SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000179490

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE 

DATE

4. ORDER NUMBER

SPE300-24-R-X008

5. SOLICITATION NUMBER

2024 MAR 12

6. SOLICITATION ISSUE 

 DATE

Gregory Barksdale PHPHBB9

a. NAME

Phone: 2157372071

b. TELEPHONE NUMBER (No Collect

 calls)

2024 MAR 27

8. OFFER DUE DATE/ 

LOCAL TIME

9. ISSUED BY CODE SPE300

DLA TROOP SUPPORT 

DIRECTORATE OF SUBSISTENCE 

700 ROBBINS AVENUE 

PHILADELPHIA PA 19111-5096 

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL 

BUSINESS

 WOMEN-OWNED SMALL BUSINESS 

 (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED 

 SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED 

VETERAN-OWNED 

SMALL BUSINESS

NAICS: 311812

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINATION UNLESS BLOCK IS 

MARKED

12. DISCOUNT TERMS 

 

13a. THIS CONTRACT IS A 

RATED ORDER UNDER 

DPAS (15 CFR 700)

 13b. RATING

 14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE 

 OFFEROR

FACILITY 

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK 

BELOW IS CHECKED

19. 

ITEM NO.

20. 

 SCHEDULE OF SUPPLIES/SERVICES

21. 

QUANTITY

 22. 

 UNIT

23. 

UNIT PRICE

24. 

AMOUNT

See Schedule

 

 

 

 

 

 

 

 

 

 

 

 

 

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND 

 

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY 

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER 

 

DATED . YOUR OFFER ON SOLICITATION 

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE 

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

1

SEE SCHEDULE

7. FOR SOLICITATION 

INFORMATION CALL:

SEE SCHEDULE

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION 

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

PAGE 1 OF 70
32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20. 

 SCHEDULE OF SUPPLIES/SERVICES

21. 

QUANTITY

 22. 

 UNIT

23. 

UNIT PRICE

24. 

AMOUNT

19. 

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT 

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT 

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 

CORRECT FOR 

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)
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SPE300-24-R-X008

BLOCK 8 (Continued): 

OFFER DUE DATE/ LOCAL TIME: March 27, 2024, at 3:00PM EASTERN STANDARD TIME 

BLOCK 9 (Continued): 

Email and DIBBS are the acceptable forms of transmission for submission of initial proposals. E-mailed submissions 

should be sent to: 

Gregory Barksdale, Gregory.Barksdale@dla.mil ; 

Amanda Quaile, Amanda.Quaile@dla.mil 

NOTES: 

INITIAL OFFERS: 

(1) Submitting offers via DIBBS electronic upload is authorized for this solicitation. A notice with instructions to 

vendors has been posted to DIBBs. The following notes apply: 

(a)The offer must be signed and completed in its entirety in accordance with the solicitation requirements. Do not 

select submit until all associated documents are added. No data will be saved unless the offer is submitted. Once 

submitted, documents may be added, but not removed. 

(b)Offerors are responsible for submitting proposals, and any revisions, and modifications, so as to reach the 

Government office by 3:00 p.m. Eastern Standard Time. 

(c)If the ability to upload proposals is unavailable for any reason, this does not constitute an acceptable reason for 

a late proposal. In that case, one of the other acceptable submission methods must be utilized. 

(2) Facsimile offers are NOT authorized for this solicitation. DIBBS-Upload-Offer-User-Help.pdf (dla.mil) 

(3) Offerors submitting proposals using email are advised that DLA Troop Support systems have certain email size and 

transmission limitations. Proposals must be prepared accordingly. Individual email attachments should not exceed 5MB 

in size, and no individual email should exceed more than 10 MB per email (multiple email submissions may be 

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

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

recipients. It is an offeror’s responsibility to ensure its entire proposal is received by the date and time specified 

is sufficient time to ensure and confirm receipt by the Government. DISCUSSIONS/NEGOTIATIONS: As directed by the 

Contracting Officer, facsimile and e-mail may be used during discussions/negotiations, if discussions/negotiations are 

held, for proposal revision(s), including Final Proposal Revision(s). 

BLOCK 17A. (Continued): 

OFFERORS: SPECIFY 

CAGE CODE: __________________________ 

FAX NUMBER __________________________ 

EMAIL ADDRESS________________________ 

COMPANY POC: ________________________ 

PHONE #: _____________________________ 

BLOCK 17B. (Continued): 

Remittance will be made to the address that the vendor has listed in the System for Award Management Database. (www.

sam.gov). Offeror’s assigned SAM Unique Entity Identifier (UEI): 

__________________________ 

(If you do not have a SAM Unique Entity Identifier (UEI), contact the individual identified in Block 7a of the SF 1449 

or see 52.212-1, Instructions to Offerors – Commercial Items (paragraph j) for information on contacting www.sam.gov 

to obtain one.) 

BLOCKS 19-24 (Continued): 

SEE SCHEDULE OF ITEMS (ATTACHMENT 1) 

AUTHORIZED NEGOTIATORS: 

The offeror represents that the following persons are authorized to negotiate on its behalf with the Government in 

connection with this request for proposal. Please list names, titles, e-mail addresses, and telephone numbers for each 

authorized negotiator. 

__________________________________________________________________________________________ 

__________________________________________________________________________________________
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Form

Standard Element has no Title

 

PID Data - Custom Clause

 

Insert (copy and paste) text for the PID information here 

 

 

 

 

 

SOW

 

CAUTION NOTICE 

 

THE CONTENT AND STRUCTURE OF SOLICITATION SPE300-24-R-X004 IS NEW. PLEASE READ CAREFULLY 

BEFORE SUBMITTING YOUR OFFER. 

 

The awardee will be required to have a computer system capable of accepting delivery orders and processing Electronic Data 

Interchange (EDI) transactions. This contract will require the contractor to have electronic commerce/electronic data 

interchange EC/EDI capabilities. 

 

All contractors who choose to conduct business with the Department of Defense must now be registered in the System of Award 

Management (SAM) database. 

 CONTRACTOR CODE OF BUSINESS ETHICS (NOV 2021) 

 

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

Contractors should have a written code of business ethics and conduct within thirty days of award. To promote compliance with 

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

program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and 

ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for 

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

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

federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code 

or a violation of the False Claims Act. (31 U.S.C. 3729-3733). 

 

If this solicitation or contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT; 

the contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due 

diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within 

their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity 

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

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

the contracting officer upon request by the contracting officer. 

 

DEFENSE BIOMETERIC IDENTIFICATION SYSTEM (DBIDS) REQUIREMENT and/or OTHER SECURITY PROGRAMS 

 

Many bases may require enrollment in a particular system for base security such as the Defense Biometric Identification System 

(DBIDS), or other similar system(s). Such systems manage access to Department of Defense (DoD) installations, and will not 

allow entry without clearance. During the contract start-up/ implementation period, the Contractor must contact all customer 
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locations to determine whether enrollment in DBIDS, or another security program is required for access to each location. If 

DBIDS, or other security enrollment is required, the Contractor must take all necessary steps to obtain this in time for the start of 

performance under this contract. Failure to have clearance may result in a vendor being turned away from the base and being 

unable to complete delivery. The Contractor is responsible for any costs associated with DBIDS, and/or other security program 

enrollment and must ensure that a properly enrolled driver is available for all deliveries. 

 

We currently estimate that DBIDS enrollment will cost about $250 per company and $200 per enrolled employee for 1 year of 

access to multiple locations, but the cost of DBIDS or other security enrollment may vary, so the Contractor should contact the 

specific security system contractor to determine its own costs. If more than one driver is required, enrollment must be obtained 

for each driver. Note that enrollment can take several weeks, so an awardee that is not already enrolled must begin enrollment 

at the time of award notification at the latest. If difficulty or delay in enrollment is encountered during the start-up/implementation 

period, the Contractor MUST contact the specific security system contractor and/or the Security Officer at the applicable 

customer locations to resolve any issues with processing enrollment so that the Contractor will be able to deliver as required. 

 

For additional information on current base security systems including DBIDS, including enrollment instructions, please visit their 

website at http://dbids.dmdc.mil. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CHECKLIST - DID YOU REMEMBER TO ????? 
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Form (CONTINUED)

 

 

 [ ] Fill in Block 17a, of 1449? 

 [ ] Fill in Block 17A. Continued, on the bottom of page 19? 

 [ ] Indicate remittance address and Unique Entity Identifier block 17B. Continued, on the bottom of page19, if different, in offer? 

 [ ] Sign Block 30a, name in Block 30b, and date in Block 30c.? 

 [ ] Sign and return any/all amendments? 

 [ ] Return one (1) COMPLETE & SIGNED copy of the solicitation? 

 [ ] Fill out all certifications and representations in solicitation or submit a copy of your firm's Online Representations and 

 Certifications Applications Registration from System for Award Management (“SAM”) website? 

 [ ] Submit prices for every item listed in the Schedule of Items (Attachment 1)? 

 [ ] Fill out Vendor Name, CAGE Code, and Unique Entity Identifier for Excel Spreadsheet cell B3 in Attachment 1 for all Groups 

 being offered on? 

 [ ] Checked box stating you intend or do not intend to use one or more facilities as a place of performance under Federal 

 Acquisition Regulation (“FAR”) 52.215-6 Place of Performance? 

 [ ] In accordance with the clause above, submit a separate list of places of performance, i.e. distribution centers / warehouse 

 locations that will directly support the proposed customers? Warehouses that function as backups should be designated as 

 such. 

 [ ] Submit a copy of current Wholesale Price List, Catalog Price Schedule or other documents containing commercial pricing 

 information. 

 [ ] Submit all documents electronically by emailing to Gregory Barksdale, Gregory.barksdale@dla.mil; and Amanda Quaile, 

Amanda.Quaile@dla.mil 

 through the DLA Bid Board System (“DIBBS”)? 

 

 

CAUTION: The above checklist is for convenience purposes only. This list is not intended to be all-inclusive. Offerors 

are responsible for carefully reviewing the entire Solicitation to ensure proper submission of all required information. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

STATEMENT OF WORK 

 
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I. INTRODUCTION 

A. Defense Logistics Agency (“DLA”) - Troop Support (“Agency”) intends to enter into an indefinite quantity contract(s) 

(“IQC”) with a commercial firm(s) to supply Fresh Milk & Dairy products to Department of Defense (“DoD”, or 

“Troop”) customers in the Montana Zone. Specific requirements per item are included in the Schedule of Items 

(Attachment 1). Failure to propose the specified requirement per item as identified in Attachment 1 may render an 

offeror's proposal technically unacceptable. 

A successful offeror(s) will be required to source, purchase, store, and deliver a variety of milk and dairy items to 

DLA Troop Support customers on an ongoing basis, while at the same time maintaining acceptable fill rates, levels 

of customer service, and product quality. Therefore, an offeror must currently possess the physical, logistical, and 

financial resources to serve as a commercial distributor of a variety of milk, and other dairy items. It is neither 

sufficient nor acceptable for an offeror to be a third-party logistics (“3PL”) company (i.e., a company that does not 

intend to serve as the milk, and dairy supplier but instead intends to subcontract out the majority of aspects 

required by the contract, including but not limited to ordering, warehousing, distribution, etc.). By offering, an offeror 

affirms its status as a current and functioning commercial distributor of milk and dairy items. In order to determine 

whether an offeror meets the technical requirement of being a current and functioning commercial milk and dairy 

distributor, the Contracting Officer will require an offeror to submit a copy of each third party warehouse audit 

(i.e., Sanitation Compliance and Enforcement Ratings of Interstate Milk Shippers or other state or federal 

sanitation inspection certificates). The audit report(s) must demonstrate that a passing score(s) was/were 

received. Please note that a request for the aforementioned information by the Contracting Officer will be used to 

make a determination of whether or not the offeror meets the technical requirement of being a current and 

functioning commercial distributor of milk, and other dairy products. This information is not being sought to 

determine an offeror's likelihood of success in performing the contract as would be the case in a responsibility 

analysis. 

B. The aforementioned zone is comprised of (1) Group in the area described above. Group 1: DoD Troop customers in 

Nevada for milk and dairy. The contract period for Group 1 will be from Sunday April 21, 2024 and ending on 

Saturday April 26, 2026. The Agency intends to award one contract. The offeror must support all of the customers 

in Group 1. Offerors are required to propose on all items in the Schedule of Items. Failure to do so may result in its 

proposal being deemed technically unacceptable and therefore excluded from further consideration for award. 

Because the Contracting Officer is not obligated to initiate negotiations, each offeror shall submit its most 

competitive proposal. Said proposal shall be responsive to all of the Solicitation's requirements and free from any 

deficiencies. 

C. This solicitation is being issued as unrestricted utilizing FAR 13.5 Simplified Procedures for Certain Commercial 

Products and Commercial Services with HUBZone evaluation preference under full and open competition 

procedures. North America Industry Classification System (NAICS) code is 311511 and the size standard is 1,150. 

D. This Solicitation utilizes the Lowest Price Technically Acceptable (“LPTA”) Source Selection Process. The length of 

the contract is 24 months (2 years). 

E. Any award resulting from this Solicitation will be an Indefinite Quantity Contract (IQC) that is fixed in price. The IQC 

will provide for an indefinite quantity, within stated limits, of specific supplies or services to be furnished during a 

fixed period, with deliveries to be scheduled by placing orders with the contractor (reference FAR 16.504(a)). 
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II. EFFECTIVE PERIOD OF CONTRACT 

A. Any resulting contract from this Solicitation will not exceed two years commencing on the effective date of April 21 , 

2024, or the maximum dollar value does not exceed $250,000, whichever occurs first.

III. TIERS 

A. This is a two-year (24 month) contract with no Tiers. 

IV. ESTIMATED DOLLAR VALUE / GUARANTEED MINIMUM / MAXIMUM 

A. The following chart includes the 24 month estimated dollar value, along with the 10% guaranteed minimum fixed firm 

dollar amounts, which is calculated as a percentage of the first 12 months of estimated dollar values, respectively. 

The estimated maximum is the total maximum dollar value of SIDC Threshold of $250,000.00. 

B. NOTE: The guaranteed minimum, which is shown in the “Guaranteed Minimum” column below, constitutes the 

Agency's full legal obligation as to its ordering requirements. Once this obligation is met, there is no further ordering 

obligation on the part of the Agency regardless of what tier period said obligation is met within.

V. CONTRACT START-UP PERIOD 

A. After an award is made, the Contractor (also referred to as the Awardee) will be required to take steps to implement 

its new contract prior to initial ordering/delivery. This may include but is not limited to invoicing (STORES), sourcing 

new items, finalize delivery schedule per customer location, base access, etc. The timeline for the “start-up” period, 

as described above, is not included in the contract 24 month period. 

VI. ELECTRONIC ORDERING CATALOGS 

An offeror that receives an award will be required to maintain electronic catalogs (STORES) that list all items available 

to the customers covered under this solicitation. Each item in the catalog shall contain the corresponding national or 

local stock number (as appropriate), Government item description, packaging characteristics, unit of issue, and unit 

price. 

A. Catalog Maintenance 

1. New Items 

(a) If a customer seeks to order a Milk and/or Dairy item that is not a part of the catalog after the 

customers' ordering period commences (i.e. post “start-up” period), the Contractor will be afforded 

a maximum of 10 days to source the item and have the item added to the ordering catalog. The 

final step prior to the item being “live” on the catalog is for the Contracting Officer to determine the 

item's price “fair and reasonable.” Once this is complete, the item should remain a constant within 
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the contractor's inventory, subject to availability issues. When requesting all item approvals 

(including new additions and/or changes to an existing item, such as pack size, etc.) with the 

Contracting Officer, the Contractor shall use the “Request for New Item” Form (Attachment 3). This 

form is mandatory and without it, no new items or changes to existing items will be processed by 

the Contracting Officer. 

2. Catalog Pricing 

(a) Schedule of Items Pricing: Items priced in the Schedule of Items (see Attachment 1) will be 

included in the ordering catalog following award. Schedule of Items will be determined fair and 

reasonable prior to award. 

(b) Contractor-Requested Catalog Price Changes: Upon award, all items included in the Solicitation's 

Schedule of Items that ultimately are included in the ordering catalogs have been deemed “fair and 

reasonable” from a pricing standpoint by the Contracting Officer. 

(c) Contractor-Requested Catalog Additions: Before an item is added to the catalog, the Contractor is 

required to submit to the Contracting Officer the “Request for New Item” Form as previously

addressed (see Attachment 3). Said request shall include the stock number, Government item 

description including the quality grade of the item (if applicable), proposed unit price with a 

corresponding supplier invoice or quote (quotes permitted in very limited circumstances as 

approved by the Contracting Officer; e.g. Contractor never purchased item before. The Contracting 

Officer will review the catalog addition request and upon determining the price fair and reasonable 

will contact the Contractor to indicate acceptance. The item once accepted will be added by the 

Contracting Officer to the catalog. Should the proposed price fail to be determined “fair and 

reasonable,” the Contracting Officer will conduct negotiations with the Contractor. If, after 

negotiations, the proposed price still cannot be determined “fair and reasonable,” the item will not 

be added to the catalog. 

(d) Pricing Requirements: The Contractor's catalog prices, as awarded, constitute the initial catalog 

prices. The prices shall remain in effect for all subsequent ordering periods except as otherwise 

adjusted in accordance with the EPA provision.

VII. ECONOMIC PRICE ADJUSTMENT (EPA) - ESTABLISHED MARKET PRICE - MILK 

A. To the extent that contingent cost increases are provided for by this clause, the Contractor warrants that prices 

included in the contract do not include any amount to protect against such contingent cost increases. 

B. This EPA clause applies to skim milk and butterfat fluid milk products classified as class I milk only (i.e., whole milk, 

fat-free milk, low fat milk, light milk, reduced fat milk, milk drinks, eggnog and cultured buttermilk, including any such 

beverage products that are flavored, cultured, modified with added nonfat milk solids, sterilized, concentrated, or 

reconstituted. As used in this paragraph, the term concentrated milk means milk that contains not less than 25.5 

percent, and not more than 50 percent, total milk solids). Any package sizes other than gallons will be pro-rated 

based upon the price adjustment per gallon. 

C. Class I milk, as described in this clause, is subject to the regulations of the United States Department of Agriculture 
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under the Federal milk marketing orders. 

D. The economic indicator for the purpose of prospective adjustments to contract prices under this clause shall be the 

Class I price [(base skim milk price for Class I times 0.965) plus (advanced butterfat pricing factor times 3.5)] in the 

announcement of advanced prices and pricing factors released by the U.S. Department of Agriculture, Agricultural 

Marketing Service, dairy programs. The announcement is released on the Friday before the 23rd of the month 

unless the 23rd of the month falls on a Friday in which case, Friday the 23rd will be the release date. 

E. Price adjustments shall be based on the following: 

(1) The "base price" for the purpose of the initial adjustment calculation under this clause shall be the current month 

price of the economic indicator in effect at (i) the closing date for proposals, if no discussions are held, or (ii) the due 

date for final proposal revisions, if discussions are held. The "base price" for each subsequent monthly adjustment 

calculation shall be the adjusting price from the previous month. 

(2) The "adjusting price" shall be the monthly price of the economic indicator released following the month used to 

determine the "base price". 

F. For the purpose of price adjustments pursuant to this clause: 

(1) Adjustments will be made in increments of $0.01 per gallon when and only when the change per gallon 

either direction is equal to or greater than +/-$0.0100. 

(2) Adjustments in excess of $0.0100 per gallon and in excess of $0.0050 for units other than a gallon (i.e., half 

gallon, quart, pint and half pint) will be rounded to two decimal places to accommodate systems 

requirements of the subsistence total order receipt electronic system (STORES), as follows: 

 $0.0050 to $0.0099 = $0.01 

 $0.0100 to $0.0149 = $0.01 

 $0.0150 to $0.0199 = $0.02 

 $0.0200 to $0.0249 = $0.02 

 $0.0250 to $0.0299 = $0.03, etc. 

(3) One hundred weight (CWT) as used in the price of the economic indicator equates to 11.63 gallons of milk 

deliverable under this contract. 

G. Promptly following release of the announcement of advanced prices and pricing factors applicable to the following 

month, the Contracting Officer shall compute the adjustments, if any, to the current contract prices for the purpose of 

determining any revised prices applicable to orders for the next month in the manner detailed below: 

(1) Compute adjusting price. 
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(2) Compute base price. 

(3) Compute change from base price. 

(4) Convert the price change to price per gallon. 

(5) Compute price change for other units other than a gallon. 

(6) Round price adjustment(s) from lines (4) and (5) to nearest $0.01 increment (see paragraph (f)(2)). 

(7) Compute adjusted contract unit price(s). The following sample price computation is an illustration using 

January as the base price and February as the adjusting price. 

(a) Adjusting price 

Base skim milk price for Class I: 

 $7.72 CWT X 0.965 $ 7.4498 

Advanced butterfat pricing factor: 

 $0.9302 LB X 3.5 $ 3.2557 

 Class I Price: 

 $10.7055 

(b) Base price base skim milk 

Price for Class I: 

 $7.72 CWT X 0.965 = $ 7.4498 

Advanced butterfat pricing factor: 

 $0.9854 LB X 3.5 = 3.4489 

Class I Price: 

 $10.8987 

(c) Change from base price pe CWT= ($0.1932) 
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(d) Price change per gallon Line (3) divide by 11.63 gallons/cwt= ($0.0166) 

 Price change per half gallon=($0.0083)

 Price change per quart= ($0.0042)

 Price change per pint= ($0.0021) 

 Price change per half pint= 0.0010 

 Price adjustment per gallon= ($0.02) 

 Price adjustment per half gallon=($0.01) 

 (e) Price change per quart= $0.00 

 Price change per pint= $0.00 

 Price change per half pint= $0.00 

(f) Adjusted contract unit price 

 Item per gallon= (current unit price - $0.02) 

Item per half gallon= (current unit price $0.01) 

Item per quart = (No adjustment) 

Item per pint= (No adjustment) 

Item per half pint= (No adjustment)

H. Revised prices will become effective on the 1st Sunday of the next month and will remain in effect until the next price 

change occurs. 

I. Price adjustments pursuant to this clause will not be made by separate contract modifications. Adjustments will be 

implemented by the government as follows, and these actions shall constitute a modification to the contract: 
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(1) The adjusted contract unit price(s) for the following month will be input in STORES, 

(2) A facsimile transmission will be sent to Contractors who do not have electronic access, and 

(3) The calculations used to derive the adjusted contract unit price(s) for the following month will be posted on 

the Internet. 

J. The aggregate of the increases in any contract unit price under this clause shall not exceed 30% of the original 

contract unit price. The original contract unit price is the price in effect on the date of award. If at any time during the 

term of the contract, a proposed economic price adjustment will exceed this ceiling, the Government reserves the 

right to raise this ceiling where changes in market conditions during the contract period support an increase. There 

is no percentage limitation on the amount of downward adjustments that may be made under this clause. 

K. In the event publication of the economic indicator is discontinued or its method of calculation substantially altered so 

that it no longer reflects market prices, the parties shall mutually agree upon an appropriate substitute for price 

adjustment(s) under this clause. 

(1) Any dispute arising under this clause is subject to the "disputes" clause of the contract. 

 

VIII. BUY AMERICAN ACT

A. The Buy American Act, contained in Federal Acquisition Regulation (“FAR”) 52.225-1 and included in this 

solicitation, is applicable. This regulation mandates that all food items, including milk and dairy items, provided 

under the instant solicitation and resulting contracts be produced and manufactured in the United States. 

IX. ADDITION OF NEW CUSTOMERS 

A. Adding Customers within the Contract's Geographic Distribution Region/Zone: 

1. After contract award, there may be instances when new customers request support of their fresh milk and dairy 

requirements. Additional DoD and/or Non-DoD federal government customers that request DLA Troop Support 

fresh milk and dairy support may be added to the contract without any new acquisition or competition process, if 

the customer(s) is/are within the geographic distribution region/zone covered by this contract. 

2. The decision as to whether a potentially new customer is within the contract region or zone and, thus, will be 

added to the contract without further competition and at the existing contract prices, shall be the sole decision of 

the DLA Troop Support Contracting Officer. 

3. Pursuant to the above, the Contracting Officer will instruct the contractor to include the customer(s) at the 

effective contract prices applicable to that distribution zone/region. 

B. Under no circumstance may the resulting contract's maximum dollar value be exceeded with the addition of any 

customer(s) and its respective milk and dairy requirements. 

X. CUSTOMER SERVICE 

A. The contractor(s) shall treat each of the customers covered under the contract as one of its best customers. 
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Therefore, any treatment and/or customer service policy given to other essential accounts shall also be given to the 

customers covered under the resulted contract. 

B. Troop and other customers conduct periodic food menu boards and similar meetings that the Contractor may be 

required to attend. At these meetings, the customers typically review their internal business practices and may 

request that the Contractor show new products and/or provide nutritional information. 

XI. ORDERING SYSTEMS 

A. Subsistence Total Order & Receipt Electronic System (“STORES”): DoD customers will order using the STORES 

catalog as applicable.

1. Accessed via the Internet, STORES is the Government's translator/ordering system that is capable of accepting orders 

from any of the Services', i.e. Army, Air Force, Navy, or Marines, individual ordering systems and translating them into an 

Electronic Data Interchange (“EDI”) format. In addition, this information is passed to DLA Troop Support for the purposes 

of contractor payment and customer billing. 

2. Customers will be able to order all of their requirements through STORES. The System will transmit orders to the 

Contractor and DLA Troop Support. 

3. The Contractor is required to interface with STORES and must be able to support the following EDI transactions: 

810 Electronic Invoice 

820 Payment Voucher Information 

 

Note: A complete description of these transaction sets is included in the “EDI Implementation Guidelines” and can be 

found at http://www.dla.mil/TroopSupport/Subsistence/Doing-Business-with-Sub/STORES/, click STORES and EDI 

Requirements.

4. The Contractor shall have access to the Internet and be able to send and receive electronic mail (email). 

5. Unit prices must be formatted not more than two (2) places to the right of the decimal point in all ordering catalogs. 

Standard rounding methods must be applied. For example, a price of $2.215 or higher must be rounded up to $2.22 and 

a price of $2.214 or lower must be rounded down to $2.21. 

6. Contractors are required to utilize the Government's item descriptions on all invoices, delivery tickets to the customer, and 

810 invoice transaction set. 

7. The Contractor will utilize the DLA Troop Support invoice reconciliation process, or other such systems as may become 

available, to the maximum extent, towards the goal of correcting invoices early and facilitating the payment process. 

8. In the event the STORES system or the Contractor's interface is not operational, the Contractor must provide alternate 

ways for the customer to order (e.g., by fax by phone, pick up orders, etc.) 

9. Public Key Infrastructure (“PKI”)/ External Certificate Authorities (“ECA”) Certificates: The Department of Defense 

(“DoD”) PKI Certificate will be required for all DoD users. A DoD PKI certificate will be required for all contractors. The 

requirement for PKI certificates is implemented in accordance with DoD security policy promoting secure electronic 

transactions. 

(a) Obtaining a PKI certificate: 

(i) Contractors who do not work on-site at a Department of Defense facility may purchase a DoD PKI certificate 

from one of three External Certificate Authorities (“ECAs”). The ECAs are vendors who provide digital 

certificates to DoD's industry partners who are using their own equipment or working in non - Governmental 

facilities. Certificate prices range from $99 - $179 per certificate per year, with volume discounts at some 

ECAs. A list of ECAs is available at the following web address: https://home.daas.dla.mil/daashome/

pki_contacts.asp

(ii) Each contractor must fully comply with the DoD requirement to implement PKI in order for our information 
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systems to remain secure and viable. 

 

XII. ORDER PLACEMENT and ADJUSTMENTS/CANCELLATION OF ORDERS 

A. The minimum order requirement for any resultant contract is $100.00. This requirement shall be based on the aggregate total of 

orders for a specific delivery date to all customers located within a particular military base or delivery location. 

B. Customers shall place orders via STORES to accommodate at a minimum a 2-day lead time, i.e., “skip day” delivery. For example, 

an order placed on Monday, September 1st would have a required delivery date of Wednesday, September 3rd. Orders shall 

generally be sent by the customer no later than 10:00 a.m. to allow the vendor to receive order the same business day. However, 

a customer may decide to place an order with a longer lead-time for delivery, except as noted under the - “Holidays” subsection 

under the “Deliveries and Performance” section of this Solicitation. 

C. Once submitted through the applicable electronic ordering system (STORES), an order may be cancelled by a customer up to 24 

hours before scheduled delivery via written notification to the Contractor and the Contracting Officer. Within less than 24 hours 

from delivery, an order may be cancelled by mutual agreement between the customer and the Contractor. In the event of an act

of God, such as extreme weather, the specific situation regarding a cancelled delivery will be dealt with in an equitable manner by 

the Contracting Officer, who has the ultimate authority and discretion to resolve said issues. (SKIP DAY) 

D. Adjustments - For procedures discussing adjustments to order, refer to Attachment 4 (STORES manual) 

 

XIII. ITEM AVAILABILITY 

A. The vendor must have the ability to provide to the customers a range of Milk and Dairy items in sufficient quantities to fill all customer 

requirements and maintain the overall 97% contract fill rate. All supplies shall be delivered on a “fill or kill” per line-item basis (i.e. If a 

Contractor cannot fill a line item, the line item dies). Therefore, item substitutions are not authorized. 

B. The vendor shall notify the customer same day and no later than 24 hours after order placement, of the non-availability of an item. The 

customer may choose to replace the non-available item with another item from the contract catalog by placing a new, separate order 

for the item in STORES as applicable. The vendor must provide the customer with ample time to re-submit an order of an alternative 

item(s) before the Required Delivery Date (RDD). Assuming the proper procedure is followed, this circumstance (i.e., replacement of 

a NIS item with a separate order for another catalog item) will not negatively impact a vendor's fill rate. 

 

XIV. PACKAGING, PACKING, LABELING, AND MARKINGS

A. All packaging and packing shall be in accordance with good commercial practice. Labeling shall be in accordance with commercial 

labeling complying with the Federal Food, Drug and Cosmetic Act and regulations promulgated there under. Shipping containers 

shall comply with the National Motor Freight Classification and Uniform Freight Classification Code. 

 B. All items must be identified with readable dates (open code dates), coded dates. 

C. Protection during inclement weather is required. All products that are susceptible and sensitive to temperature must be protected 

by any means to prevent damage.

 

XV. DELIVERY INSTRUCTIONS 

A. Contractors shall ensure all products are delivered in sanitary trucks that are of a commercially acceptable standard. If applicable, 

all delivery trucks must be equipped with a lift gate to expedite the offloading of products. Trucks shall maintain proper 

temperatures in accordance with standard commercial practices. Deliveries shall be FOB Destination to all delivery points. 

Delivery will be completed when the Contractor has unloaded the order(s) from the vehicle and placed them on the dock, and 

customer-receiving personnel has accepted the delivery ticket, in accordance with Section XVI below. All items will be delivered 

to customer locations free of damage and with all packaging and packing intact. See Attachment 2 Delivery Schedule. 

B. Customers' delivery schedules (days and times), routes, and stop-off sequences will be coordinated and verified with the 

customers on a post-award basis by the Contractor immediately following award and on an annual basis as required. On average, 

each Troop customer receives one to three deliveries per week. However, these schedules may be revised as necessary on a 

case-by-case basis at the approval of the Contracting Officer. 

C. Products for individual customers/dining facilities must be segregated. Many of the military bases have more than one delivery 

point. All products shall be segregated by drop-off point and loaded into the delivery vehicle in reverse drop sequence. The intent 
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is to provide expeditious off-loading capability and delivery to the customers. 

D. The Contractor shall ensure that the personnel loading and delivering the product provide professional, prompt, and efficient 

service to the customer. Failure to adhere to these standards will be reported to the Customer Representative and the 

Contracting Officer by the affected customer(s) whereby appropriate corrective action will be coordinated with the Contractor. 

 

XVI. INSPECTION AND ACCEPTANCE 

A. Inspection and acceptance of products will be performed at destination. The inspection is normally limited to identity, count and 

condition; however, this may be expanded if deemed necessary by either the military, Veterinary Inspector, Dining Facility 

Manager, Food Service Advisor/Officer, or the Contracting Officer. All deliveries are subject to Public Health/Military Food 

inspections. Delivery vehicles may be required to stop at a central location for inspection before proceeding to the assigned 

delivery point(s). In addition, the delivery vehicles will be inspected for cleanliness and condition. The Food Service Officer 

(and/or) Authorized Receiving Official (ARO) at each delivery point (are/is) responsible for coordinating or conducting 

the inspecting and accepting of products as they are delivered. All overages, shortages, and/or returns are to be 

annotated on the delivery ticket by the receiving official and print and signed by the truck driver. A signature on the 

delivery ticket/invoice denotes acceptance of the product subject to inherent defects within 24 hours after delivery.

 

 If directed by the KO and or requested by the customer, the Contractor's delivery vehicles will stop and report to the Public 

 Health\Military Food inspection points as designated for inspection of products before proceeding to any other designated 

 delivery point. The invoice/delivery ticket shall not be signed prior to inspection of the product. Supplies transported in 

 vehicles that are unsanitary, or which are not equipped to maintain prescribed temperatures, may be rejected without further 

 inspection. Failure to identify latent defects or similar issues at time of acceptance will not absolve the Contractor of its liability 

 or preclude the customer From obtaining appropriate remedy upon the timely discover of said defects or issues after-the-fact. 

 In this circumstance, the customer shall notify the Customer Representative who will coordinate with the Contracting Officer 

 in seeking an appropriate resolution. 

B. The authorized Government receiving official at each delivery point is responsible for inspecting and accepting products as they 

are delivered. The delivery ticket shall not be signed prior to the inspection of each product. All overages/shortages/returns are to 

be noted on the delivery ticket by the receiving official and truck driver. The authorized Government receiving official's signature 

and printed name on the delivery ticket is required for acceptance of the product. All signatures MUST be legible along with a 

printed name and title block. Failure to adhere to this requirement may result in disputes going against that party as its failure can 

severely limit the Contracting Officer's judgment. 

C. Delivery Ticket and related information. No electronic invoice may be submitted for payment until acceptance is verified. 

1. Troops: The Contractor shall provide three copies of the delivery ticket with the shipment. The first copy is provided to the 

receiving official (i.e. the customer) who will use the delivery ticket as the new receipt document. The second copy will be 

retained by the Contractor (or its agent) for invoicing and the final copy will be forwarded (either as the driver leaves the 

base or faxed/emailed with 24 hours of delivery) to the Fleet Logistics Center “FLC” or Fleet Industrial Supply Center 

“FISC” located at the prospective Base. 

 

XVII. AUTHORIZED RETURNS 

A. The Contractor shall accept returns under the following conditions: 

 1. Products shipped in error. 

 2. Products damaged in shipment. 

 3. Products with concealed or latent damage. 

 4. Products that are recalled. 

 5. Products that do not meet shelf-life requirements. 

 6. Products that do not meet the minimum quality requirements as defined for the items listed in the schedule. 

 7. Products delivered in unsanitary delivery vehicles. 

 8. Quantity excess as a result of catalog error by the Contractor. 

 9. Products that do not comply with DFARS 252.225-7012 Preference for Certain Domestic Commodities (Berry Amendment). 
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10. Any other condition not specified above that is deemed by the customer to be valid reasons for return, confirmed by the 

 Contracting Officer within his/her discretion. 

 

XVIII. REJECTION/RETURN PROCEDURES 

A. In the event an item is returned for any of the reasons cited in Section XVI., the delivery ticket/invoice shall be annotated as to the 

item(s) rejected/returned. These items shall then be deducted from the delivery ticket/invoice. The invoice total must be adjusted 

to reflect the correct dollar value of the shipment. Replacements will be authorized based on the customer's needs. On an asneeded basis determined by customer need, same day re-delivery of items that were previously rejected shall be made, so that 

the customer's food service requirements do not go unfulfilled for that day. The re-delivered items will be delivered under a 

separate invoice utilizing the same call number, contract line-item number, and purchase order number for the discrepant line. 

These re-deliveries will not constitute an emergency order requirement. 

B. In the event a product is rejected after initial delivery is made, the Contractor will pick up the rejected product or make other 

disposition arrangements deemed acceptable by the customer. Credit due to the ordering activity as a result of the rejected 

product being returned, will be handled through a receipts adjustment process in STORES. If the Contractor has already been 

paid for the product, a claim will be issued through DLA TROOP SUPPORT's financial system and the Contractor shall promptly 

pay the claimed amount. In all cases, one (1) copy of the credit memo is to be given to the customer and one (1) copy of the credit 

memo is to be sent to the DLA TROOP SUPPORT Contracting Officer. 

C. It is a requirement of this solicitation that product shall be inspected upon receipt as promptly as practicable. However, failure to 

promptly inspect or accept supplies shall not relieve the contractor from responsibility, nor impose liability on any of the customers, 

for nonconforming supplies. See FAR clause 52.212-4, paragraph (o) and addendum to clause 52.212-4, paragraph 1.

 

 

XIX. INVOICING 

A. Each delivery will be accompanied by the Contractor's delivery ticket/invoice. The customer shall sign all copies of the invoice/

delivery ticket. Any changes must be made on the face of the delivery ticket/invoice; attachments are not acceptable. See 

Section XV, para. C.

B. No paper invoices shall be submitted to DFAS for payment. For all orders placed via STORES, invoicing for payment is to be filed 

electronically using EDI transaction set 810 (see https://www.troopsupport.dla.mil, Select supply chains: Select Subsistence, 

Select Information: Select Stores & EDI Requests for EDI guidelines). 

C. All invoices submitted by the Contractor must be “clean”, i.e., all debits and/or credits must be reflected on the invoice prior to its 

submission. The Contractor is required to ensure the accuracy of its invoices. The Reconciliation Tool in STORES provides the 

Contractor the ability to ensure said accuracy. 

D. All internal debit/credit transactions must be completed prior to the submission of the invoice. Invoice lines that do not 

contain the correct invoice data and/or contain incorrect quantities delivered or prices charged will be rejected. The Contractor will 

be responsible for correction and re-submission. 

E. The same invoice cannot be submitted with different dollar amounts. 

F. Any manually keyed, or emergency, orders must contain the word “Emergency” in the Purchase Order field when the invoice is 

submitted for payment. In addition, the CALL number and contract line-item number (CLIN) will be entered as “9999” on the 

invoice. Failure to follow this procedure may result in the rejection of the Contractor's invoice. 

G. For catch weight items, standard rounding methods must be observed, i.e. less than .5 is rounded down; greater than or 

equal to .5 is rounded up. All weights must be rounded to whole pounds using standard rounding methods. Any line 

submitted for other than whole numbers will be rejected and require correction and re-submission by the Contractor. Note: 

Currently, no catch weight items apply to this Solicitation. This does not preclude the possibility that catch weight items may be 

added in the future for certain items. 

H. Unit prices and extended prices must be formatted not more than two (2) places to the right of the decimal point. Standard 

rounding methods must be applied. For example, a price of $2.215 or higher must be rounded up to $2.22 and a price of $2.214

or lower must be rounded down to $2.21. 

 
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I. Although invoices must be submitted electronically via an 810 Electronic Invoice; the following address must appear in the “Bill To” 

or “Payment Will Be Made By” block of the Contractor's invoice. 

DFAS - Columbus Center (SL4701) 

Attn: DFAS-BVDP 

P. O. Box 369031 

Columbus, OH 43236-9031 

 

Each invoice shall contain sufficient data for billing purposes. This includes, but is not limited to: 

1. Contract Number 

2. Call or Delivery Order Number 

3. Purchase Order Number 

4. DoD Activity Address Code (DODAAC) 

5. Contract line item numbers (CLINs) listed in numeric sequence (CLIN order) 

6. Item nomenclature 

7. Local Stock Number (LSN) or National Stock Number (NSN), as applicable 

8. Quantity purchased per item in DLA Troop Support's unit of issue 

9. Total dollar value on each invoice (reflecting changes to the shipment, if applicable) 

J. Invoice transactions may be submitted to DLA Troop Support daily. All internal debit/credit transactions must be completed prior to 

the submission of the invoice. Invoice lines that do not contain the correct invoice data and/or contain incorrect quantities 

delivered or prices charged will be rejected. The Contractor will be responsible for correction and re-submission. 

K. Invoice Reconciliation. The following tools have been developed to provide an additional method for the Contractor to ensure the 

accuracy of its own internal accounting process. 

1. For STORES: Vendor Reconciliation Tool - In an effort to improve the payment process, Contractors are required to view 

what the customer has or has not receipted via the DLA Troop Support STORES website: https://www.stores.dla.mil/

stores_web/Admin_Logon.aspx. The Contractor will have access to “un-reconciled” information, i.e., the invoice does not 

match the receipt because of the quantity and/or price discrepancy or because the customer has not posted a receipt. Both 

invoice information and receipt information will be available for review on the website by the Contractor. While the 

Contractor will not have the capability to update customer receipt information, update capability will be available for unreconciled invoice information for 120 days. It is the Contractor's responsibility to ensure accurate invoices. 

 

 

XX. FILL RATE 

A. Order fill rates shall be calculated by the Contractor on an on-time, per order basis and tracked for monthly submission to the 

Contracting Officer/Account Manager. To ensure accuracy in the Contractor's reported fill rates, the Government will utilize its 

own internal data for comparison purposes. The fill rate shall be calculated as follows and shall not include mis-picks, damaged 

cases or rejected items (No other method of calculating fill rate will be accepted):

 

Items accepted * 100 = fill rate %

Items ordered 

 

B. Definitions:

1. Items Accepted: Product that the customer has received and receipted not including damaged items, rejected items, or 

mis-picks. 

2. Items Ordered: Product ordered by a customer through STORES. 

 

C. Contractor is required to maintain at a minimum a 97.00% fill-rate. 

 
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D. The Contractor will submit a monthly report, by customer, to the DLA Troop Support Contracting Officer with the following 

information: 

1. Fill Rate 

2. List of all items that were Not in Stock, Returned, Damaged, and/or Mis-picked. 

 

 

XXI. HOLIDAYS 

A. All orders are to be delivered on the specified delivery date, except for Federal holidays, as outlined below. When a scheduled 

delivery day falls on one of these days, delivery should occur on the next business day, unless otherwise agreed to by the 

customer. 

New Year's Day Labor Day 

Martin Luther King Jr's Birthday Columbus Day 

Presidents' Day Veterans Day 

Memorial Day Thanksgiving Day 

Juneteenth Day Christmas Day 

Independence Day 

 

B. Note: Holidays falling on a Saturday are normally observed on the preceding day (Friday); holidays falling on a Sunday are 

normally observed on the following day (Monday). 

 

 

XXII. EMERGENCY ORDERS 

A. Troop requirements can accelerate and surge during wartime, civil emergencies, natural disasters, adverse weather or other 

conditions. Therefore, last minute ordering may take place as necessary to fulfill customers' requirements. 

B. For Troop customers, the contractor will provide up to one emergency order per month per customer at no additional cost to the 

Government. As specified by the customer, all emergency order(s) for supplies must be same day or next day. Expeditious 

fulfillment of the emergency requirement is imperative. Unless otherwise noted by the Contractor, the Contractor's Tailor Vendor

Logistics Specialist (“TVLS”) or Customer Service Representative (“CSR”) will be the point of contact for emergency orders, and 

will vet the appropriateness of such a request. 

 

XXIII. FOOD DEFENSE 

A. DLA Troop Support Subsistence Directorate provides world-wide subsistence logistics support during peace time 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 to ensure measures are taken to prevent the deliberate 

tampering and contamination of subsistence items. The Contractor must ensure that products and/or packaging have not been 

tampered with or contaminated throughout the growing, storage, and delivery process. 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. 

B. As the holder of a contract with the Department of Defense, the Contractor should be aware of the vital role it plays in supporting 

the Agency's customers. It is incumbent upon the Contractor to take all necessary actions to secure product delivered to all 

military customers, as well as any applicable commercial destinations. 

 

 

XXIV. PRODUCT QUALITY 

A. Commercial standards shall be used to maintain temperatures appropriate for individual Milk and Dairy items during storage and 

delivery to DLA Troop Support customers. 

 1. Freshness Requirements: 

(a) Acceptance of supplies awarded under this solicitation will be limited to fresh product. All products delivered 

under this contract must conform to the following freshness requirements. Fluid dairy products and other dairy 

products shall have sufficient remaining shelf life commensurate with good commercial practice. Each 

container, carton, etc. shall have visible, legible and understandable “sell-by-date” or equivalent 

(b) All products delivered under this contract must conform to the following freshness requirements: 
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(i). Dairy products shall include mold inhibitors of the proper level as allowed by the FDA. 

(ii). Milk, Whipping Cream (fresh), Cream (fresh) and Half-and-Half (fresh), Ice Milk Mix,Fresh (soft serve), Milk 

Shake Mix, Fresh (direct draw), Buttermilk and Eggnog must be delivered with a minimum 10 days shelf life 

remaining. 

(iii). Whipping Cream (ultra-pasteurized), Half-and-Half (ultra-pasteurized) and Cream (ultra- pasteurized) must 

be delivered with a minimum 14 days shelf life remaining. 

(iv). Cottage Cheese, cultured and acidified, normal and extended shelf life must be delivered with a minimum 

14 days shelf life remaining. 

(v). Sour Cream must be delivered with a minimum 21 days shelf life remaining. 

(vi). Yogurt must be delivered with a minimum of 18 days shelf life remaining. 

(vii). Ice Cream must be delivered with a minimum 120 days shelf life remaining. 

 

 

 

XXV. QUALITY PROGRAM 

A. The Contractor shall develop and maintain a quality program for the product acquisition, warehousing, and distribution to assure the 

following: 

 1. Standardized product quality. 

2. Wholesome product by veterinary standards. 

3. The usage of First-In, First-Out (“FIFO”) principles and/or First-Expired, First-Out (“FEFO”). 

4. Product shelf life managed and monitored (by date of pack/production of the item). 

5. Items are free of damage. 

6. Correct items and quantities are selected and delivered. 

7. Ensure requirements of the Berry Amendment are met. 

8. Customer satisfaction is monitored. 

9. Product discrepancies and complaints are resolved, and corrective action is initiated. 

10. Supplier, FDA, or DoD initiated food recalls are promptly reported to customers and DLA Troop Support Contracting 

Officer. 

11. Compliance with EPA and OSHA requirements. 

12. Distressed or salvaged items or products shall not be used. 

13. Commercial standards are used to maintain temperatures appropriate for individual items. 

 

B. The Contractor is responsible to contract for independent third-party warehouse audits for each proposed place of performance as 

part of any resultant contract. At a minimum, the third-party audits are to take place annually and submitted to the Contracting 

Officer within 30 calendar days of completion of audit. The contractor must achieve a passing score without major deficiencies in 

order to continue performance under any resultant contract. The contractor is to submit a copy of each third-party warehouse 

audit (i.e., American Institute of Baking (AIB) certification, other state or federal sanitation inspections) to the Contracting Officer 

prior to contract award. Failure to submit timely and complete audit reports may result in termination of the contract (Third party 

warehouse audits exclude Government agency audits). 

 

XXVI. WAREHOUSING AND SANITATION PROGRAM/STORED PRODUCT PEST MANAGEMENT 

A. The Contractor shall develop and maintain a sanitation program and a stored product pest management program for food and 

other co-located non-food items that comply with industry standard programs such as the Code of Federal Regulations, Title 21, 

part 110, Food Manufacturing Practices, the Federal Insecticide, Fungicide and Rodenticide Act, as well as all pertinent state and 
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local laws and regulations. Records of inspections performed by the Contractor, its subcontractor, or other recognized industry 

association hired by the Contractor shall be maintained and made available to the Government at the Contracting Officer's 

request. Any findings by the Contractor or its agent documenting a critical sanitation deficiency shall be reported immediately to 

the Contracting Officer with an attached report of corrective action. 

B. The Contractor shall have in place the proper temperature controls in their warehouse to ensure product is stored at commercially 

 acceptable temperature settings. 

 

XXVII. PRODUCT SANITARILYAPPROVED SOURCE REQUIREMENTS AND SANITARY CONDITIONS 

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. 

2. Each offeror is required to submit a copy of each third party warehouse audit (i.e., Sanitation Compliance and 

Enforcement Ratings of Interstate Milk Shippers or other state or federal sanitation inspection certificates) in 

response to this solicitation. 

3. During contract performance, the vendor shall comply with any findings or corrective actions noted on all of its 

mandatory monthly and yearly inspections and audits performed by county, state, and federal agencies including 

the Food and Drug Administration and US Department of Health & Human Services. The vendor will immediately 

notify the Contracting Officer of any negative findings by any of these auditing agencies which affect the 

performance of its contract(s) and of the vendor's corrective action. 

4. The Contracting Officer may request copies from the vendor of any negative county, state, or federal health 

inspection which affects its contract(s). Failure to comply with state, county, and federal milk regulations, failure to 

apply corrective action to audit findings, or not maintaining its pasteurization plant compliance at a rate of least 90 

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

Enforcement Ratings of Interstate Milk Shippers,” may result in termination of the contract at the vendor's expense. 

In the event the vendor is subcontracting milk and dairy products, the vendor shall be responsible for replacing any 

noncomplying subcontractor with an approved subcontracting source or risk termination of the contract. 

5. When the Military Medical Service or other Federal agency acceptable to the Military Medical Service determines 

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

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

the satisfaction of the appropriate inspection agency. Suspension of the work shall not extend the life of the 

contract, nor shall it be considered sufficient cause for the Contractor to request an extension of any delivery date. 

In the event the Contractor fails to correct such objectionable conditions within the time specified by the Contracting 

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

contract. 

B. Delivery conveyances: The supplies delivered under this contract shall be transported in delivery conveyances maintained to 

prevent tampering with and/or adulteration or contamination of the supplies, and if applicable, equipped to maintain a prescribed 

temperature. The delivery conveyances shall be subject to inspection by the government at all reasonable times and places. 

When the sanitary conditions of the delivery conveyance have led, or may lead to product contamination, adulteration, constitute

a health hazard, or the delivery conveyance is not equipped to maintain prescribed temperatures, or the transport results in 

product `unfit for intended purpose', supplies tendered for acceptance may be rejected without further inspection. 
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XXVIII. CONTRACTOR QUALITY AUDITS 

 

A. The Government may conduct formalized audits to verify the vendor's adherence to the contract requirements and the quality of 

product being supplied under any resultant contract. 

 

XXIX. RECALL PROCEDURES REQUIREMENTS 

 

A. In the event that a product recall is initiated by the USDA, the Contractor, or the Contractor's supplier or manufacturer, the 

Contractor shall follow the procedures as outlined below: 

 

1. Immediately notify the following personnel: 

(a) Customers that have received the recalled product. 

(b) DLA Troop Support Contracting Officer. 

(c) DLA Troop Support Account Manager. 

(d) DLA Troop Support Customer Safety Officer at dscpconssafofc@dla.mil; 

 (215) 737- 2678. 

2. Provide the following information to the DLA Troop Support Consumer Safety Officer: 

(a) Reason for recall 

(b) Type of recall, i.e., Type I, II or III. 

(c) Description of product. 

(d) Amount of product. 

(e) List of customers that have received product. 

(f) Name and phone number of responsible person (Recall Coordinator). 

3. The Contractor shall provide a Final Status Report of Recall, when completed, to the DLA Troop Support Consumer 

Safety Officer. 

4. At the discretion of the affected customers, the Contractor shall either replace at no additional cost or adjust the invoice 

quantity for any recalled product. 

B. In the event of a DoD All Food and Drug Acts (“ALFOODACT”) notification resulting from a product recall, the Contractor shall 

provide the following information within 72 hours after recall notification (ALFOODACT) to their Contracting Officer (KO), 

Contracting Specialist, Tailored Vendor Logistics Specialist (TVLS) and/or Contracting Officer Representative (COR). Additionally, 

this information will be sent to the DLA Troop Support Subsistence Food Safety Office at dscpconssafofc@dla.mil: 

 

1) ALFOODACT 201X-XXX 

2) DLA Contract Number: 

3) Unit of Measure: 

4) Quantity Currently in Stock: 

5) List of customers that received product AND (a-h) for each customer: 

 

 a. Customer name and location: 

 b. DLA Purchase Order Number: 

 c. Vendor Invoice Number: 

 d. Item Stock number (LSN, NSN): 

 e. Quantity Shipped: 

 f. Date Shipped: 

 g. Value of Affected Product: 

 h. Amount of credit due: 

 

XXX. NON-COMPETE PROVISION 

A. The offeror warrants that upon receiving the award, it will not actively promote, engage, or market any of the customers on this 
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acquisition away from the resultant DLA Troop Support contract and onto a fresh Milk and Dairy subsistence contract or account of 

any other Government agency or commercial entity. This prohibition is in effect during the life of the resultant contract and 

restricts competition in the specific area or zone that is the subject of this acquisition. A violation of this term may result in the 

Contracting Officer terminating the contract, documenting this action as part of the awardee's past performance data, and taking 

other appropriate recourse as permitted by contract or applicable regulations and law. 

 

XXXI. MANAGEMENT REPORTS 

A. The Contractor shall electronically transmit the following reports to the DLA Troop Support Contracting Officer and Account 

Manager on a monthly basis. All reports shall be cumulative for a one (1) month period and submitted no later than the seventh 

day of the following month (e.g., for the reporting period of January 1 through January 31, the reports must be received by 

February 7). 

1. Fill Rate Report: The fill-rate is calculated by dividing the number of items accepted by the customer by the number of 

items ordered. No other method of calculating fill rates should be included. Mis-picks and damaged or rejected cases 

should not be included in this calculation. The report should specify fill rates per customer and an overall average fill-rate 

for all customers under the contract for the month being reported. For further fill rate explanation, see Section XX. FILL 

RATE. 

 

 

XXXII. CONTRACT ADMINISTRATION INFORMATION 

A. Contract Authority: The DLA Troop Support Contracting Officer is the only person authorized to approve changes or modify any 

requirement of the contract. Notwithstanding any provisions contained elsewhere in the contract, said authority remains solely 

with the DLA Troop Support Contracting Officer. 

1. In the event that the Contractor effects any change at the direction of any person other than the DLA Troop Support 

Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made. 

The Contracting Officer must authorize any modification or costs associated with a change in writing. 

2. Requests for information on matters related to this contract, such as an explanation of terms or contract interpretation, 

shall be submitted to the DLA Troop Support Contracting Officer. 

 

B. Payments: DFAS Columbus Center is the payment office for this acquisition. 

1. Payment of delivery orders will be made in accordance with the terms and conditions of Paragraph (i) of FAR Clause 

52.212-4 “Contract Terms and Conditions - Commercial Items” that is incorporated by reference into this solicitation. 

2. Payment will be made within 10 days after the receipt of a proper invoice; however, payment is still subject to the terms 

and conditions of the Prompt Payment Act (31 U.S.C. 3903). All 810 electronic invoices must be submitted with 

accurate, sufficient, clean data before any payment can be made. As previously noted, it is the Contractor's obligation to 

submit such an invoice and, absent such an invoice, no payment will be due for purposes of the Prompt Payment Act. 

3. The Contractor is responsible to use MyInvoice for detailed summary of payments (line by line analysis) which can be 

found at: https://wawf.eb.mil. 

4. The Government intends to make payments under the resultant contract by electronic funds transfer (“EFT”) based on the 

information contained in the System for Award Management Registration (“SAM”). FAR Clause 52.232-33, “Payment by 

Electronic Funds Transfer- System for Award Management” is incorporated by reference. 

 

C. Administration: 

1. The Contracting Officer from the DLA Troop Support Supplier Operations - Produce and Market Fresh Division will 

perform administration of the contract. The DLA Troop Support Contracting Officer must approve any changes to the 

resultant contract.

 

 
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Part 12 Clauses

CLAUSES ADDED TO PART 12 BY ADDENDUM

 

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) DFARS

 

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (DEC 2022) DFARS

 

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019) DFARS

 

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) FAR

 

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR 

EQUIPMENT (NOV 2021) FAR

 

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS

 

252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (JAN 2023) DFARS

 

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

INFORMATION (JAN 2023) DFARS

 

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (JAN 2023) DFARS

 

252.204-7012 JAN2023

As prescribed in 204.7304 (c), use the following clause: 

 

SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (JAN 2023) 

 

(a) Definitions. As used in this clause— 

 

“Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, or 

unauthorized access to, or modification of information. 

 

“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized 

intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may 

have occurred. 

 

“Contractor attributional/proprietary information” means information that identifies the contractor(s), whether directly or indirectly, by the 

grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable 

information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily 

shared outside of the company. 

 

“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, 

reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, 

if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on 

Technical Documents. The term does not include information that is lawfully publicly available without restrictions. 

 

“Covered contractor information system” means an unclassified information system that is owned, or operated by or for, a contractor and that 

processes, stores, or transmits covered defense information. 

 

“Covered defense information” means unclassified controlled technical information or other information, as described in the Controlled 

Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination 
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controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is— 

 

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support 

of the performance of the contract; or 

 

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract. 

 

“Cyber incident” means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse 

effect on an information system and/or the information residing therein. 

 

“Forensic analysis” means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that 

maintains the integrity of the data. 

 

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, 

dissemination, or disposition of information. 

 

“Malicious software” means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the 

confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity 

that infects a host, as well as spyware and some forms of adware. 

 

“Media” means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale 

integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor 

information system. 

 

‘‘Operationally critical support’’ means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation 

services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation. 

 

“Rapidly report” means within 72 hours of discovery of any cyber incident. 

 

“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013 , Rights 

in Technical Data—Other Than Commercial Products and Commercial Services, regardless of whether or not the clause is incorporated in this 

solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, 

specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and 

analyses and related information, and computer software executable code and source code. 

 

(b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems. To provide adequate 

security, the Contractor shall implement, at a minimum, the following information security protections: 

 

(1) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the 

Government, the following security requirements apply: 

 

(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010 , Cloud Computing Services, of 

this contract. 

 

(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in 

this contract. 

 

(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore 

are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply: 

 

(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security 

requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified 

Information in Nonfederal Information Systems and Organizations” (available via the internet at http://dx.doi.org/10.6028/NIST.SP.800-171) in 

effect at the time the solicitation is issued or as authorized by the Contracting Officer. 

 

(ii)(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than December 31, 2017. For all contracts awarded 

prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days 

of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award. 

 

(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. 

The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable 

or to have an alternative, but equally effective, security measure that may be implemented in its place. 

 
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(C) If the DoD CIO has previously adjudicated the contractor’s requests indicating that a requirement is not applicable or that an alternative 

security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under 

this contract. 

 

(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in 

performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to 

those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline (https://

www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this 

clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment 

necessary for forensic analysis, and cyber incident damage assessment. 

 

(3) Apply other information systems security measures when the Contractor reasonably determines that information systems security 

measures, in addition to those identified in paragraphs (b)(1) and (2) of this clause, may be required to provide adequate security in a dynamic 

environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on 

an assessed risk or vulnerability. These measures may be addressed in a system security plan. 

 

(c) Cyber incident reporting requirement. 

 

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information 

residing therein, or that affects the contractor’s ability to perform the requirements of the contract that are designated as operationally critical 

support and identified in the contract, the Contractor shall— 

 

(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised 

computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that 

were part of the cyber incident, as well as other information systems on the Contractor’s network(s), that may have been accessed as a result 

of the incident in order to identify compromised covered defense information, or that affect the Contractor’s ability to provide operationally 

critical support; and 

 

(ii) Rapidly report cyber incidents to DoD at https://dibnet.dod.mil. 

 

(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the 

required elements at https://dibnet.dod.mil. 

 

(3) Medium assurance certificate requirement.In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor 

shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved 

medium assurance certificate, see https://public.cyber.mil/eca/. 

 

(d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber 

incident, submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with instructions provided by DC3 or the Contracting 

Officer. Do not send the malicious software to the Contracting Officer. 

 

(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect 

images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data 

for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest. 

 

(f) Access to additional information or equipment necessary for forensic analysis.Upon request by DoD, the Contractor shall provide DoD with 

access to additional information or equipment that is necessary to conduct a forensic analysis. 

 

(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the 

Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause. 

 

(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or 

release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes 

contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent 

practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the 

Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such 

authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being 

released. 

 

(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor 

(or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released 

outside of DoD— 

 
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(1) To entities with missions that may be affected by such information; 

 

(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents; 

 

(3) To Government entities that conduct counterintelligence or law enforcement investigations; 

 

(4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) 

participants in the program at 32 CFR part 236); or 

 

(5) To a support services contractor (“recipient”) that is directly supporting Government activities under a contract that includes the clause at 

252.204-7009 , Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information. 

 

(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or 

derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted 

pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by 

paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy 

based restrictions on the Government’s use and release of such information. 

 

(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, 

access, use, and disclosure of electronic communications and data. 

 

(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates 

the Contractor’s responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required 

by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements. 

 

(m) Subcontracts. The Contractor shall— 

 

(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for 

which subcontract performance will involve covered defense information, including subcontracts for commercial products or commercial 

services, without alteration, except to identify the parties. The Contractor shall determine if the information required for subcontractor 

performance retains its identity as covered defense information and will require protection under this clause, and, if necessary, consult with the 

Contracting Officer; and 

 

(2) Require subcontractors to— 

 

(i) Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST SP 800-171 security 

requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this clause; and 

 

(ii) Provide the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as 

practicable, when reporting a cyber incident to DoD as required in paragraph (c) of this clause. 

 

(End of clause)

 

252.204-7014 LIMITATIONS ON THE USE OR DISCLOSURE OF INFORMATION BY LITIGATION SUPPORT CONTRACTORS (JAN 

2023) DFARS

 

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (JAN 2023) DFARS

 

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. 
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(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)

 

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

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

 

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) FAR

 

C03 CONTRACTOR RETENTION OF SUPPLY CHAIN TRACEABILITY DOCUMENTATION (MAR 2023)

 

C04 UNUSED FORMER GOVERNMENT SURPLUS PROPERTY (SEP 2021)

To be considered for award, the offeror must complete and submit the following representation with their offer. Additional supporting documentation to 

demonstrate the surplus material offered was previously owned by the Government and meets solicitation requirements must be provided within 24 hours of 

request by the contracting officer. 

(1) The material is new, unused, and not of such age or so deteriorated as to impair its usefulness or safety. Yes [ ] No [ ] 

The material conforms to the technical requirements cited in the solicitation (e.g., Commercial and Government Entity (CAGE) Code and part number, 

specification, etc.). Yes [ ] No [ ] 

The material conforms to the revision letter/number, if any is cited. Yes [ ] No [ ] Unknown [ ] 

If No, the revision does not affect form, fit, function, or interface. Yes[ ] No [ ] Unknown [ ] 

The material was manufactured by: 

(Name): 

(Address): 

(2) The offeror currently possesses the material: Yes [ ] No [ ] 

If yes, the offeror purchased the material from a Government selling agency or other source. Yes [ ] No [ ] 

If yes, complete the following: 

Government Selling Agency: 

Contract Number:

Contract Date: (Month, Year): 

Other Source: 

Address: 

Date Acquired: (Month/Year): 

(3) The material has been altered or modified. Yes [ ] No [ ] 

If Yes, complete the following: 

Name of the company that performed the alternation or modification 

Address: 

Complete description of the alternations or modifications: 

(4) The material has been reconditioned. Yes [ ] No [ ] 

If Yes, complete the following: 

(i) The price offered includes the cost of reconditioning/refurbishment. Yes [ ] No [ ] 

(ii) Name of the company that reconditioned that material 

(iii) Description of any work done or to be done, including the components to be replaced and the applicable rebuild standard. 

The material contains cure-dated components. Yes [ ] No [ ] 

If Yes, complete the following: 

(i)The price includes replacement of cure-dated components. Yes [ ] No [ ] 

(ii) Cure date: 

(5) The material has data plates attached. Yes [ ] No [ ] 

If Yes, insert all information contained on the data plate: 

(6)The offered material is in its original package. Yes [ ] No [ ] 

If Yes, complete the following: 

Contract Number:

NSN: 

CAGE Code: 

Part Number:

Other Markings/Data: 

(7)The offeror has supplied this same material (National Stock Number) to the Government before. Yes [ ] No [ ] 

If Yes, complete the following: 

(i) The material being offered is from the same original Government contract number as that provided previously. Yes 
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[ ] No [ ] 

(ii) State below the Government Agency and contract number under which the material was previously provided: 

Agency: 

Contract Number: 

(8)The material is manufactured in accordance with a specification or drawing. Yes [ ] No [ ] 

If Yes, complete the following: 

(i) The specification/drawing is in the possession of the offeror. Yes [ ] No [ ] 

(ii) The offeror has stated the applicable information below: Yes [ ] No [ ] 

Specification/Drawing Number: 

Revision: (if any): 

Date: 

(9) The material has been inspected for correct part number and for absence of corrosion or any obvious defects. Yes [ ] No [ ] 

If Yes, complete the following: 

(i) Material has been re-preserved. Yes [ ] No [ ] 

(ii) Material has been repackaged. Yes [ ] No [ ] 

(iii) Percentage of material that has been inspected is %; and/or 

(iv) Number of items inspected is 

(v) A written report was prepared. Yes [ ] No [ ] 

The offeror agrees that in the event of award and notwithstanding the provisions of the solicitation. 

(i) Inspection and acceptance of the surplus material will be performed at source or destination subject to all applicable provisions for source or destination 

inspection. 

The offeror will forward to the contracting officer one of the following, within 24 hours of request by the contracting officer to demonstrate that the material 

being offered was previously owned by the Government (offeror check which one applies): 

[ ] For national or local sales, conducted by sealed bid, spot bid or auction methods, a solicitation/Invitation For Bid and corresponding DLA Disposition 

Services Form 1427, Notice of Award, Statement and Release Document. 

[ ] For DLA Disposition Services Commercial Venture (CV) Sales, the shipment receipt/delivery pass document and invoices/receipts used by the original 

purchaser to resell the material. 

[ ] When the above documents are not available, or if they do not identify the specific NSN being acquired, a copy or facsimile of all original package 

markings and data, including NSN, commercial and Government entity (CAGE) code and part number, and original contract number. (This information has 

already been provided in paragraph (6) of this procurement note. Yes [ ] No [ ] .) 

[ ] When none of the above are available, other information to demonstrate that the offered material was previously owned by the Government. Describe: 

This procurement note only applies to offers of Government surplus material. Offers of commercial surplus, manufacturer's overruns, residual inventory 

resulting from terminated Government contracts, and any other material that meets the technical requirements in the solicitation but was not previously 

owned by the Government will be evaluated in accordance with the DLAD procurement note L04, Offers for Part Numbered Items. 

If requested by the contracting officer, the offeror shall furnish sample units, in the number specified, to the contracting officer or to another location 

specified by the contracting officer, within 10 days after the contracting officer's request. The samples will be furnished at no cost to the Government. All 

such samples not destroyed in evaluation will be returned at the offeror's expense. The samples will be evaluated for form, fit, and function with 

subassembly, assembly, or equipment with which the items are to be used. End items furnished under any contract award to the offeror furnishing the 

samples can include the returned samples, and all acceptable end items will have a configuration identical to the samples. If specific tests of the samples' 

performance are made by the Government, the offeror will be furnished the results of such tests prior to a contract being entered into. In addition to any other 

inspection examinations and tests required by the contract, the performance of the end items will be required to be as good as that of the samples submitted. 

In the event of award, the contractor will be responsible for providing material that is in full compliance with all requirements in the contract or order. The 

surplus material to be furnished must meet the requirements of the current contract or order, whether or not the material met Government requirements in 

existence at the time the material was initially manufactured or sold to the Government. If higher-level contract quality requirements apply to the material 

being acquired, those requirements do not apply to surplus material furnished under this contract.

 

52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST AND PRICING 

DATA (NOV 2021) FAR

(a) Exceptions from certified cost or pricing data. (1) In lieu of submitting certified cost or pricing data, offerors may submit a written request for 

exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting 

information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and 

reasonable. 

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or 

similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting 

office. 

(ii) Commercial product and commercial service exception. For a commercial product and commercial service exception, the offeror shall 

submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market 

that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include - 

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a 

statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current 

discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain 

the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the 
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price of recent sales in quantities similar to the proposed quantities; 

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, 

and applicable discounts. In addition, describe the nature of the market; 

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been 

granted for the schedule item. 

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, 

documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. 

For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data 

relevant solely to the offeror's determination of the prices to be offered in the catalog or marketplace. 

(b) Requirements for certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or 

pricing data, the following applies: 

(1) The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting 

attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same 

force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be 

used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I. 

(2) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the 

offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2. 

(End of provision)

 

52.216-18 ORDERING (AUG 2020) FAR

As prescribed in 16.506(a), insert the following clause: 

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities 

designated in the Schedule. Such orders may be issued from April 21, 2024 through April 26, 2026. 

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order 

and this contract, the contract shall control. 

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by 

facsimile, or by electronic commerce methods only if authorized in the Schedule. 

(End of clause)

 

52.216-19 ORDER LIMITATIONS (OCT 1995) FAR

As prescribed in 16.506(b), insert a clause substantially the same as follows: 

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00 [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 $3951.69 [insert dollar figure or quantity]; 

(2) Any order for a combination of items in excess of $3951.69 [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 maximum-order limitations in 

paragraph (b) of this section. 

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

unless that order (or orders) is returned to the ordering office within 2 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 
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after 90 days from contract completion. 

(End of clause) 

 

252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS)—BASIC (DEC 2019) DFARS

 

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM - BASIC (JAN 2023) DFARS

 

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM — ALTERNATE I (JAN 2023) DFARS

 

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

 

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

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

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

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

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

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

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

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

Australia 

Austria 

Belgium 

Canada 

Czech Republic 

Denmark 

Egypt 

Estonia 

Finland 

France 

Germany 

Greece 

Israel 

Italy 

Japan 

Latvia 

Lithuania 

Luxembourg 

Netherlands 

Norway 

Poland 

Portugal 

Slovenia 

Spain 

Sweden 

Switzerland 

Turkey 

United Kingdom of Great Britain and Northern Ireland. 

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

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

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

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

status under the laws of the United States. 

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

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

(1) Food. 

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

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

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

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

(ii) Tarpaulins; or 

(iii) Covers. 

(4) Cotton and other natural fiber products. 

(5) Woven silk or woven silk blends. 

(6) Spun silk yarn for cartridge cloth. 

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

(8) Canvas products. 

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

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

in this paragraph (b). 

(c) This clause does not apply -- 

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

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

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

other natural fibers, or wool -- 

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

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

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

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

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

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

with paragraph (d) of this clause; 

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

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

fabric itself), if -- 

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

in part of fabric, include 3⁄4 

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

Appliances); 

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

Supply Group 84, Clothing, Individual Equipment and Insignia; 

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

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

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

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

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

(ii) If not taken from the sea, shall be obtained from fishing within the United States; and 
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(2) Any processing or manufacturing of the fish, shellfish, or seafood shall be performed on a U.S.-flag vessel or in the United States. 

(End of clause)

 

252.225-7052 RESTRICTION ON THE ACQUISITION OF CERTAIN MAGNETS, TANTALUM, AND TUNGSTEN (JAN 2023) DFARS

 

252.225-7054 PROHIBITION ON USE OF CERTAIN ENERGY SOURCED FROM INSIDE THE RUSSIAN FEDERATION (JAN 2023) 

FAR

 

252.225-7056 PROHIBITION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME (JAN 2023) DFARS

 

252.225-7058 POSTAWARD DISCLOSURE OF EMPLOYMENT OF INDIVIDUALS WHO WORK IN THE PEOPLE’S REPUBLIC OF 

CHINA (JAN 2023) DFARS

 

252.225-7062 RESTRICTION ON ACQUISITION OF LARGE MEDIUM-SPEED DIESEL ENGINES (JUL 2023) DFARS

 

52.227-1 AUTHORIZATION AND CONSENT (JUN 2020) FAR

 

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (JUN 2020) FAR

 

52.232-17 INTEREST (MAY 2014) FAR

 

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023) FAR

 

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023) DFARS

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

(a) Definitions. As used in this clause - 

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

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

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

Payment request and receiving report are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. 

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

Defense Federal Acquisition Regulation System (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.sam.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 shall use the following information when submitting payment requests and receiving reports in WAWF for 

this contract or task or delivery order: 

(1) Document type. The Contractor shall submit payment requests using the following document type(s): 

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher. 

(ii) For fixed price line items - 

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer. 

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.) 

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving 

report, or the applicable invoice and receiving report, as specified by the Contracting Officer. 

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.) 

(iii) For customary progress payments based on costs incurred, submit a progress payment request. 

(iv) For performance based payments, submit a performance based payment request. 

(v) For commercial financing, submit a commercial financing request. 

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract. 

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.] 

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

Routing Data Table * 

Field Name in WAWF Data to be entered in 

WAWF

Pay Official DoDAAC

Issue By DoDAAC

Admin DoDAAC

Inspect By DoDAAC

Ship To Code

Ship From Code

Mark For Code

Service Approver 

(DoDAAC)

Service Acceptor 

(DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

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

(** Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration 

office assigned the functions under FAR 42.302(a)(13).) 

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with 

the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable. 

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. 

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

point of contact. 

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

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed. 

 

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

 

52.233-3 PROTEST AFTER AWARD (AUG 1996) FAR

 

5452.233-9001 DISPUTES - AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (JUN 2020) DLAD

(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the 

parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort 

when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute. 

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation 

rejecting ADR must be signed by an official authorized to bind the Contractor (see Federal Acquisition Regulation (FAR) clause 52.233-1), or, 

for the Agency, by the Contracting Officer, and approved at a level above the Contracting Officer after consultation with the ADR Specialist and 

with legal. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the Contracting Officer before 

determining ADR to be inappropriate. 

(c) The offeror should check here to opt out of this clause: 

[ ] Alternate wording may be negotiated with the contracting officer. 

 

52.242-13 BANKRUPTCY (JUL 1995) FAR

 

52.242-15 STOP-WORK ORDER (AUG 1989) FAR

 

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR

 

52.246-2 INSPECTION OF SUPPLIES FIXED PRICE (AUG 1996) FAR
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252.246-7007 CONTRACTOR COUNTERFEIT ELECTRONIC PART DETECTION AND AVOIDANCE SYSTEM (JAN 2023) DFARS

 

252.246-7008 SOURCES OF ELECTRONIC PARTS (JAN 2023) DFARS

 

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

 

52.251-1 GOVERNMENT SUPPLY SOURCES (APR 2012) FAR

 

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)

 

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) FAR

As prescribed in 52.107(b), insert the following clause: 

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting 

Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): 

FAR: https://www.acquisition.gov/?q=browsefar

DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

 (End of clause)

 

52.253-1 COMPUTER GENERATED FORMS (JAN 1991) FAR

 

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

(JAN 2023) DFARS

 

252.225-7048 EXPORT CONTROLLED ITEMS (JUN 2013) DFARS

 

252.225-7048 JUN2013

As prescribed in 225.7901-4, use the following clause: 

 

EXPORT CONTROLLED ITEMS (JUNE 2013) 

 

(a) Definition. “Export-controlled items,” as used in this clause, means items subject to the Export Administration Regulations (EAR) (15 CFR 

Parts 730-774) or the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130). The term includes: 

 

(1) “Defense items,” defined in the Arms Export Control Act, 22 U.S.C. 2778(j)(4)(A), as defense articles, defense services, and related 

technical data, and further defined in the ITAR, 22 CFR Part 120. 

 
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 (2) “Items,” defined in the EAR as “commodities”, “software”, and “technology,” terms that are also defined in the EAR, 15 CFR 772.1. 

 

(b) The Contractor shall comply with all applicable laws and regulations regarding export-controlled items, including, but not limited to, the 

requirement for contractors to register with the Department of State in accordance with the ITAR. The Contractor shall consult with the 

Department of State regarding any questions relating to compliance with the ITAR and shall consult with the Department of Commerce 

regarding any questions relating to compliance with the EAR. 

 

(c) The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled items exists independent of, 

and is not established or limited by, the information provided by this clause. 

 

(d) Nothing in the terms of this contract adds, changes, supersedes, or waives any of the requirements of applicable Federal laws, Executive 

orders, and regulations, including but not limited to -- 

 

 (1) The Export Administration Act of 1979, as amended (50 U.S.C. App. 2401, et seq.); 

 

 (2) The Arms Export Control Act (22 U.S.C. 2751, et seq.); 

 

 (3) The International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.); 

 

 (4) The Export Administration Regulations (15 CFR Parts 730-774); 

 

 (5) The International Traffic in Arms Regulations (22 CFR Parts 120-130); and 

 

 (6) Executive Order 13222, as extended. 

 

 (e) The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts. 

 

(End of clause) 

 

 

252.225-7051 PROHIBITION ON ACQUISITION OF CERTAIN FOREIGN COMMERCIAL SATELLITE SERVICES (DEC 2022) DFARS
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52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) FAR

 

Attachments

List of Attachments

Description File Name

ATTACH_Attachment_1__

Schedule_of_Items

Attachment 1 - Schedule of 

Items- new.xlsx

ATTACH_Attachment_2__

Ordering_Points

Attachment 2 -Ordering 

Points.xlsx

ATTACH_Attachment_3__

_Request_for_New_Item_F

orm

Attachment 3 - Request for 

New Item Form.pdf

ATTACH_Attachment_4__

_STORES_EDI_Vendor_G

uide

Attachment 4 - STORES 

EDI Vendor Guide.pdf

 

PID Data - Custom Clause

Header

 C1

 

Part 12 Provisions

52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023) FAR

52.212-1,2

52.212-1 Instructions to Offerors-Commercial Items. 

As prescribed in 12.301(b)(1), insert the following provision: 

Instructions to Offerors—Commercial Products and Commercial Services (Sep 2023) 

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business 

size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits 

an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or 

produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition— 

(1)Is set aside for small business and has a value above the simplified acquisition threshold; 

(2)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or 

(3)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business setaside or sole-source award regardless of dollar value. 

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this 

solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers 

must show— 

(1) The solicitation number; 
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(2) The time specified in the solicitation for receipt of offers; 

(3) The name, address, and telephone number of the offeror; 

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This 

may include product literature, or other documents, if necessary; 

(5) Terms of any express warranty; 

(6) Price and any discount terms; 

(7) "Remit to" address, if different than mailing address; 

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for 

those representations and certifications that the offeror shall complete electronically); 

(9) Acknowledgment of Solicitation Amendments; 

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar 

items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and 

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and 

provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the 

solicitation may be excluded from consideration. 

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt 

of offers, unless another time period is specified in an addendum to the solicitation. 

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. 

Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s 

request and expense, unless they are destroyed during preaward testing. 

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line 

items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial 

services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. 

(f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any 

modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the 

solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the 

date that offers or revisions are due. 

(2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact 

time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer 

determines that accepting the late offer would not unduly delay the acquisition; and- 

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the 

Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or 

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under 

the Government’s control prior to the time set for receipt of offers; or 
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(C) If this solicitation is a request for proposals, it was the only proposal received. 

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at 

any time it is received and may be accepted. 

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the 

offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. 

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office 

designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the 

solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same 

time of day specified in the solicitation on the first work day on which normal Government processes resume. 

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral 

solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time 

before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be 

withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person 

requesting withdrawal is established and the person signs a receipt for the offer. 

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract 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. The Government may 

reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities 

in offers received. 

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific 

limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government 

reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror 

specifies otherwise in the offer. 

(i) Availability of requirements documents cited in the solicitation. 

(1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101–29, and copies of Federal 

specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil. 

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of 

specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of 

this provision. 

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil. 

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by— 

(i) Using the ASSIST feedback module ( https://assist.dla.mil/feedback); or 

(ii) Contacting the Defense Standardization Program Office by telephone at 571–767–6688 or email at assisthelp@dla.mil. 

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or 

maintenance. 
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(j) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if 

the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with 

its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that 

identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT 

indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional 

SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity 

identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror 

should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the 

unique entity identifier. 

(k) [Reserved] 

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: 

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer. 

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the 

debriefed offeror. 

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. 

(4) A summary of the rationale for award; 

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror. 

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the 

solicitation, applicable regulations, and other applicable authorities were followed by the agency. 

(End of provision) 

Addendum to 52.212-1 

The following paragraphs of 52.212-1 are amended as indicated below: 

 1. Paragraph (b), Submission of Offers.

a. E-mail is the only acceptable form of transmission for submission of initial proposals or revisions to proposals submitted in response 

to this solicitation. E-mailed submissions should be sent to Gregory Barksdale, Gregory.Barksdale@dla.mil and Maria Silvester,

maria.silvester@dla.mil. Limit the file size of any individual email attachment to 5MB, and the total size of any email to 10MB. 

Multiple email submissions may be required. If submitting multiple emails as a proposal submission, label each email with a number 

(e.g., 1 of 8), accordingly. After transmitting an email submission, offerors should confirm receipt of all emails with the intended 

recipients. 

b. Facsimile is not an acceptable form 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 may be used during discussions/negotiations, if 

discussions/negotiations are held, for proposal revisions, including Final Proposal Revisions. 

 2. Paragraph (c), Period for Acceptance of Offers, is revised as follows:

 Period of acceptance is 180 days. 

 3. Paragraph (h), Multiple Awards, is revised to add the following:
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The Government intends to make one (1) award, for each Group based on the technically acceptable offer with the lowest aggregate 

evaluated price. Since this procurement includes only one Group, the Government intends to make one award for Group 1. 

PROPOSAL SUBMISSION INFORMATION 

A. Pricing 

 

1. An offeror's price proposal shall consist of prices submitted for each of the items found in the Schedule of Items (Attachment 

1). The Schedule of Items is a grouping of items expected to be ordered by the customers along with the estimated 

quantities. The items found in the Schedule of Items represent 100% of the estimated dollar value for that particular Group. 

Offerors are required to submit their Contract Unit Price for each item. 

 

2. Formatting of Prices: Prices shall be formatted to no more than two places to the right of the decimal point, for example, 

$2.50. In the event that the offeror submits a price that exceeds this limitation, the price will be rounded up or down using 

standard rounding methods. For example, a price of $2.215 or higher will be rounded up to $2.22 and a price of $2.214 or 

lower will be rounded down to $2.21. 

 

B. Schedule of Items: Pricing 

 

1. The Schedule of Items in Attachment 1 represents 100% of the estimated dollar value of this procurement. Offerors must 

submit pricing for all items in the Schedule of Items. The unit prices of all items found in the Schedule of Items will be 

comparatively assessed to identify any unusually high or low priced items. This assessment includes, but is not limited 

to, comparison amongst offerors' prices as well as comparison against market report prices and internal Government 

databases that are applicable. 

 

2. Estimated quantities for the 24-month period are indicated next to each item and are for information and evaluation 

purposes only. The Offeror's proposed Contract Unit Prices found in the Schedule of Items will be multiplied by the 24-

month estimated quantities in order to calculate the Offeror's overall aggregate total price, which will be compared 

against the other offerors in order to identify the lowest overall price proposal. 

 

C. Contract Unit Prices 

 

1. Prices must not extend more than two places to the right of the decimal point. Standard rounding methods must be 

observed. For example, a delivered price of $2.215 or higher must be rounded up to $2.22 and a price of $2.214 or lower 

must be rounded down to $2.21. 

 

2. If an offeror carries a variety of brands for the same item, the price submitted shall be for the lowest priced, technically 

acceptable, item that meets the Government's minimum requirements. 

 

3. All items procured under the resultant contract are subject to all contractual clauses and regulations, including, but not 

limited to, DFARS 252.225-7012, Preference for Certain Domestic Commodities, and the requirement that items be 

procured from a sanitarily approved source. All invoices and quotes must contain sufficient information to clearly reflect 

compliance with solicitation/contract terms and conditions. 

 

4. Offerors are required to submit a spreadsheet containing the following information (Attachment 1): 

 

(a) Stock Number.
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(b) Item Description: Government Item Description. 

(c) Estimated Quantity: Quantity provided. 

(d) Unit of Issue: Self-explanatory. Note: Unit of Issue must be the same as that identified in the Government's 

Schedule of Items. 

(e) Total: Estimated Quantity multiplied by Contract Unit Price. 

(f) Gov't Average Case Weight: Provided. 

 

D. Instructions for Proposal Spreadsheet - Attachment 1 

 

1. Please fill in the white boxes only for each Group. For Group 1: fill in Columns H, I, J and K for CLIN #1-12. The 

spreadsheets for Group 1 will automatically calculate your aggregate totals. All prices must be rounded to two places to 

the right of the decimal point using standard rounding methods (see paragraph A.2. above.) 

 

2. When preparing the spreadsheets, totals must appear in rows Column J and "Total Aggregate" in row 24 column K for 

Group 1. 

 

E. Proposal Submission: Each offeror must submit: 

 

(i) a signed copy of the solicitation (and amendments, if applicable), 

(ii) all solicitation attachments (including Attachment 1 with proposed prices), 

(iii) signed financial arrangement information, 

 

When submitting a proposal to the Business Opportunities Office an offeror must provide a hard copy as well an electronic version 

(CD/DVD) of all items listed above. No hard copy is required when submitting a proposal through DIBBS. 

 

 No hard copy is required when submitting a proposal through email. 

For email submissions, offerors are reminded to limit the file size of any required documents being emailed, i.e., signed copy of the 

solicitation, amendments, completed Attachment 1, financial arrangement letter, completed list of Places of Performance, third 

party warehouse audit results, invoices, etc. No individual document submitted should be greater that 5MB and no entire email 

should be larger 10 MB. Multiple emails are likely necessary. When submitting multiple emails as a proposal submission, label 

each email with a number (e.g., 1 of 8), accordingly. In addition, label each individual document according to submission 

requirement with which it corresponds. 

52.212-2 -- Evaluation -- Commercial Items. 

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows: 

Evaluation—Commercial Products and Commercial Services (Nov 2021) 

ADDENDUM to FAR 52.212-2, Evaluation of Commercial Items. 

(a) The Government will award contract(s) resulting from this solicitation to the responsible offeror(s) whose offer(s) conforming to the 

solicitation will be most advantageous to the Government, price and other factors considered. Lowest Price Technically Acceptable (LPTA) 

source selection procedures will be used as the source selection method in this procurement. The following factors shall be used to evaluate 

offers: 

1. Technical Acceptability - A technically acceptable offer is an offer that takes no exceptions to the terms and conditions in the 

solicitation and complies fully with all submission requirements. A proposal that takes exception to solicitation terms and conditions or that fails 
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to comply with all submission requirements may be deemed technically unacceptable and, thus, may be found ineligible, and removed from 

further consideration, for the awards. By submitting a proposal with no exceptions, an offeror is confirming it possesses the necessary 

facilities, equipment, technical skills and capacity to successfully provide all items required by this solicitation. 

2. Pricing - Pricing is required for all items found in the Schedule of Items (for each Group, if applicable) and for all tiers. Failure to 

offer pricing for all items and for all tiers may result in a proposal being removed from consideration for award as technically unacceptable. The 

Government will perform an aggregate price analysis for all items found in the Schedule of Items (for each Group, if applicable). To determine 

an offeror's evaluated aggregate price, the estimated quantities in the Schedule of Items will be multiplied by the unit prices to determine the 

lowest aggregate price, (for each Group, if applicable) to the Government. Offered prices, on an individual line item basis, will be evaluated to 

determine fair and reasonableness. 

The award(s) will be made on the basis of the lowest Evaluated Aggregate Price (for each Group, if applicable) of proposals meeting 

or exceeding the acceptability standards for non-price factors. The Government reserves the right to remove item(s) from the Schedule of 

Items or do a common item comparison if offerors do not submit pricing for all items. Prior to award, the offered prices of the presumptive 

awardee(s) will be evaluated on an individual line-item basis to determine whether each price is fair and reasonable using analytical techniques 

deemed appropriate by the Contracting Officer in her/his complete discretion. 

(b) Options are not included in this solicitation. 

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for 

acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration 

time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of 

withdrawal is received before award. 

(End of provision) 

 

 

52.212-04 AND ADDENDUM

52.212-4 Contract Terms and Conditions --Commercial Products and Commercial Services. 

Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023) 

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The 

Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may 

require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/

replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or 

adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights- 

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a 

bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 

U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may 
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not assign its rights to receive payment under this contract. 

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. 

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on 

any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in 

accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The 

Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. 

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. 

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable 

control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its 

sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common 

carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any 

excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall 

promptly give written notice to the Contracting Officer of the cessation of such occurrence. 

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated 

in the contract to receive invoices. An invoice must include- 

(i) Name and address of the Contractor; 

(ii) Invoice date and number; 

(iii) Contract number, line item number and, if applicable, the order number; 

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; 

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; 

(vi) Terms of any discount for prompt payment offered; 

(vii) Name and address of official to whom payment is to be sent; 

(viii) Name, title, and phone number of person to notify in event of defective invoice; and 

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. 

(x) Electronic funds transfer (EFT) banking information. 

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. 

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have 

submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment 

by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for 

Award Management), or applicable agency procedures. 

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT. 

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and Budget (OMB) 
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prompt payment regulations at 5 CFR Part 1315. 

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, 

for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or 

copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. 

(i) Payment.- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery 

destinations set forth in this contract. 

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and prompt payment 

regulations at 5 CFR Part 1315. 

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. 

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of 

computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the 

specified payment date if an electronic funds transfer payment is made. 

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise 

overpaid on a contract financing or invoice payment, the Contractor shall- 

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- 

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); 

(B) Affected contract number and delivery order number, if applicable; 

(C) Affected line item or subline item, if applicable; and 

(D) Contractor point of contact. 

 

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. 

(6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the 

date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the 

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this 

clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. 

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. 

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if– 

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; 

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for 

payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or 

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). 

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same 
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due date as the original demand for payment. 

(v) Amounts shall be due at the earliest of the following dates: 

(A) The date fixed under this contract. 

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. 

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- 

(A) The date on which the designated office receives payment from the Contractor; 

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit 

against the contract debt; or 

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. 

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this 

contract. 

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall 

remain with the Contractor until, and shall pass to the Government upon: 

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or 

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. 

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. 

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole 

convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and 

all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the 

contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can 

demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The 

Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does 

not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred 

which reasonably could have been avoided. 

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the 

Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with 

adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any 

amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies 

provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a 

termination for convenience. 

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, 

regardless of when or where the Government takes physical possession. 

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular 

purpose described in this contract. 
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(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for 

consequential damages resulting from any defect or deficiencies in accepted items. 

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations 

applicable to its performance under this contract. 

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the 

use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, 

Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 

relating to procurement integrity. 

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: 

(1) The schedule of supplies/services. 

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and 

Unauthorized Obligations paragraphs of this clause; 

(3) The clause at 52.212-5. 

(4) Addenda to this solicitation or contract, including any license agreements for computer software. 

(5) Solicitation provisions if this is a solicitation. 

(6) Other paragraphs of this clause. 

(7) The Standard Form 1449. 

(8) Other documents, exhibits, and attachments. 

(9) The specification. 

(t) [Reserved] 

(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is 

subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any 

clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that 

would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: 

(i) Any such clause is unenforceable against the Government. 

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing 

in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an 

"I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government 

or any Government authorized end user to such clause. 

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. 

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically 

authorized under applicable agency regulations and procedures. 
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(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for 

Award Management (SAM), are incorporated by reference into the contract. 

(End of clause) 

 

Addendum to 52.212-4 - Contract Terms and Conditions - Commercial Items. 

 

The following paragraph(s) of 52.212-4 are amended as indicated below: 

 

1. Paragraph (a), Inspection/Acceptance, is revised to add the following: 

 

“Inspection and acceptance of products will be performed at destination. The authorized Government receiving official for each customer 

is responsible for signing for and accepting products when they are delivered. The final disposition decision rests with the food service 

officer and/or the authorized Government receiving official. 

 

2. Paragraph (c), Changes, is deleted in its entirety and replaced with the following: 

 

 (c) Changes. 

(1) In addition to bilateral changes, the Contracting Officer, at his/her discretion, may unilaterally invoke any of the contingency options 

set forth in this contract. 

(2) The Contracting Officer may at any time, by unilateral written order, make changes within the general scope of this contract in any 

one or more of the following: 

(i) Method of shipment or packing; 

(ii) Place, manner, or time of delivery. 

(3) If such change causes an increase or decrease in the cost of, or time required for, performance for any part of the work under this 

contract, the Contracting Officer shall make equitable adjustment in the contract price, the delivery schedule, or both, and shall 

modify the contract. 

(4) The Contractor must assert its right to an adjustment under this clause within thirty (30) days from the date of receipt of the written 

order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a 

proposal submitted before final payment of the contract. 

(5) Failure to agree to any adjustment shall be a dispute under the Disputes Clause. However, nothing in this clause shall excuse the 

Contractor from proceeding with the contract. 

 

3. Paragraph (m), Termination for Cause.

 

Delete paragraph (m) in its entirety and substitute the following: 

(m) Termination for Cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the 

Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government upon 

request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to 

the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and 

all rights and remedies provided by law. If this contract is terminated in whole or in part for cause, and the supplies or services 

covered by the contract so terminated are repurchased by the Government, the Government will incur administrative costs in such 

repurchases. The Contractor and the Government expressly agree that, in addition to any excess costs of repurchase, or any other 

damages resulting from such default, the Contractor shall pay, and the Government shall accept, the sum of $1350.00 as payment in 

full for the administrative costs of such repurchase. This assessment of damages for administrative costs shall apply for any 
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termination for cause following which the Government repurchases the terminated supplies or services together with any incidental or 

consequential damages incurred because of the termination. If it is determined that the Government improperly terminated this 

contract for default, such termination shall be deemed a termination for convenience. 

 

 

 

52.212-5

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders --Commercial Products and 

Commercial Services. 

As prescribed in 12.301(b)(4), insert the following clause: 

Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Dec 

2023) 

 

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by 

reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: 

 

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title 

VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent 

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

 

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

(Dec 2023) (Section 1634 of Pub. L. 115-91). 

 

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 

889(a)(1)(A) of Pub. L. 115-232). 

 

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

 

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). 

 

(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553). 

 

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)). 

 

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

this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial 

services: 

 

[Contracting Officer check as appropriate.] 

 

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.

S.C. 4655). 

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)). 

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 

111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) 

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, 

NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a). 

_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 

note). 

__ (6) [Reserved]. 

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). 

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. 

C). 

__ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328). 
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(10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, 

and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II). 

 

__ (11) (i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II). 

__ (ii) Alternate I (Dec 2023) of 52.204–30. 

_X_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for 

Debarment. (Nov 2021) ( 31 U.S.C. 6101 note). 

_X_ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313). 

__ (14) [Reserved]. 

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a). 

_X_ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the 

preference, it shall so indicate in its offer) ( 15 U.S.C. 657a). 

__ (17) [Reserved] 

__ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644). 

__ (ii) Alternate I (Mar 2020) of 52.219-6. 

__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644). 

__ (ii) Alternate I (Mar 2020) of 52.219-7. 

__ (20) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 15 U.S.C. 637(d)(2) and (3)). 

_X_ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 15 U.S.C. 637(d)(4)). 

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

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

__ (iv) Alternate III (Jun 2020) of 52.219-9. 

__ (v) Alternate IV (Sep 2023) of 52.219-9. 

__ (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)). 

__ (ii) Alternate I (Mar 2020) of 52.219-13. 

__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s). 

_X_ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)). 

__ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f). 

__ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2023)( 15 U.S.C. 632(a)(2)). 

__ (ii) Alternate I (Mar 2020) of 52.219-28. 

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns 

(Oct 2022) ( 15 U.S.C. 637(m)). 

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the WomenOwned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)). 

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)). 

__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)). 

_X_ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755). 

_X_ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Nov 2023) . 

_X_ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). 

_X_ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246). 

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

_X_ (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212). 

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

_X_ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793). 

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

_X_ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212). 

_X_ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). 

_x_ (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627). 

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

__ (40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially 

available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.) 

__ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)

(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) 

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

items.) 

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). 

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). 

__ (44) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). 

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

__ (45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). 

__ (ii) Alternate I (Jun2014) of 52.223-14. 

__ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b). 

__ (47) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). 
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__ (ii) Alternate I (Jun 2014) of 52.223-16. 

_X_ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513). 

__ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). 

__ (50) 52.223-21, Foams (Jun2016) (E.O. 13693). 

_X_ (51) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a). 

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

_X_ (52) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83). 

__ (ii) Alternate I (Oct 2022) of 52.225-1. 

__ (53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.

C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 

109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. 

__ (ii) Alternate I [Reserved]. 

__ (iii) Alternate II (Dec 2022) of 52.225-3. 

__ (iv) Alternate III (NOV 2023) of 52.225-3. 

__ (v) Alternate IV (Oct 2022) of 52.225-3. 

__ (54) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). 

_X_ (55) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of 

Foreign Assets Control of the Department of the Treasury). 

__ (56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the 

National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note). 

__ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150). 

__ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150). 

__ (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021). 

__ (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.

C. 3805). 

__ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805). 

_X_ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332). 

__ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332). 

__ (64) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332). 

__ (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a). 

__ (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)). 

_X_ (67) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). 

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

__ (iii) Alternate II (Nov 2021) of 52.247-64. 

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has 

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

commercial products and commercial services: 

 

[Contracting Officer check as appropriate.] 

 

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67). 

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67). 

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 

2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67). 

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. 

chapter 67). 

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of 

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

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 

2014) ( 41 U.S.C. chapter 67). 

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022). 

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706). 

_X_ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792). 

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

awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this 

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

 

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to 

examine any of the Contractor’s directly pertinent records involving transactions related to this contract. 

 

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, 

or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records 

Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated 
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shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to 

litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are 

finally resolved. 

 

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and 

regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary 

course of business or pursuant to a provision of law. 

 

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow 

down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless 

otherwise indicated below, the extent of the flow down shall be as required by the clause- 

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509). 

 

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712). 

 

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title 

VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent 

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

 

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by KasperskyLab Covered Entities 

(Dec 2023) (Section 1634 of Pub. L. 115-91). 

 

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 

889(a)(1)(A) of Pub. L. 115-232). 

 

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328). 

 

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II). 

(B) Alternate I (Dec 2023) of 52.204–30. 

 

(viii) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further 

subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in 

FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting 

opportunities. 

 

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

 

(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246). 

 

(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212). 

 

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793). 

 

(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212). 

 

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in 

accordance with paragraph (f) of FAR clause 52.222-40. 

 

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

 

(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627). 

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

 

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of 

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

 

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 

2014) ( 41 U.S.C. chapter 67). 

 

(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989). 

 

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022). 

 
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(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706). 

 

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

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

 

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the 

National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note). 

 

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792). Flow down required in accordance 

with paragraph (e) of FAR clause 52.226-6. 

 

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow 

down required in accordance with paragraph (c) of 52.232-40. 

 

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow 

down required in accordance with paragraph (d) of FAR clause 52.247-64. 

 

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of 

additional clauses necessary to satisfy its contractual obligations. 

 

(End of clause)

52.212-3

52.22-3 Offeror Representations and Certifications --Commercial Products and Commercial Services. 

As prescribed in 12.301(b)(2), insert the following provision: 

Offeror Representations and Certifications—Commercial Products and Commercial Services (Nov 2023) 

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification 

electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual 

representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision. 

(a) Definitions. As used in this provision— 

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for 

Certain Telecommunications and Video Surveillance Services or Equipment. 

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent 

directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who 

are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by 

SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business 

eligible under the WOSB Program. 

Forced or indentured child labor means all work or service— 

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does 

not offer himself voluntarily; or 

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or 

penalties. 

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 equipment, and the common use of employees. 

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.

S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). 
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Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except— 

(1) PSC 5510, Lumber and Related Basic Wood Materials; 

(2) Product or Service Group (PSG) 87, Agricultural Supplies; 

(3) PSG 88, Live Animals; 

(4) PSG 89, Subsistence; 

(5) PSC 9410, Crude Grades of Plant Materials; 

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; 

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; 

(8) PSC 9610, Ores; 

(9) PSC 9620, Minerals, Natural and Synthetic; and 

(10) PSC 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. 

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor. 

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and 

Video Surveillance Services or Equipment. 

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, 

oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 

2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 

of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate— 

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; 

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are 

expressly exempted under Federal law from the requirement to be conducted under such authorization; 

(3) Consist of providing goods or services to marginalized populations of Sudan; 

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; 

(5) Consist of providing goods or services that are used only to promote health or education; or 

(6) Have been voluntarily suspended."Sensitive technology"— 

Sensitive technology— 

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically— 

(i) To restrict the free flow of unbiased information in Iran; or 

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and 

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or 

prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). 

Service-disabled veteran-owned small business concern— 
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(1) Means a small business concern— 

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not 

less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and 

(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a 

service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. 

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.

S.C. 101(16). 

Small business concern— 

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified 

as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation. 

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the 

others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given 

to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based 

on the factors set forth at 13 CFR 121.103. 

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard 

applicable to the acquisition, that— 

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by— 

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) 

individuals who are citizens of the United States; and 

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into 

account the applicable exclusions set forth at 13 CFR124.104(c)(2); and 

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the 

criteria in paragraphs (1)(i) and (ii) of this definition. 

Subsidiary means an entity in which more than 50 percent of the entity is owned— 

(1) Directly by a parent corporation; or 

(2) Through another subsidiary of a parent corporation 

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. 

Veteran-owned small business concern means a small business concern— 

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly 

owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and 

(2) The management and daily business operations of which are controlled by one or more veterans. 

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any 

publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business 

operations are controlled by one or more women 

Women-owned small business concern means a small business concern— 

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock 

of which is owned by one or more women; and 
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(2) Whose management and daily business operations are controlled by one or more women. 

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small 

business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of 

which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved thirdparty certifier in accordance with 13 CFR 127.300. 

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not 

automatically change the representations and certifications in SAM. 

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. 

After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted 

electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered 

or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) 

applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by 

reference (see FAR 4.1201), except for paragraphs __. 

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this 

solicitation only, if any. 

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 electronically on SAM.] 

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be 

performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). 

Check all that apply. 

(1) Small business concern. The offeror represents as part of its offer that— 

(i) It □ is, □ is not a small business concern; or 

(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). 

[ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.] 

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) 

of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern. 

(3) Service-disabled veteran-owned small business concern. [ Complete only if the offeror represented itself as a veteran-owned small 

business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that— 

(i) It □ is, □ is not a service-disabled veteran-owned small business concern; or 

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2). [The offeror shall enter the name and 

unique entity identifier of each party to the joint venture: ____________.] Each service-disabled veteran-owned small business concern 

participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status. 

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) 

of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002. 

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) 

of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern. 

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it □ is, □ is not a joint venture that complies with the 

requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: 

____________.] 

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it □ is, □ is not a joint 

venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of 

each party to the joint venture: ____________.] 
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Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (9) only if this solicitation is expected to exceed the simplified acquisition 

threshold. 

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business 

concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a 

women-owned business concern. 

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas 

in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent 

of the contract price:____________ 

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of 

this provision.] The offeror represents, as part of its offer, that– 

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a 

HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of 

HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and 

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The offeror shall enter 

the name and unique entity identifier of each party to the joint venture: ______.] Each HUBZone small business concern participating in the 

HUBZone joint venture shall provide representation of its HUBZone status. 

(d) Representations required to implement provisions of Executive Order11246- (1) Previous contracts and compliance. The offeror 

represents that- 

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and 

(ii) It □ has, □ has not filed all required compliance reports. 

(2) Affirmative Action Compliance. The offeror represents that- 

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs 

required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or 

(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the 

Secretary of Labor. 

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the 

contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal 

appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, 

a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with 

the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the 

offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying 

Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom 

payments of reasonable compensation were made. 

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is 

included in this solicitation.) 

(1) (i) The Offeror certifies that each end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a 

critical component, except those listed in paragraph (f)(2) of this provision, is a domestic end product. 

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end 

products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall 

also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage 

of the domestic content is unknown, select “no”. 

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105). 

(iv) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” “domestic end product,” "end product," "foreign end 

product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies." 
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(2) Foreign End Products: 

Line Item No. Country of Origin Exceeds 55% domestic content (yes/no) 

______________ 

_________________ 

_________________ 

______________ 

_________________ 

_________________ 

______________ 

_________________ 

 

_________________ 

[List as necessary] 

(3) Domestic end products containing a critical component: 

Line Item No. __ 

[List as necessary] 

(4) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. 

(g) (1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free 

Trade Agreements-Israeli Trade Act, is included in this solicitation.) 

(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end 

product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component. 

(B) The terms "Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," 

"critical component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement 

country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade 

Agreements-Israeli Trade Act." 

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahraini, Moroccan, Omani, 

Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade 

Agreements-Israeli Trade Act." 

Free Trade Agreement Country End Products (Other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli 

End Products: 

Line Item No. Country of Origin 

______________ 

_________________ 

______________ 

_________________ 
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______________ 

_________________ 

[List as necessary] 

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as 

defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign 

end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end 

products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these 

foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is 

unknown, select “no” 

Other Foreign End Products: 

Line Item No. Country of Origin Exceeds 55% domestic content (yes/no) 

______________ 

______________ 

______________ 

______________ 

______________ 

_____________ 

______________ 

______________ 

______________ 

[List as necessary] 

(iv) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR 25.105). 

Line Item No. ___ 

[List as necessary] 

(v) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. 

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included 

in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: 

(g)(1)(ii) The offeror certifies that the following supplies are Israeli end products as defined in the clause of this solicitation entitled “Buy 

American—Free Trade Agreements—Israeli Trade Act”: 

Israeli End Products: 

Line Item No. 

____________ 

______________ 

______________ 

[List as necessary] 
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(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in 

this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: 

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahraini, Korean, 

Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy 

American-Free Trade Agreements-Israeli Trade Act": 

Free Trade Agreement Country End Products (Other than Bahraini, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or 

Israeli End Products: 

Line Item No. Country of Origin 

__________________ 

__________________ 

__________________ 

__________________ 

__________________ 

__________________ 

[List as necessary] 

(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) 

(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated 

country end product, as defined in the clause of this solicitation entitled "Trade Agreements." 

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. 

Other End Products 

Line Item No. Country of Origin 

_________________ 

__________________ 

__________________ 

_________________ 

__________________ 

__________________ 

[List as necessary] 

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line items covered by the WTO 

GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy 

American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting 

Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the 

solicitation. 

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the 

simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals– 

(1) □ Are, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any 

Federal agency; 
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(2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: 

commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government 

contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, 

theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or 

receiving stolen property; 

(3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these 

offenses enumerated in paragraph (h)(2) of this clause; and 

(4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that 

exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied. 

(i) Taxes are considered delinquent if both of the following criteria apply: 

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there 

is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all 

judicial appeal rights have been exhausted. 

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full 

payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. 

(ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax 

Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court 

review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. 

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.

R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax 

Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability 

because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. 

Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. 

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full 

compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. 

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 

U.S.C. §362 (the Bankruptcy Code) 

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in 

paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor 

Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b). 

(1) Listed end products. 

Listed End Product Listed Countries of Origin 

___________________ 

__________________ 

___________________ 

__________________ 

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the 

offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block. 

☐ (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the 

corresponding country as listed for that product. 

☐ (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the 

corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or 

indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those 
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efforts, the offeror certifies that it is not aware of any such use of child labor. 

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) 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 

(2) □ Outside the United States 

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards (Certification by the offeror as to its 

compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt 

services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] 

☐ (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror □ does □ does not certify 

that– 

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or 

traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of 

normal business operations; 

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for 

the maintenance, calibration, or repair of such equipment; and 

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that 

used for these employees and equivalent employees servicing the same equipment of commercial customers. 

☐ (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror □ does □ does not certify that- 

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or 

subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations 

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)

(2)(iii)); 

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly 

average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract 

period if the contract period is less than a month) servicing the Government contract; an 

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that 

used for these employees and equivalent employees servicing commercial customers 

(3) If paragraph (k)(1) or (k)(2) of this clause applies– 

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract 

Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and 

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of 

this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. 

(l) Taxpayer Identification Number (TIN) ( 26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this 

information to the SAM to be eligible for award. 

(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) 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 Internal Revenue Service (IRS). 

(2) 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 

(3) 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. 

(4) 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 CFR1.6049-4; 

☐Other ________________________________. 

(5) Common parent. 

☐Offeror is not owned or controlled by a common parent; 

☐Name and TIN of common parent: 

Name ________________________________ 

TIN _________________________________. 

(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted 

business operations in Sudan. 

(n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Government agencies are not permitted to use appropriated (or 

otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, 

unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. 

(2) Representation. The Offeror represents that– 

(i) It □ is, □ is not an inverted domestic corporation; and 

(ii) It □ is, □ is not a subsidiary of an inverted domestic corporation. 

(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall e-mail questions 

concerning sensitive technology to the Department of State at CISADA106@state.gov. 

(2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, 

by submission of its offer, the offeror- 

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or 
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any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; 

(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be 

imposed under section 5 of the Iran Sanctions Act; and 

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds 

the threshold at FAR 25.703-2(a)(2) with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests 

in property of which are blocked pursuant to the International Emergency Economic Powers Act (et seq.) (see OFAC’s Specially Designated 

Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx). 

(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- 

(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and 

(ii) The offeror has certified that all the offered products to be supplied are designated country end products. 

(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to 

have a unique entity identifier in the solicitation). 

(1) 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 (2) and if applicable, paragraph (3) of this provision for each participant in the 

joint venture. 

(2) If the Offeror indicates "has" in paragraph (p)(1) 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. 

(3) If the Offeror indicates "yes" in paragraph (p)(2) 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) 

(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 

(1) 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– 

(i) 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 

(ii) 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 

(2) The Offeror represents that– 

(i) 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 
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(ii) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. 

(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code 

Reporting.) 

(1) 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. 

(2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a 

Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): 

Predecessor CAGE code: (or mark "Unknown"). 

Predecessor legal name: ____. 

(Do not use a "doing business as" name). 

(s) [Reserved]. 

(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM 

( 12.301(d)(1)). 

 

(1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior Federal fiscal year. The 

representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year. 

(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. (i) The Offeror (itself or through its immediate owner 

or highest-level owner) □ does, □ does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible website 

the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently 

applied criteria, such as the Greenhouse Gas Protocol Corporate Standard. 

(ii) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not publicly disclose a quantitative greenhouse 

gas emissions reduction goal, i.e., make available on a publicly accessible website a target to reduce absolute emissions or emissions intensity 

by a specific quantity or percentage. 

(iii) A publicly accessible website includes the Offeror's own website or a recognized, third-party greenhouse gas emissions reporting 

program. 

(3) If the Offeror checked "does" in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall provide the publicly 

accessible website(s) where greenhouse gas emissions and/or reduction goals are reported:____________. 

(u) (1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies 

are not permitted to use appropriated (or otherwise made available) funds for contracts with an entity that requires employees or 

subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or 

otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law 

enforcement representative of a Federal department or agency authorized to receive such information. 

(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to Standard Form 312 (Classified 

Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form 

issued by a Federal department or agency governing the nondisclosure of classified information. 

(3) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or 

comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from 

lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement 

representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General). 

(v) Covered Telecommunications Equipment or Services-Representation. Section 889(a)(1)(A) and section 889 (a)(1)(B) of Public Law 

115-232. 

(1) The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities 
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excluded from receiving federal awards for "covered telecommunications equipment or services". 

(2) The Offeror represents that– 

(i) It □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the 

Government in the performance of any contract, subcontract, or other contractual instrument. 

(ii) After conducting a reasonable inquiry for purposes of this representation, that it □ does, □ does not use covered telecommunications 

equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services. 

(End of Provision) 

PROVISIONS ADDED TO PART 12 BY ADDENDUM

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY 

AGREEMENTS OR STATEMENTS-REPRESENTATION (JAN 2017) FAR

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2022) DFARS

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) FAR

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016) DFARS

252.204-7008 OCT 2016

As prescribed in 204.7304 (a), use the following provision: 

COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016) 

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

“Controlled technical information,” “covered contractor information system,” “covered defense information,” “cyber incident,” “information 

system,” and “technical information” are defined in clause 252.204-7012 , Safeguarding Covered Defense Information and Cyber Incident 

Reporting. 

(b) The security requirements required by contract clause 252.204-7012 , shall be implemented for all covered defense information on all 

covered contractor information systems that support the performance of this contract. 

(c) For covered contractor information systems that are not part of an information technology service or system operated on behalf of the 

Government (see 252.204-7012 (b)(2) -- 

(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of 

Standards and Technology (NIST) Special Publication (SP) 800-171 “Protecting Controlled Unclassified Information in Nonfederal Information 

Systems and Organizations” (see http://dx.doi.org/10.6028/NIST.SP.800-171) that are in effect at the time the solicitation is issued or as 

authorized by the contracting officer not later than December 31, 2017. 

(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that are in effect at the time 

the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the 

DoD Chief Information Officer (CIO), a written explanation of -- 

(A) Why a particular security requirement is not applicable; or 

(B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular 
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requirement and achieve equivalent protection. 

(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in 

writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract. 

(End of provision) 

M05 EVALUATION FACTOR FOR USED, RECONDITIONED, REMANUFACTURED SUPPLIES OR UNUSED FORMER GOVERNMENT 

SURPLUS PROPERTY (SEP 2016)

52.215-6 PLACE OF PERFORMANCE (OCT 1997) FAR

(a) The offeror or respondent, in the performance of any contract resulting from this solicitation, [ ] intends, [ ] does not intend [check 

applicable block] to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated 

in this proposal or response to request for information. 

(b) If the offeror or respondent checks “i ntends” in paragraph (a) of this provision, it shall insert in the following spaces the required 

information: 

 

Place of Performance

(Street Address, City, State, County, ZIP Code) 

____________________ ______________________________ 

__________________________________________________ 

__________________________________________________ 

 

Name and Address of Owner and Operator of the Plant or Facility if Other than Offeror or Respondent 

__________________________________________________ 

__________________________________________________ 

__________________________________________________ 

(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, with EPA, Indefinite Quantity Contract (IQC) contract resulting from this solicitation. 

(End of provision)

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN SANCTIONED ACTIVITIES RELATING TO IRAN - 

REPRESENTATION AND CERTIFICATION (JUN 2020) FAR

 252.219-7000 ADVANCING SMALL BUSINESS GROWTH (JUN 2023) FAR

252.225-7000 BUY AMERICAN STATUTE - BALANCE OF PAYMENTS PROGRAM CERTIFICATE (NOV 2014) DFARS

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “foreign end product,” “qualifying country,” 

“qualifying country end product,” and “United States,” as used in this provision, have the meanings given in the Buy American and Balance of Payments 

Program --Basic clause of this solicitation. 

(b) Evaluation. The Government -- 

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and 

(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American statute or the Balance of Payments 

Program. 

(c) Certifications and identification of country of origin.

(1) For all line items subject to the Buy American and Balance of Payments Program --Basic clause of this solicitation, the offeror certifies that -- 

(i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product; and 

(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the 

United States or a qualifying country. 

(2) The offeror certifies that the following end products are qualifying country end products: 

Line Item Number Country of Origin 

 

 (3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end 

products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of “domestic end product”: 

Line Item Number Country of Origin (If known) 

 

(End of provision) 
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252.225-7000 BUY AMERICAN STATUTE---BALANCE OF PAYMENTS PROGRAM CERTIFICATE)---ALTERNATE I (NOV 2014) 

DFARS

Alternate I. 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: 

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)

252.225-7055 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME (MAY 2022) DFARS

252.225-7057 PREAWARD DISCLOSURE OF EMPLOYMENT OF INDIVIDUALS WHO WORK IN THE PEOPLE’S REPUBLIC OF CHINA 

(AUG 2022) DFARS

252.225-7059 PROHIBITION ON CERTAIN PROCUREMENTS FROM THE XINJIANG UYGHUR AUTONOMOUS REGION -- 

REPRESENTATION (JUN 2023) DFARS

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS —NOTICE AND REPRESENTATION (JUN 2020) FAR

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

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, 

manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the 

United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means --

(1) A citizen or resident of the United States; 

(2) A domestic partnership; 

(3) A domestic corporation; 

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and 

(5) Any trust if -- 

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and 

(ii) One or more United States persons have the authority to control all substantial decisions of the trust. 

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such 

payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7. 

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would claim an 

exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign 

Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. Any exemption claimed and selfcertified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax 

are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring 

agency rather than to the IRS. 

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that -- 

(1) It [ ] is [ ] is not a foreign person; and 

(2) If the Offeror indicates “is” in paragraph (d)(1) of this provision, then the Offeror represents that --I am claiming on the IRS Form W-14 [ ] 
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a full exemption, or [ ] partial or no exemption [Offeror shall select one] from the excise tax. 

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then -- 

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and 

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be 

applied to any resulting contract and the Government will withhold a full 2 percent of each payment. 

(f) If the Offeror selects “is” in paragraph (d)(1) and “partial or no exemption” in paragraph (d)(2) of this provision, the Offeror will be subject to 

withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract. 

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is 

called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue 

Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of 

facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of provision)

L02 ELECTRONIC ORDER TRANSMISSION (JUN 2020)

Offerors shall select one of the following alternatives for paperless order transmission: 

[ ] American National Standards Institute (ANSI) X12 Standards through a value added network (VAN) approved by DLA Transaction Services; or 

[ ] Electronic mail (email) award notifications containing web links to electronic copies of the Department of Defense (DD) Form 1155, Order for Supplies 

or Services. 

Offerors must register on the DLA Internet Bid Board System (DIBBS) (https://www.dibbs.bsm.dla.mil/ ) to receive email notification. 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 contractor receives the award transaction set on a 

weekend or Federal holiday, the contractor shall acknowledge receipt on the next business day. This acknowledgement will confirm that the contractor's 

interface with the system is working as needed for contract ordering. 

Offerors can obtain information regarding EDI, ANSI X12 transactions, and VANs approved by DLA Transaction Services at Defense Automatic 

Addressing System (DAAS) Value Added Network List (https://www.transactionservices.dla.mil/daashome/edi-vanlist-dla.asp).

Offerors should direct questions concerning electronic ordering 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 

L06 AGENCY PROTESTS (DEC 2016)

L09 REVERSE AUCTION (OCT 2016)

252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES---REPRESENTATION (DEC 2019) DFARS

As prescribed in 204.2105 (a), use the following provision: 

(a) Definitions. As used in this provision, “covered defense telecommunications equipment or services” has the meaning provided in the clause 

252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services. 

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities 

excluded from receiving federal awards for “covered defense telecommunications equipment or services”. 

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense telecommunications equipment or services as a part of its 

offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. 

(End of provision)

252.204-7024 NOTICE ON THE USE OF THE SUPPLIER PERFORMANCE RISK SYSTEM (MAR 2023) DFARS

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

EQUIPMENT (NOV 2021) FAR

As prescribed in 4.2105(a), insert the following provision: 

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered 

telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or 

other contractual instrument” in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services --Representation, or in 

paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services . The Offeror 

shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it “does not use covered telecommunications 

equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services” in paragraph (c)(2) of the 

provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3. 

(a) Definitions. As used in this provisionBackhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and 

substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and 

Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the 

head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any 

equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as 

critical technology as part of any system. Nothing in the prohibition shall be construed to -- 

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, 
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SPE300-24-R-X008

Part 12 Provisions (CONTINUED)

roaming, or interconnection arrangements; or 

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such 

equipment transmits or otherwise handles. 

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an 

executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, 

system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical 

technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is 

in performance of work under a Federal contract. Nothing in the prohibition shall be construed to -- 

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, 

roaming, or interconnection arrangements; or 

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such 

equipment transmits or otherwise handles. 

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities 

excluded from receiving federal awards for “covered telecommunications equipment or services.” 

(d) Representations. The Offeror represents that -- 

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or 

other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of 

this section if the Offeror responds “will” in paragraph (d)(1) of this section; and 

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that -- 

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered 

telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the 

Offeror responds “does” in paragraph (d)(2) of this section. 

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in 

paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: 

(i) For covered equipment -- 

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity 

was the original equipment manufacturer (OEM) or a distributor, if known); 

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or 

wholesaler number; and item description, as applicable); and 

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible 

under the prohibition in paragraph (b)(1) of this provision. 

(ii) For covered services -- 

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: 

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or 

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered 

telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this 

provision. 

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this 

provision, the Offeror shall provide the following information as part of the offer: 

(i) For covered equipment -- 

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity 

was the OEM or a distributor, if known); 

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or 

wholesaler number; and item description, as applicable); and 

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible 

under the prohibition in paragraph (b)(2) of this provision. 

(ii) For covered services -- 

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: 

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or 

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services 

and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. 

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES---REPRESENTATION (OCT 2020) FAR

As prescribed in 4.2105(c), insert the following provision: 

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, 

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. 

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities 

excluded from receiving federal awards for “covered telecommunications equipment or services”. 

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered 

products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. 

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ] does, [ ] does not use covered 

telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services. 

 (End of provision)