of a current NIST SP 800 -171 DoD Assessment (i.e., not more than 3 years old 

unless a lesser time is specified in the solicitation) are posted in the Supplier Performance Risk System (SPRS) (https://www.sprs.csd.disa.

mil/) for all covered contractor information systems relevant to the offer. 

(2) If the Offeror does not have summary level scores of a current NIST SP 800 -171 DoD Assessment (i.e., not more than 3 years old 

unless a lesser time is specified in the solicitation) posted in SPRS, the Offeror may conduct and submit a Basic Assessment to 

webptsmh@navy.mil for posting to SPRS in the format identified in paragraph (d) of this provision. 

(d) Summary level scores. Summary level scores for all assessments will be posted 30 days post-assessment in SPRS to provide DoD 

Components visibility into the summary level scores of strategic assessments. 

(1) Basic Assessments. An Offeror may follow the procedures in paragraph (c)(2) of this provision for posting Basic Assessments to SPRS. 

(i) The email shall include the following information: 

(A) Cybersecurity standard assessed (e.g., NIST SP 800 -171 Rev 1). 

(B) Organization conducting the assessment (e.g., Contractor self-assessment). 

(C) For each system security plan (security requirement 3.12.4) supporting the performance of a DoD contract -- 

(1) All industry Commercial and Government Entity (CAGE) code(s) associated with the information system(s) addressed by the 

system security plan; and 

(2) A brief description of the system security plan architecture, if more than one plan exists. 

(D) Date the assessment was completed. 

(E) Summary level score (e.g., 95 out of 110, NOT the individual value for each requirement). 

(F) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information 

gathered from associated plan(s) of action developed in accordance with NIST SP 800 -171. 

(ii) If multiple system security plans are addressed in the email described at paragraph (d)(1)(i) of this section, the Offeror shall use 

the following format for the report:

System security plan CAGE codes 

supported by this plan 

Brief description of the 

plan architecture Date of assessment Total score Date score of 110 will achieved 

(2) Medium and High Assessments. DoD will post the following Medium and/or High Assessment summary level scores to SPRS for each 

system assessed: 

(i) The standard assessed (e.g., NIST SP 800 -171 Rev 1). 

(ii) Organization conducting the assessment, e.g., DCMA, or a specific organization (identified by Department of Defense Activity 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 40 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

Address Code (DoDAAC)). 

(iii) All industry CAGE code(s) associated with the information system(s) addressed by the system security plan. 

(iv) A brief description of the system security plan architecture, if more than one system security plan exists. 

(v) Date and level of the assessment, i.e., medium or high. 

(vi) Summary level score (e.g., 105 out of 110, not the individual value assigned for each requirement). 

(vii) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information 

gathered from associated plan(s) of action developed in accordance with NIST SP 800 -171. 

(3) Accessibility. (i) Assessment summary level scores posted in SPRS are available to DoD personnel, and are protected, in accordance 

with the standards set forth in DoD Instruction 5000.79, Defense-wide Sharing and Use of Supplier and Product Performance Information 

(PI). 

(ii) Authorized representatives of the Offeror for which the assessment was conducted may access SPRS to view their own summary 

level scores, in accordance with the SPRS Software User's Guide for Awardees/Contractors available at https://www.sprs.csd.disa.mil/

pdf/SPRS_Awardee.pdf.

(iii) A High NIST SP 800 -171 DoD Assessment may result in documentation in addition to that listed in this section. DoD will retain and 

protect any such documentation as ``Controlled Unclassified Information (CUI)'' and intended for internal DoD use only. The information 

will be protected against unauthorized use and release, including through the exercise of applicable exemptions under the Freedom of 

Information Act (e.g., Exemption 4 covers trade secrets and commercial or financial information obtained from a contractor that is 

privileged or confidential). 

(End of provision)

 

252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020) DFARS

(a) Definitions.

Basic Assessment means a contractor's self assessment of the contractor's implementation of NIST SP 800 -171 that --

(1) Is based on the Contractor's review of their system security plan(s) associated with covered contractor information system(s); 

(2) Is conducted in accordance with the NIST SP 800 -171 DoD Assessment Methodology; and 

(3) Results in a confidence level of ``Low'' in the resulting score, because it is a self generated score. 

Covered contractor information system has the meaning given in the clause 252.204 -7012, Safeguarding Covered Defense Information and 

Cyber Incident Reporting, of this contract.

High Assessment means an assessment that is conducted by Government personnel using NIST SP 800 -171A, Assessing Security 

Requirements for Controlled Unclassified Information that --

(1) Consists of -- 

(i) A review of a contractor's Basic Assessment; 

(ii) A thorough document review; 

(iii) Verification, examination, and demonstration of a Contractor's system security plan to validate that NIST SP 800 -171 security 

requirements have been implemented as described in the contractor's system security plan; and 

(iv) Discussions with the contractor to obtain additional information or clarification, as needed; and 

(2) Results in a confidence level of ``High'' in the resulting score. 

Medium Assessment means an assessment conducted by the Government that --

(1) Consists of -- 

(i) A review of a contractor's Basic Assessment; 

(ii) A thorough document review; and 

(iii) Discussions with the contractor to obtain additional information or clarification, as needed; and 

(2) Results in a confidence level of ``Medium'' in the resulting score. 

(b) Applicability. This clause applies to covered contractor information systems that are required to comply with the National Institute of 

Standards and Technology (NIST) Special Publication (SP) 800 -171, in accordance with Defense Federal Acquisition Regulation System 

(DFARS) clause at 252.204 -7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, of this contract. 

(c) Requirements. The Contractor shall provide access to its facilities, systems, and personnel necessary for the Government to conduct a 

Medium or High NIST SP 800 -171 DoD Assessment, as described in NIST SP 800 -171 DoD Assessment Methodology at https://www.acq.

osd.mil/dpap/pdi/cyber/strategically_assessing_contractor_implementation_of_NIST_SP_800-171.html, if necessary. 

(d) Procedures. Summary level scores for all assessments will be posted in the Supplier Performance Risk System (SPRS) (https://www.sprs.

csd.disa.mil/) to provide DoD Components visibility into the summary level scores of strategic assessments. 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 41 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

(1) Basic Assessments. A contractor may submit, via encrypted email, summary level scores of Basic Assessments conducted in 

accordance with the NIST SP 800 -171 DoD Assessment Methodology to webptsmh@navy.mil for posting to SPRS. 

(i) The email shall include the following information: 

(A) Version of NIST SP 800 -171 against which the assessment was conducted. 

(B) Organization conducting the assessment (e.g., Contractor self-assessment). 

(C) For each system security plan (security requirement 3.12.4) supporting the performance of a DoD contract -- 

(1) All industry Commercial and Government Entity (CAGE) code(s) associated with the information system(s) addressed by the system 

security plan; and 

(2) A brief description of the system security plan architecture, if more than one plan exists. 

(D) Date the assessment was completed 

(E) Summary level score (e.g., 95 out of 110, NOT the individual value for each requirement). 

(F) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information 

gathered from associated plan(s) of action developed in accordance with NIST SP 800 -171. 

(ii) If multiple system security plans are addressed in the email described at paragraph (b)(1)(i) of this section, the Contractor shall use 

the following format for the report:

System security plan CAGE codes 

supported by this plan

Brief description of the 

plan architecture Date of assessment Total score Date score of 110 will achieved

(2) Medium and High Assessments. DoD will post the following Medium and/or High Assessment summary level scores to SPRS for each 

system security plan assessed: 

(i) The standard assessed (e.g., NIST SP 800 -171 Rev 1). 

(ii) Organization conducting the assessment, e.g., DCMA, or a specific organization (identified by Department of Defense Activity 

Address Code (DoDAAC)). 

(iii) All industry CAGE code(s) associated with the information system(s) addressed by the system security plan. 

(iv) A brief description of the system security plan architecture, if more than one system security plan exists. 

(v) Date and level of the assessment, i.e., medium or high. 

(vi) Summary level score (e.g., 105 out of 110, not the individual value assigned for each requirement). 

(vii) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information 

gathered from associated plan(s) of action developed in accordance with NIST SP 800 -171. 

(e) Rebuttals. 

(1) DoD will provide Medium and High Assessment summary level scores to the Contractor and offer the opportunity for rebuttal and 

adjudication of assessment summary level scores prior to posting the summary level scores to SPRS (see SPRS User's Guide https://www.

sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf). 

(2) Upon completion of each assessment, the contractor has 14 business days to provide additional information to demonstrate that they 

meet any security requirements not observed by the assessment team or to rebut the findings that may be of question. 

(f) Accessibility. 

(1) Assessment summary level scores posted in SPRS are available to DoD personnel, and are protected, in accordance with the standards 

set forth in DoD Instruction 5000.79, Defense-wide Sharing and Use of Supplier and Product Performance Information (PI). 

(2) Authorized representatives of the Contractor for which the assessment was conducted may access SPRS to view their own summary 

level scores, in accordance with the SPRS Software User's Guide for Awardees/Contractors available at https://www.sprs.csd.disa.mil/pdf/

SPRS_Awardee.pdf.

(3) A High NIST SP 800 -171 DoD Assessment may result in documentation in addition to that listed in this clause. DoD will retain and 

protect any such documentation as ``Controlled Unclassified Information (CUI)'' and intended for internal DoD use only. The information will 

be protected against unauthorized use and release, including through the exercise of applicable exemptions under the Freedom of 

Information Act (e.g., Exemption 4 covers trade secrets and commercial or financial information obtained from a contractor that is privileged 

or confidential). 

(g) Subcontracts.

(1) The Contractor shall insert the substance of this clause, including this paragraph (g), in all subcontracts and other contractual 

instruments, including subcontracts for the acquisition of commercial items (excluding COTS items). 

(2) The Contractor shall not award a subcontract or other contractual instrument, that is subject to the implementation of NIST SP 800 -171 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 42 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

security requirements, in accordance with DFARS clause 252.204 -7012 of this contract, unless the subcontractor has completed, within the 

last 3 years, at least a Basic NIST SP 800 -171 DoD Assessment, as described in https://www.acq.osd.mil/dpap/pdi/cyber/

strategically_assessing_contractor implementation_of_NIST_SP_800-171.html, for all covered contractor information systems relevant to its 

offer that are not part of an information technology service or system operated on behalf of the Government. 

(3) If a subcontractor does not have summary level scores of a current NIST SP 800 -171 DoD Assessment (i.e., not more than 3 years old 

unless a lesser time is specified in the solicitation) posted in SPRS, the subcontractor may conduct and submit a Basic Assessment, in 

accordance with the NIST SP 800 -171 DoD Assessment Methodology, to webptsmh@navy.mil for posting to SPRS along with the 

information required by paragraph (d) of this clause. 

(End of clause)

 

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

 

52.208-9 CONTRACTOR USE OF MANDATORY SOURCES OF SUPPLY OR SERVICES (MAY 2014) FAR

 

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

SUSPENDED, OR PROPOSED FOR DEBARMENT (NOV 2021) FAR

 

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) FAR

(a) Definitions. As used in this provision - 

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., 

Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services 

Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with 

performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or 

inspection of deliverables. 

“Federal contracts and grants with total value greater than $10,000,000” means - 

(1) The total value of all current, active contracts and grants, including all priced options; and 

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements 

contracts (including task and delivery and multiple-award Schedules). 

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business 

entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). 

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. 

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has 

entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of 

submission of this offer with regard to the following information: 

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by 

the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following 

dispositions: 

(i) In a criminal proceeding, a conviction. 

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or 

damages of $5,000 or more. 

(iii) In an administrative proceeding, a finding of fault and liability that results in - 

(A) The payment of a monetary fine or penalty of $5,000 or more; or 

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000. 

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by 

the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. 

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has 

provided the requested information with regard to each occurrence. 

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an 

active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7). 

(End of provision) 

 

 

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) FAR

 

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015) FAR

 

252.209-7002 DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (JUN 2010) DFARS
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 43 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

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

(1) “Effectively owned or controlled” means that a foreign government or any entity controlled by a foreign government has the power, 

either directly or indirectly, whether exercised or exercisable, to control the election, appointment, or tenure of the Offeror's officers or a 

majority of the Offeror's board of directors by any means, e.g., ownership, contract, or operation of law (or equivalent power for 

unincorporated organizations). 

(2) “Entity controlled by a foreign government” -- 

(i) Means -- 

(A) Any domestic or foreign organization or corporation that is effectively owned or controlled by a foreign government; or 

(B) Any individual acting on behalf of a foreign government. 

(ii) Does not include an organization or corporation that is owned, but is not controlled, either directly or indirectly, by a foreign 

government if the ownership of that organization or corporation by that foreign government was effective before October 23, 1992. 

(3) “Foreign government” includes the state and the government of any country (other than the United States and its outlying areas) as well 

as any political subdivision, agency, or instrumentality thereof. 

(4) “Proscribed information” means -- 

(i) Top Secret information; 

(ii) Communications security (COMSEC) material, excluding controlled cryptographic items when unkeyed or utilized with unclassified 

keys; 

(iii) Restricted Data as defined in the U.S. Atomic Energy Act of 1954, as amended; 

(iv) Special Access Program (SAP) information; or 

(v) Sensitive Compartmented Information (SCI). 

(b) Prohibition on award. No contract under a national security program may be awarded to an entity controlled by a foreign government if 

that entity requires access to proscribed information to perform the contract, unless the Secretary of Defense or a designee has waived 

application of 10 U.S.C. 2536(a). 

(c) Disclosure. The Offeror shall disclose any interest a foreign government has in the Offeror when that interest constitutes control by a 

foreign government as defined in this provision. If the Offeror is a subsidiary, it shall also disclose any reportable interest a foreign government 

has in any entity that owns or controls the subsidiary, including reportable interest concerning the Offeror's immediate parent, intermediate 

parents, and the ultimate parent. Use separate paper as needed, and provide the information in the following format: 

Offeror's Point of Contact for Questions about Disclosure 

(Name and Phone Number with Country Code, City Code and Area Code, as applicable) 

Name and Address of Offeror 

Name and Address of Entity Controlled by a Foreign Government 

Description of Interest, Ownership Percentage, and Identification of Foreign Government 

(End of provision)

 

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

 

52.211-5 MATERIAL REQUIREMENTS (AUG 2000) FAR

 

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991) FAR

 

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991) FAR

 

52.215-1 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION (NOV 2021) FAR

 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 44 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

52.215-2 AUDIT AND RECORDS - NEGOTIATION (JUN 2020) FAR

 

52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997) FAR

 

52.215-14 INTEGRITY OF UNIT PRICES (JUN 2020) FAR

 

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997) FAR

(a) The Contractor shall make the following notifications in writing: 

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the 

valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 

days. 

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or 

are certain to occur as a result of a change in ownership. 

 

(b) The Contractor shall- 

(1) Maintain current, accurate, and complete inventory records of assets and their costs; 

(2) Provide the ACO or designated representative ready access to the records upon request; 

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives 

are identified accurately before and after each of the Contractor's ownership changes; and 

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor 

ownership change. 

 

(c) The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of 

FAR 15.408(k). 

(End of clause) 

 

 

52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST AND PRICING 

DATA (NOV 2021) FAR

(a) Exceptions from certified cost or pricing data. (1) In lieu of submitting certified cost or pricing data, offerors may submit a written request for 

exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting 

information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and 

reasonable. 

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or 

similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting 

office. 

(ii) Commercial product and commercial service exception. For a commercial product and commercial service exception, the offeror shall 

submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market 

that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include - 

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a 

statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current 

discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain 

the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the 

price of recent sales in quantities similar to the proposed quantities; 

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, 

and applicable discounts. In addition, describe the nature of the market; 

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been 

granted for the schedule item. 

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, 

documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. 

For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data 

relevant solely to the offeror's determination of the prices to be offered in the catalog or marketplace. 

(b) Requirements for certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or 

pricing data, the following applies: 

(1) The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting 

attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 45 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be 

used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I. 

(2) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the 

offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2. 

(End of provision)

 

52.216-18 ORDERING (AUG 2020) FAR

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the 

individuals or activities designated in the Schedule. Such orders may be issued from the beginning of contract perfromance through the 

end of contract performance [insert dates]. 

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or 

task order and this contract, the contract shall control. 

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued 

orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. 

(End of clause) 

 

52.216-19 ORDER LIMITATIONS (OCT 1995) FAR

As prescribed in 16.506(b), insert a clause substantially the same as follows: 

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 100 bars [insert 

dollar figure or quantity], 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 in excess of IQC Maximum per line item [insert dollar figure or quantity]; 

(2) Any order for a combination of items in excess of IQC Maximum(s) per line item(s) [insert dollar figure or quantity]; or 

(3) A series of orders from the same ordering office within 2 days that together call for quantities exceeding the limitation in paragraph (b)(1) 

or (2) of this section. 

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation 

(FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximumorder 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 1 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. 

(End of clause)

 

52.216-22 INDEFINITE QUANTITY (OCT 1995) FAR

As prescribed in 16.506(e), insert the following clause: 

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The 

quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. 

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall 

furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated 

in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the 

“minimum.” 

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may 

be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. 

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor 

within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that 

order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 46 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

required to make any deliveries under this contract after contract performance end date, if orders are placed after. [insert date]. 

(End of clause) 

 

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2020-O0008) (OCT 2020) FAR

(a) Definition. “Small business concern,” as used in this clause, means a concern, including its affiliates, that is independently owned and 

operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size 

standards in this solicitation. 

(b) Applicability. This clause applies only to -- 

(1) Contracts that have been totally set aside for small business concerns; and 

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F). 

(c) General. 

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be 

considered nonresponsive and will be rejected. 

(2) Any award resulting from this solicitation will be made to a small business concern. 

(d) Agreement. 

(1) For a contract or an order at or below the simplified acquisition threshold, a small business concern may provide the end item of any 

firm. For a contract or an order exceeding the simplified acquisition threshold, unless the Small Business Administration has waived the 

requirements of paragraphs (d)(1)(i) through (iii) of this clause in accordance with 13 CFR 121.1204, a small business concern that provides 

an end item it did not manufacture, process, or produce, shall -- 

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas; 

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and 

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; 

for example, providing storage, transportation, or delivery. 

(2) For contracts or orders for multiple end items, at least 50 percent of the total value of the contract or order shall be manufactured, 

processed, or produced in the United States or its outlying areas by small business concerns. 

(3) Paragraphs (d)(1) through (2) of this clause do not apply to construction or service contracts. 

(End of clause)

 

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018) FAR

 

52.219-16 LIQUIDATED DAMAGES - SUBCONTRACTING PLAN (JAN 1999) FAR

 

52.219-28 POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2021) FAR

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that 

exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under 

the clause at 52.217-8, Option to Extend Services, or other appropriate authority. 

Small business concern -- 

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is 

bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in 

paragraph (d) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major 

influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining 

whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, 

financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, 

sales territory, and nature of business activity. 

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the 

others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is 

given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines 

affiliation based on the factors set forth at 13 CFR 121.103. 

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the 

Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 47 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

clause, upon occurrence of any of the following: 

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause if the 

novation agreement was executed prior to inclusion of this clause in the contract. 

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to 

include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. 

(3) For long-term contracts- 

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and 

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. 

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the 

Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this 

clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract. 

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that 

corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard 

corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards, 

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a 

contract other than a construction or service contract, is 500 employees if the acquisition -- 

(1) Was set aside for small business and has a value above the simplified acquisition threshold; 

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; 

or 

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business 

set-aside or sole-source award regardless of dollar value. 

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this 

clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management 

(SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the 

contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this 

clause), that the data have been validated or updated, and provide the date of the validation or update. 

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not 

required to, take the actions required by paragraphs (f) or (h) of this clause. 

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code 

applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along 

with the contract number and the date on which the rerepresentation was completed: 

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code assigned to contract number . 

(2) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor 

represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. 

(3) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor 

represents that it [ ] is, [ ] is not a women-owned small business concern. 

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the Contractor represented itself 

as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor represents that -- 

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB 

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and 

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) 

of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The Contractor 

shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating 

in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate 

signed copy of the WOSB representation. 

(5) Economically disadvantaged women-owned small business (EDWOSB) concern.[Complete only if the Contractor represented itself as a 

women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause. ] The Contractor represents that -- 

(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB 

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and 

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(5)(i) 

of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of 

the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in 

the joint venture shall submit a separate signed copy of the EDWOSB representation. 

(6) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 48 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

represents that it [ ] is, [ ] is not a veteran-owned small business concern. 

(7) [ Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The 

Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern. 

(8) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor 

represents that -- 

(i) It [ ] is, [ ]is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone 

Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal 

office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and 

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in 

paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The 

Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each 

HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone 

representation. 

[Contractor to sign and date and insert authorized signer's name and title.] 

(End of clause)

 

252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS)—BASIC (DEC 2019) DFARS

 

52.222-19 CHILD LABOR - COOPERATION WITH AUTHORITIES AND REMEDIES (DEVIATION 2020-O0019) (JUL 2020) FAR

(a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in -- 

(1) Israel, and the anticipated value of the acquisition is $50,000 or more; 

(2) Mexico, and the anticipated value of the acquisition is $83,099 or more; or 

(3) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, 

Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, 

Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, 

Sweden, Switzerland, Taiwan, Ukraine, or the United Kingdom and the anticipated value of the acquisition is $182,000 or more. 

(b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured 

by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child 

labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222-18, 

Certification Regarding Knowledge of Child Labor for Listed End Products, or the equivalent at 52.212-3(i), the Contractor agrees to cooperate 

fully with authorized officials of the contracting agency, the Department of the Treasury, or the Department of Justice by providing reasonable 

access to records, documents, persons, or premises upon reasonable request by the authorized officials. 

(c) Violations. The Government may impose remedies set forth in paragraph (d) for the following violations: 

(1) The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end 

products. 

(2) The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of 

forced or indentured child labor by an Inspector General, Attorney General, or the Secretary of the Treasury. 

(3) The Contractor uses forced or indentured child labor in its mining, production, or manufacturing processes. 

(4) The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly 

or in part by forced or indentured child labor. (The Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this 

clause unless sufficient evidence indicates that the Contractor knew of the violation.) 

(d) Remedies. 

(1) The Contracting Officer may terminate the contract. 

(2) The suspending official may suspend the Contractor in accordance with procedures in FAR Subpart 9.4. 

(3) The debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR Subpart 

9.4. 

(End of clause) 

 

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

 

52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999) FAR

 

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020) FAR
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 49 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

 

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

 

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

 

52.222-50 COMBATING TRAFFICKING IN PERSONS (OCT 2020) FAR

 

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

 

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUN 2020) FAR

 

52.223-20 AEROSOLS (JUN 2016) FAR

 

52.223-21 FOAMS (JUN 2016) FAR

 

252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013) DFARS

 

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) FAR

 

252.225-7000 BUY AMERICAN STATUTE - BALANCE OF PAYMENTS PROGRAM CERTIFICATE (NOV 2014) DFARS

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “foreign end product,” “qualifying 

country,” “qualifying country end product,” and “United States,” as used in this provision, have the meanings given in the Buy American and 

Balance of Payments Program --Basic clause of this solicitation. 

(b) Evaluation. The Government -- 

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation 

Supplement; and 

(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American statute or the Balance of 

Payments Program. 

(c) Certifications and identification of country of origin.

(1) For all line items subject to the Buy American and Balance of Payments Program --Basic clause of this solicitation, the offeror certifies 

that -- 

(i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product; and 

(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or 

manufactured outside the United States or a qualifying country. 

(2) The offeror certifies that the following end products are qualifying country end products: 

Line Item Number Country of Origin 

 

 (3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify 

as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the 

definition of “domestic end product”: 

Line Item Number Country of Origin (If known) 

 

(End of provision) 

 

252.225-7000 BUY AMERICAN STATUTE - BALANCE OF PAYMENTS PROGRAM CERTIFICATE (NOV 2014), ALT I (NOV 2014) 

DFARS

 

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM - BASIC (DEC 2017) DFARS

 

252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 2017) DFARS
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 50 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

 

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017) 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 

Luxembourg 

Netherlands 

Norway 

Poland 

Portugal 

Slovenia 

Spain 

Sweden 

Switzerland 

Turkey 

United Kingdom of Great Britain and Northern Ireland. 

“Structural component of a tent” -- 

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

(ii) 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. 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 51 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

 (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 (FAR), 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 simplified acquisition threshold in FAR Part 2; 

(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, include3⁄4 

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

Appliances); 

(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 UnitedStates; 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)

 

252.225-7041 CORRESPONDENCE IN ENGLISH (JUN 1997) DFARS

 

252.225-7052 RESTRICTION ON THE ACQUISITION OF CERTAIN MAGNETS, TANTALUM, AND TUNGSTEN (OCT 2020) DFARS

 

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

 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 52 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

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

 

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS —NOTICE AND REPRESENTATION (JUN 2020) FAR

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

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, 

manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the 

United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means --

(1) A citizen or resident of the United States; 

(2) A domestic partnership; 

(3) A domestic corporation; 

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and 

(5) Any trust if -- 

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and 

(ii) One or more United States persons have the authority to control all substantial decisions of the trust. 

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such 

payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7. 

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would claim an 

exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign 

Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. Any exemption claimed and selfcertified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax 

are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring 

agency rather than to the IRS. 

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that -- 

(1) It [ ] is [ ] is not a foreign person; and 

(2) If the Offeror indicates “is” in paragraph (d)(1) of this provision, then the Offeror represents that --I am claiming on the IRS Form W-14 [ ] 

a full exemption, or [ ] partial or no exemption [Offeror shall select one] from the excise tax. 

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then -- 

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and 

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be 

applied to any resulting contract and the Government will withhold a full 2 percent of each payment. 

(f) If the Offeror selects “is” in paragraph (d)(1) and “partial or no exemption” in paragraph (d)(2) of this provision, the Offeror will be subject to 

withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract. 

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is 

called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue 

Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of 

facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of provision)

 

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENT (FEB 2021) FAR

 

52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (DEVIATION 2018-O0015) (MAY 2018), ALT I (MAY 

2018) FAR

As prescribed in 30.201-3(b), add the following paragraph (c)(5) to Part I of the basic provision: 

[ ] (5) Certificate of Disclosure Statement Due Date by Educational Institution. If the offeror is an educational institution that, under the 

transition provisions of 48 CFR 9903.202-1(f), is or will be required to submit a Disclosure Statement after receipt of this award, the offeror 

hereby certifies that (check one and complete): 

[ ] (i) A Disclosure Statement Filing Due Date of has been established with the cognizant Federal agency. 

[ ] (ii) The Disclosure Statement will be submitted within the 6-month period ending months after receipt of this award. 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 53 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

Name and Address of Cognizant ACO or Federal Official Where Disclosure Statement is to be Filed: 

 

252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991) DFARS

 

52.232-1 PAYMENTS (APR 1984) FAR

 

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002) FAR

 

52.232-11 EXTRAS (APR 1984) FAR

 

52.232-17 INTEREST (MAY 2014) FAR

 

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014) FAR

 

52.232-25 PROMPT PAYMENT (JAN 2017) FAR

 

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD MANAGEMENT (OCT 2018) FAR

 

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) FAR

 

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018) DFARS

 

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

(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.”)
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 54 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

(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

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

 

52.233-1 DISPUTES (MAY 2014) FAR

 

52.233-3 PROTEST AFTER AWARD (AUG 1996) FAR

 

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) FAR

 

5452.233-9001 DISPUTES - AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (JUN 2020) DLAD 

 

(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the 

parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort 

when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute. 

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation 

rejecting ADR must be signed by an official authorized to bind the Contractor (see Federal Acquisition Regulation (FAR) clause 52.233-1), or, 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 55 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

for the Agency, by the Contracting Officer, and approved at a level above the Contracting Officer after consultation with the ADR Specialist and 

with legal. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the Contracting Officer before 

determining ADR to be inappropriate. 

(c) The offeror should check here to opt out of this clause: 

[ ] Alternate wording may be negotiated with the contracting officer. 

 

52.242-5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (JAN 2017) FAR

 

52.243-1 CHANGES - FIXED PRICE (AUG 1987) FAR

 

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) DFARS

 

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 

(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)

 

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUL 2021) FAR

 

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (OCT 2020) 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 [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]. 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 56 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

(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 

[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. 

(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)

 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 57 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

52.246-23 LIMITATION OF LIABILITY (FEB 1997) 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 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)

 

52.247-63 PREFERENCE FOR U.S. - FLAG AIR CARRIERS (JUN 2003) FAR

 

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

(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. 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 58 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

“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 -- 

(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; 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 59 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

(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

 

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) FAR

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the 

Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): 

FAR: https://www.acquisition.gov/?q=browsefar

DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

 (End of clause)

 

52.253-1 COMPUTER GENERATED FORMS (JAN 1991) FAR

 

252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES - REPRESENTATION (DEC 2019) DFARS

(a) Definitions. As used in this provision, “covered defense telecommunications equipment or services” has the meaning provided in the 

clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services. 

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for 

entities excluded from receiving federal awards for “covered defense telecommunications equipment or services”. 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 60 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

(c) Representation. The Offeror represents that it [ ] does, [ ] 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. 

(End of provision)

 

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

(JAN 2021) DFARS

 

252.225-7048 EXPORT CONTROLLED ITEMS (JUN 2013) DFARS

 

252.225-7051 PROHIBITION ON ACQUISITION OF CERTAIN FOREIGN COMMERCIAL SATELLITE SERVICES (DEVIATION 2021-

O0006) (JUN 2021) DFARS

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

“Covered foreign country” means -- 

(i) The People's Republic of China; 

(ii) North Korea; 

(iii) The Russian Federation; or 

(iv) Any country that is a state sponsor of terrorism. (10 U.S.C. 2279) 

“Foreign entity” means -- 

(i) Any branch, partnership, group or sub-group, association, estate, trust, corporation or division of a corporation, or organization organized 

under the laws of a foreign state if either its principal place of business is outside the United States or its equity securities are primarily 

traded on one or more foreign exchanges. 

(ii) Notwithstanding paragraph (i) of this definition, any branch, partnership, group or sub-group, association, estate, trust, corporation or 

division of a corporation, or organization that demonstrates that a majority of the equity interest in such entity is ultimately owned by U.S. 

nationals is not a foreign entity. (31 CFR 800.212) 

“Government of a covered foreign country” includes the state and the government of a covered foreign country, as well as any political 

subdivision, agency, or instrumentality thereof. 

“Launch vehicle” means a fully integrated space launch vehicle. (10 U.S.C. 2279) 

“Satellite services” means communications capabilities that utilize an on-orbit satellite for transmitting the signal from one location to another. 

“State sponsor of terrorism” means a country determined by the Secretary of State, under section 1754(c)(1)(A)(i) of the Export Control Reform 

Act of 2018 (Title XVII, Subtitle B, of the National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232)], to be a country the 

government of which has repeatedly provided support for acts of international terrorism. As of the date of this provision, state sponsors of 

terrorism include: Iran, North Korea, and Syria. (10 U.S.C. 2327) 

(b) Limitation. Unless specified in its offer, the Contractor shall not provide satellite services under this contract that -- 

(1) Are from a covered foreign country; or 

(2) Except as provided in paragraph (c), use satellites that will be- 

(i) Designed or manufactured -- 

(A) In a covered foreign country; or 

(B) By an entity controlled in whole or in part by, or acting on behalf of, the government of a covered foreign country; or 

(ii) Launched outside the United States using a launch vehicle that is designed or manufactured -- 

(A) In a covered foreign country; or 

(B) Provided by -- 

(1) The government of a covered foreign country; or 

(2) An entity controlled in whole or in part by, or acting on behalf of, the government of a covered foreign country. 

(c) Exception. The limitation in paragraph (b)(2) shall not apply with respect to -- 

(1) A launch that occurs prior to December 31, 2022; or 

(2) A satellite service provider that has a contract or other agreement relating to launch services that, prior to June 10, 2018, was either 

fully paid for by the satellite service provider or covered by a legally binding commitment of the satellite service provider to pay for such 

services. 

(End of clause)

 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 61 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

252.239-7098 PROHIBITION ON CONTRACTING TO MAINTAIN OR ESTABLISH A COMPUTER NETWORK UNLESS SUCH NETWORK 

IS DESIGNED TO BLOCK ACCESS TO CERTAIN WEBSITES – REPRESENTATION (DEVIATION 2021-O0003) (APR 2021)

(a) In accordance with section 8116 of Division C of the Consolidated Appropriations Act, 2021 (Pub. L. 116-260), or any other Act that 

extends to fiscal year 2021 funds the same prohibitions, none of the funds appropriated (or otherwise made available) by this or any other Act 

for DoD may be used to enter into a contract to maintain or establish a computer network unless such network is designed to block access to 

pornography websites. This prohibition does not limit the use of funds necessary for any Federal, State, tribal, or local law enforcement 

agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities, or for any activity necessary for the 

national defense, including intelligence activities. 

(b) Representation. By submission of its offer, the Offeror represents that it is not providing as part of its offer a proposal to maintain or 

establish a computer network unless such network is designed to block access to pornography websites. 

(End of provision)

 

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

EQUIPMENT (OCT 2020) FAR

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide 

covered 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 paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications 

Equipment or Services --Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and CertificationsCommercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it 

“does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered 

telecommunications equipment or services” in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 

52.212-3. 

(a) Definitions. As used in this provisionBackhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming,

and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain 

Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) 

prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to 

procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or 

essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to -- 

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a thirdparty, such as backhaul, roaming, or interconnection arrangements; or 

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or 

packets that such equipment transmits or otherwise handles. 

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the 

head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity 

that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential 

component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications 

equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be 

construed to -- 

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, 

such as backhaul, roaming, or interconnection arrangements; or 

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or 

packets that such equipment transmits or otherwise handles. 

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for 

entities excluded from receiving federal awards for “covered telecommunications equipment or services.” 

(d) Representations. The Offeror represents that -- 

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, 

subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information 

required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and 

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that -- 

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses 

covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph 

(e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section. 

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 62 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: 

(i) For covered equipment -- 

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and 

whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); 

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, 

manufacturer part number, or wholesaler number; and item description, as applicable); and 

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would 

be permissible under the prohibition in paragraph (b)(1) of this provision. 

(ii) For covered services -- 

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item 

being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, 

as applicable); or 

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed 

use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the 

prohibition in paragraph (b)(1) of this provision. 

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in 

paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: 

(i) For covered equipment -- 

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and 

whether the entity was the OEM or a distributor, if known); 

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, 

manufacturer part number, or wholesaler number; and item description, as applicable); and 

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would 

be permissible under the prohibition in paragraph (b)(2) of this provision. 

(ii) For covered services -- 

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item 

being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, 

as applicable); or 

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered 

telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph 

(b)(2) of this provision. 

(End of provision)

 

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR 

EQUIPMENT (AUG 2020) FAR

 

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT 2020) FAR

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. 

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for 

entities excluded from receiving federal awards for “covered telecommunications equipment or services”. 

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered 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. 

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ] does, [ ] does not use covered 

telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or 

services. 

 (End of provision)

 

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) FAR

 

SECTION I2

I-2 Production Facility Changes 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 63 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

 

Any change in the production facility initially stated in the contract must be approved by the Contracting Officer. 

Written requests for a change in production facilities must be submitted in writing to the Contracting Officer. 

Changes in production facilities may be approved provided: 

 

(1) Performance by small business or in labor surplus areas as required by the contract will not be changed; 

(2) The change will not cause a delay in delivery or necessitate a change in the purchase description; 

(3) The freight on board (f.o.b.) point is not changed; and

(4) Each request is supported by a price reduction of $250.00 to cover the Government's administrative costs to 

process the change. 

The Government reserves the right to deny approval even if these four elements are met. 

I-3 Food Defense 

Refer to Section E for Food Defense Plan Requirements 

 

I -4 Integrated Pest Management Plan 

Integrated Pest Management (IPM) Program Requirements for Operational Rations 

Applicable to all Operational Rations Facilities 

15 November 2017 

I. Scope and Applicability: 

A. All contractors and/or subcontractors who manufacture, repackage, store, assemble, or ship Government 

Furnished Material (GFM) and/or Contractor Furnished Material (CFM) used in the production and/or assembly 

of operational rations are required to have an integrated pest management program in place. The IPM program 

implemented needs to adequately protect products from infestation and/or contamination by insects (or other 

arthropods), rodents, birds, or other animals. Contractors/ subcontractors supplying other than subsistence items 

for the Operational Rations programs are exempt from this requirement. However, suppliers of nonfood items 

must adhere to Good Manufacturing Practices to avoid the introduction of filth and/or pests into associated food 

manufacturing and assembly facilities.

 

B. The IPM program implemented shall comply with the Federal Food, Drug and Cosmetic Act; the 

Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) as amended; and any regulations 

promulgated there under.

 

C. SECTION RESERVED 

 

D. Contractors and/or subcontractors of products with Higher Level Quality Requirements (documented Quality 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 64 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

Systems Plan required) must submit the following to DLA Troop Support-FTS as part of their Quality System 

Plan:

1. A statement on whether service is in-house or provided by an external provider. If the service provider is 

external, submit the name of the company/provider. Additionally, a copy of the current pesticide applicator 

certificate/license shall be submitted for either in-house or external service providers.

2. A map of the facility indicating the location of pest management devices (pheromone traps, rodent control 

devices, etc.). If more than one facility is used (i.e. storage of ingredients or finished goods), a map for each 

facility is required.

3. A statement identifying the normal frequency (weekly, bi-weekly, etc.) of inspecting pest management 

devices by company personnel and/or contracted service, as applicable.

4. If pesticides are stored on site, how are they controlled (who has access, is the inventory monitored, etc.)?

 

E. The IPM program shall be in existence prior to contract award. The program shall also be fully 

implemented prior to initial receipt, production, storage, assembly, or shipment of Operational Ration 

components, end items, or final assemblies. The Contracting Officer may take whatever action is 

deemed necessary to ensure full compliance with any and all aspects of the IPM program. The 

Government reserves the right to inspect the premises and associated products and materials and to 

reject those products and/or materials evidencing pest infestation/contamination or determined to be 

produced or held under unsanitary conditions.

 

II. Integrated Pest Management (IPM) Program Concepts 

 

A. IPM may be defined as "the use of all appropriate technological and management techniques to bring about an 

effective degree of pest prevention and suppression in a cost-effective, environmentally sound manner". 

Accordingly, the goal of IPM is to minimize the adverse environmental impact of pesticides while achieving an 

acceptable level of control and cost effectiveness. The single most important aspect of IPM in the food 

processing and storage industry is SANITATION.

B. Basic IPM Program Elements 

1. Sanitation, housekeeping, and good manufacturing practices. 

2. Continuous product and facility inspections to include a pest surveillance program, utilizing 

pheromone surveillance technology. 

3. Proper facility design, maintenance, and physical pest exclusion. 

4. Proper stock handling and warehousing techniques. 

5. Appropriate use of mechanical pest control techniques and trapping strategies. 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 65 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

6. Proper selection and application of pesticides, using those of least toxicity where feasible. 

 

III. IPM Program Required Elements 

This section contains required elements of the IPM program for Operational Rations, and should be addressed 

in the program implemented. All program elements should be addressed. Requests for waivers and/or 

modifications to any of the elements contained in the IPM program must be submitted in writing to DLA Troop 

Support- FTSB thru the Contracting Officer for consideration. 

 

A. Sanitation, Housekeeping, and Good Manufacturing Practices

1. At least one (1) week prior to the initiation of any associated contract operation, all portions of the subject 

facility shall be rendered sanitary and pest free. A comparable level of sanitation shall be achieved in all 

adjacent facility areas, even if not directly associated with Government contract operations. 

2. Any equipment not required in the handling or processing of food or non-food items, and which is not a part 

of the required production/assembly process, shall be clean and properly maintained to preclude pest 

infestation/harborage. 

3. Spilled food or ingredients, residue from damaged product, waste packaging or packing materials, and all 

other debris shall be cleaned up and properly disposed of by the end of each workday. Infested residue or 

debris shall be disposed of immediately. Waste receptacles shall be kept covered at all times. 

4. Inbound conveyances shall be inspected to determine that they have arrived in a sanitary and pest free 

condition. Evidence of conveyance infestation shall be immediately reported to DLA Troop Support. 

Outbound conveyances shall be inspected and rendered sanitary and pest free before loading. 

5. Damaged product shall not be placed in the general storage area. Damaged product discovered in the general 

storage area shall be removed to a designated rework/salvage area. The rework/salvage area shall be 

maintained in a highly sanitary and pest free condition at all times. Damaged product, which cannot be 

salvaged, shall be expeditiously disposed of with the approval of the Contracting Officer when required. 

6. Ingredient mixing/batching rooms/areas shall receive detailed attention to sanitation requirements. Product 

residues associated with such operations shall not be allowed to accumulate. 

7. The facility grounds shall be maintained in a neat and orderly manner, free of trash, debris, and 

accumulations of excess materials and equipment, which may provide harborage for insect and rodent 

pests. Dumpsters shall be kept covered at all times. 

B. Product/Facility Inspections and Pest Surveillance

1. All incoming products and materials, including packaging and packing materials shall be inspected upon 

receipt for evidence of pest infestation/contamination. Pallets should be clean and free of debris. Special 

attention should be given to the receipt of raw ingredients and spices, as these items are highly 

susceptible to infestation.

2. Daily facility walk-through sanitary inspections should be conducted in order to identify damaged product, 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 66 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

infested/contaminated materials, facility maintenance needs, and to evaluate the overall effectiveness of 

sanitation and pest management programs.

NOTE: The procedures in the following paragraph 3 must be fully implemented within thirty (30) 

days of contract award for solicitations containing this IPM program. 

 

3. Insect surveillance shall be accomplished by means of pheromone trapping, utilizing specific or 

combination pheromone traps to provide surveillance for the major stored product pest species 

commonly infesting processed foods and ingredient items. NOTE: If Pheromone traps are not utilized, 

the rationale for non-use should be clearly indicated in the plan.

a. Pheromone traps shall be located at appropriate intervals throughout all ingredient and food 

component storage areas to provide for early detection of stored product insect activity. 

Pheromone lures shall be periodically changed in accordance with the manufacture's 

recommendations. Damaged and/or dirty traps shall be changed when necessary.

b. Trap monitoring should be accomplished jointly by contractor and pest control subcontractor 

personnel when an external service provider is used. The in-plant Government Quality Assurance 

Representative (GQAR) shall have access to the monitoring records. Reports of activity over an 

extended period without action being taken shall be reported to the Contracting officer and DLA 

Troop Support-FTS. A written corrective and preventive action plan from the contractor shall be 

requested if the problem persists. If insect activity is observed within contractor facilities by the 

GQAR during the course of contract operations, exclusive of pheromone traps and electrocution 

devices, the GQAR shall immediately, verbally, notify the contractor and confirm this in writing. A 

copy of the written report shall simultaneously e-mailed to the Contracting Officer and DLA Troop 

Support-FTS. The contractor shall take immediate action and submit a written corrective plan 

(including specimen identification by the Contractor's Pest Management Company or Qualified Pest 

Management personnel) within 5-working days to the Contracting Officer and DLA Troop SupportFTS.

 

C. Facility Design, Maintenance, and Pest Exclusion

1. Roofs and walls shall be maintained in a good state of repair to prevent leaks and accumulations of standing 

water. 

2. All holes or gaps in interior and exterior walls shall be sealed as necessary on a continual basis. 

3. All exterior openings, including windows, air exchangers (unless fitted with operable louvers), vents, and 

doors which may remain open, shall be properly screened. 

4. All door entrances shall be self-closing and constructed of rodent-proof material in such a manner to preclude 

rodent entry when closed. Cargo or dock doors shall be equipped either with inflatable/adjustable boots, 

full-length vinyl strips, and/or properly functioning air curtains. Cargo doors left open for ventilation shall 

be fitted with framed screen inserts to prevent insect entry. 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 67 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

5. Cleaning and caulking/sealing of facility floor and wall cracks/joints should be attended to as necessary 

on a continuing basis. 

D. Stock Handling and Warehousing Techniques

 

1. Infestible food components and ingredients shall be stored a minimum of 18 inches away from all walls and 

partitions. Inspection aisles of not less than 18 inches shall be maintained between each two (2) rows or stacks 

of subject product. Pallet rack systems are acceptable as long as all product is readily accessible for inspection. 

Infestible ingredient items, when stored in rack systems, shall be located at the lowest levels and consolidated 

for ease of monitoring and surveillance.

 

2. Two or more infestible components shall not be located on a single pallet.

 

3. Proper stock handling practices, designed to minimize product damage, shall be enforced throughout the 

course of contract operations.

 

4. Commercial ingredient items of an infestible nature shall be stored separately from ingredient items used 

in the Government contract operation. Remaining commercial components and end items shall be 

segregated to the maximum extent possible, given the physical constraints of the storage facility.

 

E. Mechanical Control and Trapping Strategies

 

1. Mechanical rodent control devices and/or traps may be utilized in any area of the food processing and storage 

facility as long as they do not interfere with normal production operations. These devices are used in lieu of 

bait stations containing rodenticides. If food type bait materials are used in conjunction with traps, they 

should be monitored for potential insect infestation. A map or layout of all facilities showing the existing or 

intended locations of mechanical rodent control devices shall be included.

 

2. Rodent glue boards may be utilized as required for control and also as a means of rodent surveillance.

 

3. Reliance on magnetic or sonic repelling devices for insect, rodent, and/or bird control is not recommended.

4. Properly approved and installed insect electrocution devices may be utilized in all areas of the facility at the 

discretion of the contractor. Electrocution devices shall be maintained in a clean and sanitary manner and 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 68 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

positioned so as not to contaminate food products or food contact surfaces. 

F. Pesticide Selection and Application

 

1. Applicator and Pesticide Documentation

a. The application of pesticides, categorized as "Restricted Use" by the Environmental Protection Agency 

(EPA), shall only be performed by properly trained and certified pesticide applicators. Legible copies of 

valid State applicator licenses/ certifications for in-house (contractor) personnel applying "Restricted Use" 

pesticides on the premises shall be provided. Legible copies of product labels for any "Restricted Use" 

pesticide proposed for use shall be available for on-site review and/or provided upon written request from 

the Contracting Officer. 

b. The application of "General Use" pesticides may be performed by trained persons. Individual State 

restrictions may apply to the application of "General Use" pesticides in a commercial food processing and/

or storage facility. The names and qualifications for in-house personnel applying "General Use" pesticides 

on the premises shall be provided, if not commercially certified as above. Legible copies of product labels 

for any "General Use" pesticide proposed for use shall be available for on-site review and/or provided upon 

written request from the Contracting Officer. 

2. The selection, application method, and frequency of application for residual insecticides, flushing agents, 

space treatment chemicals, insect growth regulators, rodenticides, and herbicides shall be left to the 

discretion of the contractor or the pest control subcontractor. Pesticide application and treatment records 

shall be kept for each facility treated and shall be maintained for a minimum of one (1) year. These treatment 

records shall be made available to the Government upon request and shall be reviewed during Quality 

Systems Audits or other visits to the establishment.

NOTE: Residual insecticides applied in processing facilities, which fall under the jurisdiction of the USDA 

Food Safety and Inspection Service (FSIS) - Meat and Poultry Inspection Office (MPIO), shall be applied in 

accordance with MPI directives and with the approval of the GQAR in Charge.

NOTE: In no case shall product, pouches/pouch material, meal bags/material, lids, cans, accessory bags, 

or unassembled component items be exposed during pesticide applications.

3. Facility exterior perimeter rodent bait stations, containing an EPA approved rodenticide, are required. Bait 

stations shall be of the tamper proof type and secured for safety. The locations of the exterior bait stations 

shall be indicated on the facility maps or layouts. Rodenticides shall not be used in processing, assembly, or 

storage areas.

4. If a requirement exists for the use of toxic rodent tracking powders, a DLA Troop Support entomologist shall 

first be notified and approval granted for such use. Nontoxic tracking powders may be utilized at the 

discretion of the pest control service person.

5. A fumigation capability must be available in the event either product or facility fumigation becomes 

necessary. If fumigation is necessary, DLA Troop Support may request the source of the capability and a 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 69 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION I - CONTRACT CLAUSES (CONTINUED)

copy of the subject certification be provided.

NOTE: Retorted and pouch sealed components, as well as final assembled rations, shall not be fumigated 

unless authorized by the Contracting Officer (and as recommended by the DLA Troop Support Food 

Safety Office or DLA Troop Support-FTS). 

IV. Required Notifications 

Intended changes, additions, deletions, or other proposed modifications to an IPM program which impacts 

products intended for Government use shall be submitted to the Contracting Officer for evaluation by a DLA 

Troop Support-FTS before implementation. 

The Contracting Officer shall be immediately informed of any infestations found in product, packaging supplies, or 

within the facilities themselves. Immediate telephonic and/or e-mail notification to the Contracting Officer and DLA 

Troop Support-FTS Entomologist is required by the contractor and/or the GQAR as applicable. 

The GQAR and/or DLA Troop Support-FTS will inform contractors of unfavorable pest situations, as they are 

determined or observed during daily sanitary inspections or during audits. The contractor is required to submit 

a corrective and preventive action plan describing what actions are being taken to correct the unfavorable 

situation. 

 

 

 

Note: The successful awardee will be required to maintain an acceptable Food Defense Plan and a Integrated 

Pest Management Plan throughout the life of the contract. All plans must be submitted with initial offers. The 

awardee must have both requirements listed above approved by the contracting officer prior to contract 

award.

 

 

 

 

SECTION J - LIST OF ATTACHMENTS

List of Attachments

Description File Name

ATTACH_Performance_Re

adiness_Bar_Specification

Performance Readiness 

Bar PCR

 

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2021) DFARS

 Substitute the following paragraphs (b), d) and (e) for paragraph (b) and (d) of the provision at FAR 52.204-8: 

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (e) of this provision applies. 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 70 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS (CONTINUED)

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration 

in the System for Award Management (SAM), the Offeror may choose to use paragraph (e) of this provision instead of completing the 

corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking 

one of the following boxes: 

(i) [ ] Paragraph (e) applies. 

(ii) [ ] Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation. 

 

(d)(1) The following representations or certifications in the System for Award Management (SAM) database are applicable to this solicitation 

as indicated: 

(i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus --Representation. Applies to all solicitations with 

institutions of higher education. 

(ii) 252.216-7008, Economic Price Adjustment --Wage Rates or Material Prices Controlled by a Foreign Government. Applies to 

solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a 

foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages 

or prices of materials. 

(iii) 252.222-7007, Representation Regarding Combating Trafficking in Persons, as prescribed in 222.1771. Applies to solicitations with 

a value expected to exceed the simplified acquisition threshold. 

 iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country. 

(v) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services --Representations. Applies to solicitations 

for the acquisition of commercial satellite services. 

(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to 

all solicitations expected to result in contracts of $150,000 or more. 

(vii) 252.229-7012, Tax Exemptions (Italy) --Representation. Applies to solicitations and contracts when contract performance will be in 

Italy. 

(viii) 252.229-7013, Tax Exemptions (Spain) --Representation. Applies to solicitations and contracts when contract performance will be 

in Spain. 

(ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of 

ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold. 

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: 

[Contracting Officer check as appropriate.]

[ X ] (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government. 

[ X ] ii) 252.225-7000, Buy American --Balance of Payments Program Certificate. 

[ X ] (iii) 252.225-7020, Trade Agreements Certificate. 

[ ] Use with Alternate I.

[ ] (iv) 252.225-7031, Secondary Arab Boycott of Israel. 

[ ] (v) 252.225-7035, Buy American --Free Trade Agreements --Balance of Payments Program Certificate. 

[ ] Use with Alternate I.

[ ] Use with Alternate II.

[ ] Use with Alternate III.

[ ] Use with Alternate IV.

[ ] Use with Alternate V.

[ X ](vi) 252.226-7002, Representation for Demonstration Project for Contractors Employing Persons with Disabilities.

(e) The Offeror has completed the annual representations and certifications electronically via the SAM website at https://www.acquisition.gov/. 

After reviewing the SAM database information, the Offeror verifies by submission of the offer that the representations and certifications 

currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been 

entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size 

standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by 

reference (see FAR 4.1201); except for the changes identified below [Offeror to insert changes, identifying change by provision number, title, 

date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of 

the date of this offer. 

FAR/DFARS Provision # Title Date Change
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 71 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS (CONTINUED)

FAR/DFARS Provision # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in 

the SAM database. 

(End of provision)

 

52.207-4 ECONOMIC PURCHASE QUANTITY - SUPPLIES (AUG 1987) FAR

As prescribed in 7.203, insert the following provision: 

(a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or quotes are requested in this 

solicitation is (are) economically advantageous to the Government. 

 

(b) Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an economic 

purchase quantity. If different quantities are recommended, a total and a unit price must be quoted for applicable items. An economic purchase 

quantity is that quantity at which a a significant price break occurs. If there are significant price breaks at different quantity points, this 

information is desired as well. 

OFFEROR RECOMMENDATIONS

ITEM QUANTITY PRICE QUOTATION TOTAL

(c) The information requested in this provision is being solicited to avoid acquisitions in disadvantageous quantities and to assist the 

Government in developing a data base for future acquisitions of these items. However, the Government reserves the right to amend or cancel 

the solicitation and resolicit with respect to any individual item in the event quotations received and the Government's requirements indicate 

that different quantities should be acquired. 

(End of provision)

 

52.225-18 PLACE OF MANUFACTURE (AUG 2018) FAR

As prescribed in 25.1101(f), insert the following solicitation provision: 

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

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except -- 

(1) FSC 5510, Lumber and Related Basic Wood Materials; 

(2) Federal Supply Group (FSG) 87, Agricultural Supplies; 

(3) FSG 88, Live Animals; 

(4) FSG 89, Food and Related Consumables; 

(5) FSC 9410, Crude Grades of Plant Materials; 

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; 

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; 

(8) FSC 9610, Ores; 

(9) FSC 9620, Minerals, Natural and Synthetic; and 

(10) FSC 9630, Additive Metal Materials. 

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw 

materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of 

reassembly is not the place of manufacture. 

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in 

response to this solicitation is predominantly -- 

(1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds 

the total anticipated price of offered end products manufactured outside the United States); or 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 72 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS (CONTINUED)

(2) [ ] Outside the United States. 

(End of provision)

 

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

L06 Agency Protests (DEC 2016) 

 

Interested parties may file an agency level protest with the contracting officer or may request an independent review 

by the chief of the contracting office (CCO). Independent review by the CCO is an alternative to consideration by the 

contracting officer and is not available as an appellate review of a contracting officer decision on a protest previously 

filed with the contracting officer. Absent a clear indication of the intent to file an agency level protest with the CCO 

for independent review, protests will be presumed to be protests to the contracting officer. 

 

L09 Reverse Auction (OCT 2016) 

 

The Contracting Officer may utilize reverse auctioning to conduct price discussions. If the Contracting Officer does 

not conduct a reverse auction, award may be made on initial offers or following discussions. If the Contracting 

Officer decides to use line reverse auctioning to conduct price negotiations, the Contracting Officer will notify 

Offerors of this decision and the following applies: 

 

(1) The contracting officer may use reverse auction as the pricing technique during discussions to receive the final 

offered prices from each offeror. 

 

(2) During each round of reverse auction, the system displays the lowest offer price(s) unless the auction instructions 

are different. All offerors and authorized auction users see the displayed lowest price(s). This disclosure is 

anonymous and a generic identifier displays for the offeror. Generic identifiers include designators such as 

“offer A” or “lowest-priced offeror.” By submitting a proposal in response to the solicitation, offerors agree to 

participate in the reverse auction and that their prices may be disclosed, including to other offerors, during the 

reverse auction. 

 

(3) An offeror's final auction price at the close of the reverse auction is considered its final price proposal revision. No 

price revisions will be accepted after the close of the reverse auction, unless the contracting officer decides 

that further discussions are needed and final price proposal revisions are again requested in accordance with 

Federal Acquisition Regulation (FAR) 15.307, or the contracting officer determines that it would be in the best 

interest of the Government to re-open the auction. 

 

(4) The contracting officer identifies participants to the DLA commercial reverse auction service provider. To be 

eligible for award and participate, the offeror must agree with terms and conditions of the entire solicitation 

and the commercial reverse auction service. The reverse auction pricing tool system administrator sends 

auction information in an email. The reverse auction system designates offers as "lead," meaning the current 

low price in that auction, or "not lead," meaning not the current low price in that auction. In the event of a tie 

offer, the reverse auction provider's system designates the first offer of that price as "lead" and the second or 

subsequent offer of that price as "not lead." If a tie offer is submitted and no evaluation factors other than 

price were identified in the solicitation or a low-price technically acceptable source selection is being used, the 

"Not Lead” offeror that submitted the tie offer must offer a changed price; otherwise its offer will be ineligible 

for award. If evaluation factors in addition to price were listed in the solicitation and a tradeoff source 

selection is being used, tie offers that are "Not Lead" will be considered and evaluated. 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 73 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS (CONTINUED)

 

(5) Offerors unable to enter pricing through the commercial reverse auction service provider's system during a reverse 

auction must notify the contracting officer or designated representative immediately. The contracting officer 

may, at their sole discretion, extend or re-open the reverse auction if the reason for the offeror's inability to 

enter pricing is determined to be without fault on the part of the offeror and outside the offeror's control. 

 

(6) Training. The commercial reverse auction service provider or government representative conducts training for 

offerors. Offerors receive training through written material, the commercial reverse auction service provider's 

website, or other means. Trainers name employees successfully completing the training as a “Trained 

Offeror.” Only trained offerors may engage in a reverse auction. The contracting officer reserves the right to 

remove the “trained offeror” title from anyone who fails to obey the solicitation or commercial reverse auction 

service provider terms and conditions. 

 

 

L-2 Submission of Offers 

 

DLA Troop Support is utilizing Lowest Price Technically Acceptable (LPTA) source selection award procedures for 

this acquisition. The Government will make an award to the offeror with the proposal that represents the best value. 

Offerors must submit a Completed Solicitation in accordance with paragraph L-3; Technical Proposal in accordance 

with paragraph L-4; Business (Price) Proposal in accordance with paragraph L-5; and Additional Submission 

Requirements in accordance with paragraph L-6. Information and all Product Demonstration Models (PDMs) must be 

received no later than the time and date set for closing of offers. It is critical to successful source selection that you 

address each of the informational requirements listed in paragraphs L-3 through L-6 to facilitate the Government's 

proper, thorough, and timely review of your proposal. The complete proposals should be specific, stating clearly how 

you will meet all the requirements of the solicitation. Failure to furnish all of the required information and PDMs by 

the time specified in the solicitation may be cause for rejection of the proposal. The proposal may be rejected under 

the late offer clause or may be rejected because additional submissions will be tantamount to a submission of a new 

offer. A cover letter may accompany the proposal to set forth any information you wish to bring to the attention of the 

Government. 

Your proposal must be prepared and submitted in separate parts to the following email Jayson Marbach (jayson.1.

marbach@dla.mil) and Tiendung Nguyen (tiendung.nguyem@dla.mil) or to the following address: 

 

ATTN: JAYSON MARBACH AND TIENDUNG NGUYEN 

DLA TROOP SUPPORT 

700 ROBBINS AVENUE 

ATT:BUSINESS OPPORTUNITIES OFFICE,BLDG 45-C-167 

PHILADELPHIA, PA 19111 

 

Note: Refer to Section A-1 for additional information. If any part is being submitted via email, only one copy of each 

part should be sent. If physical copies are being delivered to the above address, then the offeror must send the 

appropriate “# of copies” for each part indicated below. 

 

Part Title # of copies 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 74 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS (CONTINUED)

1 Completed Solicitation 1

2 Technical Proposal 3

3 Business (Price) Proposal 3

4 Additional Submission Requirements 3

 

 

L-3 Completed Solicitation 

Offerors must return all pages of the solicitation with their offer, and fill-in any applicable information requested in 

the solicitation. Offerors are responsible for carefully reviewing the entire solicitation to ensure they submit all 

information required by the solicitation. 

L-4 Technical Proposals 

 

Offerors will be required to submit Product Demonstration Models for each flavor to a third- party lab for Analytical 

Testing. A certificate of analysis provided by the third- party lab must be submitted to DLA Troop Support and 

Natick, alongside PDM submissions for sensory evaluations detailed below. A certificate of analysis must clearly 

state the levels of Calcium and Vitamin D3 present in the PDMs. Per the specification, PCR-P-049, The required 

Calcium content must not be less than 850 mg and not greater than 1,110 mg per bar; Vitamin D3 content must not be 

less than 1400 IU and not greater than 2000 IU per bar. 

 

In the event that the certificate of analysis provided by a third-party lab clearly states conformance with analytical 

requirements stated above, then offerors are required to submit Product Demonstration Models (PDMs) for each 

flavor from the same lot tested and must certify minimal nutritional requirements listed in section C of the solicitation 

are met. PDMs with conforming analytical results must be submitted as follows:. 

 

A total of 74 PDMs of each Performance Readiness Bar flavor must be submitted as stated below: 

 

32 PDMs of each Performance Readiness Bar flavor must be sent to:

 

U.S. Army Research, Development, and Engineering Command 

DEPARTMENT OF THE ARMY 

FCDD-SCC-EMR Attn: Jill Bates 

COMBAT CAPABILITIES COMMAND - SOLDIER CENTER 

10 GENERAL GREENE AVENUE 

NATICK, MA 01760 

 

32 PDMs of each Performance Readiness Bar flavor must be maintained by the offeror/contractor. In this 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 75 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS (CONTINUED)

instance, the offeror must self-certify, confirm possession of the samples, and identify the samples as from the 

same production lot as those submitted to Natick. The offeror must submit this statement(s) with the balance 

of PDM samples submitted to DLA Troop Support. Should an offeror be awarded a contract, the offeror must 

provide the 32 PDMs that were self-certified and maintained by the offeror to a Government Quality 

Assurance Representative (GQAR) during the first production cycle. Offerors that have been awarded a 

contract and do not have an in-house GQAR will be directed on where to submit these PDMs.

 

NOTE: The contractor must retain a sufficient number of samples to be used by the contractor to verify that 

the production meets the PDM Standard.

 

The remaining 10 PDMs of each Performance Readiness Bar flavors must be sent to DLA to the below 

address: 

 

ATTN: JAYSON MARBACH AND TIENDUNG NGUYEN 

DLA TROOP SUPPORT 

700 ROBBINS AVENUE 

ATT:BUSINESS OPPORTUNITIES OFFICE,BLDG 45-C-167 

PHILADELPHIA, PA 19111 

 

Inside the cases sent to both DLA and Natick, along with the samples, must be the required paperwork, fully 

identifying the product, solicitation number, the item is an Initial PDM, USDA certification, analytical and microbial 

Test results with certificates of analysis, any other test results available, and any other information to assist in 

identifying the product and conducting the evaluation. 

The PDM is the standard to which all production under any contract resulting from this solicitation must conform. 

Offerors are cautioned that samples produced in test facilities may not match the product produced on the production 

line, which will result in rejection of the product. 

Offerors must certify that the PDM(s) conforms to all specification/production description characteristics, or must 

adequately describe any differences the PDM may have from the requirements of the product description or 

specification(s). Failure of PDMs for any Performance Readiness Bar flavor to conform to the specification may 

result in rejection of the offer for that Performance Readiness Bar flavor. Offerors should also warrant that product 

submitted under any resultant contract will conform to all packaging, labeling and packing requirements as well as 

analytical and microbial requirements. Product from any resultant contract that does not conform to all requirements 

will not be accepted by the Government. 

 

Note: Late submissions of PDMs may be the basis for rejection of the proposal. Refer to Section M-2, paragraph A, 

for the Technical Proposal/PDM evaluation process.

Note: PDMs sent to Natick that do not contain a certificate of analysis that clearly states conforming analytical results 

will not be evaluated, and will be deemed “Unacceptable”.

L-5 Business (Price) Proposal 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 76 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS (CONTINUED)

The Government reserves the right to require information other than cost or pricing data, as defined at FAR 2.101, 

or cost and pricing data, as applicable and if required to determine price reasonableness of any offer(s). 

 

Offerors must submit pricing for all Performance Readiness Bar flavors. Pricing must be submitted for all three tiers 

of each Performance Readiness Bar flavor on an F.O.B Destination basis. Failure to offer pricing on all three tiers 

of an offered line item may be deemed as non-acceptance of the item(s) and/or tier(s), which could result in 

rejection of the entire proposal as technically unacceptable. Different prices may be offered per tier. The 

Government will award all three Performance Readiness Bar flavors to a single awardee. Each offer should be 

priced accordingly. Only one price per line item, per tier will be accepted. Prices must be rounded to the nearest 

cent. Refer to section B-1 for estimated and IQC quantities. 

L-6 Additional Submission Requirements 

1. Food Defense Plan: In accordance with the Food Defense requirement identified in Section I-3, the offeror 

shall submit its Food Defense Plan to describe what procedures are, or will be, in place to prevent product 

tampering and contamination, and assure overall plant security and food safety. The Plan should be 

formatted in accordance with, and address the issues contained in, the DLA Food Security Checklist. This 

plan must be submitted with the offeror's initial offer.

2. Integrated Pest Program: Contractors and subcontractors must submit an Integrated Pest Management 

Plan based on the requirements stated in Section I-4. This plan must be submitted with the offeror's initial 

offer.

Note: Additional submission requirements guidelines can be found at the Troop Support Subsistence website 

https://www.dla.mil/TroopSupport/Subsistence/FoodSafety/FoodQuality/

 

Note: The successful awardee will be required to maintain an acceptable Food Defense Plan and a Integrated Pest 

Management Planthroughout the life of the contract. The awardee must have their Food Defense Plan and 

Integrated Pest Management Plan approved by the contracting officer prior to contract award.

 

 

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011) DFARS

 

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) FAR

 

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016) DFARS

 

52.216-1 TYPE OF CONTRACT (APR 1984) FAR

As prescribed in 16.105 , complete and insert the following provision 

The Government contemplates award of a Fixed-Price contract resulting from this solicitation. 

(End of provision)

 

L06 AGENCY PROTESTS (DEC 2016)

 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 77 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION M - EVALUATION FACTORS FOR AWARD (CONTINUED)

SECTION M - EVALUATION FACTORS FOR AWARD

SECTION M

-1 Source Evaluation and Selection Procedures 

Evaluation Process 

 

1. Technical Evaluation: Offerors are required to submit a technical proposal as prescribed in Section L of this 

solicitation. Each technical proposal will be evaluated against the technical requirements specified in section 

M-2. Proposals highly technically deficient as to make them incapable of being made technically acceptable 

may be rejected, and excluded from the competitive range. No discussion will be held with rejected offerors, 

nor will any rejected offeror be given an opportunity to revise its offer to correct those deficiencies in order to 

become acceptable after rejection.

2. Business Evaluation: The Government will evaluate prices for reasonableness as discussed in FAR Subpart 

15.305 and Subpart 15.4.

3. Selection: The Government will use lowest price technically acceptable source selection procedures for this 

acquisition. The final technical and business evaluation reports will be furnished to the Contracting Officer. 

When offers are determined to be technically acceptable the price evaluation will be conducted, and award 

will be made to a single awardee based on the overall lowest price to the Government

 

M-2 Evaluation Factors for Award (Evaluation Criteria) 

 

The Government will use Lowest Price Technically Acceptable source selection procedures in evaluating proposals. 

The Government will make a single award for all line items to the responsible offeror whose proposal offers the 

lowest evaluated price and is rated as technically acceptable. An offeror's proposal on any line item must be 

considered technically acceptable to be considered for award. To be considered technically acceptable, the offeror 

must submit an acceptable PDMs for all line items. See paragraph A, below, for evaluation of PDMs. 

A. Evaluation of Product Demonstration Models (PDMs):

Refer to Section L-4 for Technical Proposal/PDM submission procedures. 

1. A certificate of analysis provided by the third- party lab must be submitted to DLA Troop Support and 

Natick, alongside PDM submissions for sensory evaluations detailed below. The certificate of analysis 

must clearly state the levels of Calcium and Vitamin D3 present in the PDMs. Per the specification, PCRP-049, The required Calcium content must not be less than 850 mg and not greater than 1,110 mg per bar; 

Vitamin D3 content must not be less than 1400 IU and not greater than 2000 IU per bar. PDMs that do 

not meet these requirements will be considered technically unacceptable. 

 

2. Only after Performance Readiness Bar PDMs have been tested for acceptable analytical requirements and 

the certificate of analysis is provided, the U.S. Army, Combat Capabilities DEVCOM Soldier Center 

(Natick) will evaluate Initial PDMs for compliance with product specifications and for compliance with 

the sensory characteristics designated and defined in the product's technical documents. These sensory 

characteristics, namely appearance, odor, flavor, and texture (or combination thereof where dictated by 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 78 OF 79 PAGES

CONTINUED ON NEXT PAGE

SPE3S1-22-R-0002

SECTION M - EVALUATION FACTORS FOR AWARD (CONTINUED)

the product's technical documents), shall represent distinct sensory characteristic categories and will be 

evaluated by category by panelist. Each panelist will assign to each sensory characteristic category a 

quality score by using a 9-point quality scale, where 9 is the highest score and 1 the lowest score. The 

mean value of the panelists' ratings for each sensory characteristic category shall be determined.

 

Natick will assign an overall quality scale score to each Initial PDM that it evaluates. The overall score will be equal 

to the mean score of the lowest-rated sensory characteristic category. For each Initial PDM, an overall quality score of 

6.00 through 9.00 will indicate an acceptable rating and an overall quality score of 1.00 through 5.99 will indicate an 

unacceptable rating. PDMs must be rated as “Acceptable” to be eligible for award. 

In the event the Government conducts negotiations, an offeror that receive an “Unacceptable” rating on an 

initial PDM will be given the opportunity to submit a Revised PDM. Revised PDMs that are submitted for a 

final evaluation will be evaluated using the same criteria discussed above. Offerors are advised that if they 

have any unacceptable Revised PDMs after the final evaluation, their proposal will be found technically 

unacceptable and will not be considered for award. 

 3. Offerors are required to submit PDMs for all Performance Readiness Bar flavors. 

 

NOTE: PDMs sent to Natick that do not contain a certificate of analysis that clearly states conforming 

analytical results will not be evaluated, and will be deemed “Unacceptable”. See Section L 

 

B. Evaluation of Business (Price) Proposal

Refer to Section L-5 for Business (Price) Proposal submission procedures. 

 

 

1. The award will be based on the technically acceptable offer with the lowest, total evaluated price to the 

Government. The Government will determine the lowest, total evaluated price per line item by multiplying the 

estimated quantity for this acquisition by the unit price offered for each tier. Then, the estimated prices for the 

three tiers will be added together to calculate the total evaluated price per line item. The sum of each line items' 

total evaluated price will be the offerors total evaluated contract price. The offerors' total evaluated contract price 

will be compared to determine the lowest, total evaluated price. The award will be based on the lowest, total 

evaluated contract price to the Government. 

 

 

2. The Government will be utilizing Price evaluation preferences for HUBzone Small Business concerns 

in accordance with FAR 19.1307. 

NOTE: Refer to section B-1, paragraph A, for the estimated yearly quantities. This number is being used for 

evaluation purposes only, and does not obligate the Government to order up to the estimated yearly quantities. 

M-3 Additional Submission Requirements 

 

Additional Submission Requirements will be reviewed for acceptability, but will not be evaluated for award 

decision(s). 

 

1. The Food Defense Plan will be reviewed to determine acceptability.
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 79 OF 79 PAGES

SPE3S1-22-R-0002

SECTION M - EVALUATION FACTORS FOR AWARD (CONTINUED)

2. The Integrated Pest Management Plan will be reviewed to determine acceptability.

NOTE: The successful awardee(s) will be required to maintain an acceptable Food Defense Plan and aIntegrated 

Pest Management Planthroughout the life of the contract. These plans must be approved by the contracting 

officer prior to award

 

 

 

M05 EVALUATION FACTOR FOR USED, RECONDITIONED, REMANUFACTURED SUPPLIES OR UNUSED FORMER GOVERNMENT 

SURPLUS PROPERTY (SEP 2016)