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) DO-C9

 RATING

2. CONTRACT No.

SPE3S1-20-R-0002

3. SOLICITATION No. 4. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

2020 JUN 10

5. DATE ISSUED

1000082266

 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 2020-Jul-10

Matthew Conroy DMC0025

A. NAME

Phone: DSN-444-2183

B. PHONE/FAX (NO COLLECT CALLS)

Matthew.Conroy@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 114
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SPE3S1-20-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 FOLLOW-ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS. 

 

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., 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 8 

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 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 8 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) 737-73382, (215) 737-0317, or (215) 737-8556. 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 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.

 

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

E-mail offers are not acceptable forms of transmission for submission of initial proposals or revisions to initial 

proposals submitted in response to this solicitation. As directed by the Contracting Officer, facsimile and e-mail may 

be used during discussions/negotiations, if discussions/negotiations are held, and for proposal revision(s), including 

Final Proposal Revision(s). 
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SPE3S1-20-R-0002

SECTION A - SOLICITATION/CONTRACT FORM (CONTINUED)

The Contract Specialist, Matthew Conroy (matthew.conroy@dla.mil) or the Contracting Officer, Candice Campbell 

(candice.campbell@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. 

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. 
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SPE3S1-20-R-0002

SECTION A - SOLICITATION/CONTRACT FORM (CONTINUED)

DLA and Combat Capabilities Command - Soldier Center (Natick) addresses for PDM submissions can be 

found in Section L-3. 

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

Requirements must be submitted with initial offer.

 

 

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

B-1 -ITEMS TO BE SUPPLIED 

 

Line 0001: Modular Operational Ration Enhancement 

Cold Weather/High Altitude (COLD 

MORE) ACR-F-002C 

NSN: 8970-01-581-2505 

 

Line 0002: Modular Operational Ration Enhancement 

Hot Weather (HOT MORE) 

ACR-F-002C 

NSN: 8970-01-599-4327 

 

A. Estimated Requirements 

 

Line 0001: COLD MORE - 42,000 cases (CS) per year 

 Line 0002: HOT MORE - 50,000 cases (CS) per year 

 

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

estimated quantities 

 

B. Indefinite-Quantity Contract (IQC) Quantities 

 

The IQC minimum and IQC maximum quantities for the COLD MORE and HOT MORE are as follows: 

 

COLD MORE: 

Guaranteed Minimum: 21,100 CS 

Maximum over 5 tiers: 410,000 CS 

 

HOT MORE: 

Guaranteed Minimum: 24,800 CS 

Maximum over 5 tiers: 500,000 CS 

 

C. Delivery Schedule 

 

Deliveries will be required to be fulfilled within 60 days of delivery order issuance. Specific delivery points will be 

detailed in a delivery order (Troop Support Form DD_1155). 

 
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SPE3S1-20-R-0002

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

B-2 General Information 

 

The effective term of the contract will contain five (5) consecutive tiered delivery periods. All five (5) tiers will be 

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

resultant contract. 

 

The supplies above represent the estimated quantity along with the minimum and maximum quantities to 

be purchased. 

 

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

under this solicitation is 311422. 

 

B-3 Pricing 

 

The effective period of the contract for the Tier 1 will be from 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, 

Tier 4, and Tier 5. The performance period of the contract will end on the 365th day of Tier 5. Offerors may submit pricing for the COLD MORE and the HOT MORE, or may submit pricing for only the COLD MORE or only the 

HOT MORE. Pricing must be submitted for the COLD MORE and/or the HOT MORE for all five tiers on an F.O.B 

Destination basis. Failure to offer pricing on all five tiers of either 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. Offerors may submit their pricing in the format available in section L, or a similar 

format. Refer to Section L for business/price proposal submissions requirements and Section M for business/price 

proposal evaluation procedures. 

 

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): 

 

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 shall 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 shall 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 prior to the close of the solicitation and found to meet the standards as referenced in the 

MORE specification, ACR-F-002C, and in individual item specification referenced in section C-2 For PDM 
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SPE3S1-20-R-0002

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

submissions as a part of a proposal in reply to this solicitation, refer to Sections L and M for submission 

instructions and evaluation criteria. Offerors shall warrant that product submitted under any resultant contract 

shall conform to all packaging, labeling and packing requirements as well as analytical requirements. Product 

offered under this solicitation or produced for performance under the resultant contract that does not conform to all 

requirements will not be accepted by the Government. 

 

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 food items and shall 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 food items are not available to meet this requirement, PDMs must be submitted by the contractor within 30 

days from the date the requirements document is published. Contractors shall certify that the PDM(s) conforms to 

all specification/ production description characteristics, or shall 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 it is determined by the Government or 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 shall submit a replacement. If it is determined 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 shall submit a 

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

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

shall adequately describe any differences the PDM may have from the requirements of the product description or 

specification(s). 

 

The contractor shall 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 components 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: 

A total of 32 PDMs of each MORE component shall be submitted as follows: 

 

A total of 32 PDMs of each MORE component shall be sent to: 

DEPARTMENT OF THE ARMY 
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SPE3S1-20-R-0002

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

FCDD-SCC-EMR ATTN: Jill Bates 

COMBAT CAPABILITIES COMMAND - SOLDIER CENTER 

10 GENERAL GREENE AVENUE 

NATICK, MA 01760 

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, should 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; 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 possess 70 of their own sets of approved PDMs that were derived from identical 

finished- component production lots and/or identical bulk-component production lots; to be referred to as incommon 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 productcodes. Once notified of Contracting Officer approval, the submitting Contractor shall include in its submission 

package the identity of the Contractors for whom the submission pertains. The submitting Contractor shall also be 

responsible for the distribution and shipment of any in-common product-code PDM samples to Natick and to DLA 

Troop Support. 

 

1/ Bulk-packed means packing prior to finished-product packaging.

 

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), shall represent distinct sensory characteristic categories and 

shall be evaluated by category by panelist. Each panelist shall 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 shall be determined. 

 

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

rating shall 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 shall indicate an acceptable rating and an overall quality rating of 1.00 

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

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

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

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 shall indicate an unacceptable replacement 

rating. 

 

Natick shall 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 
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SPE3S1-20-R-0002

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

in order to be rated as “Acceptable”. 

The results of Natick's PDM evaluations shall be reported to DLA Troop Support as “Acceptable” or 

“Unacceptable”. An “Acceptable” PDM-rating shall not constitute a waiver of any specification requirement unless 

specifically stated by the Contracting Officer. 

 

B-6 MORE Components. 

 

0001 COLD MORE: 

 

Applesauce, Carbohydrate Enhanced, Sweetened, Regular Style 

Baked Snack Crackers, Cheddar Cheese 

Beverage Powder, Carbohydrate, Tropical Punch 

Beverage Powder, Carbohydrate, Grape 

Beverage Powder, Carbohydrate, Lemon-Lime 

Beverage Powder, Carbohydrate, Orange 

Caffeinated Chocolate Pudding 

Chewing Gum, Tablet or Disk, With Caffeine, Regular, Cinnamon 

Crackers, Fortified, Plain 

Energy Gel, Mixed Berry 

Energy Gel, Lemon-Lime 

Filled Pretzels, Cheddar Cheese 

First Strike Bar, Chocolate, Regular 

First Strike Bar, Mocha, Mini 

Meat and Poultry Snacks, Cured Beef, Fermented, Chopped and Formed, Sticks, Teriyaki 

Nuts and Raisins with Pan Coasted Chocolate Disks 

Spread Soup Mix, Cheddar Potato with Artificial Bacon Bits Toasted Corn Kernels, Barbecue 

Toaster Pastry, Chocolate Chip 

 

0002 HOT MORE: 

 

Almonds, Unblanched, Smoke Flavored 

Applesauce, Carbohydrate Enhanced, Sweetened, Regular Style 

Applesauce, Carbohydrate Enhanced, Sweetened, Regular Style, Cinnamon 

Beverage Powder, Carbohydrate Electrolyte, Fruit Punch 

Beverage Powder, Carbohydrate Electrolyte, Grape 

Beverage Powder, Carbohydrate Electrolyte, Lemon-Lime 

Beverage Powder, Carbohydrate Electrolyte, Orange 

Caffeinated Chocolate Pudding 

Chewing Gum, Tablet or Disk, With Caffeine, Regular Peppermint 

Cranberries, Osmotically Dried, Sliced 

Energy Gel, Mixed Berry 

Energy Gel, Lemon-Lime 

Energy Gel, Orange 

Filled Pretzels, Cheddar Cheese 

First StrikeTM Bar Mocha, Mini 

First StrikeTM Bar, Chocolate, Regular 

Nuts and Raisins with Pan Coated Chocolate Disks 

Toasted Corn Kernels, Barbecue 

 
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SPE3S1-20-R-0002

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

 

 

SECTION C - SPECIFICATIONS/SOW/SOO/ORD

Technical Data For MORE Assembly And For Contractor Furnished Material (CFM) Components 

 

Technical Data for Food Packet, Modular Operational Ration Enhancement (MORE) Assembly and for 

Contractor Furnished Material (CFM) Components Specifications and related technical documents related 

to this solicitation/contract can be found at: 

http://www.dla.mil/TroopSupport/Subsistence/Operational-rations/frozen/

The applicable component item descriptions for this solicitation/contract are listed in SPE3S1-20-R-0002, 

SECTION C - DESCRIPTION/SPECIFICATIONS, TECHNICAL DATA FOR MORE ASSEMBLY AND FOR 

CONTRACTOR FURNISHED MATERIAL (CFM) COMPONENTS until such time as changed by future 

amendment/modification. The specifications listed in Table I of the ACR-F-002C are for reference to the base 

documents only, not to the applicable version and revision for the referenced specification that is operative. 

Note: The abbreviation “PKG&QAP” below in the Item Descriptions denotes the associated Packaging 

Requirements and Quality Assurance Provisions for that specific Commercial Item Description (CID). 

C-1 DESCRIPTION/SPECIFICATION (ASSEMBLED MORE) 

A. FOOD PACKET, MODULAR OPERATIONAL RATION ENHANCEMENT (MORE), HIGH 

ALTITUDE/COLD WEATHER, 3 menus, 8 packs each menu, 24 packs/box, ACR-F-002C, Type I 

NSN: 8970-01-581-2505 

B. FOOD PACKET, MODULAR OPERATIONAL RATION ENHANCEMENT (MORE), 

HOT WEATHER, 3 menus, 8 packs each menu, 24 packs/box, ACR-F-002C, Type II 

NSN: 8970-01-599-4327 

 

C-2 DESCRIPTION/SPECIFICATION CONTRACTOR FURNISHED MATERIAL 

(CFM) COMPONENTS) 

ALMONDS, UNBLANCHED, SMOKE FLAVORED; 19 gm flex pg, CID A-A-20164, PKG&QAP, Type 

VI, Style C, 8925-01-525-3597 

APPLESAUCE, CARBOHYDRATE ENHANCED, SWEETENED, REGULAR STYLE; 4.5 oz (128 gm) 

flex pg, PCR-F-002, Type VII, 8915-01-492-5548 

APPLESAUCE, CARBOHYDRATE ENHANCED, SWEETENED, REGULAR STYLE, CINNAMON; 

4.5 oz (128 gm) flex pg, PCR-F-002, Type IX, 8915-01-583-3201 

SNACK CRACKERS, BAKED, CHEDDAR CHEESE; 47 gm flex pg, CID A-A-20195, PKG&QAP, Type 

V, Flavor 1, 8940-01-525-3549 

BEEF SNACKS, STICKS, CURED, FERMENTED, TERIYAKI; 27 gm flex pg, CID A-A-20298, PKG&QAP, 

Variety A, Type IV, Style a, Class 2, Flavor (b), 8940-01-650-9581 
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SPE3S1-20-R-0002

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

BEVERAGE BASES (POWDERED), FORTIFIED WITH ASCORBIC ACID AND ENHANCED WITH 

MALTODEXTRIN, GRAPE; 47 gm flex pg, PCR-B-055, Formulation b, Flavor 2, Design B, 8960-01-545-9643 

 

BEVERAGE BASES (POWDERED), FORTIFIED WITH ASCORBIC ACID AND ENHANCED WITH 

MALTODEXTRIN, LEMON-LIME; 47 gm flex pg, PCR-B-055, Formulation b, Flavor 3, Design 

B, 8960-01-545-9639 

 

BEVERAGE BASES (POWDERED), FORTIFIED WITH ASCORBIC ACID AND ENHANCED WITH 

MALTODEXTRIN, ORANGE; 47 gm flex pg, PCR-B-055, Formulation b, Flavor 4, Design B, 

8960-01-545-9635 

 

BEVERAGE BASES (POWDERED), FORTIFIED WITH ASCORBIC ACID AND ENHANCED WITH 

MALTODEXTRIN, TROPICAL PUNCH; 47 gm flex pg, PCR-B-055, Formulation b, Flavor 5, Design 

B, 8960-01-545-9646 

 

BEVERAGE POWDER, CARBOHYDRATE ELECTROLYTE, FRUIT PUNCH; 24 gm flex pg, PCR-B-013, 

Design B, Flavor I, 8960-01-505-4234 

 

BEVERAGE POWDER, CARBOHYDRATE ELECTROLYTE, GRAPE; 24 gm flex pg, PCR-B-013, Design B, 

Flavor II, 8960-01-505-4236 

 

BEVERAGE POWDER, CARBOHYDRATE ELECTROLYTE, LEMON-LIME; 24 gm flex pg, PCRB-013, Design B, Flavor III, 8960-01-505-4238 

 

BEVERAGE POWDER, CARBOHYDRATE ELECTROLYTE, ORANGE; 24 gm flex pg, PCR-B-013, 

Design B, Flavor IV, 8960-01-505-4240 

 

CAFFEINATED CHOCOLATE PUDDING; 4.5 oz (128 gm) flex pg, PCR-C-081, 8940-01-583-3833 

CHEWING GUM, TABLET OR DISK, WITH CAFFEINE, REGULAR, CINNAMON; 5 pcs/ fin-seal flex 

pg, 8925-01-530-1219 

 

1. CID A-A-20175, PKG&QAP, Type VII, Size B, Style (2), Class 1, Flavor c 

 

2. CID A-A-20175, PKG&, QAP, Type I, Size C, Style (2), Class 1, Flavor c 

 

CHEWING GUM, TABLET OR DISK, WITH CAFFEINE, REGULAR PEPPERMINT, 8925-01-646-6184 

 

1. CID A-A-20175, PKG&QAP, Type VII, Size B, Style (2), Class 1, Flavor a 

 
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2. CID A-A-20175, PKG&QAP, Type I, Size C, Style (2), Class 1, Flavor a 

 

CRANBERRIES, SLICED, UNFLAVORED, SWEETENED WITH NUTRITIVE SWEETENERS; 57 gm (2 oz) 

flex pg, CIDD A-A-20299, PKG&QAP, Type VII, Style B, Flavor 1, Class (1), Sweetening Option a, 

Agricultural Practice (A), 8915-01-514-9298 

CORN KERNELS, BARBECUE; 57 gm flex pg, A-A-20195, PKG&QAP, Type VI, Flavor 2, 8940-01-621-5507 

CRACKERS, FORTIFIED, PLAIN; 2/pg, 1.33 oz (37.8 gm) flex and vac pg, PCR-C-037, Type 

I, 8920-00-149-0795 

ENERGY GEL, MIXED BERRY; 2.1 oz (60 gm) flex pg, PCR-E-018, Flavor I, 

8940-01-585-2043 ENERGY GEL, LEMON-LIME; 2.1 oz (60 gm) flex pg, PCR-E-018, Flavor 

II, 8940-01-585-2046 ENERGY GEL, ORANGE; 2.1 oz (60 gm) flex pg, PCR-E-018, Flavor III, 

940-01-585-2053 

FIRST STRIKETM BAR, CHOCOLATE, REGULAR; 2.3 oz (65 gm) flex pg, PCR-F-001, Flavor I, Style 

A, 8940-01-551-6059 

FIRST STRIKETM BAR MOCHA, MINI; 1.2 oz (35 gm) flex pg, PCR-F-001, Flavor V, Style 

B, 8940-01-551-6021 

NUTS AND RAISINS WITH PAN COATED CHOCOLATE DISKS; 66 gm (2.3 oz) flex pg, PCR-N-003, 

Type II, 8940-01-523-0786 

PRETZELS, CHEDDAR CHEESE FILLED; 51 gm flex pg, CID A-A-20195, PKG&QAP, Type II, Style 

F, Flavor 1, 8940-01-479-1850 

SPREAD SOUP MIX, CHEDDAR POTATO WITH ARTIFICIAL BACON BITS; 1.5 oz (42.5 gm) flex pg, 

PCR- S-023, Type II, 8950-01-585-5534 

 

TOASTER PASTERIES, CHOCOLATE CHIP, SWIRRELED AND/OR DRIZZLED FROSTING; 45 gm ind 

serv 

flex pg, CID A-A-20211, PKG&QAP, Type I, Style B, Flavor 12, Icing Option (c), Grain Composition 

(1), Fortification b, Agricultural practice i, Servings (a), 8920-01-553-3111 

 

C-3 DATE OF PACK 

 

A. RATION ASSEMBLY 

 

1. For assembled ration: Acceptance will be limited to assembled rations containing components which 

have been processed and packed subsequent to date of award, except as otherwise specified below. 

 

2. For crackers at the ration assembly: The crackers shall not be more than 90 days old at time of 

unit packaging. 

 

3. No product shall be older than 180 days (from date of product production) at time of final assembly, 

unless authorized by the contracting officer. These timelines are not applicable if a shorter time is required by the 

contract or the product document (ACR, PCR, CID, etc.) 

B. RATION COMPONENTS 

 

1. Acceptance of components other than wet pack fruit will be limited to product processed and 
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packed subsequent to date of award. 

 

2. Acceptance of wet pack fruit will be limited to product processed and packed subsequent to date of 

award from fruit of latest year's crop. 

 

C-4 MISCELLANEOUS REQUIREMENTS 

 

A. COMPLIANCE WITH APPLICABLE REGULATIONS 

 

1. The Contractor shall comply with 21 CFR §110 “Current Good Manufacturing Practice in 

Manufacturing, Packaging, or Holding Human Food” or 21 CFR §117 “Current Good Manufacturing 

Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food”, 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. 

 

B. PERFORMANCE, PACKAGING AND QUALITY SPECIFICATIONS 

 

This solicitation incorporates the individual Performance-Based Contract Requirements (PCR), Commercial Item 

Descriptions (CID), and Packaging Requirements and Quality Assurance Provisions (PKG&QAP) to form an 

integrated technical data package. 

 

2. Individual quality assurance and packaging provisions are contained in PCRs and PKG&QAPs. 

 

3. Unless otherwise specified in Section C, D, or E of this document, Section C, D, and E of the ACR are 

applicable in their entireties. 

 

4. ALL requirements, including Performance Requirements, Quality Assurance Provisions, and 

Packaging Requirements for the applicable acquisition document apply. 

 

5. Unless otherwise specified in individual PCRs or PKG&QAPs, the thermoprocessing or hot-fill 

processing of wet packed fruits and caffeinated puddings shall be in accordance with MIL-PRF-44073, 

Packaging of Food in Flexible Packages. 

 

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; Provision 9044, Sanitary Conditions; and as clarified by the 

Armed Forces Food Risk Evaluation Committee, all Operational Ration Food Components shall originate from 

establishments 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 
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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 Government Furnished Materiel (GFM) 

and CFM 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. 

 

5. In addition to the above, all producers of MORE food components shall be listed in the 

Worldwide Directory, as determined by 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. 

 

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

 

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

3. 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 
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Vitamin A IU Fat (Trans) gram 

 

Riboflavin (B2) milligram Thiamin (B1) milligram 

 

Vitamin B6 milligram Niacin (B3) milligram 

 

Vitamin C milligram Vitamin B12 milligram 

 

Vitamin E (α-equivalents) IU Vitamin D IU 

 

Calcium milligram Folate microgram 

 

Iron milligram Copper milligram 

 

Phosphorus milligram Magnesium milligram 

 

 Sodium milligram Potassium milligram 

 

 Zinc milligram 

 

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 PCR is mandatory. 

 

c. Nutrient measurements shall be to the first decimal.

 

E. INTEGRATED PEST MANAGEMENT PROGRAM REQUIREMENTS 

 

1. The “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. The IPM program shall be in existence prior to contract award. The IPM plan and 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 Quality Systems Management Visit (QSMV) or Quality Systems Compliance Audit. These visit 

and audits will occur when the Contracting Officer deems it necessary. 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 

by the contractor 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, https://

www.dla.mil/Portals/104/Documents/TroopSupport/Subsistence/FoodSafety/FoodQuality/
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food_defense_check19MAR20.pdf 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. 

 

G. 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 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. 

 

Components shall be utilized in assembly operation on oldest-date-of-pack basis. Contractor shall be solely 

responsible for the proper care and storage of all components. 

 

3. All items thermostabilized by retorting shall be sealed and in the retort process within two hours of filling. 

 

4. Maximum stacking height of assembled ration unit loads shall not be greater than fourteen feet, eight 

inches high. 

 

5. In view of the fact that the 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.

 

6. 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, 
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producer name, or supplier name 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 or to the in-plant Government Quality Assurance Representative (GQAR) upon either's 

request. This paragraph does not modify time and/or temperature limitations specified for ingredients elsewhere in 

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

 

7. 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 in-plant GQAR 

and, upon request, to DLA Troop Support Contracting Officer. 

 

8. SHIPPING AND COMINGLING OF LOTS 

 

a. Formation of Lots: In order to facilitate lot traceability at the assembler's plant, the following is

required: 

 

(1) Lots shall be shipped on a first produced (and accepted) first out basis. No product shall be older 

than three months at time of shipments, except when a product at the manufacturer's plant is pending disposition 

instructions and/or action (request for waiver, deviation, rework, reinspection, etc.) and/or as authorized by the 

Contracting Officer.

 

(2) Assemblers shall assemble one (1) component lot at a time, i. e., one (1) component lot shall be 

used at each assembly line until it becomes necessary to place another lot of the same component on the assembly 

line to maintain assembly flow. Assemblers shall assemble on a first produced (and accepted) first out basis.

(3) A "mixed code lot" is defined as a lot consisting of small quantities of components representing 

different lots. Mixed code lots shall be periodically shipped to the assembler(s). Mixed code lots shall be shipped to 

the assembler only when an entire unit load is completed of that single item or on a quarterly basis, whichever 

occurs first. Mixed code lot shipments may be less than a full unit load.

b. Mixed Code Lots: In addition to the above, the following requirements shall apply to the shipment 

of “mixed code lots”:

(1) Mixed lots are small quantities of components representing different lots. These lots may be 

received from suppliers and/or may include component material from the salvage operation or other sources that 

has been determined to be conforming and authorized for use in assembly.

(2) Unit loads containing mixed code lots shall be identified as such by the use of unit load marking 

panels. The unit load marking panels shall list all the lots contained on the pallet; they shall be affixed to two sides 

of the unit load.

(3) The assembly contractor may periodically assemble the mixed lots into one lot. Mixed lot 

components shall be exhausted by assembling them into a final lot at least once every quarter but may be assembled 

into two consecutive production days if not more than once a month. For the purpose of precluding residual mixed 

lot components, all mixed lots components in-house prior to the final week of scheduling assembly production, shall 

be used in final assemblies delivered under this contract. When the original lot of a component is still available at 

the assembly plant, components, including inspection samples, will be returned to their original lot for assembly into 

finals.

 

C-5 ADDITIONS, DELETIONS, AND/OR SUBSTITUTIONS 

 
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A. The following applies to DLA Troop Support Form 3507, Loads, Unit: Preparation of 

Semiperishable Subsistence Items, Apr 2014: 

 

1. Page 1, At “Reference Documents, (1). Pallets and Construction”: 

 

Delete “ANSI MHIA MH1-2005: Part 3, Wood Pallets and Part 9, Wood Pallets for Military Use”. 

 

Insert: “ANSI MHI MN1-2016; Part 3, Wood Pallets and Part 9, Wood Pallets for Department of Defense Use” 

 

2. Page 2, At “(5) Sampling and Test Procedures”: 

Delete “ANSI/ASQC Z. 1.4 - Sampling Procedures and Tables for Inspection by Attributes” 

 

Insert “ANSI/ASQ Z1.4 - Sampling Procedures and Tables for Inspection by Attributes” 

 

3. Page 2, At “General Requirements, Pallets”, 

 

Delete “Pallets: Unless otherwise specified herein, or by contract, pallets shall conform to Part 3 and Part 9 of 

ANSI MHIA MH1-2005. Pallets shall be Class 1, Type 2, Style 6, Size 2. For pallet loads under 1500 pounds, ref. 

Part 9, Table 4, ANSI Part No.MH1/9-02SW4048. For pallet loads 1501 to 3000 pounds, ref. Part 9, Table 4, 

ANSI Part No. MH1/9-05SW4048.” 

 

Insert “Pallets: Unless otherwise specified herein, or by contract, pallets shall conform to Part 3 and Part 9 of 

ANSI MHI MH1-2016. Pallets shall be: 

 

Class (Class 1): Stringer Pallet.

 

Type (Type 2): Partial four-way entry pallet with openings at both ends and sides with limiting accessibility of 

the openings to common handling equipment, i.e. notched stringer pallet and block pallet with overlapping 

bottom stringer boards and bottom deckboards, or panels.

 

Style (Style 6): Double-face, nonreversible. In addition, the pallet shall be “pallet, double-wing”, as defined in 

ANSI MHI MH1-2016.

 

Size 2. 40 inch x 48 inch.

 

For pallet loads under 1500 pounds, ref. Part 9, Table 4, ANSI Part No.MH1/9-02SW4048. For pallet loads 1501 

to 3000 pounds, ref. Part 9, Table 4, ANSI Part No. MH1/9-05SW4048. 

Note: When unitizing individual field meals (MRE, MCW, LRP) and humanitarian ration (HDR), the top deck 

surface area “footprint” of the specified double wing pallet may be increased to reduce load overhang. Maximum 

top deck dimensions of (L) 43” x (W) 51.5” may be used. This option only applies to top deck board and stringer 

(length) dimensions.” 

 

B. The following change applies to PKG&QAP A-A-20195E, Packaging Requirements and Quality 

Assurance Provisions for CID A-A-20195E Snack Foods: 

 

 

1. Page 12, foot note “5/”, after “...verified by”, disregard “USDA” and read as “GQAR” 

 

C. The following applies to MIL-PRF-44073H, Packaging of Food in Flexible Pouches: 

 
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1. Until further notice or for the duration of this contract, two “V” shaped tear notches are authorized on 

spout pouches as long as the presence of, location of, and depths of the notches are in keeping with spec 

drawings. If two notches are present, use the reverse view to determine correct location of the second notch. 

 

D. PCR-F-001A, First Strike Bars, Shelf Stable: 

 

The Microbiological requirements for C-2, J.(1) Aerobic plate count and J.(2) Yeast and mold are not applicable. 

 

E. Salmonella testing: 

 

1. For all documents that require Salmonella testing, Microbiological Testing, a nationally recognized 

certified laboratory or government laboratory is authorized to use Association of Official Analytical 

Chemists' Official Method of Analysis (AOAC OMA) 2013.09, 2004.03 (VIDAS) or AOAC OMA 2003.09 

(BAX) methods. The laboratory shall utilize the methods that are fit for purpose for the commodity type. 

 

2. Product verification sampling for Salmonella testing When USDA verification of microbiological 

requirements is specified in the solicitation, contract, or purchase order, microbiological testing shall be 

performed on five individual samples regardless of lot size. Each individual sample shall be comprised of 

the number of randomly drawn filled and sealed pouches necessary to yield a minimum sample weight of 

28 g (1 oz).

F. Fat Testing.

 

1. For All documents that cite the Association of Official Analytical Chemists' Official Method of 

Analysis 985.15 (AOAC OMA 985.15 - Fat (Crude) in Meat and Poultry Products (Rapid MicrowaveSolvent Extraction Method)) for fat testing, add the following Alternate Test Methods: 

 

a. 991.36 - Fat (Crude) in Meat and Poultry Products (Solvent Extraction (Submersion) Method)

 

b. 2007.04 - Fat, Moisture, and Protein in Meat and Meat Products Using the FOSS FoodScan TM NearInfrared (NIR) Spectrophotometer 

 

c. 2008.06 - Moisture and Fat in Meats by Microwave and Nuclear Magnetic Resonance Analysis

 

G. PCR-N-003B, Nut and Fruit Mix, Packaged in a Flexible Pouch.

 

1. The following changes apply to PCR-N-003A, Nut and Fruit Mix, Packaged in a Flexible Pouch, Shelf 

Stable: 

 

a. Page 4, C-2, I, Microbiological requirement. Disregard Salmonella requirement.

 

b. Page 11, E-5, A, Table I Product Defects, footnote 7/. Disregard footnote 7/.

 

c. Page 13, E-5, B,(4), a. Salmonella testing. Disregard Salmonella requirement.

 

d. Page 13, E-5,B,(4), b. Aflatoxin content testing. Delete in entirety and insert:

 

“(6) Aflatoxin content testing. Compliance with aflatoxin testing requirements can be achieved in either 

of the two methods (A) or (B) described below. Note that method (B) requires certain conditions to be met. 
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Method (A): The sample to be analyzed shall be a composite of the finished product taken from a set of eight 

filled and sealed pouches which have been selected at random from the lot. The composited sample shall be 

prepared and analyzed in accordance of the OMA of AOAC International, method 991.31(HPLC) or 998.03, with 

preparation of the sample performed according to AOAC Official Method 977.16. Test results shall be reported to 

the nearest whole number. Government verification will be conducted through actual testing by a Government 

laboratory. Any result not conforming to the requirement shall be cause for rejection of the lot. 

 

Method (B): For prepackaged product (Types I and II) received from a supplier that is not further processed 

or repackaged, the contractor will furnish a Certificate of Analysis that the aflatoxin in the finished product is not 

greater than 15 parts per billion (ppb). No additional testing is required. Results shall be reported to the nearest 

whole number. 

 

For roasted peanuts, almonds, filberts and walnuts received in bulk (to be used in finished product for Types 

I and II), the contractor can accept a USDA certificate that the aflatoxin in the bulk ingredient lot is not greater than 

15 ppb. (See the note at the bottom of this section.) If a USDA certificate does not accompany the ingredient bulk 

lot, the following alternate method of inspection may be used. The contractor shall have the bulk shipment sampled 

and tested by USDA. (Sampling of nut and kernel ingredients shall take place at the contractor location where the 

finished product will be placed into the pouch.) Steps (i) through (v) below apply to roasted peanut bulk lots. Step 

(vi) applies to almonds, filberts and walnuts. 

 

Three sets of representative, independently-drawn samples shall be submitted to the laboratory for testing - 

the number of sampling points and quantity of peanuts per sampling point to be determined using USDA 

procedures. Each of the three sets of samples shall be composited and respectively designated as test sample 1, test 

sample 2, and test sample 3. 

 

Lots will be reported as negative for aflatoxin if test sample 1 has an aflatoxin level at or below 5 ppb. If test 

sample 1 is at or above 25 ppb the lot fails. If the aflatoxin level for test sample 1 is above 5 ppb and less than 25 

ppb, test sample 2 may be analyzed. Test results for test sample 1 and 2 will be averaged. If the average aflatoxin 

level for test samples 1 and 2 is 10 ppb or less the lot will be reported as negative for aflatoxin, but fails if the 

aflatoxin level is at or above 20 ppb. 

 

If the average value for test samples 1 and 2 is above 10 ppb but less than 20 ppb, test sample 3 may be 

analyzed. The results of test samples 1, 2 and 3 will be averaged. If the average aflatoxin level for test samples 1, 2, 

and 3 is 15 ppb or less the lot will be reported as negative for aflatoxin. If the average aflatoxin level for test 

samples 1, 2, and 3 is above 15 ppb the lot fails. 

 

Bulk lots determined to be conforming for aflatoxin as evidenced by a USDA certificate, in accordance 

with the above procedures will be considered acceptable for use as ingredients as long as both the bulk and end 

item lots' identities have been preserved and the bulk lot has been maintained under acceptable conditions (i.e., 

between approximately 40°F to 50°F at low humidity). Results shall be reported to the nearest whole number. 

Bulk roasted peanuts with aflatoxin greater than 15 ppb shall not be used as ingredients. 

 

 Bulk ingredient lots of almonds, filberts and walnuts shall be sampled using USDA/AMS sampling 

procedures to yield one or two 10-pound composites, depending on the lot size. The number of sample points 

accessed to create the 10-pound composite(s) will be based on the bulk lot size in pounds and USDA/AMS sampling 

procedures. The composites will be tested by the USDA/AMS laboratory using the designated methods, and reported 

on a USDA/ AMS laboratory report. Bulk ingredient lots with aflatoxin results not greater than 15 ppb will be 
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considered acceptable for use as long as the bulk and end item lots' identities have been preserved and the ingredients 

are maintained under acceptable conditions (i.e., between approximately 40°F to 50°F at low humidity). Results shall 

be reported to the nearest whole number. Bulk lots of almonds, filberts and walnuts with aflatoxin greater than 15 

ppb shall not be used as ingredients. 

 

NOTE: A USDA Certificate of Analysis on roasted peanuts, almonds, filberts and walnuts from the 

most recent crop year which have been kept in cold storage (between approximately 40°F to 50°F at low 

humidity) is acceptable. Contractor must attest to these storage conditions. If storage conditions for roasted 

peanuts are not established, a USDA certificate of analysis for aflatoxin on roasted peanuts will be considered 

current if not more than 30 days have elapsed since the date of the analysis.”

 

H. PKG&QAP A-A-20164D, Nuts, Shelled, Roasted. 

 

1. The following change applies to PKG&QAP A-A-20164D, Packaging Requirements and 

Quality Assurance Provisions for CID A-A-20164D Nuts, Shelled, Roasted: 

 

a. Page 10, E-5, B(3) Aflatoxin testing for all types. Delete (3) entirely and insert:

 

“(3) Aflatoxin testing for all types. The product shall be tested as specified in A-A- 

 

20164D, with preparation of the sample performed according to AOAC Official Method 977.16, and 

these NOTES applied to that testing process: 

 

NOTE 1: Compliance with aflatoxin testing requirements can be achieved in either of the two methods

(A) or (B) described below. Note that method (B) requires certain conditions to be met. 

 

Method (A): The sample to be analyzed shall be a composite of the finished product taken from a set of 

eight filled and sealed pouches which have been selected at random from the lot. The composited sample shall 

be prepared and analyzed in accordance of the OMA of AOAC International, method 991.31(HPLC) or 998.03, 

with preparation of the sample performed according to AOAC Official Method 977.16. Test results shall be 

reported to the nearest whole number. Government verification will be conducted through actual testing by a 

Government laboratory. Any result not conforming to the requirement shall be cause for rejection of the lot.

 

Method (B): For prepackaged product received from a supplier that is not further processed or 

repackaged, the contractor will furnish a Certificate of Analysis that the aflatoxin in the finished product is 

not greater than 15 parts per billion (ppb). No additional testing is required. Results shall be reported to the 

nearest whole number.

 

For roasted peanuts, almonds, filberts, walnuts, and sunflower kernels received in bulk (to be used in 

finished product, the contractor can accept a USDA certificate that the aflatoxin in the bulk ingredient lot is not 

greater than 15 ppb. (See the note at the bottom of this section.) If a USDA certificate does not accompany the 

ingredient bulk lot, the following alternate method of inspection may be used. The contractor shall have the bulk 

shipment sampled and tested by USDA. (Sampling of nut and kernel ingredients shall take place at the contractor 

location where the finished product will be placed into the pouch.) Steps (i) through (v) below apply to roasted 

peanut bulk lots. Step (vi) applies to almonds, filberts, walnuts, and sunflower kernels. 

 

Three sets of representative, independently-drawn samples shall be submitted to the laboratory for testing - 

the number of sampling points and quantity of peanuts per sampling point to be determined using USDA 
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procedures. Each of the three sets of samples shall be composited and respectively designated as test sample 1, test 

sample 2, and test sample 3. 

 

Lots will be reported as negative for aflatoxin if test sample 1 has an aflatoxin level at or below 5 ppb. If test sample 

1 is at or above 25 ppb the lot fails. If the aflatoxin level for test sample 1 is above 5 ppb and less than 25 ppb, test 

sample 2 may be analyzed. Test results for test sample 1 and 2 will be averaged. If the average aflatoxin level for 

test samples 1 and 2 is 10 ppb or less the lot will be reported as negative for aflatoxin, but fails if the aflatoxin level 

is at or above 20 ppb. 

 

If the average value for test samples 1 and 2 is above 10 ppb but less than 20 ppb, test sample 3 may be 

analyzed. The results of test samples 1, 2 and 3 will be averaged. If the average aflatoxin level for test samples 1, 2, 

and 3 is 15 ppb or less the lot will be reported as negative for aflatoxin. If the average aflatoxin level for test 

samples 1, 2, and 3 is above 15 ppb the lot fails. 

 

Bulk lots determined to be conforming for aflatoxin as evidenced by a USDA certificate, in accordance 

with the above procedures will be considered acceptable for use as ingredients as long as both the bulk and end 

item lots' identities have been preserved and the bulk lot has been maintained under acceptable conditions (i.e., 

between approximately 40°F to 50°F at low humidity). Results shall be reported to the nearest whole number. 

Bulk roasted peanuts with aflatoxin greater than 15 ppb shall not be used as ingredients. 

 

Bulk ingredient lots of almonds, filberts, walnuts, and sunflower kernels shall be sampled using USDA/AMS 

sampling procedures to yield one or two 10-pound composites, depending on the lot size. The number of sample 

points accessed to create the 10-pound composite(s) will be based on the bulk lot size in pounds and USDA/AMS 

sampling procedures. The composites will be tested by the USDA/AMS laboratory using the designated methods, 

and reported on a USDA/AMS laboratory report. Bulk ingredient lots with aflatoxin results not greater than 15 ppb 

will be considered acceptable for use as long as the bulk and end item lots' identities have been preserved and the 

ingredients are maintained under acceptable conditions (i.e., between approximately 40°F to 50°F at low humidity). 

Results shall be reported to the nearest whole number. Bulk lots of almonds, filberts, walnuts, or sunflower kernels 

with aflatoxin greater than 15 ppb shall not be used as ingredients. 

 

NOTE 2: A USDA Certificate of Analysis on roasted peanuts, almonds, filberts, walnuts, and sunflower 

kernels from the most recent crop year which have been kept in cold storage (between approximately 40°F to 50°F 

at low humidity) is acceptable. Contractor must attest to these storage conditions. If storage conditions for roasted 

peanuts are not established, a USDA certificate of analysis for aflatoxin on roasted peanuts will be considered 

current if not more than 30 days have elapsed since the date of the analysis.”

 

C02 - Manufacturing Phase-Out or Discontinuation of Production, Diminishing Sources, and 

Obsolete Materials or Components (DEC 2016) 

The contractor shall notify the contracting officer immediately upon determining the unavailability of obsolete 

materials or components. The contractor may recommend a solution to include the impact on the contract price and 

delivery. The contractor shall not initiate any item redesign or incur any additional costs without the express, 

written authorization of the contracting officer. In the event that manufacturing phase-out or discontinuance of 

production of such items is contemplated, the contractor is required to notify the contracting officer and publish the 

discontinuance in the Government-Industry Data Exchange Program (GIDEP), where feasible; and to provide 

immediate advance notice of production phase-out to DLA DMSMS at dscc.dmsms@dla.mil. C03 Contractor Retention of Supply Chain Traceability Documentation (SEP 2016) 

(1) By submitting a quotation or offer, the contractor agrees that, when the contractor is not the manufacturer of the 

item, it is confirming that it currently has or will obtain before delivery and shall retain documented evidence 

(supply chain traceability documentation) that the item is from the approved manufacturer and conforms to the 
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technical requirements. The retention period is five years after final payment under this contract. 

(2) At a minimum, the supply chain traceability documentation for the item shall include: basic item description, 

part number and/or national stock number, manufacturing source, manufacturing source's Commercial and 

Government Entity (CAGE) code, and clear identification of the name and location of all supply chain 

intermediaries between the manufacturer to the contractor to item(s) acceptance by the Government. The 

documentation should also include, where available, the manufacturer's batch identification for the item(s), 

such as date codes, lot codes, or serial numbers. 

(3) Examples of acceptable supply chain traceability documentation can be found at: http://www.dla.

mil/ LandandMaritime/Business/Selling/Counterfeit-Detection-Avoidance-Program/

(4) The contractor shall immediately make available documentation upon request of the contracting officer. The 

contracting officer determines the acceptability and sufficiency of documentation. If the contractor fails to 

retain or provide the documentation or the contracting officer finds the documentation to be unacceptable, 

corrective action may be taken including, but not limited to, cancellation of undelivered orders or rejection of 

delivered supplies. 

C14 Repackaging or Relabeling to Correct Deficiencies (AUG 2017) 

The Government may correct packaging or labeling deficiencies if the estimated costs of the corrections are $300 

or less ($500 for C&T items). The contracting officer will advise the contractor of the discrepancy and that the 

Government has completed the repackaging or relabeling. Upon receipt of notice from the contracting officer, the 

contractor shall reimburse the Government for the costs incurred by the Government to correct the deficiencies. If 

the estimated costs of repackaging or relabeling are more than $300 ($500 for C&T), the contracting officer may 

advise the contractor of the discrepancy and have the material returned to the contractor for correction/resubmittal; 

or, if there are urgent requirements, have the Government remediate the discrepancy at the contractor's expense. 

Upon receipt of notice from the contracting officer, the contractor shall reimburse the Government for the costs 

incurred by the Government to correct the deficiencies. 

C20 Vendor Shipment Module (VSM) (AUG 2017) 

(1) DLA's Vendor Shipment Module (VSM) is a web-based system available to DLA contractors for the purpose of 

obtaining current shipping addresses, two-dimensional bar coded shipping labels in accordance with MILSTD-129P, bills of lading, packing lists, and other shipping documentation. VSM replaces the need for the 

contractor to contact the transportation office prior to shipping items. The use of VSM for f.o.b. destination 

contracts allows for the printing of labels and can also be used to print labels and arrange for shipping on f.o.b. 

origin contracts. 

(2) To obtain information for contracts administered by DLA or to register as a VSM user, contact the DLA VSM 

Helpdesk at (800) 456-5507 or via email to delivery@dla.mil. (a) Prior to contacting the Government that 

material is ready to ship, the contractor shall complete their VSM profile, to include regular business hours and 

observed holidays. The Government may request reimbursement for occurrences when the Government sends 

carrier equipment but is unable to pick-up a shipment due to the material not being available or the contractor 

being closed. 

(3) To obtain information for contracts administered by DCMA, contact the DCMA VSM Helpdesk at 

(314) 331-5573 or vsm.shipments@dcma.mil. 

 

 

 

 

 

 

 

 

 

 

 
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C02 - Manufacturing Phase-Out or Discontinuation of Production, Diminishing Sources, and Obsolete 

Materials or Components (DEC 2016) 

The contractor shall notify the contracting officer immediately upon determining the unavailability of obsolete 

materials or components. The contractor may recommend a solution to include the impact on the contract price and 

delivery. The contractor shall not initiate any item redesign or incur any additional costs without the express, written 

authorization of the contracting officer. In the event that manufacturing phase-out or discontinuance of production of 

such items is contemplated, the contractor is required to notify the contracting officer and publish the discontinuance 

in the Government-Industry Data Exchange Program (GIDEP), where feasible; and to provide immediate advance 

notice of production phase-out to DLA DMSMS at dscc.dmsms@dla.mil. 

C03 Contractor Retention of Supply Chain Traceability Documentation (SEP 2016) 

 (1) By submitting a quotation or offer, the contractor agrees that, when the contractor is not the manufacturer of the 

item, it is confirming that it currently has or will obtain before delivery and shall retain documented evidence (supply 

chain traceability documentation) that the item is from the approved manufacturer and conforms to the technical 

requirements. The retention period is five years after final payment under this contract. 

(2) At a minimum, the supply chain traceability documentation for the item shall include: basic item description, part 

number and/or national stock number, manufacturing source, manufacturing source's Commercial and Government 

Entity (CAGE) code, and clear identification of the name and location of all supply chain intermediaries between the 

manufacturer to the contractor to item(s) acceptance by the Government. The documentation should also include, 

where available, the manufacturer's batch identification for the item(s), such as date codes, lot codes, or serial 

numbers. 

(3) Examples of acceptable supply chain traceability documentation can be found at: http://www.dla.mil/

LandandMaritime/Business/Selling/Counterfeit-Detection-Avoidance-Program/ 

(4) The contractor shall immediately make available documentation upon request of the contracting officer. The 

contracting officer determines the acceptability and sufficiency of documentation. If the contractor fails to retain or 

provide the documentation or the contracting officer finds the documentation to be unacceptable, corrective action 

may be taken including, but not limited to, cancellation of undelivered orders or rejection of delivered supplies. 

C14 Repackaging or Relabeling to Correct Deficiencies (AUG 2017) 

 The Government may correct packaging or labeling deficiencies if the estimated costs of the corrections are $300 or 

less ($500 for C&T items). The contracting officer will advise the contractor of the discrepancy and that the 

Government has completed the repackaging or relabeling. Upon receipt of notice from the contracting officer, the 

contractor shall reimburse the Government for the costs incurred by the Government to correct the deficiencies. If the 

estimated costs of repackaging or relabeling are more than $300 ($500 for C&T), the contracting officer may advise 

the contractor of the discrepancy and have the material returned to the contractor for correction/resubmittal; or, if 

there are urgent requirements, have the Government remediate the discrepancy at the contractor's expense. Upon 

receipt of notice from the contracting officer, the contractor shall reimburse the Government for the costs incurred by 

the Government to correct the deficiencies. 

C20 Vendor Shipment Module (VSM) (AUG 2017)

(1) DLA's Vendor Shipment Module (VSM) is a web-based system available to DLA contractors for the purpose of 
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obtaining current shipping addresses, two-dimensional bar coded shipping labels in accordance with MIL-STD-129P, 

bills of lading, packing lists, and other shipping documentation. VSM replaces the need for the contractor to contact 

the transportation office prior to shipping items. The use of VSM for f.o.b. destination contracts allows for the 

printing of labels and can also be used to print labels and arrange for shipping on f.o.b. origin contracts. 

(2) To obtain information for contracts administered by DLA or to register as a VSM user, contact the DLA VSM 

Helpdesk at (800) 456-5507 or via email to delivery@dla.mil. (a) Prior to contacting the Government that material is 

ready to ship, the contractor shall complete their VSM profile, to include regular business hours and observed 

holidays. The Government may request reimbursement for occurrences when the Government sends carrier 

equipment but is unable to pick-up a shipment due to the material not being available or the contractor being closed. 

(3) To obtain information for contracts administered by DCMA, contact the DCMA VSM Helpdesk at (314) 

331-5573 or vsm.shipments@dcma.mil. 

 

SECTION D - PACKAGING AND MARKING

Part I -Technical Data for MORE Assembly 

D-1. PACKAGING: Packaging requirements applicable to assembly packages, food packets and timetemperature indicator (TTI) labels are specified in Section D-1 of the currently contractual Assembly Contract 

Requirement (ACR) document.

 

NOTE: The TTI shall have a minimum shelf life of 1100 days at 80 degrees Fahrenheit. 

D-2. LABELING: Labeling requirements applicable to food packets are specified in Section D-2 of the currently 

contractual Assembly Contract Requirement (ACR) document.

 

D-3. PACKING: Packing Requirements are specified in Section D-3 of the currently contractual Assembly Contract 

Requirement (ACR) document.

D-4. UNITIZATION:

 

A. Unitization requirements are specified in section D-4 of the currently contractual Assembly Contract 

Requirement (ACR) document. 

B. Unit load height shall not exceed 44 inches. 1/, 2/

 

1/ Pallets shall conform to requirements cited in the general requirement section of DLA Troop Support Form 

3507. 2/ Three-stringer construction is acceptable. 

D-5. MARKING:

 

A. ASSEMBLED RATION 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 and as specified in the contract and ACR with the following exceptions: 

1. Identification/contract data markings normally placed on an end of the shipping container shall read 
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from top to bottom, left to right, when the shipping container is rotated from its upright position onto its side for 

palletization. The following identification markings shall be applied to the shipping case end panel: 

8970-01-XX-XXXX (as appropriate) 

FOOD PACKET, MORE HIGH ALTITUDE/COLD WEATHER 

(FOR TEMPERATURES BELOW 40o F), Type I 3/

24 MEALS 4/

WT. CU. CONTRACT 

NO. 5/

 

NAME AND ADDRESS OF ASSEMBLY CONTRACTOR 

U. S. GOVERNMENT PROPERTY - COMMERCIAL RESALE IS UNLAWFUL 

 

3/ For MORE, Type II, use ”FOOD PACKET, MORE HOT WEATHER (FOR TEMPERATURES ABOVE 70o F), Type II”. 

 

4/ Alternatively, the marking may be “24 MEALS A/A”. 

 

5/ The “Contract No.” line may precede or follow the “Name, address, and zip code of assembly contractor” line. 

 

 

2. The major flaps of the shipping container immediately to the right of the marked end panel of the 

shipping container shall bear the following markings: 

 

DATE OF PACK/LOT NUMBER 6/, 7/

INSPECTION/TEST DATE 6/, 8/, 9/

 

6/ Contractor shall mark the applicable date of pack/lot number and inspection/test date by embossing, stamping, printing, stenciling, jet 

or laser printing on each shipping container. 

7/ For final assembled lots, 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. 5/25/2020) and/or a Julian Date (e.g. 0145). 

8/ The Shipping containers shall contain all of the required markings. The ration assembler shall be responsible for applying the required 

markings. The shelf-life for the assembled ration is 36 months at 80oF and shall be used in computing the Inspection/Test date. 

9/ To calculate Inspection Test Date (ITD), add shelf life value to Date of Pack. Example: If Date of Pack is 5/25/2020 and shelf-life is three 

years, then ITD is computed as follows: 5/14 + 3 = ITD 5/23. 

3. Time Temperature Indicator shall be centrally positioned on a closure flap and shall conform to a 

single pattern of placement. A minimum distance (quiet zone) of 1⁄4 inch from the nearest marking shall be 

maintained. 

 

4. One side panel of the shipping container shall be marked “FOOD PACKET, MODULAR 

OPERATIONAL RATION ENHANCEMENT (MORE)” in letters not less than 1-1/4 inches high. 

Underneath the ration nomenclature, in letters not less than 1⁄2 inch, the shipping container shall be marked “DO 

NOT ROUGH HANDLE WHEN FROZEN (0 o F or below)”. 

4. For line items scheduled for delivery to controlled storage, the following additional special markings shall be 

printed on pressure-sensitive labels. One label shall be applied to each case end-panel on the end opposite the 

contractual makings and one label shall be applied adjacent to the unit load markings. The label shall read as 

follows: 
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DLA TROOP SUPPORT OWNED STOCKS (ACCT. NO. 

SCO300) 

NOTICE 

THIS PRODUCT HAS BEEN HELD UNDER CONTROLLED TEMPERATURE AND HUMIDITY 

CONDITIONS AND SHOULD NOT BE CONSIDERED OVERAGE BECAUSE OF THE DATE OF 

PACK 

AND THE DATE OF PACK SHOULD NOT BE THE CONTROLLING FACTOR IN DETERMINING 

ISSUANCE AND UTILIZATION OF THE PRODUCT FURTHER. FURTHER REFRIGERATION IS 

NOT REQUIRED. 

 

 

a. The lettering of the above label shall be 1⁄4 inch solid letters with the exception of the word “NOTICE” which 

shall be 1⁄2 inch solid letters.

 

b. At the Contractors' sole discretion, the controlled storage markings as described above may be pre-printed on the 

shipping container or otherwise marked under any applicable requirements cited for marking of shipping 

containers. Under this alternative, it is the responsibility of the contractor to determine the quantity, if any, of 

such pre-printed shipping containers that will be necessary. It remains the responsibility of the Contractor to 

properly mark the shipping containers as required by contractual documents. 

B. ASSEMBLED RATION UNIT LOADS: 

 

1. Unit loads shall be marked in accordance with DLA Troop Support Form 3556 except that the “marking 

and special markings” information required for the marking for palletized/containerized shipments (Form 3556, 

F.1) shall be as follows: 

 

GROSS WEIGHT AND CUBE 

NUMBER OF SHIPPING CONTAINERS PER LOAD (E.G., 48 

CS) CONTRACT NUMBER 

JULIAN DATE OF PACK/LOT NUMBER 

 

10/ Gross weight and cube shall include the weight and dimensions of the pallet base. The gross weight and cube may be determined by 

weighting and measuring five or more fully-unitized loads (or weighing components separately) for determining the average weight and 

cube of the unit load. 

 

2. Marking may be accomplished by stenciling, printing or by pressure-sensitive labels and shall be 

positioned on two adjacent sides of the load. Size of lettering shall not be less 1⁄2 inch and shall be black. Markings 

shall be legible, non-fading and durable. 

Part II- TECHNICAL DATA FOR CONTRACTOR FURNISHED MATERIAL 

(CFM) COMPONENTS 

D-1. PACKAGING: 
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A. Individual component packaging requirements are found in the component's prime document: 

1. For Performance-based Contract Requirements (PCRs), refer to section D-1 Packaging of the respective 

PCR. 

2. For Commercial Item Descriptions (CID), refer to section D-1 Packaging of the respective CID 

PKG&QAP. 

D-2. LABELING: 

 

A. In addition to individual component labeling requirements, all components shall be labeled in accordance 

with all applicable regulatory requirements, including “NUTRITION FACTS” labeling in accordance with the 

Nutrition Labeling and Education Act (NLEA). 

 

B. When the unit packager/assembler is overwrapping commercially wrapped and labeled product that meets 

the requirements of the NLEA, it will only be necessary to apply product name and date-of-pack to the 

overwrapped pouch. 

 

C. Individual component labeling requirements are found in the component's prime documents: 

1. For Performance-based Contract Requirements (PCR's), refer to section D-2 Labeling of the applicable 

PCR. 

2. For Commercial Item Descriptions (CID), refer to section D-2 Labeling of the respective CID PKG & 

QAP. 

D-3. PACKING: 

A. It shall be the responsibility of the Assembly Contractor to ensure that Contractor 

Furnished Material (CFM) shipped to a unit packager and/or to the assembly point is packed such as to assure 

product compliance with applicable end item requirements. 

 

D-4. UNITIZATION: 

 

A. It shall be the responsibility of the Assembly Contractor to ensure that CFM product shipped to a unit 

packager and/or to the assembly point is unitized or otherwise shipped such as to assure product compliance with 

applicable end item requirements and to be in accordance with applicable Federal and/or State regulatory 

requirements. 

D-5. MARKING: 

 

A. Marking of CFM shipping containers shipped to a unit packager and/or to the assembly point shall be in 

accordance with applicable Federal and/or State requirements, provided that a production lot number that indicates 

the production date of the contents is included. The lot number on the shipping container may be “in the clear”, a 

Julian date code, or such other code as must be explained in a letter to the Contracting Officer and to the applicable 

inspection personnel. 

 

 
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SECTION E - INSPECTION AND ACCEPTANCE

NOTE: Those quality assurance provisions (product, packaging, packing, and regulatory requirements, 

procedures, and inspections) specified in Section E of this solicitation, and, as amended by this solicitation, those 

quality assurance provisions specified in prime document ACR-F-002 and in the Contractor Furnished Material 

(CFM) component specifications are required for contractor, United States Army Public Health Center (PHC), and 

United States Department of Agriculture, Agricultural Marketing Service, Fruit and Vegetable Program, and 

Specialty Crops Inspection Division (USDA-AMS) inspection.

NOTE: FAR 52.246-2 and 52.246-11 are applicable to this solicitation and the resulting solicitation/contract, and 

shall be cited to properly enforce the Higher Level Contract Quality requirements.

 

Provisions 9023, General Inspection Requirements (AUG 2017) is incorporated by reference in this 

solicitation and the resultant contract(s). In addition, the following procedures will be used for inspection 

and acceptance. If there is a conflict between the following inspection and acceptance procedures and those 

stated in Provision 9023, then the provisions cited in the following inspection and acceptance procedures 

shall control. The inspection and acceptance procedures shall be as follows: 

 

E-1. Quality Assurance Requirements for Ration Component Production Plants and Ration Sub Assembly 

and Assembly Plants. 

 

E-1-A. Higher Level Quality Requirements - Documented Quality Systems Plan (QSP) 

 

The contractor shall model the documented QSP after ISO/ANSI/ASQ 9001, a system that meets other recognized 

industry quality standards, or a process control system that is equivalent to or better than ISO/ANSI/ASQ 9001. 

The contractor shall identify the quality standard used to model their QSP. If the contractor proposes an alternate 

(i.e., non-standard) process control system, this shall be clearly stated in the QSP. Some contractors may have third 

party certification of their quality system, which the private sector devised to administer the ISO series standards. 

However, certification by any third party, to include Government certifications, is not required. Whether or not 

contractors want to use third party certification is completely optional on their part. Although certification 

information may be provided as documentation and evidence to support the system proposed by the contractor, 

third party certification/registration documentation is not a substitute for government quality assurance with regard 

to components used in the operational ration programs. Regardless of the standard or non-standard document used 

to model the documented QSP, the documented QSP shall address, at a minimum, the following elements (within 

each section of the element the contractor shall provide the information and address the questions, as applicable, 

listed in Operational Rations Quality Systems Audit Workbook I: Documented QSP Evaluation Guideline: 

 

QSP General Outline 

 

I. MANAGEMENT RESPONSIBILITY AND QUALITY SYSTEM DESIGN

II. TRAINING

III. DOCUMENT AND DATA CONTROL AND CONTROL OF QUALITY RECORDS

IV. CONTROL OF INSPECTION, MEASURING, AND TEST 

EQUIPMENT (IAW NCSL Z540.3 or ISO 10012)

V. CONTROL AND PROTECTION OF PRODUCT

1. Handling, Storage, Packaging, Preservation, and Delivery Program 

2. Product Identification and Traceability Program 

3. Inspection and Test Status and Records 

4. Control of Nonconforming Material/Product 
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VI. CONTRACT REVIEW, PURCHASING AND CONTROL OF 

CUSTOMER- SUPPLIED PRODUCT (Government-furnished material)

VII. RECEIPT INSPECTION AND TESTING

VIII. IN-PROCESS AND PROCESS INSPECTION AND TESTING:

1. Manufacturing Process Control Techniques (MPC QAP) 

2. Statistical Process Control Techniques (SPC QAP) 

IX. REGULATORY CONTROLS

1. General Regulatory Requirements (as applicable to the plant USDA-FSIS, FDA, GMP, HACCP, SSOP, 

USDA -Dairy, etc.). 

2. Integrated Pest Management and Sanitation Programs*

X. END ITEM INSPECTION AND TESTING (IAW product/

material specifications/documents and ANSI/ASQ Z1.4)

XI. INTERNAL AUDITS

XII. CORRECTIVE AND PREVENTIVE ACTION PROGRAM

XIII. IMPROVEMENT

 

*Integrated Pest Management Plan (IPM) and Contractor Sanitation Program: Even though the IPM Plan is 

required to be submitted, the questions concerning the facility's IPM listed in Section IX Regulatory Controls, Area 

2 of the Quality Systems Audit Workbook I must be addressed within the QSP. Both the IPM Plan and Sanitation 

Program (Contractor Sanitation Program- Operational Rations, November 2015) must be in place at time of award 

and shall be made available for onsite review.

The documented QSP will be evaluated by the Operational Rations Quality System Audit Team (composed of 

DLA Troop Support-FTSB and USDA-AMS, Quality Systems Auditors), USDA-AMS Operational Rations 

Program Coordinator, and the Government In-Plant Quality Assurance Representatives (QAR) assigned to 

perform Government QA functions at contractors' facilities. Government personnel will use the Operational 

Rations Quality Systems Audit Workbook I: Documented QSP Evaluation Guideline (in conjunction with the 

standard or other document identified in the contractor's QSP) as the basic framework against which they will 

evaluate QSPs. 

Workbook I was developed to standardize the evaluations of documented QSPs (developed using ISO/ANSI/

ASQ 9001, other recognized industry quality standards, or a non-standard contractor's specific process control 

system) submitted by contractors for the purpose of demonstrating their capability to meet the higher-level 

contract quality requirements using any of the aforementioned documents and for the contracting officer to 

assess a contractor's capability to meet the solicitation/contract requirements. 

NOTE: Although Government inspection personnel (USDA-AMS) are required to evaluate the contractors' QSPs, 

the QSP rating will be determined and assigned by DLA Troop Support-FTSB's Quality Systems Auditors.

Offerors/Contractors can request a copy of Workbook I by contacting the applicable contracting officer or DLA 

Troop Support-FTSB. Workbook I is also available online in PDF format at the following website: http://www.

dla. mil/TroopSupport/Subsistence/FoodSafety/FoodQuality.aspx

 

DLA Troop Support will recognize a contractor's quality system whenever it meets the solicitation/contract 

requirements, whether the quality system is modeled on military, commercial, national, or international quality 

systems standards. The design and implementation of a QSP will be influenced by the varying needs of a company, 

its particular goals and objectives, the products produced, and the processes and specific practices employed in the 

operation. The intent of the requirement is for contractors to improve process capability and process control which, 
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when used effectively, can result in a prevention-oriented approach rather than a detection approach that will 

improve product quality and lower cost through the use of a single quality system in any contractor facility. 

A documented QSP is required when a contract references or requires a contractor to perform under the higher-level 

contract quality requirements. Contractors are responsible for complying with the quality system requirements set 

forth in their documented QSP in addition to all detailed requirements cited in the contract and for furnishing 

products that meet all requirements of the contract. Contractors are required to establish, document, submit for 

Government review, and maintain a quality system as a means of ensuring that product conforms to the requirements 

of the contract. The documented QSP shall include the quality system procedures and outline the structure of the 

documentation used in the quality system. When the requirements of the Statistical Process Control Quality 

Assurances Provision (SPC QAP) and/or the Manufacturing Process Controls and In-Process Inspection Quality 

Assurances Provision (MPC QAP) are applicable, these requirements must be addressed under the In-Process and 

Process Inspection and Testing section of the documented QSP. Redundant areas/requirements (cited in the MPC or 

the SPC QAPs) need only be addressed once in the QSP. The calibration of measuring and testing equipment shall, 

as a minimum, adhere to the requirements of NCSL Z540.3 or ISO 10012. 

The Higher Level Contract Quality Requirements, Manufacturing Process Controls (MPC), and Statistical Process 

Controls Quality Assurance Provision (SPC QAP) apply to all CFM and GFM food components and Sub 

Assembly and Assembly Operations, except as indicated below: 

 

The Higher Level Contract Quality Requirements, Manufacturing Process Controls (MPC), and Statistical Process 

Controls Quality Assurance Provision (SPC QAP) apply to all CFM and GFM food components and Sub 

Assembly and Assembly Operations, except as indicated below: 

 

A. The following items are exempt from the Higher Level Contract Quality Requirements, MPC QAP and the 

SPC QAP (No QSP required): 1. Accessory package components 2. Condiments (even if packaged in 

laminated barrier pouches): hot sauce; ketchup; mayonnaise; mustard; etc. 3. Bulk packed items: beef snacks; 

ranger bar; First Strike bars; osmotic fruit; cookies (CID A-A-20295, PCR-C-031); almonds, roasted; cashews, 

roasted; peanuts, roasted; snacks (CID A-A-20195); commercial sandwich crackers/cookies; and bulk packed 

items procured using the commercial components solicitation (e.g., candies). 

NOTE: Bulk packed, as used in this paragraph, means packing prior to finished product packaging. However, 

note that this does not prohibit the prime contractor on their own accord from requiring a QSP from their 

subcontractors for all products.

 

B. A QSP is required but SPC techniques are optional for the following items: Beverage bases, cheese spreads, 

cookies (CID A-A -20295, PCR-C-031), dairy component powders (cocoa beverages, dairy shakes, flavored 

coffees, non-dairy creamer, etc.), nut raisin mixes, peanut butter, peanut spread, jellies/jams/preserves, and 

bulked-packed items that are individually packaged by an assembler/packer in military packaging (laminated 

barrier pouches). However, note that this does not prohibit the prime contractor from requiring SPC techniques 

from their subcontractors for all products on their own accord.

 

NOTE: TO THE EXTENT OF ANY INCONSISTENCY BETWEEN THE CONTRACT OR ITS GENERAL 

PROVISIONS AND A CONTRACTOR'S QSP AND/OR IMPLEMENTED QUALITY SYSTEM, THE 

CONTRACT AND THE GENERAL PROVISIONS SHALL CONTROL. 

 

The QSP must be submitted to the Contracting Officer, for review no later than at time of bid submittal to determine 

if the QSP meets the acquisition needs. The QSP shall be DOCUMENTED, DATED, AND SIGNED BY A 

RESPONSIBLE COMPANY OFFICIAL and WILL BE DISTRIBUTED UNDER COMPANY LETTERHEAD TO 

THE ADDRESSEES BELOW: 

 

ONE COPY SHALL BE MAILED (AT TIME OF BID SUBMITTAL) TO: 
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MAILED OFFER to: 

 

CANDICE CAMPBELL 

DEFENSE LOGISTICS AGENCY 

DLA TROOP SUPPORT 

POST OFFICE BOX 56667 

PHILADELPHIA, PA 19111-6667 

 

Solicitation: SPE3S1-20-R-0002 

Deliver HANDCARRIED OFFER, including delivery by commercial carrier, to 

 

DLA TROOP SUPPORT 

700 ROBBINS AVENUE 

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

PHILADELPHIA, PA, 19111 

 

B. AFTER CONTRACT AWARD ONE COPY SHALL BE MAILED PRIOR TO THE INITIATION OF 

PRODUCTION TO EACH OF THE FOLLOWING USDA-AMS OFFICES as applicable:

 

1. USDA-AMS OFFICES: When USDA-AMS is responsible for performing Government source inspection at 

a ration facility one copy shall be mailed to each of the following USDA-AMS offices:

a. CHIEF, CONTRACT SERVICES BRANCH 

USDA, AMS, SCP, SCI DIVISION 

ATTN: Richard Boyd 

1400 INDEPENDENCE AVE. SW 

ROOM 0726, SOUTH BLDG. 

WASHINGTON, DC 20250-0247 

 b. USDA-AMS INSPECTION AREA OFFICE: The contractor/subcontractor shall contact USDAContract Services Branch (202-720-5021) for the applicable area office address (College Park, GA; 

Covina, CA; Hunt Valley, MD; North Brunswick, NJ; South Bend, IN; Richmond, VA; Oshkosh, 

WI; Stockton, CA; Winter Haven, FL: Yakima, WA, etc.). 

2. USDA-AMS IN-PLANT INSPECTOR/GQAR: When a Government (USDA-AMS) inspector is 

assigned to perform Government source inspection at a contractor/subcontractor facility, one copy shall 

be personally delivered to the Government inspector prior to the initiation of production. 

 

3. U.S. ARMY VETERINARY INSPECTION PERSONEL: When Army Veterinary Inspectors (AVIs) are 

responsible for performing Government source inspection at operational rations assembly plants, one copy 

shall be personally delivered to the resident AVI/GQAR prior to the initiation of production/assembly. The 

contractor/subcontractor shall contact USAPHC for questions regarding AVI's inspection services.

 ARMY PUBLIC HEALTH CENTER 

VETERINARY SERVICES PORTFOLIO 

Attn. MCHB-IP-VF 

CHIEF, OPERATIONAL RATIONS 
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5158 BLACKHWAK ROAD 

BLDG. E5158 

ABERDEEN PROVING GROUND, MD 21010-5403 

 

4. DEFENSE CONTRACT MANAGEMENT AGENCY (DCMA): When DCMA inspectors are responsible 

for performing Government source inspection at the flameless ration heater (FRH) manufacturing facility, 

one copy shall be personally delivered to the resident Government QAR prior to the initiation of 

production. The contractor/subcontractor shall contact the applicable DCMA office for inspection services.

 

a. DCMA GARDEN CITY 

605 STEWART AVE 

GARDEN CITY, NY 11530-4761 

 

b. DCMA DAYTON

1507 WILMINGTON PIKE 

DAYTON, OH 45444-4300 

 

Aforementioned Government inspection personnel and In-Plant Government QARs shall fax, e-mail, or mail 

(via priority mail) their evaluations and comments regarding the contractor's QSPs and/or QSP's revisions, 

within 20 calendar days from the day of receipt of the QSP/revision. 

Failure by the contractor to submit a response to comments provided by the Government inspection personnel and 

In-Plant Government QARs, within the suspense date, may result in DLA Troop Support-FTSB Quality Systems 

Auditors not including the applicable inspection agency's comments in Government QSP joint evaluations. InPlant Government QARs are also required to report quality systems noncompliance within one working day 

using the Corrective Action Request (CAR) Form. QSP evaluations and CARs shall be faxed to the DLA Troop 

Support - FTSB Operational Rations Quality Systems Audit Team at fax number (215) 737-0379, the current 

DLA Troop Support -FTSB's group mailbox (SubsistenceQualitySystems@dla.mil) or mailed to the following 

address (the preferred and most expeditious method is via E-mail or fax): 

Send MAILED OFFER to: 

 

DEFENSE LOGISTICS AGENCY 

DLA TROOP SUPPORT 

POST OFFICE BOX 56667 

PHILADELPHIA, PA 19111-6667 

 

Deliver HANDCARRIED OFFER, including delivery by commercial carrier, to 

 

DLA TROOP SUPPORT 

700 ROBBINS AVENUE 

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

PHILADELPHIA, PA, 19111 

 

During the Acquisition Phase (prior to contract award): A QSP must be submitted as part of an offeror's 

proposal. However, if an offeror has previously submitted a QSP under a similar acquisition or contract, then the 

offeror may reference that QSP by date and only submit changes (if deemed necessary by the offeror) with the 

proposal for this solicitation. The QSP may be reviewed and discussed with offerors prior to award, but the QSP will 

not be evaluated as part of the award decision or be used to make a responsibility determination. However, failure to 
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submit or reference an existing QSP may make an offeror ineligible for award.

 

After the Acquisition Phase: After the Acquisition Phase (after contract award), DLA Troop Support-FTSB will 

assign the contractor's QSP a rating of acceptable, marginally acceptable or unacceptable. If a contractor's QSP is 

rated unacceptable, the QSP must be revised to receive, at a minimum, a marginally acceptable rating 

within 45 days of the contract award date. Failure to receive at least a marginally acceptable rating within 

45 days of contract award will be a breach of the contract for which the Government may exercise its 

available rights, including, but not limited to, terminating the contract. The contractor can submit changes to 

improve the plan throughout the life of the contract.

DLA Troop Support-FTSB Quality Systems Auditors evaluate, assign QSP ratings, and approve or disapprove 

changes to the QSP. QSP procedures or changes to a QSP that may involve a change to a specific contractual 

requirement (cited in the contract TDP/ items specification/CID) must be coordinated and approved by the 

Contracting Officer. To expedite the evaluation process, all QSP changes (that do not involve a specific 

contractual change) shall be simultaneously provided to the In-Plant GQAR and a copy faxed, E-mailed, or 

mailed to DLA Troop Support-FTSB and each applicable office for their review. The GQAR's in-plant evaluation 

will be considered sufficient for production, unless specifically rejected by DLA Troop Support-FTSB after the 

contractor submits the change to DLA Troop Support. The contractor's documented QSP is considered a living 

document and continuous improvements are highly encouraged. 

 

Implementation, compliance, effectiveness, and continuous improvement of the QSP (implemented quality system) 

and the Food Defense Plan will be monitored by on-site quality systems compliance audits conducted throughout 

the life of the contract by the Operational Rations Quality Systems Audit Team and evaluations/internal audits 

conducted by the In-Plant Government QARs. Updates to the current QSP will be made as necessary. 

 

If a contractor fails to submit an acceptable QSP or copies of their QSP's revisions to the Government for review 

or does not comply with other requirements of the contract, the Government may decline to perform verification 

acceptance inspection at that time and or refuse to accept any product produced in accordance with FAR 46.102 

and 

46.407. Additionally, the Government may also withdraw the acceptance of a QSP during the contract period if it is 

determined that the contractor has not implemented, complied with the documented QSP, or the implemented 

quality system is not sufficient to meet minimum contractual requirements. 

 

NOTE: DLA Troop Support-FTSB and/or the Government QARs shall immediately notify the Contracting 

Officer of ALL noncompliance to specific contractual requirements. DLA Troop Support-FTSB will notify and/or 

obtain contracting officer's support/involvement when a contractor fails to comply with the approved documented 

QSP requirements or fails to respond to quality systems deficiencies noted during an on-site compliance audit or 

evaluations/audits conducted by In-Plant Government QARs.

 

The offeror/contractor agrees to maintain current, and make available, all documents and/or records required by the 

documented QSP for Government review at any time throughout the life of the contract and for three years after 

final delivery on the contract (to include any documents/records maintained by any subcontractor used by the prime 

contractor to fulfill a Government contract). 

 

NOTE: The procedures of how a contractor intends to comply with the requirements of the MPC QAP or the SPC 

QAP, as applicable, shall be covered in the In-Process and Process Inspection and Testing Section of the 

contractors' documented QSP/Quality Manual. If the contractor uses a different/numbering system than the 

Section/Element number cited in the TDP, the contractor's should cross-reference each applicable section of their 

QSP.

 

FOOD DEFENSE PLAN (FDP). The DLA Troop Support Subsistence Directorate provides world-wide 

subsistence logistics support during peacetime as well as during regional conflicts, contingency operations, national 
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emergencies, and natural disasters. At any time, the United States Government, its personnel, resources and interests 

may be the target of enemy aggression to include espionage, sabotage, or terrorism. This increased risk requires 

DLA Troop Support to ensure steps are taken to prevent the deliberate tampering and contamination of Operational 

Rations.

As the holder of a contract with the Department of Defense, the Contractor should be aware of the vital role they 

play in supporting our customers. It is incumbent upon the Contractor to take all necessary actions to secure 

product produced for and delivered to all DLA customers. The Government strongly recommends that all firms 

review their food defense plans relating to plant security and security of the products produced in light of the 

heightened threat of terrorism, and secure product from intentional adulteration/contamination. 

The Contractor shall comply with its Food Defense Plan (as submitted as the Food Defense portion under this 

contract solicitation) to prevent product tampering and contamination, and assure overall plant security and food 

safety. The Contractor must take all practicable measures that are within its control to deter or prevent tampering or 

contamination of supplies provided for under this contract solicitation. The Contractor must immediately inform 

DLA Troop Support Subsistence of any attempt or suspected attempt by any party or parties, known or unknown, to 

tamper with or contaminate subsistence supplies. 

Food Defense Plans will be reviewed to ensure compliance with the DLA Troop Support Food Defense Checklist. A 

copy of the Checklist is available online at https://www.dla.mil/Portals/104/Documents/TroopSupport/Subsistence/

FoodSafety/FoodQuality/food_defense_check19MAR20.pdf or through the applicable Contracting Officer or the 

DLA Troop Support Quality Audits & Food Defense Branch at 215-737-8656. 

NOTE: The Food Defense Plan may be modified at any point prior to contract start-up/implementation or during 

the period of performance. Whenever a change is made to the Food Defense Plan, it shall be submitted to the 

Contracting Officer for evaluation.

DLA Troop Support-FTSB will conduct Food Defense Audits/reviews during Compliance Audits and/or other visits 

to verify the implementation, compliance and effectiveness of the firm's Food Defense Plan. If a Food Defense Plan 

(including Food Defense Plans Covered in QSP) was previously submitted to DLA Troop Support, identify the 

office, name of the person the plan was submitted to, date of submittal, and rating assigned. 

NOTE: If more than one facility under direct control of the contractor will be used to produce and/or store 

product, a separate Food Defense Plan for each facility must be submitted. A completed DLA Troop Support 

Food Defense Checklist, by itself, is not a Food Defense Plan but may be included as part of the Plan. 

 

E-1-B. The following is applicable to this contract: 

QUALITY ASSURANCE PROVISION MANUFACTURING PROCESS CONTROLS AND IN-PROCESS 

INSPECTIONS 

This clause supplements process control guidance of the International Organization for Standardization (ISO)/ 

American National Standards Institute (ANSI)/American Society for Quality (ASQ) 9000 Series standard, or 

equivalent standards with process controls, and is applicable when the contract requires a higher-level quality system 

in accordance with Federal Acquisition Regulation (FAR) 46.202-4. The Contractor shall: 

(a) Ensure that all manufacturing operations are carried out under controlled conditions which will adequately assure 

that product characteristics and criteria specified by contract are achieved and maintained in the produced item. 

Controlled conditions include documented process control and in-process inspection procedures, adequate 

methods for identifying and handling material, and adequate production equipment and working environments. 

(b) As a minimum, perform inspections, examinations and/or tests, during manufacturing on those product 

characteristics which cannot be inspected at a later stage, and ensure that process controls are implemented and 

effective. 
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(1) Manufacturing processes shall be evaluated to determine which process characteristics have an effect on the 

quality of the produced item. These manufacturing processes shall be identified and requirements for their control 

shall be specified in written process control procedures. 

(2) When in-process inspection of material is not practical, control by monitoring processing methods, equipment, and 

personnel shall be provided. Both in-process inspection and process monitoring shall be provided when control is 

inadequate without both. 

(3) Prompt corrective action shall be taken when noncompliance or out of control conditions occur

 

(c) Clearly identify each in-process inspection and process control point at appropriate locations in 

the manufacturing operation. 

(d) Prepare clear, complete, and current written procedures for: 

(1) Each in-process inspection. Identify: the type, frequency, and amount (sampling plan/100 percent) of 

inspection; product characteristics to be inspected; criteria for approving and rejecting product; the record for 

documenting inspection results; and the method for identifying the inspection status of approved and rejected 

product. 

(2) Each process control. Identify the criteria, frequency, and records used verifying control of the process. 

(3) Assessing the adequacy of in-process inspections and process controls. The Contractor's quality 

organization shall assure by periodic surveillance that procedures are followed and are effective. Records of 

this surveillance will be maintained. 

(e) Make the documented inspection system available for review by the Government Quality Assurance 

Representative prior to the initiation of production and throughout the life of the contract. The Government is 

under no obligation to perform verification inspection or to accept product produced under the contract until the 

Government has received acceptable written procedures, and has been afforded the opportunity to evaluate the 

inspection system. Acceptance of the Contractor's inspection system by the Government does not bind the 

Government to accept any nonconforming supplies that may be produced by the Contractor. Periodic evaluations 

of the system may be made by the Government throughout the life of the contract. 

 

E-1-C. The following Statistical Process Control Quality Assurance Provision (SPC QAP) applies to this 

contract: 

 

QUALITY ASSURANCE PROVISIONS 

STATISTICAL PROCESS CONTROLS 

DLA Troop Support FT-12-001 

 

The requirements of this QAP shall be addressed in the Documented Quality System Plan (QSP) when applicable. 

Redundant areas/requirements cited in this QAP or the MPC Clause need only be addressed once in the In-Process 

and Process Inspection and Testing Section and/or other applicable section of the contractors' documented QSP/ 

Quality Manual. The characteristics requiring control will be those characteristics providing the best assurance of 

product conformance to end item contractual requirements. Therefore, the techniques (SPC/MPC) selected to 

control the processes shall be those that can best and most effectively/efficiently control the characteristics 

identified and provide the best assurance that the system implemented will consistently produce product 

conforming to contractual requirements. If the contractor uses a different/numbering system than the Section/

Element number cited in the TDP, the contractor's QSP should cross-reference each applicable section/element of 

their QSP. 

 

I. General Requirements: 

 

A. The offeror/contractor agrees to manage and improve process performance through the evaluation of the 

quality of the product at the prime contractor and, when required by contract, at subcontractor facilities, using 
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SPC techniques or MPC techniques.

 

B. Minimum criteria are established in the American Society of Quality (ASQ) standards B.1, B.2 and B.3 

(formerly the ANSI standards Z1.1, Z1.2, and Z1.3). Alternate SPC techniques such as short run methods are 

also allowed where applicable.

 

C. This QAP applies to all work performed at the prime contractor and, when required by contract, at subcontractor 

facilities. However, in those instances where it is not required of the subcontractor by contract, it does not prohibit 

the prime contractor from requiring it from their subcontractor of their own accord.

 

D. The implementation of SPC techniques (or alternate MPC techniques) and procedures shall be prepared 

in accordance with this provision and included in the documented QSP. Each offeror shall address the 

requirements of this QAP in their documented QSP (Section/Element VIII) and included with the 

proposal, when applicable. Failure to do so may result in rejection of the offer.

 

E. Exclusion of documented QSP submission: If an offeror has previously submitted a QSP, the offeror 

may reference that QSP by date and only submit changes (if deemed necessary by the offeror) with the proposal 

for this solicitation.

 

1. Offerors who consider themselves eligible for exclusion of the documented QSP at bid submittal, based 

on utilization of a previously submitted QSP for identical or similar supplies, are to submit a written request 

for exclusion (RFE) to the Procuring Contracting Officer (PCO). 

 

The offeror shall identify in the RFE the contract number(s) under which the supplies were previously furnished by 

them and accepted by the Government; and the applicable item nomenclature and National Stock Number(s); and 

the date of the documented QSP. QSP changes/revisions/updates, if applicable, need to be submitted along with the 

RFE at time of proposal. NOTE: Changes/revisions/updates must be well identified, dated and organized to facilitate 

posting to the QSP. 

 

2. If techniques selected (MPC, SPC, or combination of both) were determined to be adequate (in a QSP 

previously submitted and approved by DLA Troop Support - FTSB), the offeror shall certify that these techniques 

are still adequate to effectively control the processes and that the system implemented is still capable of 

consistently producing conforming product. 

 

II. SPECIFIC REQUIREMENTS: 

 

A. The offeror shall identify the characteristics to be controlled using SPC techniques (or the alternate MPC 

techniques). Application of SPC techniques shall be considered for all characteristics identified by performing 

pareto analysis on the defects from previous production, or projection of potential defects in future production, to 

discern the vital few and repetitive type failures from the trivial many. Additionally, offerors are encouraged to 

calculate quality costs to assist in determining what characteristics or processes to control statistically (QSP Element 

XIII). These defects, and all other characteristics identified by the offeror from process capability studies on current 

production, shall be subject to the application of SPC techniques or other analyses. The characteristics requiring 

control will be those characteristics providing the best assurance of product conformance to end item contractual 

requirements. In addition to the characteristics identified by the offeror, the following characteristics will be 

controlled using SPC techniques, MPC techniques, or other alternate controls methods deemed appropriate and 

effective in controlling the processes. Alternate controls to SPC and MPC must be clearly identified and explained 

in detail in the In-Process and Process Inspection and Testing Section of the contractors' documented QSP/Quality 

Manual. The description of SPC or MPC techniques shall be sufficient to allow a reviewer unfamiliar with 

the item or the contractor's production operation to properly assess the applicability of the control measures/

techniques being proposed.
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1. For Thermostabilized, High-Pressure Processed, or Hot Filled Items: (1) Laminated barrier pouch/ tray 

integrity (absence of tears, cuts, holes, delamination, abrasions, leakage, and non-fusion bonded seals, etc.), (2) 

Polymeric tray integrity (absence of tears, cuts, holes, delamination, abrasions, leakage, and non-fusion bonded 

seals, etc.) and (3) All thermostabilized items - the critical control points of the process schedule as determined 

by the contractor's Processing Authority and critical control points of the retort process schedule. The critical 

control points, other control points, and the contractor's Processing Authority shall be clearly identified in the 

Regulatory Controls Section and/or the In-Process and Process Inspection and Testing Section of the contractor's 

QSP, as applicable

 

2. For Water Activity Stabilized Items: (1) Laminated barrier pouch/tray integrity (absence of tears, cuts, holes, 

delamination, abrasions, leakage, and non-fusion bonded seals, etc.), (2) Polymeric tray integrity (absence of 

tears, cuts, holes, delamination, abrasions, leakage, and non-fusion bonded seals, etc.) and (3) All water activitystabilized items - control of water activity, and oxygen scavenger placement. The control points shall be clearly 

identified in the In-Process and Process Inspection and Testing Section of the contractor's QSP.

 

3. Flameless Ration Heater (FRH): The FRH chemical formulation and those processes that affect the formulation, 

performance, and the packaging (including over-wrapped FRH) of the FRH. The control points shall be clearly 

identified in the In-Process and Process Inspection and Testing Section of the contractor's QSP.

 

4. Assembly Operations: The use of SPC and/or MPC techniques is required. However, the Assembler shall 

determine application of SPC/MPC techniques for the assembly and sub assembly processes by performing a 

Pareto analysis. NOTE: The assembler shall identify the type of controls (MPC, SPC, or both) being applied for 

each process identified. The control points for the assembly and subassembly processes shall be clearly 

identified in the In- Process and Process Inspection and Testing Section of the Assembler's QSP

 

5. For Other Items SPC techniques are optional.

 

B. The SPC and MPC techniques (or combination of both) will be reviewed as part of the documented QSP 

for the firm or firms eligible for award. 

 

C. A documented QSP determined to be Insufficient for Production during the acquisition phase or seriously 

deficient may preclude the offeror from receiving an award. However, the PCO has the final authority and he/she 

may permit an offeror to revise a deficient QSP provided it is reasonably capable of being made sufficient for 

production or acceptable. Failure to negotiate a sufficient for production and/or acceptable QSP, as applicable, 

may also preclude the offeror from receiving an award. 

 

D. SPC Program: The information requested in Workbook I, In-Process and Process Inspection and Testing 

Section (Area 1 and 2 as applicable) shall be covered in the applicable section of the contractor's QSP. For 

characteristics as designated by the Offeror and/or the Government to be controlled using SPC or MPC techniques 

as indicated above, the QSP, as a minimum, must address the following: The QSP must identify and define each inprocess control point (IPCP) and/or process control point (PCP) in sequence in relation to the production, 

subassembly/assembly flow or chain of events (from weighing/mixing/batching of ingredients/materials, 

packaging, to final product); clearly identify the control technique selected (SPC/MPC or combination) to control 

each process identified; the number of samples selected, location of sample selection, and frequency of sampling at 

each IPCP and PCP identified; include procedures that describe the production/assembly operations and how the 
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contractor ensures these are carried out under control conditions to assure that product characteristics and criteria 

specified in the contract are achieved and maintained in the finished product (end item); and identify documents 

that are the basis for the SPC/MPC program including internal audits, textbooks, standards, and/ or Government 

documents.

 

E. Structure (policy/scope): The QSP shall identify the contractor's policy for applying SPC and the 

contractor's goals and commitments regarding SPC and continuous process improvement. The contractor may 

also discuss alternatives to SPC techniques (MPC techniques or other control technique) that have successfully 

reduced/ prevented the production of defects. Information must be covered in the Management Responsibility and 

Quality System Design Section I of the QSP or other applicable section of the contractor's QSP.

 

SPC Training: Information must be covered in the Training Section of the QSP or other applicable section of the 

contractor's QSP.

 

G. Vendor/Subcontractor/Purchase Controls: Information must be covered in the Contract Review, 

Purchasing, and Customer-Supplied Product of the QSP or other applicable section of the contractor's 

QSP.

 

H. Manufacturing Controls: (IAW Quality Assurance Provision, Manufacturing Process Controls and InProcess Inspection as applicable). The information requested in Workbook I, In-Process and Process Inspection 

and Testing Section (Area 1 and 2 as applicable) should be covered in the applicable section of the contractor's QSP 

(for characteristics as designated by the Offeror and/or the Government to be controlled using SPC or MPC 

techniques as indicated above): The QSP must clearly identify the control technique selected (SPC/MPC or 

combination) to control each process identified. Must include procedures that describe the production/assembly 

operations and how the contractor ensures these are carried out under control conditions to assure that product 

characteristics and criteria specified in the contract are achieved and maintained in the finished product (end item).

 

I. Statistical Process Control Procedures (General): The information requested in Workbook I, In-Process 

and Process Inspection and Testing Section (Area 1 and 2 as applicable) should be covered in the applicable section 

of the contractor's QSP (for characteristics as designated by the Offeror and/or the Government to be controlled 

using SPC or MPC techniques as indicated above): 1. Criteria for Using SPC Techniques: How the contractor determined which processes were appropriate 

for use of SPC or MPC techniques; process capability studies (application); types of charts used and rationale for 

use; and computer hardware/software used for SPC (if applicable). 

2. SPC Auditing and Review Procedures: This information must be covered under the Internal Audit 

Section or other applicable section of the contractor's QSP 

3. SPC Records. How the following records apply/correlate to the SPC program: Incoming inspection, 

manufacturing inspection, subcontractor inspection, internal and external failure reports, corrective action reports, 

control charts, scrap and rework reports, lessons learned, recommendations and feedback, etc. The information 

must be included in the In-Process and Process Inspection and Testing Section (Area 1 and 2 as applicable), the 

Document and Data Control and Control of Quality Records Section of the QSP or in the applicable section of the 

contractor's QSP.

 

J. When the documented QSP is rated acceptable and the system implemented is effective in consistently 

producing conforming product, the contractor may qualify for Government verification skip-lot inspection 

(Procedures for Alternative Skip-Lot End Item Inspection Requirements for Government Verification Inspections 

for Operational Rations). The Government reserves the right to return to the original acceptance sampling 

requirements if Government source inspection is waived, skip-lot is not in the best interest of the Government or for 

other causes as indicated in the procedure. The documented QSP shall be documented, dated, and signed by a 

responsible company official, and will be distributed under company letterhead as indicated in preceding paragraph 

“Higher Level Requirement - Quality Systems Plan (QSP)". The contractor is required to incorporate the 
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requirements of this SPC QAP in the In-Process and Process Inspection and Testing Section (Area 1 and 2 as 

applicable) of the QSP or other applicable sections of the contractor's QSP. 

 

E-1-D. The contractor's documented QSP and implemented Quality Systems are to be verified by the in-plant 

Government QARs/inspectors, when Government source inspection is required, in accordance with the 

Operational Rations Documented QSP Evaluation Workbook I, the regulation/file code of the respective 

inspection agency, and the particular requirements detailed in the contract.

 

E-2. Particular Requirements for Ration Assembler 

 

E-2-A. The word "contractor" as used herein, shall mean the ration assembly/sub assembly contractor to which this 

contract applies.

 

E-2-B. The contractor will have a quality assurance program that supports continuous improvement in accordance 

with paragraph E-1 above and the particular requirements applicable to the Food Packet, Modular Operational 

Ration Enhancement (MORE) outlined herein for the final assembly of the MORE ration, the unit packaging of 

food components, accessory bags and menu sub-assembly pack bags.

 

E-2-C. Government verification inspection and testing (conducted by the GQAR or Government laboratory) shall 

be withheld, at a minimum, until the contractor's completed inspection results are presented to the Government's 

Quality Assurance Representative (GQAR). Unless otherwise authorized, in writing, by the contracting officer, the 

GQAR and/or Government laboratory shall not perform Government verification inspection/testing unless the 

contractor's lot submittal package (inspection/test results-including analytical testing) provided to the GQAR 

indicates conformance to ALL contractual requirements

 

E-2-D. Government verification inspection may be accomplished by utilizing smaller sample sizes provided 

sampling plans utilized do not increase producer's sampling risk as assessed by applicable (ANSI/ASQ Z1.4) 

operating characteristic curves. Contracting Officer approval must be obtained prior to skip lot and/or reduced 

inspection.

 

E-2-E. When Army Veterinary Inspectors (AVI), representatives of the Army Public Health Center, are 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-2-F. AVI inspection is required for the sub assembly packaging, at the assembly plant, of bulk-packed items that 

are individually packaged by an assembler/packer in military packaging (laminated barrier pouches), accessory 

bags, menu sub assembly pack, and MORE final assembly, i. e., MORE menus and final cases . When the sub 

assembly packaging of the aforementioned products occurs at a location not under the supervision of the Army 

Veterinary Inspector, the process shall be under the requirements of contractor-paid USDA,AMS,FV,SCI Division 

inspection. When dairy component products (cocoa beverages, dairy shakes, flavored coffees, non-dairy creamer, 

puddings, granolas with milk and fruit, ice cream sandwich etc), are packaged into finished product at the 

assembler's plant, in- process and final inspection will be under the requirements of contractor-paid USDA,AMS,

FV,SCI Division inspection. Regardless of the Government agency designated cognizance for the support of the 

Government's quality assurance requirements at the supplier's production/assembly facility, a USDA laboratory 

will perform all Government verification testing. 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 USDA laboratory. The regulations, 

file codes, etc. of the respective inspection agency are applicable to the contract in conjunction with the quality 
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assurance requirements of the contract.

 

E-2-G. Plan for the Inspection Job (PIJ) 

(A.) Prior to initiating production of supplies, the contractor must furnish information to and cooperate in the 

completion by the QAR of DLA Troop Support Form 3587 (Plan for the Inspection Job (PIJ)) which may include, 

but not necessarily be limited to, the following data or information: 

1. Detailed production schedule. 

2. Lot size, lot presentation, and sampling procedures and techniques. 

3. Facilities to be provided Government personnel. 

4. Name(s) and title(s) of authorized contractor representatives. 

5. Agreement that the cognizant quality assurance service will be notified in advance of 

each day's production so that arrangements can be made by the Government to have 

Quality Assurance Representatives (QAR) available.

6. Procedures for notification of critical defects, ex. swellers, leakers and/or excessive amounts 

of defects being found.

(B.) The PIJ prepared by the QAR is deemed complete and approved for the production of supplies as described 

therein when dated and signed by the contractor and the QAR. A copy of the completed and signed PIJ and 

subsequent revisions shall be submitted to DLA Troop Support -FTSB. Preparation of this document may require 

preproduction/postaward conferences between Government and contractor representatives. The contractor shall sign 

and date the PIJ to signify agreement to all terms and conditions therein. Production of supplies shall not commence 

until the document is signed by both parties. The document may remain in effect for subsequent contracts provided 

it is reviewed (revised as necessary) at quarterly intervals, initialed and dated by the contractor and the QAR to 

certify currency. The document shall be revised/amended prior to production of new items not included in the basic 

document or whenever significant changes occur in contractual inspection documents that necessitate modification. 

When signed by both the contractor and the QAR, the PIJ document is contractually binding. Failure of the 

contractor to comply with the document will be reported by the QAR to the contracting officer for appropriate 

action for noncompliance with the inspection requirements of the contract. However, occasional minor deviations 

from the scheduled production hours or lot size(s) cited in the PIJ may be approved by the QAR for cogent reasons. 

The contractor shall make no changes in the approved PIJ document without submitting a written request detailing 

the change and receiving written approval from the QAR. In the event the contractor and the QAR cannot agree on 

any detail of the content of the document, the QAR shall refer the conflict to the contracting officer for resolution. 

 

E-2-H. Traceability Requirements and Examination 

The ration assembler shall maintain records identifying the menu components used in packing and assembling 

each end item lot. These records shall maintain traceability of components to the extent that a lot and contract 

number of a component can be traced to an assembled end item lot. The system should also enable the assembler to 

list component contract numbers and lots within a particular end item lot. The assembled end item lot, usually one 

day's production, shall be clearly identified on the exterior of each case. In addition, the ration assembler shall 

maintain records of when and where assembled end item lots for a particular assembly contract have been shipped. 

The ration assembler shall provide the AVI (Army Veterinary Inspector) with a copy of the lot traceability records 

prior to shipment of each assembled lot. The following non-food items are exempt from traceability requirements: 

hand cleaner, matches, spoons and toilet tissue. 

The purpose of the above, is to maintain traceability of a component lot through the assembly operation, in depot 

storage and up to the customer's receipt of the MORE ration. This is necessary in the event of a recall/

ALFOODACT for DLA Troop Support to isolate suspect product in the depot system and to notify customers of 

potentially hazardous product. 

In addition to the manual system described above, the ration assembler shall input traceability data on a daily 
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basis into the computerized program. The ration assembler will input all traceability data daily, and provide a 

hard copy print out to veterinary personnel on a daily basis. 

Each lot of assembled rations shall be examined to determine compliance with lot traceability requirements prior to 

shipment. The examination shall be accomplished by using the same sampling plan and samples examined under 

Section E, paragraph C. (1) Assembled food packet examination of the applicable version of ACR-F-002. AQLs are 

not applicable for the traceability examination. The component lot numbers are recorded from the samples and 

compared against the lot traceability records provided by the assembler. A defective component lot number is a code 

which does not correlate with traceability records. Missing or illegible component lot numbers are not to be scored 

as defects unless there is reason to believe that the component represents a lot other than a lot listed by the 

traceability records. The finding of any defect will be cause for rejection of the lot. 

E-2-I. Assembly of Mixed Code Lots 

Mixed lots are small quantities of components representing different lots. These lots may be received from CFM 

suppliers and/or may include component material from the salvage operation or other sources that has been 

determined to be conforming and authorized for use in assembly. Unit loads containing mixed code lots, shall be 

identified as such by the use of unit load marking panels. The unit load marking panels shall list all the lots 

contained on the pallet; they shall be affixed to two sides of the unit load. The assembly contractor may periodically 

assemble the mixed lots into one lot. Mixed lot components shall be exhausted by assembling them into a final lot at 

least once every quarter but may be assembled into two consecutive production days if not more than once a month. 

For the purpose of precluding residual mixed lot components, all mixed lots components in-house prior to the final 

week of scheduling assembly production, shall be used in final assemblies delivered under this contract. 

 

E-2-J. When the original lot of a component is still available at the assembly plant, components, including 

inspection samples, will be returned to their original lot for assembly into MORE finals.

E-2-K. Receipt Inspection 

In addition to the origin inspection specified above, the supplies delivered shall be subject to receipt 

inspection at destination in accordance with the following criteria: 

All items delivered (bulk or packaged) shall be receipt inspected in accordance with the assembler's receipt 

inspection program as outlined in the assembler's Quality Systems Plan (QSP). The contractor's receipt inspection 

program will be verified by the U. S. Army Veterinary Inspection (AVI) personnel at the assembly plant. Receipt 

inspection must include examination for the presence of internal infestation, foreign material, and contamination. 

Any evidence of insect or rodent infestation, foreign material, or contamination shall be cause for rejection of the 

entire production lot. Any receipt inspection failure applicable to a particular production lot shall be considered to 

be representative of the entire production lot and shall be cause for rejection of the entire production lot. 

Receipt examinations for pouch integrity shall be performed in accordance with origin pouch examination criteria 

for each operational ration component lot number representing a production lot of product packaged in accordance 

with MIL-PRF-44073. Samples for receipt inspection (ex. 200 samples items packaged in accordance with MILPRF-44073) shall be selected throughout the lot at the destination point (applicable for entire lots or split lots). 

Mixed code lots will be considered as a single lot. Receipt inspection for pouch integrity of entire production lots or 

split lots from the origin producer to their own assembly plant located within the same state should be performed at 

their option or performed in accordance with the assembler's QSP. 

Grand lotting of more than one production lot of homogeneous components within a shipment for the purpose 

of receipt inspection may be performed, except for pouch integrity as cited above. There will be no grand lotting 

of items packaged in accordance with MIL-PRF-44073 for pouch integrity inspection. When a total shipment is 

inspected as a single lot, the identity of the items must be maintained and samples must be drawn from each lot 

in proportion to its size. Homogeneous components are defined as follows: items procured by identical prime 

documents (identical PCRs, Commercial Item Descriptions). 
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The reliability of the contractor's receipt inspection system will be determined by the AVI in accordance with 

paragraph "Reliability Conditions" cited in the assembly solicitation. However, the frequency of verification of the 

contractor's receipt inspections will remain at the discretion of the Government. 

 

E-2-L. In the event the assembler is also a manufacturer of the MORE component(s), the requirements of 

paragraphs E-1, E-2, E-3, E-4, and E-5 are required, where applicable, to components being manufactured.

E-2-M. Subcontracts 

(1.) The contractor agrees that the Government shall have the right to perform a source inspection of components 

to be used in the manufacture of the supplies covered herein whenever the contracting officer deems such an 

inspection appropriate; where source inspection requires the additional consent to inspection from subcontractor, 

the contractor agrees to obtain such consent. 

(2.) In addition to obtaining consent to inspection from subcontractors, the prime contractor agrees to stipulate the 

applicable inspection provisions cited in paragraphs E-1, E-2, E-3, E-4, and E-5 as requirements in the contract(s) 

with the subcontractor(s). 

(3.) The prime contractor shall furnish, with his offer, a written certificate to the contracting officer as to the name of 

the subcontractor(s) utilized, including location and item procured. This includes the suppliers of the flameless ration 

heaters and packaging and packing materials requiring source inspection by the DCMA Quality Assurance 

Representatives. In the event the listing needs to be revised after award is made, the prime contractor shall furnish a 

revised listing to the Contracting Officer. 

(4.) The prime contractor shall be responsible for the performance of all subcontractors. The prime contractor shall 

impose the responsibility for quality control, inspection, and providing inspection records on subcontractors, as 

required to insure compliance with specifications and conformance to contract requirements. Such inspections shall 

be accomplished by contractors, subcontractors, or when required by the applicable federal inspection agency at 

contractor or subcontractor expense. 

(5.) To enable the contracting officer to make a determination of responsibility, each offeror must furnish with his 

offer the name and address of each subcontractor from whom it proposes to obtain the component(s). 

 

E-3. Quality Assurance Requirements for Ration Assembler, Ration Component Production Plants and 

Ration Sub Assembly and Assembly Plants. 

 

E-3-A. For food items packaged and/or processed in accordance with MIL-PRF-44073, and procured as contractor 

furnished material (CFM) components, when the manufacturer/packager is the prime contractor (assembler) or a 

subcontractor, origin inspection shall be contractor paid USDA-AMS inspection in accordance with Provision 9023, 

unless otherwise specified by this solicitation/contract. The regulations, policies, AIM 1/ manuals, etc. of the 

respective agency are applicable to the contract in conjunction with the quality assurance requirements of the 

contract. Optional contractor testing provided by Provision 9024 is applicable unless otherwise specified by this 

solicitation/contract. When permitted by the applicable food component specification, a Certificate of Conformance 

(COC) for ingredients shall be provided in accordance with FAR 52.246-15.

 

1/ Administrative, Inspection, and Management (AIM) System of instructional manuals

 

E-3-A-1. Quality Assurance Provisions for MIL-PRF-44073, Packaging of Food in Flexible Pouches. 

 

The following procedures for sampling and inspection shall also be applied when an end-item's filled and sealed 

pouch examination is required to be performed in accordance with paragraph 4.3, “Examination of pouch”, of 

MIL- PRF-44073. These procedures shall be applied to inspection results where critical defects are a determining 

factor in the rejection of a lot. 

Change in severity of inspection shall be based on the critical defect category and determined by component 

type, regardless of lot size. For Normal inspection the sample size shall be 200 sample units and for Tightened 
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inspection 315 sample units examined for critical defects and the finding of any critical defect shall be cause for 

rejection of the lot. Normal inspection will be used at the start of inspection. Normal inspection shall continue 

unchanged for the critical category of defects on successive lots except where the procedures given in ANSI/ASQ 

Z1.4, Sampling Procedures and Tables for Inspection by Attributes, require a change in the severity of the 

inspection, from Normal to Tightened. The procedures given in ANSI/ASQ Z1.4 shall be used to switch severity of 

inspection. There will be no “reduced” inspection option. The Government has the right to discontinue Government 

inspection as cited in ANSI/ ASQ Z1.4 or the MPC clause or both. 

1. The Government QAR will notify the contractor of a change in the severity of inspection as a result of 

Government origin inspections. The contractor is required to perform inspections which provide the same risk 

(equal or better) as those performed by the Government (ex: the contractor must select for end item examination, as 

a minimum, the same number of samples selected by the Government for end item inspection). 

Upon notification by the Government QAR of change of severity of inspection from Normal to Tightened, the 

contractor shall submit a corrective action plan to the Government QAR and the Contracting Officer. Government 

QAR will withhold inspection of lots produced after notification until corrective action plan is received and 

approved. The corrective action plan shall contain, as a minimum, the following: 

A. Root cause of the deficiency. 

B. Action taken to correct the deficiency. 

C. Action taken to correct and prevent recurrence of root cause of deficiency. 

D. Corrective action effectivity date(s). 

E. Contractor, subcontractor, or supplier representative responsible for 

implementing corrective action. 

As authorized by the Contracting Officer. Discontinuation of inspection may be invoked by the Contracting 

Officer when there is a pending action against a contractor to improve the quality of the submitted product/material, 

a contractor fails to submit a corrective action plan, and/or a corrective action plan is not effective in correcting or 

in preventing recurrence of root cause of the deficiency. 

In addition to the above, the Contracting Officer, at his discretion, may invoke increased inspection for 

critical defects at origin and/or destination when determined to be in the best interest of the Government. 

 

E-3-A-2. Additional Requirements for food items packaged in accordance with MIL-PRF-44073 - 

Commercial Sterility 

 

Thermally processed, high-pressure processed, and hot-filled pouches shall be free of swelling or 

microbial activity when tested in accordance with the following commercial sterility test. 

Commercial sterility test. Incubate filled, sealed and processed pouches as follows: 

Meat, poultry, fish, vegetables, and puddings: Incubate at 95oF + 5oF for 10 days, unless otherwise specified by 

the inspection agency. 2/

Fruit: Incubate at 80oF + 5oF for 10 days. 2/

2/ Select a minimum of one pouch from each retort load. Select pouches from different areas within the retort. For a continuous process, an 

inspection level of S-3 shall be used to establish sample size. 

 

E-3-B. Quality Assurance Provisions and Packaging Requirements for Other Food Components 

For other food components, when the finished product packager is the prime contractor (assembler) or a 

subcontractor, origin conformance inspection shall be contractor paid USDA,AMS,FV,PPB inspection in 

accordance with Provision 9023, except as specified in E-2-F and except for the following items: candy and 

chocolate confections, hot sauce, chewing gum, salt, coffee (CID-AA-20184), and sugar. Optional contractor 

testing is provided by the alternate inspection requirements Provision 9024 When permitted by the applicable food 

component specification, a Certificate of Conformance (CoC) for ingredients shall be provided in accordance with 

FAR 52.246-15. Compliance with applicable product and packaging requirements will be determined by the 

contractor and by the GQAR in accordance with the applicable provisions in the PCR, CID, MIL-document, 

solicitation, contract, and purchase order and their applicable Quality Assurance Provisions and Packaging 
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Requirements. For products procured using both CID and PKG&QAP specifications, the applicable analytical 

and microbiological requirements, procedures, and testing requirements are specified in the product's 

PKG&QAP specification unless elsewhere superseded by this document. 

 

Regardless of the Government agency designated cognizance for the support of the Government's quality 

assurance requirements at the supplier's production/assembly facility, a USDA laboratory will perform all 

Government testing. 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 USDA laboratory. 

 

E-3-C. Quality Assurance Requirements for Bulk Packed CFM Accessory Items, Bulk Packed CFM Food 

Items, and Bulk Packed CFM Non-Food Items. 

When the above items are procured as CFM, verification inspection by the Government may be performed 

at destination in accordance with origin requirements or the contractors QSP receipt inspection provisions and to 

include, at a minimum, an inspection for count, condition, and identity, the presence of any internal infestation or 

the presence of foreign material. In addition, the Government may inspect the manufacturer's product at destination 

by comparison with samples of the manufacturer's product selected from commercial distribution channels. 

The supplies or services furnished under the contract shall be covered by the most favorable commercial 

warranties the contractor gives to any customer for such supplies or services and the rights and remedies 

provided therein are in addition to and do not limit any rights afforded to the Government by the Supply 

Warranty Clause 52.246-17. 

Bulk packed, as used in this paragraph, means packed and sealed in shipping containers prior to finished product 

packaging. 

 

E-3-D. Additional Sanitary Conditions Requirement for Dairy 

For dairy component powders and freeze dehydrated dairy products (cocoa beverages, dairy shakes, puddings, 

flavored coffees, non-dairy creamer, granolas with milk and fruit, ice cream sandwiches, etc), all processing and 

packaging plant(s) and all plants providing dairy ingredients to the dairy processing plant(s) must be listed in the 

“Worldwide Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement”, published by 

the 

U.S. Army Public Health Center (PHC) as cited in paragraph (1) of Provision 9044 SANITARY CONDITIONS, in 

section E, as used in this solicitation. Suppliers also agree to inform the contracting officer immediately upon 

notification that a manufacturing plant is no longer sanitarily approved and/or delisted from another agency's listing, 

as indicated in paragraph (2) of Provision 9044 in Section E. The contracting officer will also be notified when 

sanitary approval is regained and listing is reinstated. 

 

E-3-E. End Item Testing. Compliance with applicable food component specification requirements will be 

determined by the contractor and by the GQAR on the finished product in accordance with the applicable 

provisions in the food component specification, solicitation, contract, and purchase order and their applicable 

Packaging Requirements and Quality Assurance Provisions specifications. Regardless of the Government agency 

designated cognizance for the support of the Government's quality assurance requirements at the supplier's 

production/assembly facility, unless otherwise directed by the contracting officer, a USDA laboratory will perform 

all Government conformance testing. 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 USDA laboratory.

 
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E-4. Quality Assurance Requirements for Ration Assembler, Ration Component Production Plants and 

Ration Sub Assembly and Assembly Plants. 

E-4-A. 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 52.246-15. The Government QAR shall have the 

responsibility for verifying COC's as necessary. Any inspections required by the specifications may be performed 

by the Government to assure compliance with the specifications. FAR 52.246-15 shall also apply to bond strength 

tests on retort pouches. 

E-4-B. General Inspection (Examination/Testing) Requirements 

(A.) When contractor determines as a result of his inspection(s) or QSP, or is informed by the QAR as a result of 

verification inspection, that the supplies do not conform to contractual requirements, he has the following 

alternatives: 

1. Produce and inspect a new lot. 

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 

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. 

 

(B.) The contractor may petition the Government (through the Contracting Officer) for skip lot or a reduction in 

verification inspection at such time that the contractor believes his quality program is fully acceptable and 

reliable. There will be no "skip lot" or "reduced" inspection option for critical defects.

 

E-4-C. Government verification inspection and testing (conducted by the GQAR or Government laboratory) 

shall be withheld, at a minimum, until the contractor's completed inspection results are presented to the 

Government's Quality Assurance Representative (GQAR). Unless otherwise authorized, in writing, by the 

contracting officer, the GQAR and/or Government laboratory shall not perform Government verification inspection/

testing unless the contractor's lot submittal package (inspection/test results-including analytical testing) provided to 

the GQAR indicates conformance to ALL contractual requirements

E-4-D. Operational Ration Component Lot Number and Lot Inspection 

The component lot number for thermally processed (retorted), high-pressure processed, and hot-filled 

products packaged in flexible pouches shall be defined as the Julian lot number assigned at the origin manufacturer's 

plant and the inspection lot shall include only product produced in one work-shift. For products packaged in tray 

pack containers (metal/poly) and other products (including the FRH and final assembled lots), a lot number is 
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defined as the quantity of finished product produced/assembled within a production day (Julian date) and the 

inspection lot shall include product produced in no more than one production/assembly day. The Government QAR 

reserves the right to separate an inspection lot into smaller inspection lots. The Sample for Government and 

contractor's end item lot inspection may be drawn after all units comprising the lot have been produced or samples 

may be drawn during production of the lot. If stratified sampling is utilized (drawing sub-samples from each sub-lot/

sub-code during production of the lot), the sub-samples must be drawn at random from the sub-lot and not inspected 

until all the sub- samples are combined to make-up the complete sample for the applicable lot size (the formation of 

the lot and lot size is defined as the manner in which the lot is to be presented for Government end item inspection). 

E-4-E. Periodic Review Samples 

All food components that are inspected by USDA-AMS will be subject to periodic review sampling and 

examination/ testing during contract production in accordance with the following criteria: For each calendar month 

of production, the USDA-AMS inspector will randomly select twelve sample units from a conforming lot of each 

item (i.e., each type, flavor, etc.) produced and inspected for product examination by USDA-AMS. As instructed by 

DLA Troop Support, the USDA-AMS inspector shall ship nine of the samples, at the contractor's expense, to the 

addresses below, once per month. 

 

Six samples selected by USDA-AMS will be sent to: 

 

CHIEF, CONTRACT SERVICES BRANCH 

USDA, AMS, SCP,SCI DIVISION 

1400 INDEPENDENCE AVE. SW 

ROOM 0726, SOUTH BLDG 

WASHINGTON, DC 20250-0247 

 

POC: (202) 720-5021 

 

Three samples selected by USDA-AMS will be sent to: 

DEPARTMENT OF THE ARMY 

FCDD-SCC-EMR 

COMBAT CAPABILITIES COMMAND - SOLDIER CENTER 

10 GENERAL GREENE AVENUE 

NATICK, MA 01760 

POC: (508) 233-5037 

The USDA/AMS inspector shall retain three samples for standby use, and return them to the contractor if not 

needed. 

 

E-4-F. Alternative Skip-Lot End-Item Inspection Requirements for Government End-Item Verification 

Inspections for Operational Rations. 

The “Procedures for Alternative Skip-Lot End Item Inspection Requirements for Government End-Item 

Verification Inspections for Operational Rations”, dated March 2001, are applicable to current and future contracts. 

The switching procedures cited in ANSI/ASQ Z1.4, Sampling Procedures and Tables for Inspection and Attributes 

shall not be used for Government verification inspections. For products requiring a drained weight examination, the 

following is also required: The contractor shall provide the Government Quality Assurance Representative (GQAR) 

a copy of the current production standard (PDM/First Article) formula (including ratios of ingredients), and 

formulation records for each production lot submitted for Government end item verification inspection. The GQAR 

shall initiate skip-lot inspection based on Government verification inspections results of each product and 

notification that the contractor's Quality System Plan (QSP) was rated acceptable by DLA Troop Support - FTSB. 

The Government verification inspection may be further decreased (e.g., skip-lot inspection frequency 1 in 6, 1 in 10, 

etc.) by the Contracting Officer if he/she determines that this is in the best interest of the Government or he/she may 
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discontinue skip-lot inspection for Government verification inspection if it is determined that skip lot is not in the 

best Interest of the Government. 

 

The sampling plans switching procedures cited in ANSI/ASQ Z1.4, Sampling Procedures and Tables for Inspection 

and Attributes, are authorized to be used only by the contractors during the performance of contractor's end item 

verification inspections. Producers using the switching procedures, cited in ANSI/ASQ Z1.4, during the 

performance of their end item inspections must train personnel and follow all of the switching rules cited in the 

standard. As indicated in the standard, the sampling scheme is a combination of sampling plans with switching 

procedures, and each sampling plan has its own set of rules by which a lot is to be inspected and accepted or 

rejected. Samples may be drawn after all units comprising the lot have been produced or samples may be drawn 

during production of the lot. However, for those contractors that are using stratified sampling (drawing subsamples 

from each sublot during production of the lot), the subsamples must be drawn at random from the sublot and not 

inspected until all the subsamples are combined to make-up the complete sample for the applicable lot size (the 

formation of the lot and lot size is defined as the manner in which the lot is to be presented for Government end 

item verification inspection in accordance with paragraph “Operational Ration Component Lot Numbers”). All 

other inspection procedures must be reviewed by the GQAR, included in the QSP, and approved by the Contracting 

Officer. The producer's end item verification inspection results must be well documented and the GQAR must be 

informed in advance of the specific switching procedure (normal, tightened, reduced) being utilized for each 

product qualified under the standard. 

 

E-4-G. Rework Of Nonconforming Product Pre or Post Acceptance 

Rework of Nonconforming Product: The Government QAR must be informed and provided documentation of all 

rework results when product is presented for Government verification inspection or prior to Government inspection as 

indicated below.

 

A. Corrective Action (Rework/Screen Inspections) Taken Prior to Government Inspection (Receipt, InProcess and End-Item Inspections): Unless otherwise specified below, all reworks and screening inspections 

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

Although the GQAR 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.

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 QSP 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. If the Contracting Officer approves the waiver request for a specific requirement, the 

written waiver approval shall be provided to the GQAR when the supplies are presented for Government 

Verification Inspection (the skip-lot inspection does not apply in this case). The GQAR shall only inspect the 

supplies for compliance with all requirements of the contract, except the waived requirement. The Contracting 

Officer, in special circumstances, may request nonconforming supplies to be inspected by the GQAR, after the 

waiver for the nonconforming requirement has been provisionally approved, to determine severity of 

nonconformance only. Due to the type of statistical sampling cited in the contract, under no circumstances shall a lot 

found nonconforming by the contractor be inspected by the GQAR to determine conformance to a requirement that 

has previously been established as nonconforming by the contractor's inspection. 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. The Following Reworks Must Be Coordinated with the Supervisory GQAR and, As Required, Approved 

by the Applicable DLA Troop Support-FTRC Office. 

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

(a) 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. 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. 
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2. Food Safety and Foreign Material: 

(a) All corrective actions performed on product due to foreign material and/or processed/ unprocessed 

container mix-ups must be approved by FTR. FTR approval may be accomplished by means of one the two 

following methods, the methods being subject to change as determined by the contracting officer to be necessary for 

determining FTR approval: 

 

METHOD 1:

All corrective actions performed on product due to foreign material and/or processed/ unprocessed container mixups shall be submitted by the contractor to the GQAR for review and acceptability determination. This requirement 

only applies to contractor facilities that are producing product and/or placing food product into finished component 

packaging. 

 

If the GQAR determines that the corrective action plan is acceptable, the contractor shall submit a “foreign material 

notification” or “unprocessed container notification” to FTR, prior to offering the lot for Government inspection. 

The notification shall include the corrective action plan, the GQAR's recommendation pertaining to the plan, and 

supporting documentation. FTR shall issue written authorization for offer of the lot for Government inspection. 

 

If the GQAR determines that the correction actions are not acceptable and GQAR and the contractor cannot 

agree to an alternate plan for remediation, the contractor shall submit a corrective action/remediation plan and 

supporting documentation to FTR for resolution. 

 

Standard rework procedures (SRP) for specific foreign material situations may be addressed under the contractor's 

documented QSP, Section XII - Corrective and Preventive Action Program. (see E-4-G.B.6.). SRP's shall only be 

submitted to DLA for foreign material inherent to a specific food product or ingredient. Screws, plastic pieces, 

bandages, metal fragments, glass, etc., are not inherent to ingredients used in food products and a SRP for these types 

of foreign material shall not be submitted to DLA for consideration and approval. SRPs submitted to DLA for review 

and approval shall have a title beginning with “Standard Rework Procedure for...”. SRPs may be referenced, as 

applicable, in the corrective action plan that the contractor provides for a specific instance (along with any relevant 

specific details). 

 

All preventive and corrective actions documented by, proposed by, and conducted by the contractor shall conform 

to the regulations promulgated by the applicable regulatory agency (FDA, USDA-FSIS, USDC). When a 

contractor is required by regulation to notify a regulatory agency regarding foreign material and/or processed/

unprocessed container mix ups, it shall be the responsibility of the contractor to present to the GQAR and DLA 

verification of conformance to the applicable agency's regulations. 

 

In all cases, it is recommended that the GQAR be notified by the contractor as soon as possible if and when 

incidents involving the finding by the contractor of foreign material in product and/or product ingredients. 

 

METHOD 2:

The contractor shall submit a corrective action plan and supporting documentation to FTR for resolution. 

 

Standard rework procedures (SRP) for specific foreign material situations may be addressed under the contractor's 

documented QSP, Section XII - Corrective and Preventive Action Program. (see E-4-G.B.6.). SRPs may be 

referenced, as applicable, in the corrective action plan that the contractor provides for a specific instance (along 

with any relevant specific details). 

 

All preventive and corrective actions documented by, proposed by, and conducted by the contractor shall conform 

to the regulations promulgated by the applicable regulatory agency (FDA, USDA-FSIS, USDC). When a 

contractor is required by regulation to notify a regulatory agency regarding foreign material and/or processed/ 

unprocessed container mix ups, it shall be the responsibility of the contractor to present to the GQAR and to DLA 

verification of conformance to the applicable agency's regulations. 
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In all cases, it is recommended that the GQAR be notified as soon as possible if and when incidents involving 

the finding by the contractor of foreign material in product and/or product ingredients. 

 

(b) The GQAR shall be notified, and documentation provided, when any finished product intended (or initially 

intended) to be offered to the Government has been produced using a bulk product or ingredient product lot(s) (or 

portion thereof) that has, at any time, been identified as containing or having contained foreign material. This 

requirement only applies to contractor facilities that are producing product and/or placing food product into finished 

component packaging. The documentation shall identify the foreign material and all corrective actions taken to 

render the bulk/ingredient product serviceable, including, but not limited to segregation and removal of portions of 

the bulk/ingredient product. The GQAR shall determine if the corrective actions taken render the bulk/ingredient 

product serviceable. If the GQAR agrees that the corrective actions taken render the bulk/ingredient product 

serviceable, the contractor shall submit a notification, to include the corrective action plan and supporting 

documentation, to FTR prior to offering any related finished product lots for Government inspection. 

 

When the GQAR determines that the actions taken by contractor to render the bulk/ingredient product to be 

serviceable, but do not render the bulk/ingredient product to be serviceable and an alternate plan for remediation 

cannot be agreed upon by the GQAR and the contractor, the contractor shall submit a corrective action plan and 

supporting documentation to FTR for resolution. 

 

Standard rework procedures (SRP) for specific foreign material situations may be addressed under the contractor's 

documented QSP Section XII - Corrective and Preventive Action Program (see E-4-G, B, 6). SRP's shall only be 

submitted to DLA for foreign material inherent to a specific food product or ingredient. Screws, washers, plastic 

pieces, bandages, metal fragments, glass, etc., are not inherent to ingredients used in food products and a SRP for 

these types of foreign material shall not be submitted to DLA for consideration and approval. SRPs submitted to 

DLA for review and approval shall have a title beginning with “Standard Rework Procedure for...”. These SRPs 

may be referenced, as applicable, in the corrective action plan that the contractor provides for a specific instance 

(along with any relevant specific details). 

 

All preventive and corrective actions documented by, proposed by, and conducted by the contractor shall conform 

to the regulations promulgated by the applicable regulatory agency (FDA, USDA-FSIS, USDC). When a 

contractor is required by regulation to notify a regulatory agency regarding foreign material and/or processed/ 

unprocessed container mix ups, it shall be the responsibility of the contractor to present to the GQAR and to DLA 

verification of conformance to the applicable agency's regulations. 

 

In all cases, it is recommended that the GQAR be notified as soon as possible if and when incidents involving 

the finding by the contractor of foreign material in product and/or product ingredients. 

 

(c) Thermal process deviations or deviations from the preparation, formulation or critical factors cited in the 

approved process schedule must be accompanied by a detailed letter from the plant's Processing Authority. The 

involved subcode(s), the deviation, and the disposition of the product shall be clearly identified when the complete 

lot is presented for Government end item verification inspection. If the contractor fails to provide enough 

information/ data in the case of a deviation, the GQAR shall contact FTRC for approval to proceed with the 

Government end item verification inspection. 

(d) Retesting/reinspection/rework of product that tested positive for food borne pathogens is not authorized. 

(e) These requirements are in addition to applicable Code of Federal Regulations or other 

regulatory requirements (USDA-FSIS, FDA). NOTE: Deviations (that occur during or prior to the production of a product) from specific preparation/ formulation/ 

ingredient requirements cited in the specifications shall be submitted as a request for product deviation through the 

applicable contracting officer for the coordination with and the approval of the Specification Preparing Activity 

(Natick).

 3. Container Integrity Defects: All reworks due to container integrity defects (critical defects only) noted 
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during the producer's end item inspection, the Government's final lot end item verification inspection, the 

Government's or assembler's receipt inspection, or noted when the established action number/level (as cited in the 

contractor's QSP) is exceeded during the in-process assembly operation must be approved by the applicable 

contracting officer, unless a 100% container rework of the entire lot is conducted at source or at the assembler. All 

containers exhibiting the same or other container integrity defects must be removed during the 100% container 

rework and noted on the rework paperwork. Reworked lots will be inspected or re-inspected, as applicable, by the 

GQAR at the location of the rework using the next larger sample size (for example, from 200 samples to 315, or if a 

second rework, from 315 samples to 500 samples). Rework results must be included with other paperwork when the 

lot is presented for Government end item verification inspection. 

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

officer. 

 

 5. Nonconformances Noted During Government Inspection for End Item Compliance: All rework 

requests submitted for defects noted during Government inspection for end item compliance must be approved by 

the applicable contracting officer, unless exempted under paragraph 3 above.

6. For reworks requiring the Government's approval, the contractor may submit a standard rework procedure 

(SRP), for certain defects, under the contractor's documented QSP section XII - Corrective and Preventive 

Action Program. The SRPs must be specific and these must be evaluated by DLA Troop Support-FTRC, FTSB, 

and approved by the applicable contracting officer.

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

days from date of initial rejection.

8. 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 section E-4-H, “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 GQAR. Corrective actions taken to ensure 

compliance with the contractual requirements prior to the Government end item verification inspection will 

not be counted against the contractor's quality history. If product is found conforming during the Government 

end item verification inspection, the corrective action will be determined to have been effective.

2. If product is found nonconforming during the Government end item verification 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. In addition to 

any action taken, the contractor must reevaluate their documented QSP and/or the implemented corrective and 

preventive action program by an internal audit and results

must be submitted to FTSB (Quality Systems Auditors). All corrective actions (rework/screening inspections, 

etc.) taken by the contractor due to a Government end item verification inspection rejection will be 

documented, by the contractor, in the contractor's quality history records.

 

E-4-H. Request for Rework, Request for Waiver, Request for Deviation, or Request for Reinspection of 

Nonconforming Supplies 

(A.) When the requirements cited in the section of this solicitation 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 and cognizant Government QAR, that request shall at a minimum contain 

the following: 

1. Contractor's name and address. 

2. Contract number, lot number(s), and quantities (quantity per case, cases per pallet and number of pallets). 

3. Item nomenclature and NSN, whether a component or end item. 

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

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-4-I. Reliability Conditions 

(A.) The Government may perform verification inspection (examination, testing or both) to assure that the 

inspection performed or certificates furnished by the contractor are reliable. Initially, the amount of verification 

inspection may equal the amount of inspection performed by the contractor. It is the intent of the Government to be 

able to rely on the contractor so that the amount of verification may be reduced accordingly. In the event the 

Government determines by means of verification inspection, surveillance of the contractor's inspection activity, or 

the submission by the contractor to the Government of nonconforming supplies that the contractor's inspection 

results or certificates from any plant are not reliable, the Government reserves the right to increase the rate or 

amount of verification inspection to and including full lot-by-lot inspection and to charge the contractor for the costs 

incurred for any or all Government examinations and tests performed on supplies from the plant/plants determined 

to be unreliable after such time as the contractor is advised in writing of the particular inspection concerning which 

his unreliability is established. In addition, the Government reserves the right to sample and inspect for compliance 

with contract requirements all supplies produced for the Government remaining in the contractor's facilities at the 
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time of notification in an other than reliable status, even though said supplies may have been produced prior to 

receipt of notification. It is to be especially noted that the Government is contracting for a complete and reliable 

inspection system as well as a product conforming to all requirements of the contractual document(s). When any 

element of the contractor inspection system (a particular test or examination of the end item or component) has been 

determined to be unreliable, the Government reserves the right to consider the inspection system as a whole 

unreliable, and to return to full lot-by-lot verification (and charge therefore) for each and every examination and 

test. Examination and testing by the Government and charges to the contractor will continue until such time as the 

contractor's reliability is again established to the satisfaction of the Contracting Officer. Evaluation of contractor's 

examination results and review of test results will be accomplished by the Government Quality Assurance 

Representative (GQAR). Final evaluation of contractor's test results will be accomplished by the applicable DLA 

Troop Support Operational Rations Office and DLA Troop Support - FTSB, Subsistence Supplier Operations 

Directorate. 

 

(B.) The GQAR may perform verification inspection on any of the lots presented by the contractor to determine if 

the inspection results reported by the contractor are a reliable indication of product quality. Verification inspection 

results may be compared with product acceptance criteria set forth in the contract and/or with contractor inspection 

results for the purpose of determining if verification inspection performed by the GQAR may be reduced. This 

reduction in Government verification inspection may be effected through less frequent inspection (skip lot/modified 

skip lot), reduced severity of inspection, or both. Contracting Officer's approval must be section obtained before 

switching the degree of inspection severity to reduced inspection even though all criteria have been met. 

(C.) Unless otherwise specified in the contract, verification inspection performed by the GQAR will be in 

accordance with the specification Quality Assurance Provisions regardless of any approved alternative procedures 

employed by the contractor. 

(D.) Unless otherwise specified, when the contractor inspection results have been determined to be unreliable, the 

next determination as to reliability will be made: 

1. For examination characteristics. After the production and examination of not less than three or more than 

five lots. 

2. For test characteristics. After six day's production or after the number of days necessary to produce and test 

six inspection lots, whichever is greater. 

NOTE: During the period the contractor's test system is considered unreliable, supplies will be accepted or rejected 

on the basis of Government laboratory test results. 

3. For Certificate of Conformance. After two inspection lots of component items, except that return to a reliable 

status will be based on conformance of a component item to requirements if inspection results are not submitted 

by the contractor. 

(E.) After a contractor has been notified that his inspection system has been found to be unreliable, the status or 

unreliability will continue until the Government notifies the contractor that a reevaluation has been completed and 

the results indicate that the inspection system is considered as regaining a reliable status. In addition to the 

requirements in the immediately preceding sub-paragraphs (D) 1, 2, or 3, time will be required by the Government 

to review the contractor's results by the evaluators, complete verification inspection, perform statistical analysis, and 

to notify the contractor. The contractor will be charged for costs incurred by the Government for inspecting lots 

(including costs associated with sampling) used for evaluating reestablishment of an acceptable inspection system 

status. 

(F.) Whenever considered necessary as an aid in determining reliability of contractor inspection, the Government will 

determine, by the use of recognized statistical methods, if there is a significant difference between inspection results 

furnished by the contractor and the results of verification inspection. 

(G.) Supplies, which have been found nonconforming by the contractor, may be subjected to special Government 

verification examination of the lot or lots in question. The verification examination results for each such lot so 

selected will be compared with the contractor's results using the lot-by-lot comparability determination procedure 

for reliability only and shall not be used for acceptance or rejection of production lots. 

(H.) In the event the Government elects not to perform verification inspection prior to delivery and acceptance, 
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payment will not be delayed provided the contractor's inspection results indicate the end item and components 

(including packaging, unitization, packing, labeling and marking materials) conform to the specification 

requirements, and further provided that said results are presented in the manner prescribed herein. 

(I.) Normally, verification inspection will be performed on a stationary lot basis, regardless of physical location, 

at any time prior to acceptance. Warehousing charges for labor, reconditioning, and any other such costs incident 

to sampling for examination and/or testing will be borne by the contractor, except when examination is performed 

at a point other than the premises of the contractor, sub-contractor or contractor's freezer or warehouse. 

(J.) Conformance of supplies, or parts thereof, will be determined in accordance with the applicable 

specification tolerances, acceptable quality levels and sampling procedures contained in the contract except 

as provided herein. at destination, the original inspection lots need not be reconstituted. For sampling 

purposes, supplies delivered under the contract may be grouped to form lots. The size of the sample will be 

determined by the sampling procedures specified in the contract for the quantity of supplies on which action 

is proposed. Whenever the contract does not provide criteria to determine the number of sample units, the 

number of containers selected for appropriate number of sample units, the number of containers selected for 

sampling will be the square root of the number of containers in the lot. Frozen product may be inspected for 

determination of compliance with all terms of the contract. If necessary, the product or samples, as 

appropriate, may be defrosted to the extent required to accomplish this inspection. At origin, the contractor 

will employ a procedure for identifying the inspection status of material before, during, and after processing. 

(K.) The contractor's inspection system will be considered unreliable if a statistical comparison of contractor and 

Government inspection results indicates non-comparability. The non-comparable status will serve to notify the 

contractor of the significant disparity between the Government verification results and the contractor's results 

without either result indicating nonconformance. The Contracting Officer and/or GQAR will notify the contractor 

when his inspection system is considered unreliable and change inspection system status to unreliable. The 

Contracting Officer and/or GQAR will notify the contractor of any change in the inspection system status and of all 

reevaluations, whether or not a change in the inspection system is applicable. 

(L.) The contractor's inspection system will be considered unreliable when the Government inspection results 

indicate nonconforming product and a significant difference is observed between the contractor and verification 

inspection results. The Contracting Officer and/or GQAR will notify the contractor of any change in the 

inspection system status and of all reevaluations, whether or not a change in the inspection system is applicable. 

(M.) Standby inspection samples. The Government reserves the right to withdraw and hold, for inspection 

purposes, standby samples of components or finished products or both. Samples not used will be returned to the 

contractor. (N.) The contractor may be liable for certain inspection costs for examination or tests (for end item or 

components, separately) performed by the Government. 

(O.) When the contractor is liable for costs, as defined by this contract, the following will apply: 

1. The GQAR will notify the contractor in writing when the contractor's inspection system is determined to be 

unreliable. A copy of this letter containing the reason(s) for such determination will be forwarded through the 

appropriate CQAE(s) to the PCO(s). During the period of unreliability, the GQAR will submit weekly reports of 

applicable inspection costs, including travel expenses, through the CQAE(s) to the PCO(s) for review and 

collection. Inspection costs will be computed at the currently authorized hourly rate. Hours will be computed based 

on total hours for all inspectors used to perform inspection (i.e., three inspectors at three hours each = nine hours 

total). Actual travel expenses will be determined in accordance with applicable travel regulations. Upon 

reestablishment of reliability the GQAR will notify the contractor in writing and submit a copy of this letter, along 

with a final report of examination costs, through the CQAE(s) to the PCO(s). The contractor may appeal the 

assessment of examination costs in writing to the PCO stating full justification to refuse these costs. The PCO will 

provide a written decision on the appeal to the contractor. Assessment of examination costs will be based upon the 

dates of GQAR notification to the contractor. 

2. The contracting officer will notify the contractor in writing when the contractor's test system is determined to 

be unreliable. The GQAR and the DLA Troop Support Quality Assurance will report applicable costs/charges 

related to Government sampling and testing to the contracting officer for collection. 

3. Costs devoted to actual travel time will be computed at the current authorized hourly rate, computed to 
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the nearest quarterly hour increment. 

4. Laboratory testing costs will be assessed at cost. 

5. Warehouse cost. Warehouse labor costs as reported by destination will be assessed at cost. 

6. Miscellaneous expenses. Related expenses which can be reasonably computed will be assessed at actual cost. 

7. In addition, the contractor shall be liable for Government costs (i.e., man- hours, travel, per diem, 

administration, etc.) incurred as a result of the failure of the contractor to notify the inspection service of change(s) 

in production schedule. Costs will be computed and reported by the GQAR as detailed above. 

E-5. Provisions 

 

Provision 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). 

 

Provision 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. 

 

Provision 9023 GENERAL INSPECTION REQUIREMENTS (AUG 2017) 

(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 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. 
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(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. When the collection of insects is 

required, the Contractor shall be responsible for supplying and installing specified insect monitoring devices 

required to accomplish this task. 

(b) Standby test samples. The Government reserves the right to withdraw and hold standby samples of components 

or finished products or both (the quantity of which shall be not more than twice that required by the specification) for 

inspection purposes. Samples not used will be returned to the Contractor. 

(c) USDA and USDC certificates. Procedures for preparation and distribution of certificates shall be in 

accordance with the regulations, file codes, instructional manuals, etc., of the respective inspection agency. 

 

Provision 9024 ALTERNATIVE INSPECTION REQUIREMENTS FOR SELECTED ITEMS (DEC 2019) 

 

(a) Optional Contractor Testing. 

To expedite shipment, the Contractor has the option to perform, or have performed by an independent laboratory, 

contractually-required tests of end items or component material not specified by the U.S. Standards of Grade. The 

inspector for the Government agency having jurisdiction over ascertaining compliance may permit shipment, 

provided all other requirements of the contract are met. The designated Government inspector will select random 

samples of each lot of end items or component material for verification testing until the Contractor's testing system 

is determined reliable in accordance with paragraph (c) of this clause. It is the intent of the Government to rely on 

Contractor test results to the maximum extent practicable and minimize Government verification testing. 

 

(b) Compliance of Product. 

Acceptance of material as complying with required characteristics shall be based on the Contractor's test results; 

provided that Government verification indicates the Contractor's testing system is reliable, in accordance with 

paragraph (c) of this clause, as to each of the required characteristics. If the Contractor's test system is determined 

to be unreliable, product compliance will be determined based solely on Government test results. In the event the 

Government detects any irregularities in the Contractor's testing system, the designated Government inspector may 

withhold approval until Government test results indicate products conform to contract requirements. For 

Operational Rations component items (ex: FSR, MCW, MORE, MRE component items), if Government laboratory 

test results show that product is nonconforming, the product shall be withheld from final assembly and subject to 

return and replacement by the component Contractor, even if previously approved by the Government inspector. 

 

(c) Reliability Conditions. 

(1) The contractor's testing system will be considered reliable as long as its test results are comparable to the 

government test results. Unless the government agency having jurisdiction has inspected the item produced at the 

contractor's plant within the previous 120 days, the inspector will select random samples of the first three lots of end 

items. If the results of these inspections indicate product conformance, the test system will be considered reliable. 

As long as the contractor's testing system is reliable, the government inspector will sample product for verification 

testing on a skip-lot basis. Skip-lot verification is done by random selection of samples from not less than one lot in 

six consecutive lots presented for inspection. The sampling procedure under skip-lot places the succeeding lots not 

chosen for inspection back into the universe available for subsequent inspection. (For instance, starting with a group 

of six lots (i.e., 1-6), one lot is randomly selected for inspection. If lot 4 is selected, the next samples will be selected 

from lots 5, 6, 7, 8, 9, or 10. If lot 8 is selected, the next samples will be selected from lots 9, 10, 11, 12, 13, or 14; 

and so on.) 

(2) Contractor's testing system shall be considered unreliable when (i) the Government verification results 
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indicate product nonconformance to contract requirements; and (ii) a significant disparity exists between 

Government laboratory results and Contractor test results. When a Contractor's testing system is determined to be 

unreliable, compliance testing will revert to the Government, and all items shall be inspected by the Government 

prior to shipment. 

(3) Contractor's testing system will be considered doubtful when (i) a significant disparity exists between 

Government laboratory results and Contractor test results; (ii) the Government test results indicate significantly 

poorer quality than the Contractor's; and (iii) the Government laboratory test results do not indicate product 

nonconformance to a statistically significant degree. When the Contractor's testing system is considered 

doubtful, verification testing will be performed on each lot produced; however, the Government will continue 

to permit the Contractor to ship based on its own test results. 

Contractor testing system reliability will be determined by applying recognized statistical tests to the Contractor's and 

Government's test results. These determinations shall be accomplished by the DLA Troop Support, Directorate of 

Subsistence, 700 Robbins Avenue, Philadelphia, Pennsylvania 19111-5092. 

(5) The Contracting Officer will notify the Contractor of any change in reliability status. Notification will 

include details of the statistical determinations and test results used in reliability studies. 

(d) Procedures. When the Contractor elects to perform testing, the following shall apply: 

(1) Reporting of Contractor's Results. Test reports for each lot of end item and components shall be submitted 

in the format contained in this clause by the Contractor in an original and one copy to the designated Government 

inspector. When requested by DLA Troop Support, the inspector will forward one completed copy to DLA Troop 

Support FTSC. 

(2) Verification Actions. The Government will perform verification testing for food items and component 

material required by the contract to assure that the Contractor's testing results are reliable. Verification samples will 

be accompanied by a DD Form 1222, Request for and Results of Tests. The Government laboratory that performs 

the tests will provide copies of the test results to the Government inspector and, when requested by DLA Troop 

Support, will provide copies of the test results directly to DLA Troop Support FTSC. The Government reserves the 

right to (i) increase the rate or amount of verification testing up to and including full lot-by-lot testing, in the event 

the Contractor does not furnish reliable test results or certificates; or (ii) obtain additional data when significant 

disparities exist between the Contractor's results and the results of the Government laboratory testing. When any 

element of the Contractor testing system is determined unreliable, the Government may consider the testing system 

as a whole unreliable and return to full lot-by-lot verification for every test. Testing by the Government will 

continue until such time as the Contractor's reliability is again established. 

(3) Standby Test Samples. The Government reserves the right to withdraw and hold standby test samples of 

component or finished product or both (the quantity of which shall be the next larger available sample size required 

for unit testing and the same sample size required for composite testing) for inspection purposes. Unused samples 

will be returned to the Contractor. 

(e) Charges Applicable to Unreliable Test Status. The prime Contractor shall be charged the costs of lot-by-lot 

inspection during the period that its testing system is considered unreliable. These charges will be 

processed and approved by the Contracting Officer. 

(f) Format for Contractor/subcontractor test 

report. Name and Address of Contractor: 

Name and Address of Subcontractor: (if 

applicable) Received for Testing: (date) 

Contract Number: 

Sample Tested: (end item or component, indicate by name) 

Quantity Tested 

Applicable Specification 

Identification of Lot: (end item or component lot number, as applicable) 

Quantity in Lot: (units) 

Testing Completed: (date) 

Test Report 

(Report test results for each sample unit tested and the sample average, if required by the specification, and 

identify results obtained from composite samples.) 

(Typed name and title of laboratory official and signature) 
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The following certification shall be affixed to the test report when testing was performed on component items 

by supplier's laboratory or by subcontractor's laboratory. 

 

Certification 

I certify that the above test results were furnished to this firm to cover the testing of samples which are 

representative of the lot, and to the best of my knowledge and belief, have been found to comply with the analytical 

requirements of the specification, 

contract no. Signature: ____________________________ (typed name and title of Contractor's representative who is authorized to sign the certificate, and the date) 

The following certification shall be affixed to the test report when testing was performed on component and/or 

end item by Contractor's laboratory or an independent laboratory. 

Certification 

I certify that the item presented for acceptance under terms of above referenced contract has been tested, as 

required by the contract, through the testing of samples that were representative of the lot, and to the best of my 

knowledge and belief, were found to comply with the analytical requirements of the specification and the contract. 

Signature: 

(typed name and title of Contractor's representative who is authorized to sign the certificate, and the 

date) Distribution: 

(Original and one (1) copy to Government inspector, who will, upon request, forward one (1) copy to DLA 

Troop Support FTSC.) 

 

Provision 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. 

(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 
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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. 

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. 

 

Provision 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. 

Provision 9044 SANITARY CONDITIONS (APR 2014) 

(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 

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 Command (USAPHC ) Circular 40-1, Worldwide Directory 

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

http://phc.amedd.army.mil/topics/foodwater/ca/Pages/ DoDApprovedFoodSources.aspx ). Compliance with the 

current edition of DoD Military Standard 3006A, 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. 

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 by the United States Department of 

Agriculture, Food Safety and Inspection Service (USDA, FSIS), at http://www.fsis.usda.gov/wps/portal/fsis/topics/

inspection/mpi-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 
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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 “List of Plants Operating under USDA 

Poultry and Egg Grading Programs” published by the USDA, Agriculture Marketing Service (AMS) at http://

www. ams.usda.gov/poultry/grading.htm. 

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

Poultry and Egg Product Inspection Directory” published by the USDA FSIS at http://apps.ams.usda.gov/plantbook/

Query_Pages/PlantBook_Query.asp. 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 under 

“U. 

S. Establishments Approved For Sanitation And For Producing USDC Inspected Fishery Products” in the “USDC 

Participants List for Firms, Facilities, and Products”, published electronically by the U.S. Department of 

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

nmfs.noaa.gov). 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 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 by the U.S. Department of 

Health and Human Services, Food and Drug Administration (USDHHS, FDA) at http://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 the USDHHS, FDA at http://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: http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRD3651022) 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 USDHHS, FDA at http://www.fda.gov/food/

guidanceregulation/ federalstatefoodprograms/ucm2006753.htm. 

(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 from 

web site: http://www.apd.army.mil/pdffiles/r40_657.pdf) For the most current listing of exempt plants/products, see 

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

DoDApprovedFoodSources. aspx). 

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 
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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. 

 

Provision 9045 FEDERAL FOOD, DRUG AND COSMETIC ACT-WHOLESALE 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 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. 

Provision 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 
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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-6. FAR Clauses 

 

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

 

x_....Quality Management Requirements Standard ANSI/ISO/ASQ Q9001 2008 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 

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

advanced metrology. 

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

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

 

NOTICE: The following Federal Acquisition Regulation clauses are incorporated by reference:

52.246-2 INSPECTION OF SUPPLIES - FIXED PRICE (AUG 1996) 

52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984) 

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984) 

52.246-17 WARRANTY OF SUPPLIES OF AN UNCOMPLEX NATURE (JUN 

2003) E-7. INSPECTION AND ACCEPTANCE AT ORIGIN (RATION 

ASSEMBLER) 

(a) 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 iRAPT by 

the authorized government representative. 

(b) Resultant awards or contract will contain the name and address of the office responsible for performance 

of inspection. 

(c) Offeror shall indicate below the location where supplies will be inspected: 

Plant: Street: City/State/Zip: 

 

 

 
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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

 

SECTION F - DELIVERIES OR PERFORMANCE

52.211-8 TIME OF DELIVERY (JUN 1997), ALT III (APR 1984) FAR

 

52.211-11 LIQUIDATED DAMAGES - SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (SEP 2000) FAR

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of 

actual damages, pay to the Government liquidated damages of $ per calendar day of delay [Contracting Officer insert amount]. 

(b) If the Government terminates this contract in whole or in part under the Default.Fixed-Price Supply and Service clause, the Contractor is 

liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These 

liquidated damages are in addition to excess costs of repurchase under the Termination clause. 

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the 

fault or negligence of the Contractor as defined in the Default.Fixed-Price Supply and Service clause in this contract. 

(End of clause)

 

52.211-16 VARIATION IN QUANTITY (APR 1984) 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 both line items.* 

(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

 

52.247-60 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 
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Officer's best estimate of the actual transportation costs. If the item shipping costs, based on the actual shipping characteristics, exceed the 

item shipping costs used for evaluation purposes, the Contractor agrees that the contract price shall be reduced by an amount equal to the 

difference between the transportation costs actually incurred, and the costs which would have been incurred if the evaluated shipping 

characteristics had been accurate. 

(1) To be completed by the offeror: 

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

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

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

(iv) Number of items per container each; 

(v) Gross weight of container and contents Lbs; 

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

(vii) Number of containers per pallet/skid ; 

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

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

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

(A) Size of railcar 

(B) Type of railcar 

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

(A) Size of trailer Ft 

(B) Type of trailer 

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

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

(i) Rate used in evaluation ; 

(ii) Tender/Tariff ; 

(iii) Item . 

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

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

and establishing any liability of the successful offeror for increased transportation costs resulting from actual shipping characteristics which 

differ from those used for evaluation in accordance with paragraph (a) of this clause. 

(End of clause)

 

SECTION G - CONTRACT ADMINISTRATION DATA

G-1 Contract Administration: 

 

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 DLA Troop Support, Individual 

Rations Division - FTRC. Contractor's request 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 with an 

information copy to the Administrative Contracting Officer (ACO). 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: 
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See DFAR clause 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 

2018). 

 

 

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1 Replacement of Defective Components 

 

For cases of bulk-packed component items, 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 components, e.g. leaking 

spreads or excessive accessory pack issues, the case shall be removed from the assembly line and upon such 

verification from the Army Vet Inspector (AVI), the entire case shall be considered defective, and placed on hold. 

The Contracting Officer shall be given written notice of the defective product including the name and signature of 

the confirming AVI inspector. The assembler shall include information regarding defective components and 

replacement of such components in its inventory reports. 

 

H-2 Storage of Component Items: 

 

Components will 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 component storage problems or 

concerns regarding proper method. If bulk-packaged components are removed from storage in a frozen condition, 

they shall not be exposed to high temperatures and/or humidity without first being tempered. Tempering shall 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 shall not be removed prior to completing the 

tempering procedure. 

 

H-3 FIFO Requirements: 

 

Components will be utilized in assembly operations on the first-in, first-out (FIFO) basis 

(or oldest manufacturer's date of pack when receipted). A manufacturer's component lot, described by the Julian date 

of pack, shall be completely assembled and exhausted before assembling the next component lot. 

 

H-4 Bulk Component Packaging: 

 

To assure the unwrapped components 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. 

 
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E. Personnel involved in packaging operations will be required to wear head coverings (hat or hair net) and 

beard nets, when appropriate. 

H-5 Subassemblies: 

 

Payment to assemblers will be based upon the number of completed boxes assembled and delivered. 

No compensation will be allowed for subassemblies, which are not incorporated into completed boxes. 

 

H-6 Distribution of Production Progress Reports: 

 

The contractor shall prepare DD Form 375 (Production Progress Report), and DD Form 375C if and 

as required by the Administrative Contracting Officer. 

 

H-7 Force Protection 

 

The DLA Troop Support Subsistence Directorate provides worldwide subsistence logistics support during 

peacetime as well as during regional conflicts, contingency operations, national emergencies and natural disasters. 

At any time, the United States Government, its personnel, resources and interests may be the target of enemy 

aggression to include espionage, sabotage or terrorism. This increased risk requires DLA Troop Support to take 

steps and ensure steps are taken to prevent the deliberate tampering and contamination of subsistence items. As 

the holder of a contract with the Department of Defense, the awardee should be aware of the vital role they play in 

supporting our customers. It is incumbent upon the awardee to take all necessary actions to secure product 

delivered to all military customers as well as any applicable commercial destinations. We strongly recommend all 

firms review their security plans relating to plant security and security of the product in light of the heightened 

threat of terrorism. The contractor will ensure that products and/or packaging have not been tampered or 

contaminated throughout the manufacturing, storage and delivery process. The Contractor will immediately 

inform DLA Troop Support Subsistence of any attempt or suspected attempt by any party or parties, known or 

unknown, to tamper with or contaminate subsistence supplies. Accordingly, the offeror shall submit its Food 

Security 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. An electronic copy of the DLA Food 

Security Checklist is available at https://www. troopsupport.dla.mil/subs/fs_check.pdf. 

 

NOTE: The offeror's Force Protection proposal shall be part of any contract awarded. The contractor's Food 

Security Plan may be audited by the AVI or the DLA Troop Support Quality Audit Team. Failure to comply 

with the provisions of the Plan will considered a deficiency(s), and the contractor will be required to take 

corrective action. Failure to take corrective action or repetitive or recurring deficiencies will be considered a 

failure by the contractor to comply with the terms and conditions of the contract. The Government reserves the 

right to terminate the contract.

H-8 Production Standard Replenishment for Food Items 

 

Acceptable PDMs will be used as production standards. The approval of any PDM will not constitute 

waiver of the requirement that all delivered product must meet all other contractual requirements such as but not 

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

requirements. 

Every 12 months or as needed, the Government Quality Assurance Representative (GQAR) will replenish the 

Government's supply of PDMs at origin with 70 samples randomly selected from a lot accepted by the Government 

for all contractual requirements. Every 12 months, the GQAR will randomly select 32 replenishment samples for 

Natick from a lot accepted by the Government for all contractual requirements. Contractor will be responsible for 

shipment to Natick. No Government Furnished Equipment (GFE) will be supplied or may be used in performance of 

a MORE contract. 
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SECTION I - CONTRACT CLAUSES

I-1 Clauses and Provisions

 

52.202-1 DEFINITIONS (NOV 2013) FAR

 

52.203-3 GRATUITIES (APR 1984) FAR

 

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

 

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) FAR

 

52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014) 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 (OCT 2010) FAR

 

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015) FAR

 

52.203-14 DISPLAY OF HOTLINE POSTER (OCT 2015) FAR

(a) Definition. 

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

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

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

segments performing work under this contract and at contract work sites. 

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

clause; and 

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

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

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

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

Poster(s) Obtain from 

 

 

(Contracting Officer shall insert --- 

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

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

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

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

required DHS posters. 

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5.5 
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million, except when the subcontract. 

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

(2) Is performed entirely outside the United States. 

(End of clause) 

 

52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (JUN 2010) 

FAR

 

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

WHISTLEBLOWER RIGHTS (APR 2014) 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

 

252.203-7995 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY 

AGREEMENTS (NOV 2016) DFARS

 

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

 

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2018) FAR

 

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

 

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016) FAR

 

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016) FAR

 

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

 

52.204-20 PREDECESSOR OF OFFEROR (JUL 2016) FAR

As prescribed in 4.1804(d), insert the following provision: 
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(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; 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. 

“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: 

Predecessor legal name: 

(Do not use a “doing business as” name) 

(End of provision) 

 

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) 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: 
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(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

 

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 (OCT 2016) DFARS

 

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (MAY 2016) DFARS

 

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

 

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 SUSPENSION (OCT 2015) FAR

 

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

 

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

THAT IS A STATE SPONSOR OF TERRORISM (OCT 2015) DFARS

 

52.210-1 MARKET RESEARCH (APR 2011) FAR

 

52.211-5 MATERIAL REQUIREMENTS (AUG 2000) FAR

 

252.211-7005 SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND STANDARDS (NOV 2005) DFARS

(a) Definition. “SPI process,” as used in this clause, means a management or manufacturing process that has been accepted previously by 

the Department of Defense under the Single Process Initiative (SPI) for use in lieu of a specific military or Federal specification or standard at 

specific facilities. Under SPI, these processes are reviewed and accepted by a Management Council, which includes representatives of the 

Contractor, the Defense Contract Management Agency, the Defense Contract Audit Agency, and the military departments. 

(b) Offerors are encouraged to propose SPI processes in lieu of military or Federal specifications and standards cited in the solicitation. A 

listing of SPI processes accepted at specific facilities is available via the Internet at http://guidebook.dcma.mil/20/guidebook_process.htm

(paragraph 4.2). 

(c) An offeror proposing to use an SPI process in lieu of military or Federal specifications or standards cited in the solicitation shall 

(1) Identify the specific military or Federal specification or standard for which the SPI process has been accepted; 

(2) Identify each facility at which the offeror proposes to use the specific SPI process in lieu of military or Federal specifications or standards 

cited in the solicitation; 
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(3) Identify the contract line items, subline items, components, or elements affected by the SPI process; and 

(4) If the proposed SPI process has been accepted at the facility at which it is proposed for use, but is not yet listed at the Internet site 

specified in paragraph (b) of this clause, submit documentation of Department of Defense acceptance of the SPI process. 

(d) Absent a determination that an SPI process is not acceptable for this procurement, the Contractor shall use the following SPI processes in 

lieu of military or Federal specifications or standards: 

 

(Offeror insert information for each SPI process) 

 

SPI Process: 

Facility: 

Military or Federal Specification or Standard: 

Affected Contract Line Item Number, Subline Item Number, Component, or Element:

(e) If a prospective offeror wishes to obtain, prior to the time specified for receipt of offers, verification that an SPI process is an acceptable 

replacement for military or Federal specifications or standards required by the solicitation, the prospective offeror 

(1) May submit the information required by paragraph (d) of this clause to the Contracting Officer prior to submission of an offer; but 

(2) Must submit the information to the Contracting Officer at least 10 working days prior to the date specified for receipt of offers. 

 (End of clause)

 

52.215-2 AUDIT AND RECORDS - NEGOTIATION (OCT 2010) FAR

 

52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997) 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) 

 

 

52.216-19 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 1 cs [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 quantity [insert dollar figure or quantity]; 
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(2) Any order for a combination of items in excess of IQC maximum quantity [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 

required to make any deliveries under this contract after the contract end date [insert date]. 

(End of clause) 

 

252.216-7006 ORDERING (SEP 2019) DFARS

(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 contract schedule. Such orders may be issued from the contract start date through the contract 

end date [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) (1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access system, and 

notice has been sent to the Contractor. 

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued”when the Government deposits the order in the 

mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services. 

(3) Orders may be issued orally only if authorized in the schedule. 

(End of clause)

 

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (DEVIATION 2019-O0003) 

(APR 2019) FAR

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

“HUBZone small business concern” means a small business concern, certified by the Small Business Administration (SBA), that appears on 

the List of Qualified HUBZone Small Business Concerns maintained by the SBA (13 CFR 126.103). 

“Similarly situated entity” means a first-tier subcontractor, including an independent contractor, that has the same small business program 

status as that which qualified the prime contractor for the award; as is considered small for the NAICS code the prime contractor assigned to 
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the subcontract the subcontractor will perform. An example of a similarly situated entity is a first-tier subcontractor that is a HUBZone small 

business concern for a HUBZone set- aside or sole source award under the HUBZone Program. 

(b) Evaluation preference. 

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except -- 

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and 

(ii) Otherwise successful offers from small business concerns. 

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation 

factors described in the solicitation shall be applied before application of the factor. 

(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the 

HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, 

award will be made to the HUBZone small business concern. 

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the 

factor will be added to its offer for evaluation purposes. The agreements in paragraphs (d) and (e) of this clause do not apply if the offeror has 

waived the evaluation preference.

[ ] Offeror elects to waive the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Agreement. By submission of an offer and execution of a contract, a HUBZone small business concern agrees that, in the case of a 

contract for --

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to 

subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 

percent subcontract amount that cannot be exceeded; 

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by 

the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work 

that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded; 

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the 

cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will 

count toward the 85 percent subcontract amount that cannot be exceeded; or 

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract 

performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity 

further subcontracts will count toward the 75 percent subcontract amount that cannot be exceeded. 

(f) A HUBZone joint venture agrees that the aggregate of the HUBZone small business concerns to the joint venture, not each concern 

separately, will perform the applicable requirements specified in paragraph (d) of this clause. 

(g) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business 

concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 

CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone 

offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next 

otherwise successful HUBZone small business concern or other offeror.

(End of clause)

 

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (NOV 2016) FAR

 

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (DEVIATION 2018-O0018) (AUG 2018) FAR

(a) This clause does not apply to small business concerns. 

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

“Alaska Native Corporation (ANC)” means any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation 

organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, 

et seq.) and which is considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1). This 

definition also includes ANC direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the requirements of 43 U.
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S.C. 1626 (e) (2). 

“Commercial item” means a product or service that satisfies the definition of commercial item in section 2.101 of the Federal Acquisition 

Regulation. 

“Commercial plan” means a subcontracting plan (including goals) that covers the offeror's fiscal year and that applies to the entire 

production of commercial items sold by either the entire company or a portion thereof (e.g., division, plant, or product line). 

“Electronic Subcontracting Reporting System (eSRS)” means the Governmentwide, electronic, web-based system for small business 

subcontracting program reporting. The eSRS is located at http://www.esrs.gov. 

“Indian tribe” means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations 

organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act (43 U.S.C.A. 1601 et seq.), that is 

recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This 

definition also includes Indian-owned economic enterprises that meet the requirements of 25 U.S.C. 1452(e). 

“Individual subcontracting plan” means a subcontracting plan that covers the entire contract period (including option periods), applies to a 

specific contract, and has goals that are based on the offeror's planned subcontracting in support of the specific contract, except that indirect 

costs incurred for common or joint purposes may be allocated on a prorated basis to the contract. 

“Master subcontracting plan” means a subcontracting plan that contains all the required elements of an individual subcontracting plan, 

except goals, and may be incorporated into individual subcontracting plans, provided the master subcontracting plan has been approved. 

“Reduced payment” means a payment that is for less than the amount agreed upon in a subcontract in accordance with its terms and 

conditions, for supplies and services for which the Government has paid the prime contractor. 

“Subcontract” means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government 

prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract. 

“Total contract dollars” means the final anticipated dollar value, including the dollar value of all options. 

“Untimely payment” means a payment to a subcontractor that is more than 90 days past due under the terms and conditions of a 

subcontract for supplies and services for which the Government has paid the prime contractor. 

(c)(1) The Offeror, upon request by the Contracting Officer, shall submit and negotiate a subcontracting plan, where applicable, that separately 

addresses subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone 

small business, small disadvantaged business, and women-owned small business concerns. If the Offeror is submitting an individual 

subcontracting plan, the plan must separately address subcontracting with small business, veteran-owned small business, service-disabled 

veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns, with a 

separate part for the basic contract and separate parts for each option (if any). The subcontracting plan shall be included in and made a part of 

the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and 

negotiate the subcontracting plan shall make the Offeror ineligible for award of a contract. 

(2)(i) The Contractor may accept a subcontractor's written representations of its size and socioeconomic status as a small business, small 

disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business if 

the subcontractor represents that the size and socioeconomic status representations with its offer are current, accurate, and complete as of the 

date of the offer for the subcontract. 

(ii) The Contractor may accept a subcontractor's representations of its size and socioeconomic status as a small business, small 

disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small 

business in the System for Award Management (SAM) if - 

(A) The subcontractor is registered in SAM; and 

(B) The subcontractor represents that the size and socioeconomic status representations made in SAM are current, accurate and 

complete as of the date of the offer for the subcontract. 

(iii) The Contractor may not require the use of SAM for the purposes of representing size or socioeconomic status in connection with a 

subcontract. 

(iv) In accordance with 13 CFR 121.411, 124.1015, 125.29, 126.900, and 127.700, a contractor acting in good faith is not liable for 

misrepresentations made by its subcontractors regarding the subcontractor's size or socioeconomic status. 

(d) The Offeror's subcontracting plan shall include the following: 

(1) Separate goals, expressed in terms of total dollars subcontracted, and as a percentage of total planned subcontracting dollars, for the 
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use of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small 

disadvantaged business, and women-owned small business concerns as subcontractors. For individual subcontracting plans, and if required 

by the Contracting Officer, goals shall also be expressed in terms of percentage of total contract dollars, in addition to the goals expressed 

as a percentage of total subcontract dollars. The offeror shall include all subcontracts that contribute to contract performance, and may 

include a proportionate share of products and services that are normally allocated as indirect costs. In accordance with 43 U.S.C. 1626 - 

(i) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the subcontracting goals for small business and small 

disadvantaged business concerns, regardless of the size or Small Business Administration certification status of the ANC or Indian tribe; 

and 

(ii) Where one or more subcontractors are in the subcontract tier between the prime Contractor and the ANC or Indian tribe, the ANC or 

Indian tribe shall designate the appropriate Contractor(s) to count the subcontract towards its small business and small disadvantaged 

business subcontracting goals. 

(A) In most cases, the appropriate Contractor is the Contractor that awarded the subcontract to the ANC or Indian tribe. 

(B) If the ANC or Indian tribe designates more than one Contractor to count the subcontract toward its goals, the ANC or Indian tribe 

shall designate only a portion of the total subcontract award to each Contractor. The sum of the amounts designated to various 

Contractors cannot exceed the total value of the subcontract. 

(C) The ANC or Indian tribe shall give a copy of the written designation to the Contracting Officer, the prime Contractor, and the 

subcontractors in between the prime Contractor and the ANC or Indian tribe within 30 days of the date of the subcontract award. 

(D) If the Contracting Officer does not receive a copy of the ANC's or the Indian tribe's written designation within 30 days of the 

subcontract award, the Contractor that awarded the subcontract to the ANC or Indian tribe will be considered the designated 

Contractor. 

(2) A statement of -- 

(i) Total dollars planned to be subcontracted for an individual subcontracting plan; or the Offeror's total projected sales, expressed in 

dollars, and the total value of projected subcontracts to support the sales for a commercial plan; 

(ii) Total dollars planned to be subcontracted to small business concerns (including ANC and Indian tribes); 

(iii) Total dollars planned to be subcontracted to veteran-owned small business concerns; 

(iv) Total dollars planned to be subcontracted to service-disabled veteran-owned small business; 

(v) Total dollars planned to be subcontracted to HUBZone small business concerns; 

(vi) Total dollars planned to be subcontracted to small disadvantaged business concerns (including ANCs and Indian tribes); and 

(vii) Total dollars planned to be subcontracted to women-owned small business concerns. 

(3) A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for 

subcontracting to -- 

(i) Small business concerns; 

(ii) Veteran-owned small business concerns; 

(iii) Service-disabled veteran-owned small business concerns; 

(iv) HUBZone small business concerns; 

(v) Small disadvantaged business concerns; and 

(vi) Women-owned small business concerns. 

(4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of this clause. 

(5) A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, SAM, 

veterans service organizations, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division 

of the Minority Business Development Agency in the Department of Commerce, or small, HUBZone, small disadvantaged, and womenowned small business trade associations). A firm may rely on the information contained in SAM as an accurate representation of a concern's 

size and ownership characteristics for the purposes of maintaining a small, veteran-owned small, service-disabled veteran-owned small, 

HUBZone small, small disadvantaged, and women-owned small business source list. Use of SAM as its source list does not relieve a firm of 

its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities) in this clause. 

(6) A statement as to whether or not the Offeror included indirect costs in establishing subcontracting goals, and a description of the method 
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used to determine the proportionate share of indirect costs to be incurred with - 

(i) Small business concerns (including ANC and Indian tribes); 

(ii) Veteran-owned small business concerns; 

(iii) Service-disabled veteran-owned small business concerns; 

(iv) HUBZone small business concerns; 

(v) Small disadvantaged business concerns (including ANC and Indian tribes); and 

(vi) Women-owned small business concerns. 

(7) The name of the individual employed by the Offeror who will administer the Offeror's subcontracting program, and a description of the 

duties of the individual. 

(8) A description of the efforts the Offeror will make to assure that small business, veteran-owned small business, service-disabled veteranowned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns have an 

equitable opportunity to compete for subcontracts. 

(9) Assurances that the Offeror will include the clause of this contract entitled “Utilization of Small Business Concerns” in all subcontracts 

that offer further subcontracting opportunities, and that the Offeror will require all subcontractors (except small business concerns) that 

receive subcontracts in excess of $700,000 ($1.5 million for construction of any public facility) with further subcontracting possibilities to 

adopt a subcontracting plan that complies with the requirements of this clause. 

(10) Assurances that the Offeror will -- 

(i) Cooperate in any studies or surveys as may be required; 

(ii) Submit periodic reports so that the Government can determine the extent of compliance by the Offeror with the subcontracting plan; 

(iii) After November 30, 2017, include subcontracting data for each order when reporting subcontracting achievements for indefinitedelivery, indefinite-quantity contracts intended for use by multiple agencies; 

(iv) Submit the Individual Subcontract Report (ISR) and/or the Summary Subcontract Report (SSR), in accordance with paragraph (l) of 

this clause using the Electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov. The reports shall provide information on 

subcontract awards to small business concerns (including ANCs and Indian tribes that are not small businesses), veteran-owned small 

business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged 

business concerns (including ANCs and Indian tribes that have not been certified by SBA as small disadvantaged businesses), womenowned small business concerns, and for NASA only, Historically Black Colleges and Universities and Minority Institutions. Reporting shall 

be in accordance with this clause, or as provided in agency regulations; 

(v) Ensure that its subcontractors with subcontracting plans agree to submit the ISR and/or the SSR using eSRS; 

(vi) Provide its prime contract number, its DUNS number, and the e-mail address of the Offeror's official responsible for acknowledging 

receipt of or rejecting the ISRs, to all first-tier subcontractors with subcontracting plans so they can enter this information into the eSRS 

when submitting their ISRs; and 

(vii) Require that each subcontractor with a subcontracting plan provide the prime contract number, its own DUNS number, and the e-mail 

address of the subcontractor's official responsible for acknowledging receipt of or rejecting the ISRs, to its subcontractors with 

subcontracting plans. 

(11) A description of the types of records that will be maintained concerning procedures that have been adopted to comply with the 

requirements and goals in the plan, including establishing source lists; and a description of the offeror's efforts to locate small business, 

veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, 

and women-owned small business concerns and award subcontracts to them. The records shall include at least the following (on a plantwide or company-wide basis, unless otherwise indicated): 

(i) Source lists (e.g., SAM), guides, and other data that identify small business, veteran-owned small business, service-disabled veteranowned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns. 

(ii) Organizations contacted in an attempt to locate sources that are small business, veteran-owned small business, service-disabled 

veteran-owned small business, HUBZone small business, small disadvantaged business, or women-owned small business concerns. 

(iii) Records on each subcontract solicitation resulting in an award of more than the simplified acquisition threshold, indicating- 

(A) Whether small business concerns were solicited and, if not, why not; 
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(B) Whether veteran-owned small business concerns were solicited and, if not, why not; 

(C) Whether service-disabled veteran-owned small business concerns were solicited and, if not, why not; 

(D) Whether HUBZone small business concerns were solicited and, if not, why not; 

(E) Whether small disadvantaged business concerns were solicited and, if not, why not; 

(F) Whether women-owned small business concerns were solicited and, if not, why not; and 

(G) If applicable, the reason award was not made to a small business concern. 

(iv) Records of any outreach efforts to contact -- 

(A) Trade associations; 

(B) Business development organizations; 

(C) Conferences and trade fairs to locate small, HUBZone small, small disadvantaged, service-disabled veteran-owned, and womenowned small business sources; and 

(D) Veterans service organizations. 

(v) Records of internal guidance and encouragement provided to buyers through - 

(A) Workshops, seminars, training, etc.; and 

(B) Monitoring performance to evaluate compliance with the program's requirements. 

(vi) On a contract-by-contract basis, records to support award data submitted by the offeror to the Government, including the name, 

address, and business size of each subcontractor. Contractors having commercial plans need not comply with this requirement. 

(12) Assurances that the Offeror will make a good faith effort to acquire articles, equipment, supplies, services, or materials, or obtain the 

performance of construction work from the small business concerns that it used in preparing the bid or proposal, in the same or greater 

scope, amount, and quality used in preparing and submitting the bid or proposal. Responding to a request for a quote does not constitute 

use in preparing a bid or proposal. The Offeror used a small business concern in preparing the bid or proposal if - 

(i) The Offeror identifies the small business concern as a subcontractor in the bid or proposal or associated small business subcontracting 

plan, to furnish certain supplies or perform a portion of the subcontract; or 

(ii) The Offeror used the small business concern's pricing or cost information or technical expertise in preparing the bid or proposal, where 

there is written evidence of an intent or understanding that the small business concern will be awarded a subcontract for the related work 

if the Offeror is awarded the contract. 

(13) Assurances that the Contractor will provide the Contracting Officer with a written explanation if the Contractor fails to acquire articles, 

equipment, supplies, services or materials or obtain the performance of construction work as described in (d)(12) of this clause. This 

written explanation must be submitted to the Contracting Officer within 30 days of contract completion. 

(14) Assurances that the Contractor will not prohibit a subcontractor from discussing with the Contracting Officer any material matter 

pertaining to payment to or utilization of a subcontractor. 

(15) Assurances that the offeror will pay its small business subcontractors on time and in accordance with the terms and conditions of the 

underlying subcontract, and notify the contracting officer when the prime contractor makes either a reduced or an untimely payment to a 

small business subcontractor (see 52.242-5). 

(e) In order to effectively implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the 

following functions: 

(1) Assist small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small 

disadvantaged business, and women-owned small business concerns by arranging solicitations, time for the preparation of bids, quantities, 

specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor's lists of potential small 

business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged 

business, and women-owned small business subcontractors are excessively long, reasonable effort shall be made to give all such small 

business concerns an opportunity to compete over a period of time. 

(2) Provide adequate and timely consideration of the potentialities of small business, veteran-owned small business, service-disabled 

veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns in all 

“make-or-buy” decisions. 

(3) Counsel and discuss subcontracting opportunities with representatives of small business, veteran-owned small business, service-
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disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business firms. 

(4) Confirm that a subcontractor representing itself as a HUBZone small business concern is certified by SBA as a HUBZone small business 

concern in accordance with 52.219-8(d)(2). 

(5) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, veteran-owned 

small business, HUBZone small, small disadvantaged, or women-owned small business for the purpose of obtaining a subcontract that is to 

be included as part or all of a goal contained in the Contractor's subcontracting plan. 

(6) For all competitive subcontracts over the simplified acquisition threshold in which a small business concern received a small business 

preference, upon determination of the successful subcontract offeror, prior to award of the subcontract the Contractor must inform each 

unsuccessful small business subcontract offeror in writing of the name and location of the apparent successful offeror and if the successful 

subcontract offeror is a small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small 

business, small disadvantaged business, or women-owned small business concern. 

(7) Assign each subcontract the NAICS code and corresponding size standard that best describes the principal purpose of the subcontract. 

(f) A master subcontracting plan on a plant or division-wide basis that contains all the elements required by paragraph (d) of this clause, except 

goals, may be incorporated by reference as a part of the subcontracting plan required of the Offeror by this clause; provided - 

(1) The master subcontracting plan has been approved; 

(2) The Offeror ensures that the master subcontracting plan is updated as necessary and provides copies of the approved master 

subcontracting plan, including evidence of its approval, to the Contracting Officer; and 

(3) Goals and any deviations from the master subcontracting plan deemed necessary by the Contracting Officer to satisfy the requirements 

of this contract are set forth in the individual subcontracting plan. 

(g) A commercial plan is the preferred type of subcontracting plan for contractors furnishing commercial items. The commercial plan shall 

relate to the offeror's planned subcontracting generally, for both commercial and Government business, rather than solely to the Government 

contract. Once the Contractor's commercial plan has been approved, the Government will not require another subcontracting plan from the 

same Contractor while the plan remains in effect, as long as the product or service being provided by the Contractor continues to meet the 

definition of a commercial item. A Contractor with a commercial plan shall comply with the reporting requirements stated in paragraph (d)(10) 

of this clause by submitting one SSR in eSRS for all contracts covered by its commercial plan. This report shall be acknowledged or rejected in 

eSRS by the Contracting Officer who approved the plan. This report shall be submitted within 30 days after the end of the Government's fiscal 

year. 

(h) Prior compliance of the offeror with other such subcontracting plans under previous contracts will be considered by the Contracting Officer 

in determining the responsibility of the offeror for award of the contract. 

(i) A contract may have no more than one subcontracting plan. When a contract modification exceeds the subcontracting plan threshold in 

19.702(a), or an option is exercised, the goals of the existing subcontracting plan shall be amended to reflect any new subcontracting 

opportunities. When the goals in a subcontracting plan are amended, these goal changes do not apply retroactively. 

(j) Subcontracting plans are not required from subcontractors when the prime contract contains the clause at 52.212-5, Contract Terms and 

Conditions Required to Implement Statutes or Executive Orders --Commercial Items, or when the subcontractor provides a commercial item 

subject to the clause at 52.244-6, Subcontracts for Commercial Items, under a prime contract. 

(k) The failure of the Contractor or subcontractor to comply in good faith with (1) the clause of this contract entitled “Utilization Of Small 

Business Concerns,” or (2) an approved plan required by this clause, shall be a material breach of the contract and may be considered in any 

past performance evaluation of the Contractor. 

(l) The Contractor shall submit ISRs and SSRs using the web-based eSRS at http://www.esrs.gov. Purchases from a corporation, company, or 

subdivision that is an affiliate of the Contractor or subcontractor are not included in these reports. Subcontract awards by affiliates shall be 

treated as subcontract awards by the Contractor. Subcontract award data reported by the Contractor and subcontractors shall be limited to 

awards made to their immediate next-tier subcontractors. Credit cannot be taken for awards made to lower tier subcontractors, unless the 

Contractor or subcontractor has been designated to receive a small business or small disadvantaged business credit from an ANC or Indian 

tribe. Only subcontracts involving performance in the United States or its outlying areas should be included in these reports with the exception 

of subcontracts under a contract awarded by the State Department or any other agency that has statutory or regulatory authority to require 

subcontracting plans for subcontracts performed outside the United States and its outlying areas. 

(1) ISR. This report is not required for commercial plans. The report is required for each contract containing an individual subcontracting 

plan. 
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(i) The report shall be submitted semi-annually during contract performance for the periods ending March 31 and September 30. A report 

is also required for each contract within 30 days of contract completion. Reports are due 30 days after the close of each reporting period, 

unless otherwise directed by the Contracting Officer. Reports are required when due, regardless of whether there has been any 

subcontracting activity since the inception of the contract or the previous reporting period. When the Contracting Officer rejects an ISR, 

the Contractor shall submit a corrected report within 30 days of receiving the notice of ISR rejection. 

(ii)(A) When a subcontracting plan contains separate goals for the basic contract and each option, as prescribed by FAR 19.704(c), the 

dollar goal inserted on this report shall be the sum of the base period through the current option; for example, for a report submitted after 

the second option is exercised, the dollar goal would be the sum of the goals for the basic contract, the first option, and the second option. 

(B) If a subcontracting plan has been added to the contract pursuant to 19.702(a)(3) or 19.301-2(e), the Contractor's achievements must 

be reported in the ISR on a cumulative basis from the date of incorporation of the subcontracting plan into the contract. 

(iii) When a subcontracting plan includes indirect costs in the goals, these costs must be included in this report. 

(iv) The authority to acknowledge receipt or reject the ISR resides -- 

(A) In the case of the prime Contractor, with the Contracting Officer; and 

(B) In the case of a subcontract with a subcontracting plan, with the entity that awarded the subcontract. 

(2) SSR. 

(i) Reports submitted under individual contract plans. 

(A) This report encompasses all subcontracting under prime contracts and subcontracts with an executive agency, regardless of the dollar 

value of the subcontracts. This report also includes indirect costs on a prorated basis when the indirect costs are excluded from the 

subcontracting goals. 

(B) The report may be submitted on a corporate, company or subdivision (e.g. plant or division operating as a separate profit center) 

basis, unless otherwise directed by the agency. 

(C) If the Contractor or a subcontractor is performing work for more than one executive agency, a separate report shall be submitted to 

each executive agency covering only that agency's contracts, provided at least one of that agency's contracts is over $700,000 (over $1.5 

million for construction of a public facility) and contains a subcontracting plan. For DoD, a consolidated report shall be submitted for all 

contracts awarded by military departments/agencies and/or subcontracts awarded by DoD prime contractors. 

(D) The report shall be submitted annually by October 30 for the twelve month period ending September 30. When a Contracting Officer 

rejects an SSR, the Contractor shall submit a revised report within 30 days of receiving the notice of SSR rejection. 

(E) Subcontract awards that are related to work for more than one executive agency shall be appropriately allocated. 

(F) The authority to acknowledge or reject SSRs in eSRS, including SSRs submitted by subcontractors with subcontracting plans, resides 

with the Government agency awarding the prime contracts unless stated otherwise in the contract. 

(ii) Reports submitted under a commercial plan. 

(A) The report shall include all subcontract awards under the commercial plan in effect during the Government's fiscal year and all indirect 

costs. 

(B) The report shall be submitted annually, within thirty days after the end of the Government's fiscal year. 

(C) If a Contractor has a commercial plan and is performing work for more than one executive agency, the Contractor shall specify the 

percentage of dollars attributable to each agency. 

(D) The authority to acknowledge or reject SSRs for commercial plans resides with the Contracting Officer who approved the commercial 

plan. 

(End of clause)

 

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (AUG 2018), ALT II (NOV 2016) FAR

 

52.219-16 LIQUIDATED DAMAGES - SUBCONTRACTING PLAN (JAN 1999) FAR

 

52.219-28 POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) FAR

As prescribed in 19.309(c), insert the following clause: 
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(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 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 (c) 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. 

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size 

status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the 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) 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 assigned to this contract. The small business size standard 

corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards. 

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a 

construction or service contract, is 500 employees. 

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) 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 that the data have been validated or updated, and provide the date of 

the validation or update. 

(f) 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 (e) or (g) of this clause. 

(g) 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: 

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code assigned to contract number . 

[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 2018) DFARS

 

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997) FAR

 

52.222-19 CHILD LABOR - COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2018) FAR

 

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

 

52.222-26 EQUAL OPPORTUNITY (SEP 2016) FAR
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52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) FAR

 

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) FAR

 

52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016) FAR

 

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

 

52.222-50 COMBATING TRAFFICKING IN PERSONS (JAN 2019) FAR

 

52.222-50 COMBATING TRAFFICKING IN PERSONS (JAN 2019), ALT I (MAR 2015) FAR

(i)(A) The United States Government's policy prohibiting trafficking in persons described in paragraph (b) of this clause; and 

(B) The following directive(s) or notice(s) applicable to employees performing work at the contract place(s) of performance as indicated below:

Document Title Document may be obtained 

from:

Applies to performance in/

at:

[Contracting Officer shall insert title of directive/notice; indicate the document is attached or provide source (such as website link) for obtaining 

document; and, indicate the contract performance location outside the United States. to which the document applies.] 

 

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

 

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) FAR

 

52.223-20 AEROSOLS (JUN 2016) FAR

 

52.223-21 FOAMS (JUN 2016) FAR

 

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) FAR

 

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM--BASIC (DEC 2017) DFARS 

 

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM--BASIC (DEC 2017) DFARS, ALT I (DEC 2016) 

DFARS 

 

252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 2017) DFARS 

 

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017) DFARS 

 

252.225-7021 TRADE AGREEMENTS (SEP 2019) DFARS

 

252.225-7041 CORRESPONDENCE IN ENGLISH (JUN 1997) DFARS

 

52.226-6 PROMOTING EXCESS FOOD DONATION TO NONPROFIT ORGANIZATIONS (MAY 2014) FAR

 

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

SMALL BUSINESS CONCERNS (SEP 2004) DFARS

 

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

TBD 

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

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF 
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SECTION I - CONTRACT CLAUSES (CONTINUED)

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 TBD

Issue By DoDAAC TBD

Admin DoDAAC TBD

Inspect By DoDAAC TBD

Ship To Code TBD

Ship From Code TBD

Mark For Code TBD

Service Approver 

(DoDAAC)

 TBD

Service Acceptor 

(DoDAAC)

 TBD

Accept at Other DoDAAC TBD

LPO DoDAAC TBD

DCAA Auditor DoDAAC TBD

Other DoDAAC(s) TBD

(*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. 

matthew.conroy@dla.mil

(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. 

matthew.conroy@dla.mil 

(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

 

52.233-9001 DISPUTES - AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (DEC 2016) 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, 

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 
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SECTION I - CONTRACT CLAUSES (CONTINUED)

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

 

52.242-13 BANKRUPTCY (JUL 1995) 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

As prescribed in 243.205-71, use the following clause: 

(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 (AUG 2019) FAR

 

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013) 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 
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“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]. 

(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 
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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)

 

52.246-23 LIMITATION OF LIABILITY (FEB 1997) FAR

 

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

 

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

 

252.225-7048 EXPORT CONTROLLED ITEMS (JUN 2013) DFARS

 

252.225-7051 PROHIBITION ON ACQUISITION OF CERTAIN FOREIGN COMMERCIAL SATELITTE SERVICES (DEC 2018) DFARS

 

252.225-7052 RESTRICTION ON THE ACQUISITION OF CERTAIN MAGNETS AND TUNGSTEN (APR 2019) DFARS

 

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

EQUIPMENT (AUG 2019) FAR

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

Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided 

in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. 

(b) Prohibition. 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. Contractors are not prohibited from providing-- 

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

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

equipment transmits or otherwise handles. 

(c) Representation. The Offeror represents that-- 

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. 

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the 

following information as part of the offer-- 

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment 

manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable); 
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(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such 

use would be permissible under the prohibition in paragraph (b) of this provision; 

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial 

and Government Entity (CAGE) code, if known); and 

(4) For equipment, 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). 

 

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR 

EQUIPMENT (AUG 2019) FAR

 

I-2 Production Facility Changes 

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 free 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: 

 

The DLA Troop Support Subsistence Directorate provides world-wide subsistence logistics support during peace 

time as well as during regional conflict, contingency operations, national emergencies and natural disasters. At any 

time, the United States Government, its personnel, resources and interests may be the target of enemy aggression to 

include espionage, sabotage or terrorism. This increased risk requires DLA Troop Support to take steps and insure 

steps are taken by its contractors to prevent the deliberate tampering and contamination of subsistence items. 

As the holder of a contract with the Department of Defense, the awardee should be aware of the vital role they 

play in supporting our customers. It is incumbent upon the awardee to take actions to secure product delivered to all 

military customers, as well as any applicable commercial destinations. We strongly recommend all firms review 

their security plans relating to plant security and security of the product in light of the heightened threat of terrorism. 

The contractor will ensure that products and/or packaging have not been tampered or contaminated throughout 

the manufacturing, storage and delivery process. The Contractor will immediately inform DLA TROOP 

SUPPORT Subsistence of any attempt or suspected attempt by any party or parties, known or unknown, to tamper 

with or contaminate subsistence supplies. 

The offeror's Food Defense proposal shall be part of any contract awarded. The AVI or the DLA Troop Support 

Quality Audit Team may audit the contractor's Food Defense Plan (Plan). Failure to comply with provision of the 
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Plan will be considered a failure by the contractor to comply with the terms and conditions of the contract. 

 

 

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 

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 
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associated products and materials and to reject those products and/or materials evidencing pest infestation/

contamination or determined to be produced or held under insanitary 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. 

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 
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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, 

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 
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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 Support-FTS. 

 

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, fulllength 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. 

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 
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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 

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. 

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. 
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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 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 

A. 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. 

B. 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. 

C. 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. 

 

I-5 Quality Systems Plan (QSP) 

Refer to Section E for detailed requirements for a QSP. 

 

I-6 Small Business/Subcontracting Plan 

 Small Business/Subcontracting Plans must address all 15 elements of FAR 52.219-9. 

 

Both large and small business Contractors must indicate what portion of the contract will be sourced from both 

Large Business (LB) and Small Business (SB). Under the portion to be sourced from Small Business, each 

subcategory (i.e., Small Business, Small Disadvantaged Business (SDB), Women-Owned Small Business (WOSB), 

Service-Disabled Veteran-Owned Small Business (SDVOSB), and HUBZone Small Business (HZSB) concerns) 

must address goals in terms of percentages and total dollars. This information must be provided for the performance 

period of the contract. 

 

See FAR 2.101 and FAR 19.102 for small business definitions size standards. 

 

The percentages shall be formulated using the total to be sourced (i.e., both large and small business total dollars) as 

the divisor. The offeror must describe the proposed SB, SDB, WOSB, SDVOSB, and HZSB concerns' participation 

in the performance of this contract at the product supplier levels. 

 

These figures shall pertain to the proposed acquisition only. These figures shall represent what percentage/dollar 

value of products are to be supplied under this contract by a SB, SDB, WOSB, SDVOSB, and HZSB manufacturer, 

grower, or private label holder. 
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The contractor will obtain at least 23% of the supplies for proposed contract from all SB firms (vs. LB firms) as 

indicated in the DoD Office of Small Business Programs pertaining to current subcontracting goals. Within the 

subcategories, the Contractor will obtain the minimum percentage for the following goals: 23% from SB, with 

individual SB subcategories goals of 5% from SDB, 5% from WOSB, 3% from SDVOSB firms, and 3% from 

HZSB firms. 

 

Example and format: 

 

The following is the preferred format for the submission of small business data. 

 Dollars Percent

Total Contract Price: $1,000,000 100% 

Total to be Subcontracted: $900,000 90% 

To Large Business: $630,000 70% 

To Small Business: $270,000 30% 

SB: $63,000 10% 

SDB: $63,000 7% 

WOSB: $45,000 5% 

SDVOSB: $36,000 4% 

HZSB: $36,000 4% 

*Note: Total Contract Price cannot be equal to Total to be Subcontracted 

 

Notes: 

(1) Please ensure offeror dollars are not included in the total subcontracted dollar value. The total contract 

value and total subcontract value must not be the same. 

(2) When calculating figures for the chart above, the business size of the manufacturer, grower, private label 

holder is to be considered, NOT the business size of the broker/agent that may have supplied the product to 

the Contractor. 

Performance on prior contracts in sourcing and assisting SB, SDB, SDVOSB, WOSB, or HUBZone firms will 

be part of past performance evaluation. 

 

B. Organizational Efforts

 The Contractor shall describe the efforts it will make to ensure that SB, SDB, WOSB, SDVOSB, 

and HZSB concerns will have an equitable opportunity to compete for subcontracts or as product suppliers 

on this acquisition. The offeror shall describe its willingness and any plans it has to develop additional 

opportunities for SB, SDB, WOSB, SDVOSB, and HZSB concerns. 

 

The Contractor must furthermore identify the employee(s) responsible for ensuring that an 

equitable opportunity is afforded to the SB, SDB, WOSB, SDVOSB, and HZSB firms to compete for 

contracts or supplier selection. 

 

The Contractor shall describe how it will cooperate in required studies or surveys in order to allow 

the Government to determine the extent of subcontracting opportunities identified for this acquisition. The 

Contractor must demonstrate a knowledge of, and more preferably a working relationship with local, state, 

and/or federal organizations whose mission it is to promote SB, SDB, WOSB, SDVOSB, and HZSB 

firms. 

 
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Note: The successful awardee(s) will be required to maintain an acceptable Integrated Pest Management Plan, Food 

Defense Plan, QSP, and a Small Business/Subcontracting Plan (if applicable) throughout the life of the contract. All 

plans must be submitted with initial offers. The awardee(s) must have Integrated Pest Management Plan, Food 

Defense Plan, and QSP approved by the contracting officer within 45 calendar days after the award date. Failure to 

receive an acceptable rating on any one or more of these documents within 45 calendar days after the award date 

will be a breach of the contract for which the Government may exercise its available rights, including, but not 

limited to, terminating the contract.

 

 

 

 

 

 

 

SECTION J - LIST OF ATTACHMENTS

List of Attachments

File Name Description

ATTACH_MORE_Specifica

tion___ACR_F_002C

Food Packet Modular 

Operational Ration 

Enhancemen

 

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS

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. 

(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). 
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[ ] 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)

 

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018) FAR

As prescribed in 4.1202(a), insert the following provision: 

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 311422 [insert NAICS code]. 

(2) The small business size standard is 1,250 [insert size standard]. 

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, 

but which proposes to furnish a product which it did not itself manufacture, is 500 employees. 

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies. 

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management 

(SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph 

(d) 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 (d) applies.

 (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated: 

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixedprice contract with economic price adjustment is contemplated, unless -- 

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13; 

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or 

(C) The solicitation is for utility services for which rates are set by law or regulation. 
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(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to 

solicitations expected to exceed $150,000. 

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or StatementsRepresentation. This provision applies to all solicitations. 

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award 

Management. 

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that -- 

(A) Are not set aside for small business concerns; 

(B) Exceed the simplified acquisition threshold; and 

(C) Are for contracts that will be performed in the United States or its outlying areas. 

(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations --Representation. 

(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to 

exceed the simplified acquisition threshold. 

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This 

provision applies to all solicitations. 

(ix) 52.214-14, Place of Performance --Sealed Bidding. This provision applies to invitations for bids except those in which the place of 

performance is specified by the Government. 

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government. 

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be 

performed in the United States or its outlying areas. 

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard. 

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard. 

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed 

in the United States or its outlying areas. 

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, 

Equal Opportunity. 

(xiv) 52.222-25, Affirmative Action Compliance.This provision applies to solicitations, other than those for construction, when the solicitation 

includes the clause at 52.222-26, Equal Opportunity. 

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated 

the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items. 

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA -

designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction 

Contracts. 

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA -designated 

items. 

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals -Representation. This provision applies to 

solicitation that include the clause at 52.204-7. 

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1. 

(xx) 52.225-4, Buy American --Free Trade Agreements --Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies 

to solicitations containing the clause at 52.225-3. 

(A) If the acquisition value is less than $25,000, the basic provision applies. 

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies. 

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies. 

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies. 
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(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5. 

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan --Certification. This provision applies to all solicitations. 

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and 

Certifications. This provision applies to all solicitations. 

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for 

research, studies, supplies, or services of the type normally acquired from higher educational institutions. 

(2) The following representations or certifications are applicable as indicated by the Contracting Officer: 

[Contracting Officer check as appropriate.] 

X (i) 52.204-17, Ownership or Control of Offeror. 

X (ii) 52.204-20, Predecessor of Offeror. 

X (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products. 

 (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of 

Certain Equipment- Certification. 

 (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification. 

 (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA -Designated Products (Alternate I only). 

 (vii) 52.227-6, Royalty Information. 

 (A) Basic.

 (B) Alternate I.

 (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software. 

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through 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 paragraph (c) 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 clause 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. 

 

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and 

certifications posted on SAM. 

(End of provision)

 

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016) FAR

As prescribed in 4.1804(b), use the following provision: 

(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; 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. 

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities 

that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. 

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited 

to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and 
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equipment, and the common use of employees. 

(b) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such 

as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the 

joint venture. 

(c) If the Offeror indicates “has” in paragraph (b) of this provision, enter the following information: 

Immediate owner CAGE code: 

Immediate owner legal name: 

(Do not use a “doing business as” name) 

Is the immediate owner owned or controlled by another entity?: [ ] Yes or [ ] No. 

(d) If the Offeror indicates “yes” in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, 

then enter the following information: 

Highest-level owner CAGE code: 

Highest-level owner legal name: 

(Do not use a “doing business as” name) 

(End of provision) 

 

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JUN 2019) DFARS

As prescribed in 204.1202, use the following provision: 

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. 

(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.]
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[ 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. 

[ X] (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.

(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

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)

 

52.209-7 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 
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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) 

 

 

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER 

ANY FEDERAL LAW (FEB 2016) FAR

As prescribed in 9.104-7(d), insert the following provision: 

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), 

and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that -- 

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or 

have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax 

liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the 

corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or 

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of 

the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not 

necessary to protect the interests of the Government. 

(b) The Offeror represents that -- 

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative 

remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority 

responsible for collecting the tax liability; and 

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. 

(End of provision)

 

252.209-7002 DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (JUN 2010) DFARS

 

252.209-7003 RESERVE OFFICER TRAINING CORPS AND MILITARY RECRUITING ON CAMPUS—REPRESENTATION (MAR 2012) 

DFARS
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252.209-7993 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY 

CONVICTION UNDER ANY FEDERAL LAW – FISCAL YEAR 2014 APPROPRIATIONS (FEB 2014) DFARS

(a) In accordance with sections 8113 and 8114 of the Department of Defense Appropriations Act, 2014, and sections 414 and 415 of the 

Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2014 (Public Law 113-76, Divisions C and J), none of the 

funds made available by those divisions (including Military Construction funds) may be used to enter into a contract with any corporation that -- 

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or 

have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax 

liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the 

corporation and made a determination that this further action is not necessary to protect the interests of the Government; or 

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is 

aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this 

action is not necessary to protect the interests of the Government. 

(b) The Offeror represents that -- 

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative 

remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority 

responsible for collecting the tax liability, 

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. 

(End of provision)

 

252.209-7998 REPRESENTATION REGARDING CONVICTION OF A FELONY CRIMINAL VIOLATION UNDER ANY FEDERAL OR 

STATE LAW (DEVIATION 2012-O0007) (MAR 2012)

(a) In accordance with section 514 of Division H of the Consolidated Appropriations Act, 2012, none of the funds made available by that Act 

may be used to enter into a contract with any corporation that was convicted of a felony criminal violation under any Federal or State law within 

the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment 

of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. 

(b) The Offeror represents that it is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal or State law 

within the preceding 24 months. 

(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 
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(2) [ ] Outside the United States. 

(End of provision)

 

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

As prescribed in 225.1101(1) and (1)(ii), use the following provision, which adds “South Caucasus/Central and South Asian (SC/CASA) state” 

and “South Caucasus/Central and South Asian (SC/CASA) state end product” in paragraph (a), and replaces “qualifying country end products” 

in paragraphs (b)(2) and (c)(2) with “qualifying country end products or SC/CASA state end products”: 

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “foreign end product,” “qualifying 

country,” “qualifying country end product,” “South Caucasus/Central and South Asian (SC/CASA) state,” “South Caucasus/Central and South 

Asian (SC/CASA) state end product,” and “United States,” as used in this provision, have the meanings given in the Buy American and 

Balance of Payments Program --Alternate I 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 or SC/CASA state 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 --Alternate I 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 or SC/CASA state end products: 

 
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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)

 

252.225-7020 TRADE AGREEMENTS CERTIFICATE (NOV 2014) DFARS

Basic. As prescribed in 225.1101(5) and (5)(i), use the following provision: 

(a) Definitions. “Designated country end product,” “nondesignated country end product,” “qualifying country end product,” and “U.S.-made end 

product” as used in this provision have the meanings given in the Trade Agreements --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 consider only offers of end products that are U.S.-made, qualifying country, or designated country end products unless -- 

(i) There are no offers of such end products; 

(ii) The offers of such end products are insufficient to fulfill the Government's requirements; or 

(iii) A national interest waiver has been granted. 

(c) Certification and identification of country of origin.

(1) For all line items subject to the Trade Agreements --Basic clause of this solicitation, the offeror certifies that each end product to be 

delivered under this contract, except those listed in paragraph (c)(2) of this provision, is a U.S.-made, qualifying country, or designated 

country end product. 

(2) The following supplies are other nondesignated country end products: 

(Line Item Number) (Country of Origin) 

 

(End of provision)

 

52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (DEVIATION 2018-O0015) (MAY 2018) FAR

Note: This notice does not apply to small businesses or foreign governments. This notice is in three parts, identified by Roman numerals I 

through III. 

Offerors shall examine each part and provide the requested information in order to determine Cost Accounting Standards (CAS) requirements 

applicable to any resultant contract. 

If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to full or modified CAS 

coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively. 

I. Disclosure Statement --Cost Accounting Practices and Certification 

(a) Any contract in excess of $2 million resulting from this solicitation will be subject to the 

requirements of the Cost Accounting Standards Board (48 CFR Chapter 99), except for those contracts which are exempt as specified in 48 

CFR 9903.201-1. 

(b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR Chapter 99 must, as a 

condition of contracting, submit a Disclosure Statement as required by 48 CFR 9903.202. When required, the Disclosure Statement must be 

submitted as a part of the offeror's proposal under this solicitation unless the offeror has already submitted a Disclosure Statement disclosing 

the practices used in connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the offeror 

may satisfy the requirement for submission by providing the information requested in paragraph (c) of Part I of this provision. 

Caution: In the absence of specific regulations or agreement, a practice disclosed in a Disclosure Statement shall not, by virtue of such 

disclosure, be deemed to be a proper, approved, or agreed-to practice for pricing proposals or accumulating and reporting contract 
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performance cost data. 

(c) Check the appropriate box below: 

[ ] (1) Certificate of Concurrent Submission of Disclosure Statement. The offeror hereby certifies that, as a part of the offer, copies of the 

Disclosure Statement have been submitted as follows: 

(i) Original and one copy to the cognizant Administrative Contracting Officer (ACO) or cognizant Federal agency official authorized to act in that 

capacity (Federal official), as applicable; and 

(ii) One copy to the cognizant Federal auditor. 

(Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable. Forms may be obtained from the cognizant ACO or Federal 

official and/or from the loose-leaf version of the Federal Acquisition Regulation.) 

Date of Disclosure Statement: 

Name and Address of Cognizant ACO or Federal Official Where Filed: 

The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices 

disclosed in the Disclosure Statement. 

[ ] (2) Certificate of Previously Submitted Disclosure Statement. The offeror hereby certifies that the required Disclosure Statement was filed 

as follows: 

Date of Disclosure Statement: 

Name and Address of Cognizant ACO or Federal Official Where Filed: 

The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices 

disclosed in the applicable Disclosure Statement. 

[ ] (3) Certificate of Monetary Exemption. The offeror hereby certifies that the offeror, together with all divisions, subsidiaries, and affiliates 

under common control, did not receive net awards of negotiated prime contracts and subcontracts subject to CAS totaling $50 million or more 

in the cost accounting period immediately preceding the period in which this proposal was submitted. The offeror further certifies that if such 

status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately. 

[ ] (4) Certificate of Interim Exemption. The offeror hereby certifies that (i) the offeror first exceeded the monetary exemption for disclosure, as 

defined in (3) of this subsection, in the cost accounting period immediately preceding the period in which this offer was submitted and (ii) in 

accordance with 48 CFR 9903.202-1, the offeror is not yet required to submit a Disclosure Statement. The offeror further certifies that if an 

award resulting from this proposal has not been made within 90 days after the end of that period, the offeror will immediately submit a revised 

certificate to the Contracting Officer, in the form specified under paragraph (c)(1) or (c)(2) of Part I of this provision, as appropriate, to verify 

submission of a completed Disclosure Statement. 

Caution: Offerors currently required to disclose because they were awarded a CAS-covered prime contract or subcontract of $50 million 

or more in the current cost accounting period may not claim this exemption (4). Further, the exemption applies only in connection with 

proposals submitted before expiration of the 90-day period following the cost accounting period in which the monetary exemption was 

exceeded. 

II. Cost Accounting Standards --Eligibility for Modified Contract Coverage 

If the offeror is eligible to use the modified provisions of 48 CFR 9903.201-2(b) and elects to do so, the offeror shall indicate by checking the 

box below. Checking the box below shall mean that the resultant contract is subject to the Disclosure and Consistency of Cost Accounting 

Practices clause in lieu of the Cost Accounting Standards clause. 

[ ] The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 48 CFR 9903.201-2(b) 

and certifies that the offeror is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because during the 

cost accounting period immediately preceding the period in which this proposal was submitted, the offeror received less than $50 million 
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in awards of CAS-covered prime contracts and subcontracts. The offeror further certifies that if such status changes before an award 

resulting from this proposal, the offeror will advise the Contracting Officer immediately. 

Caution: An offeror may not claim the above eligibility for modified contract coverage if this proposal is expected to result in the award of 

a CAS-covered contract of $50 million or more or if, during its current cost accounting period, the offeror has been awarded a single 

CAS-covered prime contract or subcontract of $50 million or more. 

III. Additional Cost Accounting Standards Applicable to Existing Contracts 

The offeror shall indicate below whether award of the contemplated contract would, in accordance with paragraph (a)(3) of the Cost Accounting 

Standards clause, require a change in established cost accounting practices affecting existing contracts and subcontracts. 

[ ] Yes [ ] No 

(End of provision)

 

252.209-7995 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY 

CONVICTION UNDER ANY FEDERAL LAW- FISCALYEAR 2013 APPROPRIATIONS (DEVIATION 2013-O0006) (APR 2013) (DFARS)

 

 

(a) In accordance with sections 8112 and 8113 of Division C and sections 514 and 515 of Division E of the Consolidated and Further 

Continuing Appropriations Act, 2013,(Pub. L. 113-6), none of the funds made available by that Act for DoD (including Military 

Construction funds) may be used to enter into a contract with any corporation that -- 

 

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or 

have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax 

liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the 

corporation and 

made a determination that this further action is not necessary to protect the interests of the Government; or 

 

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of 

the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not 

necessary to protect the interests of the Government. 

 

(b) The Offeror represents that -- 

 

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative 

remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority 

responsible for collecting the tax liability, 

 

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. 

(End of provision) 

 

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

L-1 Clauses and Provisions

 

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

 

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991) FAR

 
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52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991) FAR

 

52.215-1 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION (JAN 2017), ALT I (OCT 1997) FAR

 

52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST AND PRICING 

DATA (OCT 2010) FAR

(a) Exceptions from cost or pricing data. 

(1) In lieu of submitting cost or pricing data, offerors may submit a written request for exception by submitting the information described in the 

following paragraphs. 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 item exception. For a commercial item 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 cost or pricing data. If the offeror is not granted an exception from the requirement to submit cost or pricing data, the 

following applies: 

(1) The offeror shall prepare and submit cost or pricing data and supporting attachments in accordance with Table 15-2 of FAR 15.408. 

(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) 

 

52.216-1 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)

 

52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999) FAR

 

L06 AGENCY PROTESTS (DEC 2016)

 

L02 Electronic Order Transmission (SEP 2016) 

Offerors shall identify one of the following alternatives for paperless order transmission: 

 ( ) American National Standards Institute (ANSI) X12 Standards through a DLA transaction services approved value 

added network (VAN). 

 ( ) Electronic mail (email) award notifications containing web links to electronic copies of the Department of Defense 

(DD) Form 1155, Order for Supplies or Services. 
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Email notification requires registration on the DLA internet bid board system (DIBBS) home page at https://www.

dibbs.bsm.dla.mil/ . If the offeror elects ANSI/VAN order transmission, DLA will send Electronic Data Interchange 

(EDI) transaction sets at time of award. The contractor shall acknowledge receipt of transaction sets with a functional 

acknowledgement or order receipt message within 24 hours. If the award transaction set is received on a weekend or 

Federal holiday, the acknowledgement must be received on the next working day. This acknowledgement will 

confirm that the contractor's interface with the system is working as needed for contract ordering. Note: Information 

regarding EDI, ANSI X12 transactions, and DLA transaction services approved VANs can be obtained from the 

DAAS web site by going to https://www.transactionservices.dla.mil/daashome/edi-vanlist-dla.asp. Questions 

concerning electronic ordering should be directed to the appropriate procuring organization point of contact below: 

DLA Land and Maritime, Helpdesk.EBS.L&M.LTCs@dla.mil DLA Troop Support, dlaedigroup@dla.mil DLA 

Aviation, avnprocsysproceddiv@dla.mil, phone # 804-279-4026. 

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 “lowestpriced 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. 

(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, 
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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. 

L11 Small Business Program Representations (AUG 2017) 

(1) In order to facilitate the use of electronic commerce/electronic data interchange while fulfilling the requirements 

of the small business program, the Government provides certain socioeconomic information in a coded format rather 

than a fill-in. Electronic commerce/electronic data interchange (EC/EDI) transactions are often reformatted in 

transmission. Using these codes prevents misinterpretations within the system and increases accuracy in 

socioeconomic program reporting. 

(2) To reflect the representations and certifications contained in Federal Acquisition Regulation (FAR) 52.219-1, 

Small Business Program Representations, the offeror represents and certifies as a part of its offer that it is a ____ 

business type as defined in FAR 52.219-1. The offeror shall select the one alpha code from the following listing that 

represents the offeror's business type. The offeror's recording of its business type in this procurement note by means 

of an alpha code replaces the marking of the appropriate boxes in FAR 52.219-1(b). Penalties for misrepresentation of 

business status apply (see FAR 52.219-1, paragraph (d)(2)). 

Code B = Small Business. Enter code B if your firm is a small business concern, as defined in FAR 52.219-1, 

paragraph (a). 

Code M = Small Disadvantaged Business. Enter code M if your firm is a small disadvantaged business concern, as 

defined in FAR 52.219-1, paragraph (a). 

Code U = Woman-Owned Small Disadvantaged Business. Enter code U if your firm is a woman-owned business, as 

defined in FAR 52.219-1, paragraph (a), and a small disadvantaged business, as defined in FAR 52.219-1, paragraph 

(a). 

Code W = Woman-Owned Small Business. Enter Code W if your firm is a woman-owned small business, as defined 

in FAR 52.219-1, paragraph (a) 

 

 

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) FAR

As prescribed in 52.107(a), insert the following provision: 

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks 

that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror 

may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a 

solicitation provision 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 provision)

 

52.233-2 SERVICE OF PROTEST (SEP 2006) FAR

(a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any 

protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by 
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obtaining written and dated acknowledgment of receipt from matthew.conroy@dla.mil or candice.campbell@dla.mil. [Contracting Officer 

designate the official or location where a protest may be served on the Contracting Officer.] 

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. 

(End of Clause) 

 

 

L-2 Submission of Offers: 

 

DLA Troop Support will use overall Lowest Price Technically Acceptable source selection award procedures for this 

acquisition. The Government will make an award(s) to the Offeror(s) with the proposal that represents the best value. 

Offerors must ensure that they complete and submit all requirements of the solicitation. Additionally, vendors must 

submit a separate technical proposal in accordance with paragraph L-3 below. A separate business (cost/price) 

proposal, in accordance with paragraph L-4 below, and the completed solicitation must also be submitted. 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 

paragraph L-3 and L-4 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 in separate parts as follows: 

 

Part Title # of copies 

1 Completed Solicitation 1 

2 Technical Proposal & Additional Submission Requirements 3 

3 Business Proposal (Prices) 3 

 

L-3 Technical Proposals: 

The following information is required for technical proposals: 

1. Offerors must submit Product Demonstration Models (PDMs) for the COLD MORE and HOT MORE, as 

specified in ACR-F-002C. PDMs will be submitted at no expense to the Government and must be 

received prior to the time set for closing of offers. If an offeror already holds an acceptable PDM for the 

same component under another contract, they can reference that PDM in their technical proposal. For 

referenced PDMs, the offeror must provide; the name of the component, lot number, date PDM was 

accepted, and contract number the PDM was accepted under. Additionally, the offeror must provide the 

written letter or email notification by DLA Troop Support that notified the offeror of that PDM's 

acceptance. Reference PDMs shall not be more than 365 calendar days old at close of solicitation (Note: 

If the solicitation closing date has been extended, then the Referenced PDMs shall not be more than 365 

days old at the closing of the extended date specified via amendment). Periodic Review results of PDMs 

do not constitute as previously accepted PDMs that can be referenced as a part of the Technical Proposal. 
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2. Offerors must submit PDMs for each component item found in the COLD MORE and HOT MORE. 

PDMs must be submitted as follows: 

A total of 106 PDMs of each MORE component must be submitted as stated below: 

 

A total of 32 PDMs of each MORE component 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 

 

A total of 70 PDMs of each MORE component must be maintained by the offeror/contractor. In this instance, 

the offeror must advise the Government inspector prior to production of the PDMs and must obtain a signed 

statement from the inspector confirming possession of the samples and identifying 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. 

 

The remaining 4 PDMs of each MORE component must be sent to DLA to the below address: 

 

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, should be the required paperwork, 

fully identifying the product, solicitation number, whether the item is an Initial, Replenishment, or Alternate 

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. 

3. 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. 

4. Offerors shall certify that the PDM(s) conforms to all specification/production description characteristics, or 

shall adequately describe any differences the PDM may have from the requirements of the product 

description or specification(s). Failure of models to conform to the specification may result in rejection of 

the offer. Offerors shall also warrant that product submitted under any resultant contract shall 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 shall not be accepted by the 

Government. 

5. The Offeror shall provide a complete list of its PDMs submitted, with its technical proposal, to include 
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item, source of supply name and address, and item lot number. 

 Note: Late submissions of PDMs may be the basis for rejection of the proposal.

6. Refer to Section M-2, paragraph A, for the Technical Proposal/PDM evaluation process. 

L-4 Business/Price Proposal: 

1. 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).

2. Offerors may submit pricing for the COLD MORE and the HOT MORE, or may submit pricing for only 

the COLD MORE or only the HOT MORE. Pricing must be submitted for the COLD MORE and/or the 

HOT MORE for all five tiers on an F.O.B Destination basis. Failure to offer pricing on all five tiers of 

either 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.

 

3. Offerors may state their prices on the lines given below, or submit their prices separately in a similar format

 0001 COLD MORE 0002 HOT MORE 

Tier 1: $ ________ Tier 1: $ ___________ 

Tier 2: $ ________ Tier 2: $ ___________ 

Tier 3: $ ________ Tier 3: $ ___________

Tier 4: $ ________ Tier 4: $ ___________

Tier 5: $ ________ Tier 5: $ ___________

 

L-5 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.

3. Quality Systems Plan: Contractors must submit a Quality Systems Plan based on the requirements in 

Section E. This plan must be submitted with the offeror's initial offer.

4. Small Business/Subcontracting Plan (applicable to large businesses only): Contractors must submit a 
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SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS (CONTINUED)

Small Business/Subcontracting Plan based on the requirements stated in Section I-6. This plan must be 

submitted with the offeror's initial offer.

Note: Food quality and solicitation plan requirements can be found at the Troop Support Subsistence website 

https://www.dla.mil/TroopSupport/Subsistence/FoodSafety/FoodQuality/

 

Note: The successful awardee(s) will be required to maintain an acceptable Integrated Pest Management Plan, Food 

Defense Plan, QSP, and a Small Business/Subcontracting Plan. throughout the life of the contract. The awardee(s) 

must have an Integrated Pest Management Plan, Food Defense Plan, QSP, and a Small Business/Subcontracting 

Plan approved by the contracting officer within 45 calendar days after the award date. Failure to receive an 

acceptable rating on any one or more of these documents within 45 calendar days after the award date will be a 

breach of the contract for which the Government may exercise its available rights, including, but not limited to, 

terminating the contract. 

 

 

SECTION M - EVALUATION FACTORS FOR AWARD

M-1 Source Evaluation and Selection Procedures: 

 

A. Overview 

Subsequent to the date specified in the solicitation for receipt of proposals, all timely proposals will undergo a 

technical and a business evaluation as described below. Each evaluation factor will be evaluated separately and then 

an integrated assessment of the offer will be made by the Contracting Officer. If a decision is made to hold 

discussions, the Contracting Officer will make a competitive range determination (CRD) based on these evaluations 

and submit it to the Source Selection Authority (SSA) for approval. Unless award is made on the basis of initial 

proposals, written and/or oral discussions will be conducted with all offerors in the competitive range. Revised and/

or final proposal revisions resulting from discussions will undergo further similar evaluations. Finally, one or more 

proposals will be selected for award by the SSA, as described in paragraph (B), below. 

 

B. 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 so technically deficient as to make them incapable of being made technically acceptable will 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 date and time set for receipt of initial offers. 

2. Business Evaluation: Each proposal will be evaluated against the requirements of the solicitation. The 

Government will also evaluate prices for reasonableness as discussed in Subpart 15.305 and Subpart 15.4.

3. Selection: The Government will use the lowest price technically acceptable source selection procedures 
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SECTION M - EVALUATION FACTORS FOR AWARD (CONTINUED)

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 for non-price factors the price evaluation will be 

conducted, and award will be made 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 award(s) to the responsible, lowest-priced offeror(s), whose proposal(s) 

conforms to the minimum requirements of the solicitation. Offerors must be technically acceptable on all factors 

for all line items to be found technically acceptable for award. 

A. Evaluation of Product Demonstration Models (PDMs):

Refer to Section L-3 for Technical Proposal/PDM submission procedures. 

 

1. The U.S. Army, Combat Capabilities Command - 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 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 

shall 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 shall indicate an acceptable rating and an overall 

quality score of 1.00 through 5.99 shall indicate an unacceptable rating. PDMs must be rated as 

“Acceptable” prior to award, to be eligible for award. Should an offeror receive an “Unacceptable” 

rating on their initial PDM submittal, they will be given the opportunity to submit a Revised PDM in the 

event the Government opens negotiations. Revised PDMs that are submitted for a second and final 

evaluation shall be evaluated using the same criteria discussed above. Vendors are advised that if they 

have more than two (2) unacceptable PDMs after the second and final evaluation , their proposal will be 

found technically unacceptable and they will not be considered for award. 

 2. Offerors will be required to submit PDMs for each MORE component item, as specified in ACR-F-002C. 

If an offeror already holds an acceptable PDM for the same component under another contract, they can 

reference that PDM in their technical proposal. For referenced PDMs, the offeror must provide; the name 

of the component, lot number, date PDM was accepted, and contract number the PDM was accepted 

under. Additionally, the offeror must provide the written letter or email notification by DLA Troop 

Support that notified the offeror of that PDM's acceptance. Referenced PDMs shall not be more than 365 

calendar days old at close of solicitation (Note: If the solicitation closing date has been extended, then 

the Referenced PDMs shall not be more than 365 days old at the closing of the extended date specified 

via amendment). Periodic Review results of PDMs do not constitute as previously accepted PDMs that 

can be referenced as a part of the Technical Proposal.

B. Evaluation of Business/Price Proposal
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Refer to Section L-4 for Business/Price Proposal submission procedures. 

 

1. Award(s) will be based on the technically acceptable offer, with the lowest, overall price to the Government 

considering the overall evaluated price under a “per-line-item” evaluation approach. The Government will 

determine the lowest, total evaluated price per line-item. This will be accomplished by multiplying the 

maximum quantity for each item by the average of the unit prices offered for all five tiers of that respective 

item. The offerors' total evaluated price per line-item will be compared to determine the lowest, total 

evaluated price per line-item. The award(s) will be based on the lowest, overall evaluated price to the 

Government per-line-item. 

 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 B, for the Maximum IQC quantity. This number is being used for 

evaluation purposes only, and does not obligate the Government to order up to the stated Maximum IQC 

quantity. 

 

M-3 Additional Submission Requirements 

 

These required submissions will be reviewed for their acceptability, but will not be a factor towards the 

award decision(s). 

 

1. The Food Defense Plan will be reviewed to determine acceptability.

2. The Integrated Pest Management Plan will be reviewed to determine acceptability.

3. The Quality Systems Plan will be reviewed to determine acceptability.

4. The Small Business/Subcontracting Plan will be reviewed to determine acceptability.

NOTE: The successful awardee(s) will be required to maintain an acceptable Integrated Pest Management Plan, 

Food Defense Plan, QSP, and Small Business/Subcontracting Plan (if applicable) throughout the life of the 

contract. The awardee(s) must have Integrated Pest Management Plan, Food Defense Plan, QSP, and Small 

Business/Subcontracting Plan (if applicable) approved by the contracting officer within 45 calendar days after the 

award date. Failure to receive an acceptable rating on any one or more of these documents within 45 calendar 

days after the award date will be a breach of the contract for which the Government may exercise its available 

rights, including, but not limited to, terminating the contract

 

252.225-7032 WAIVER OF UNITED KINGDOM LEVIES - EVALUATION OF OFFERS (APR 2003) DFARS