10. FOR

 INFORMATION 

 CALL: 

13. DISCOUNT FOR PROMPT PAYMENT 

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

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

 UNDER DPAS (15 CFR 700)

 RATING

2. CONTRACT No.

SPE3S1-21-R-0004

3. SOLICITATION No. 4. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

2020 DEC 17

5. DATE ISSUED

1000109280

 6. REQUISITION/PURCHASE No. 

7. ISSUED BY 8. ADDRESS OFFER TO

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

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

handcarried, in the depository located in local time

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

contained in this solicitation.

 11. TABLE OF CONTENTS

DESCRIPTION

25. PAYMENT WILL BE MADE BY

CODE

 SOLICITATION

until

(Hour) (Date)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION NOT USABLE

 STANDARD FORM 33 (Rev.9-97)

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

OFFER (Must be fully completed by offeror )

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

AWARD (To be completed by Government)

 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

 (Type or print)

 14. ACKNOWLEDGMENT OF AMENDMENTS (The offeror acknowledges receipt of 

amendments to the SOLICITATION for offerors

and related documents numbered and dated):

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

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

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

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

SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD

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

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

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

 PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES

DESCRIPTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

DELIVERIES OR PERFORMANCE

K REPRESENTATIONS, CERTIFICATIONS AND OTHER 

STATEMENTS OF OFFERORS

AMENDMENT NO. DATE AMENDMENT NO. DATE

 G

 H

SEC. 

 B

 A

 C

 E

 D

 F

(X)

CODE FACILITY 

15C. CHECK IF REMITTANCE ADDRESS IS 

DIFFERENT FROM ABOVE - ENTER SUCH 

ADDRESS IN SCHEDULE

 17. SIGNATURE

19. ACCEPTED AS TO ITEMS NUMBERED

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

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

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer )

 26. NAME OF CONTRACTING OFFICER (Type or print)

calendar days (60 calendar days unless a different 

 15A. NAME AND 

 ADDRESS 

 OF OFFER- 

 OR 

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

DLA TROOP SUPPORT 

SUBSISTENCE SUPPLY CHAIN 

700 ROBBINS AVENUE 

PHILADELPHIA PA 19111-5096 

USA

See Continuation Sheet

1

See section A-1 3:00PM 2021-Jan-28

Russell Manuel PSPTRCB

A. NAME

Phone: 215-737-0486 

 FAX: 215-737-2988

B. PHONE/FAX (NO COLLECT CALLS)

Russell.J.Manuel@dla.mil

 C. EMAIL ADDRESS

X 1

15B. TELEPHONE NUMBER 18. OFFER DATE

28. AWARD DATE

20. AMOUNT

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

21. ACCOUNTING AND APPROPRIATION

ITEM

SPE3S1

AREA CODE NUMBER EXT.

(4 copies unless otherwise specified)

PAGE 1 OF 108
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SPE3S1-21-R-0004

SECTION A - SOLICITATION/CONTRACT FORM

TECHNICAL REQUIREMENTS

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

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

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

THE MASTER IN EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE 

REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES 

A FOLLOW-ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS. 

 

SOLICITATION AND OFFER - FORM SF33 

 

(CONTINUATION SHEET) 

 

A-1 

 

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

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

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

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

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

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

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

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

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

 

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

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

 

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

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

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

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

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

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

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

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

allow for security processing and to secure an escort. 

 

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

the offer is due.

 

COVID-19 NOTICE: 

 

DUE TO COVID-19, THE BID ROOM WILL NOT ACCEPT ANY PROPOSAL SUBMISSIONS AND INPERSON DELIVERIES BY A CONTRACTOR ARE NOT AUTHORIZED UNTIL FURTHER NOTICE. 

IN-PERSON DELIVERIES MAY BE MADE BY COMMERCIAL CARRIER; HOWEVER, OFFERORS 
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SPE3S1-21-R-0004

SECTION A - SOLICITATION/CONTRACT FORM (CONTINUED)

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

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

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

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

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

RECEIVING OFFICE LISTED IN SECTION L AND BELOW: 

 

ATTN: RUSSELL MANUEL AND CANDICE CAMPBELL 

DEFENSE LOGISTICS AGENCY 

DLA TROOP SUPPORT 

POST OFFICE BOX 56667 

PHILADELPHIA, PA 19111-6667 

 

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

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

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

Manuel (russell.j.manuel@dla.mil) and the Contracting Officer, Candice Campbell (candice.campbell@dla.

mil). Although e-mail offers are acceptable, all Product Demonstration Models must be delivered to the 

location identified above and in Section L by the date and time set for receipt of proposals. 

Note:

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

Proposal submissions must be prepared accordingly. Individual email attachments should not exceed 5MB in 

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

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

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

intended recipients. 

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

must be transmitted in sufficient time to ensure and confirm receipt by the Government. Offerors are advised 

that DLA Troop Support's email system may rely on several different servers and/or security firewalls. As a 

result, there may be a lag time between the date/time stamp the offeror sends an offer via email and the date/

time stamp indicates the offer is received by the authorized email address. For the purposes of establishing the 

timeliness of a proposal, only the date/time indicated by the authorized email address as having been received 

will be used. Any offer that is received by the authorized email address with a date/time stamp after the closing 

date/time of the subject solicitation will be considered late, regardless of the date/time when the email was sent 

or when initially received by Government servers. Late proposals will not be accepted or considered. 

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

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

Russell Manuel (Russell.J.Manuel@dla.mil) and the Contracting Officer, Candice Campbell (candice.campbell@dla.

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

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

are subject to the terms of FAR 52.215-1. 
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SPE3S1-21-R-0004

SECTION A - SOLICITATION/CONTRACT FORM (CONTINUED)

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

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

Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. 

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

be necessary.

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

pricing technique under this solicitation.

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

252.204-7009, and 252.204-7012.

A-2 

CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS 

FAR Part 3.1002(a) requires all Government contractors to conduct themselves with the highest degree of integrity 

and honesty. Contractors should have a written code of business ethics and conduct. To promote compliance with 

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

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

in Government contracting, that facilitates timely discovery and disclosure of improper conduct in connection with 

Government contracts, and ensures corrective measures are promptly instituted and carried out. A contractor may be 

suspended and/or debarred for knowing failure by a principal to timely disclose to the Government, in connection 

with the award, performance, or closeout of a Government contract performed by the contractor or a subcontract 

awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, 

bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.

S.C. 3729-3733) 

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

ETHICS AND CONDUCT; contained elsewhere in the solicitation or contract. The contractor shall comply with the 

terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and 

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

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

gratuity violations found in title 18 of the United States Code or any violations of the False Claims Act. (31 U.S.C. 

3729-3733) 

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

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

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

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

FOB Destination terms are applicable to this solicitation. 

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

submissions can be found in Section L-4. 

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

Requirements must be submitted with initial offer. 

 
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SPE3S1-21-R-0004

SECTION A - SOLICITATION/CONTRACT FORM (CONTINUED)

 

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

B-1 Items to be Supplied 

 

A. Estimated Requirements 

 

Line NSN Item Estimated Yearly Quantity (EA) 

 

0001 8960-01-631-1103 Beverage Base, Sweetened with Non-Nutritive Sweetener, Cranberry Grape 1,515,000

0002 8960-01-527-8377 Beverage Base, Sweetened with Non-Nutritive Sweetener, Lemonade 3,030,000

0003 8960-01-584-8726 Beverage Base, Sweetened with Non-Nutritive Sweetener, Orange, Fortified 6,060,000 

 with Ascorbic Acid and Calcium 

0004 8960-01-527-8378 Beverage Base, Sweetened with Non-Nutritive Sweetener, Raspberry 1,515,000 

0005 8960-01-505-4234 Beverage Powder, Carbohydrate, Electrolyte, Fruit Punch 3,030,000

0006 8960-01-505-4236 Beverage Powder, Carbohydrate, Electrolyte, Grape 3,030,000 

0007 8960-01-505-4238 Beverage Powder, Carbohydrate, Electrolyte, Lemon 3,030,000

0008 8960-01-505-4240 Beverage Powder, Carbohydrate, Electrolyte, Orange 3,030,000 

0009 8960-01-523-6346 Beverage Powder, Carbohydrate, Fortified with Ascorbic Acid and 3,030,000 

 Enhanced with Maltodextrin, Lemon-Lime 

0010 8960-01-523-6344 Beverage Powder, Carbohydrate, Fortified with Ascorbic Acid and 1,515,000 

 Enhanced with Maltodextrin, Orange 

0011 8960-01-523-6348 Beverage Powder, Carbohydrate, Fortified with Ascorbic Acid and 1,515,000 

 Enhanced with Maltodextrin, Tropical Punch 

0012 8940-00-782-3161 Creamer, Non-Dairy, Dry, Regular 18,180,000

0013 8960-01-691-7254 Tropical Blend Beverage Powder 1,515,000 

 

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

estimated quantities. 

 

B. Indefinite-Quantity Contract (IQC) Quantities 

 

The IQC minimum and IQC maximum quantities for each Rations National Contract (RNC) Beverage component 

are as follows (Unit of measure for each component is each (EA)): 

 

Line Item Guaranteed Min. (5 tiers) Maximum (5 tiers) 

 

0001 Beverage Base, Sweetened with Non-Nutritive Sweetener, Cranberry Grape 1,262,500 18,937,500 

0002 Beverage Base, Sweetened with Non-Nutritive Sweetener, Lemonade 2,525,000 37,875,000 

0003 Beverage Base, Sweetened with Non-Nutritive Sweetener, Orange, Fortified 5,050,000 75,750,000 

 with Ascorbic Acid and Calcium 

0004 Beverage Base, Sweetened with Non-Nutritive Sweetener, Raspberry 1,262,500 18,937,500 

0005 Beverage Powder, Carbohydrate, Electrolyte, Fruit Punch 2,525,000 37,875,000 

0006 Beverage Powder, Carbohydrate, Electrolyte, Grape 2,525,000 37,875,000 

0007 Beverage Powder, Carbohydrate, Electrolyte, Lemon 2,525,000 37,875,000 

0008 Beverage Powder, Carbohydrate, Electrolyte, Orange 2,525,000 37,875,000 

0009 Beverage Powder, Carbohydrate, Fortified with Ascorbic Acid and 2,525,000 37,875,000 

 Enhanced with Maltodextrin, Lemon-Lime 

0010 Beverage Powder, Carbohydrate, Fortified with Ascorbic Acid and 1,262,500 18,937,500 

 Enhanced with Maltodextrin, Orange 

0011 Beverage Powder, Carbohydrate, Fortified with Ascorbic Acid and 1,262,500 18,937,500 

 Enhanced with Maltodextrin, Tropical Punch 

0012 Creamer, Non-Dairy, Dry, Regular 15,150,000 227,250,000 

0013 Tropical Blend Beverage Powder 1,262,500 18,937,500 

 

Note: Surge Quantities are applicable to all RNC Beverage components. A table detailing the timelines and 

quantities required to support each components surge requirements is detailed in Section I of this solicitation. 
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SPE3S1-21-R-0004

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

C. Delivery Schedule 

RNC Beverage components are F.O.B. Destination, and one price must be offered for all Meal, Ready-to-Eat (MRE) 

assembler locations:

 

 

AmeriQual Packaging SOPAKCO, Inc. The Wornick Company 

225 West Morgan Avenue 118 S. Cypress Street 4700 Creek Road 

Evansville, IN 47710 Mullins, SC 29574 Cincinnati, OH 45242-8330 

 

Note: Some or all of these locations could change during the performance of the contract, and delivery must be made 

to the specified delivery destination at no additional cost to the Government. Actual ordering quantities and shipping 

information will be provided in individual delivery order(s). Orders will be placed on an F.O.B Destination basis 

only. The MRE Assemblers will be responsible for ordering and developing delivery schedules for RNC components. 

Section H-1 further details RNC component ordering.

 

B-2 General Information

DLA Troop Support will establish a RNC with component manufacturers, and will authorize the Meal, Ready-toEat (MRE) assemblers to order directly from the national contracts in lieu of DLA providing the components as 

Government Furnished Material (GFM). The RNC will establish the component prices, but the assemblers, will 

order and pay for the material directly. The assemblers will have full control over when to order, how much to 

order, and have full responsibility for the supply chain and inventory. See FAR 52.216-19 - Order limitations for 

more information. 

 

Note: The quantities ordered by the Assemblers satisfies the Government's minimum order.

Note: Terms and conditions of the individual RNC Beverage component contract(s) will prevail in the case of a 

conflict with the MRE contract.

The effective term of the contract will contain five (5) consecutive tiered delivery periods. Each tier will be 365 

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

contract. 

This solicitation is a Small Business Set-Aside for all line items. The North American Industry Classification System 

(NAICS) codes under this solicitation for each RNC Beverage component is as follows: 

 

Line Item NAICS Code Size Standard (# Employees) 

 

0001 Beverage Base, Sweetened with Non-Nutritive Sweetener, Cranberry Grape 311999 500 

0002 Beverage Base, Sweetened with Non-Nutritive Sweetener, Lemonade 311999 500 

0003 Beverage Base, Sweetened with Non-Nutritive Sweetener, Orange, Fortified 311999 500 

 with Ascorbic Acid and Calcium 

0004 Beverage Base, Sweetened with Non-Nutritive Sweetener, Raspberry 311999 500 

0005 Beverage Powder, Carbohydrate, Electrolyte, Fruit Punch 311999 500 

0006 Beverage Powder, Carbohydrate, Electrolyte, Grape 311999 500 

0007 Beverage Powder, Carbohydrate, Electrolyte, Lemon 311999 500 

0008 Beverage Powder, Carbohydrate, Electrolyte, Orange 311999 500 

0009 Beverage Powder, Carbohydrate, Fortified with Ascorbic Acid and 311999 500 

 Enhanced with Maltodextrin, Lemon-Lime 

0010 Beverage Powder, Carbohydrate, Fortified with Ascorbic Acid and 311999 500 

 Enhanced with Maltodextrin, Orange 
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SPE3S1-21-R-0004

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

0011 Beverage Powder, Carbohydrate, Fortified with Ascorbic Acid and 311999 500 

 Enhanced with Maltodextrin, Tropical Punch 

0012 Creamer, Non-Dairy, Dry, Regular 311514 750 

0013 Tropical Blend Beverage Powder 311999 500 

 

B-3 Pricing 

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

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

Tier 4, and Tier 5. The performance period of the contract will end on the 365th day of Tier 5. 

Note: RNC Beverage Component prices will be based on the tier period an order is placed, not when an order is 

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

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

B-4 Indefinite Quantity Contract 

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

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

quantity. The bottom of the range is the minimum (the IQC minimum quantity), which the Government is obliged 

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

quantity) which is the largest quantity the Government may order, and which the contractor agrees to provide if 

ordered. The Government may order a quantity within that range. Sometimes an estimated quantity is stated also; 

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

Note: The quantities ordered by the Assemblers satisfies the Government's minimum order. 

 

B-5 Product Demonstration Models (PDMs)

 

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

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

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

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

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

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

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

 

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

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

performance. 

 

 

 

Initial PDM 

 

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

and found to meet the standards referenced in the respective RNC Beverage component specification. Individual 

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

evaluation criteria as a part of a proposal. Offerors must warrant that product submitted under any resultant 

contract will conform to all packaging, labeling and packing requirements as well as analytical requirements. The 

Government will not accept product offered under this solicitation or produced for performance under the resultant 

contract that does not conform to all requirements. 

 
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SPE3S1-21-R-0004

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

 

 

 

New PDM (may not apply) 

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

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

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

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

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

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

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

will become the product standard. 

 

Replacement PDM 

 

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

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

 

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

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

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

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

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

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

must submit a replacement PDM if determined necessary by the Government. Contractors must certify that the PDM

(s) conforms to all specification/production description characteristics, or must adequately describe any differences 

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

 

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

evaluations by Natick. 

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

Replenishment PDM 

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

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

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

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

replenishment PDMs for Natick and 4 replenishment PDMs for DLA Troop Support.

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

Submission Process for New, Replacement, and Replenishment PDMs 

 

106 PDMs of each Beverage component must be submitted as follows:

 

32 PDMs of each Beverage component must be sent to: 
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SPE3S1-21-R-0004

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

DEPARTMENT OF THE ARMY 

FCDD-SCC-EMR ATTN: Jill Bates 

COMBAT CAPABILITIES COMMAND - SOLDIER CENTER 

10 GENERAL GREENE AVENUE 

NATICK, MA 01760 

 

4 PDMs of each Beverage component must be sent to: 

 

DLA TROOP SUPPORT 

700 ROBBINS AVENUE 

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

PHILADELPHIA, PA 19111 

 

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

information: 

 

Product Demonstration Model Contract Number 

Product Identity 

Lot# 

Company Name and Address 

Point of Contact Name and Phone Number 

 

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

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

number; USDA certification as applicable; analytical and microbiological test results performed by the contractor; 

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

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

 

Contractors must maintain 70 of their own sets of approved PDMs that were derived from identical finishedcomponent production lots and/or identical bulk-component production lots; to be referred to as in-common 

product- code PDMs. The submitting contractor will send written notification of in-common product-code 

submissions, endorsed by each participating contractor, to DLA Troop Support for approval by the Contracting 

Officer. DLA Troop Support will notify Natick as to which contractors are submitting what in-common productcodes. Once notified of Contracting Officer approval, the submitting Contractor must include in its submission 

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

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

Troop Support. 

 

Evaluation Process for New, Replacement, and Replenishment PDMs 

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

 

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

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

in order to be rated as “Acceptable”. 

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

An “Acceptable” PDM-rating will not constitute a waiver of any specification requirement unless specifically stated 

by the Contracting Officer. 

 

 

SECTION C - SPECIFICATIONS/SOW/SOO/ORD

C-1. NSN/Item Description 

 

8960-01-631-1103

BEVERAGE BASE, SWEETENED WITH NON-NUTRITIVE SWEETENER, CRANBERRY GRAPE; 2.2 gm flex 

pg, CID A-A-20098, PKG&QAP, Type III, Flavor 22, Formulation a, Design D

 

8960-01-527-8377 

BEVERAGE BASE, SWEETENED WITH NON-NUTRITIVE SWEETENER, LEMONADE; 2.2 gm flex pg, CID 

A-A-20098, PKG&QAP, Type III, Flavor 8, Formulation a, Design D

 

8960-01-584-8726 

BEVERAGE BASE, SWEETENED WITH NON-NUTRITIVE SWEETENER, ORANGE, FORTIFIED WITH 

ASCORBIC ACID AND CALCIUM; 3 gm flex pg, CID A-A-20098, PKG&QAP, Type III, Flavor 1, Formulation h, 

Design D 

 

8960-01-527-8378 

BEVERAGE BASE, SWEETENED WITH NON-NUTRITIVE SWEETENER, RASPBERRY; 2.2 gm flex pg, CID 

A-A-20098, PKG&QAP, Type III, Flavor 13, Formulation a, Design D

 

 
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8960-01-505-4234 

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

Flavor I, Design B 

 

8960-01-505-4236 

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

Design B 

 

8960-01-505-4238 

BEVERAGE POWDER, CARBOHYDRATE, ELECTROLYTE, LEMON-LIME; 24 gm flex pg, PCR-B-013, Flavor 

III, Design B 

 

8960-01-505-4240 

BEVERAGE POWDER, CARBOHYDRATE, ELECTROLYTE, ORANGE; 24 gm flex pg, 

PCR-B-013, Flavor IV, Design B 

 

8960-01-523-6346 

BEVERAGE POWDER, CARBOHYDRATE, FORTIFIED WITH ASCORBIC ACID AND ENHANCED WITH 

MALTODEXTRIN, LEMON-LIME; 34 gm flex pg, PCR-B-055, Flavor 3, Formulation a, Design B 

 

8960-01-523-6344 

BEVERAGE POWDER, CARBOHYDRATE, FORTIFIED WITH ASCORBIC ACID AND ENHANCED WITH 

MALTODEXTRIN, ORANGE; 34 gm flex pg, PCR-B-055, Flavor 4, Formulation a, Design B 

 

8960-01-523-6348 

BEVERAGE POWDER, CARBOHYDRATE, FORTIFIED WITH ASCORBIC ACID AND ENHANCED WITH 

MALTODEXTRIN, TROPICAL PUNCH; 34 gm flex pg, PCR-B-055, Flavor 5, Formulation a, Design B 

 

8940-00-782-3161 

CREAMER, NON-DAIRY, DRY, REGULAR; 4 gm flex pg, CID A-A-20043, PKG&QAP, Style I, Flavor A 

 

8960-01-691-7254 

Tropical Blend Beverage Powder- A full description has not yet been approved. The applicable information will be 

provided via Amendment as soon as it is available. 

 

 

C-2. Prime Documents 

 

CID A-A-20043, PKG&QAP Creamer, Non-Dairy, Dry

CID A-A-20098, PKG&QAP Beverage Bases (Powdered)

PCR-B-013 Beverage Powder, Carbohydrate Electrolyte, Packaged In A Pouch 

PCR-B-055 Beverage Powder, Carbohydrate, Packaged In A Flexible Pouch, Shelf Stable

PCR-F-005 Beverage Powder, Fruit and Vegetable Blend Juice Smoothie- A full description has not yet been 

approved. The applicable information will be provided via Amendment as soon as it is available. 

 

 

Applicable versions of documents cited here as prime documents including changes are posted at 
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http://www.dla.mil/TroopSupport/Subsistence/Operationalrations/Frozen.aspx

 

C-3. Date of Pack 

 

Acceptance will be limited to product processed and packed subsequent to award/invoking the option. 

 

C-4. Miscellaneous Requirements 

 

A. Per- or Polyfluoroalkyl Substance Prohibition

 

Any food contact substances that are used to assemble and package MRE components must not contain per- or 

polyfluoroalkyl substances. 

 

B. Compliance with Applicable Regulations 

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

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

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

regulations. The Contractor shall ensure all sub-contractors comply with all applicable regulations. In 

addition, the contractor is required to comply with all applicable parts of the Code of Federal Regulations. 

 

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

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

distribution of those products. 

 

C. Performance, Packaging and Quality Specifications 

Unless otherwise specified in Sections C, D, or E of this document, the packaging provisions and quality assurance 

provisions (verifications) for individual component items are cited in their respective PCRs, MIL-STDs, MIL-PRFs, 

PKG&QAPs, and MIL specs. 

D. Product Sanitarily Approved Source Requirements 

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

Medical Food Safety, Quality Assurance, and Laboratory Service; DLAR 4155.3, Inspection of Subsistence Supplies 

and Services; DLAD 52.246-9044, Sanitary Conditions; and as clarified by the Armed Forces Food Risk Evaluation 

Committee, all Operational Ration Food Components shall originate from establishments sanitarily approved for 

supplying the specific food item.

2. Sanitary approval is established by: 

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

Procurement (Worldwide Directory) as established by the Army Public Health Center (USAPHC). 

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

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

3. This requirement applies to all Operational Rations and all Government Furnished Materiel (GFM) and 

CFM Operational Ration food components. 

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

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

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

with the Chief, Approved Sources Division, USAPHC. 

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

as determined by USAPHC. 

E. Nutritional Requirements 

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

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

time there is a major formulation change. 

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

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

(attn.: Julie Smith (julie.e.smith30.civ@mail.mil). 

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

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

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

a. Nutrients included shall be: 

 

 

 

Nutrient Measurement Nutrient Measurement 

 

Weight gram Kilocalorie C 

 

Protein gram Carbohydrate gram 

 

Dietary Fiber gram Fat (Total) gram 

 

Cholesterol milligram Fat (Saturated) gram 

 

Water gram Fat (Monounsaturated) gram 

 
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Ash gram Fat (Polyunsaturated) gram 

 

Vitamin A IU Fat (Trans) gram 

 

Riboflavin (B2) milligram Thiamin (B1) milligram 

 

Vitamin B6 milligram Niacin (B3) milligram 

 

Vitamin C milligram Vitamin B12 milligram 

 

Vitamin E (α-equivalents) IU Vitamin D IU 

 

Calcium milligram Folate microgram 

 

Iron milligram Copper milligram 

 

Phosphorus milligram Magnesium milligram 

 

Sodium milligram Potassium milligram 

 

Zinc milligram 

 

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

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

c. Nutrient measurements shall be to the first decimal. 

F. Integrated Pest Management Program Requirements 

The”Integrated Pest Management (IPM) Program Requirements for Operational Rations,” of November 2017 is 

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

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

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

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

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

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

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

the involved lot. DLA Troop Support shall be notified within 24 hours when such pest activity has been found and 

informed of the corrective actions taken. IPM program requirements are found on the DLA Troop Support website at: 

http://www.dla.mil/TroopSupport/Subsistence/FoodSafety/FoodQuality.aspx

G. Food Defense 

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

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

concern listed in the DLA troop Support Food Defense Checklist applicable to the contractor's facility/operation. To 

download a copy of the DLA Troop Support Food Defense Checklist, go to http://www.dla.mil/TroopSupport/

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

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

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

are maintained and secured by FTSB. 

H. Contractor Sanitation Program 

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

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

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

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

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

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

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

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

FoodSafety/FoodQuality.aspx

I. Surge & Sustainment 

 

C06 Surge and Sustainment (S&S) Requirements (FEB 2017) 

 

1. Definitions.

“Surge and sustainment (S&S)” means increased quantities and accelerated delivery rates required to meet 

Military Service requisitions across a broad spectrum of contingencies. The increased quantity and accelerated 

delivery rate are above and beyond the normal peacetime requirements

 

“Capability Assessment Plan (CAP)” means the offeror's plan for covering S&S requirements, identification 

of competing priorities for the same resources, and date when the S&S capability can be attained. The offeror 

must provide the CAP as an attachment to its proposal when S&S items are identified in the solicitation. If the 

offeror cannot meet S&S quantity and delivery needs, the CAP must identify the shortfall and provide best 

value solutions.

 

2. The contractor must maintain its S&S capability to produce and deliver the S&S quantity identified in Section C 

in accordance with the approved capability assessment plan (CAP) throughout the contract performance 

period. The contractor must participate in any S&S testing and verification requested by the Government. The 

contractor agrees to support S&S requirements to the maximum extent practical prior to achieving full S&S 

capability required in Section C and the CAP; and for requirements exceeding those required in Section C and 

the CAP but not exceeding any applicable contract maximum quantity or contract value required in FAR 

52.216-19. Changes that negatively impact S&S capability must be reported in writing to the contracting 

officer within ten (10) working days after the contractor become aware of the impact. The notification must 

include a revised S&S CAP containing proposed corrective actions and date when the S&S capability will be 

attained.

 

3. The Government reserves the right to verify and test the S&S capability described in the CAP at any time 

during contract performance. The Government will prepare a test and verification plan and upon request the 

contractor must demonstrate its S&S capability.

 

4. If requested by the Government, the contractor must be prepared to provide a plan to participate in S&S 
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validation and testing to verify the S&S capability described in the CAP. Participation in S&S validation and 

testing will be at no additional expense to the Government, and does not justify an equitable adjustment to the 

contract price. The plan must include methodology, rating criteria, labor, materials, and time required to 

conduct validation and testing. S&S validation generally entails verifying if the contractor and subcontractors 

have;

 

a. sufficient equipment, facilities, personnel, stock, prepositioned raw materials, production 

capabilities, and base resources; 

 

b. agreements, networks, and plans for distribution (receiving, storing, packaging, and issuing); 

 

c. transportation services to accommodate the S&S requirements in the contract;

 

d. examination of any in-house work;

 

e. review of the stock rotation plan; and

 

other contracts that impact the production of added or accelerated delivery of contract quantities. The testing/

verification plan is required to be included in the offeror's proposal. 

J. Additional Requirements 

1. In view of the fact that the ANSI/ASQC Z1.4 Standard does not contain the definitions for critical, major, and 

minor defects, the following definitions become contractually binding through their inclusion here: 

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

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

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

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

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

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

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

of operation of the unit.

The following change applies to CID A-A-20336, Drink Mixes (Unflavored and Flavored): 

 a. Page 6, § 7.1.2 delete “15.0” and insert “12.0”.

2. Salmonella Testing 

a. For all documents that require Salmonella testing, Microbiological Testing, Association of Official 

Analytical Chemists' Official Method of Analysis 2013.09 (AOAC OMA 2013.09) is authorized. 
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b. Product verification sampling for Salmonella testing: When USDA verification of microbiological 

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

five individual samples regardless of lot size. Each individual sample shall be comprised of the number of randomly 

drawn filled and sealed pouches necessary to yield a minimum sample weight of 28 g (1 oz). 

The following shall be applied to Section D-1 PACKAGING in PKG&QAP A-A-20043 PACKAGING 

REQUIREMENTS AND QUALITY ASSURANCE PROVISIONS FOR CID AA-20043, CREAMER, NONDAIRY, DRY: 

 

A tear nick, notch or serrations shall be provided on one outside edge or two opposite edges of the packet to 

facilitate easy opening of the filled and sealed packet. If a tear nick, notch or serrations are missing or do not facilitate 

easy opening, a Minor 202 defect, under “Table II Filled and sealed packet defects”, shall be assigned for each packet 

not meeting the requirement. The Minor 202 defect description shall be “Tear nick or notch or serrations missing or 

does not facilitate easy opening”. 

 

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

Items, Apr 2014: 

 

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

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

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

 

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

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

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

 

Page 2, At “General Requirements, Pallets”, 

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

MHIA MH1-2005. Pallets shall be Class 1, Type 2, Style 6, Size 2. For pallet loads under 1500 pounds, ref. Part 9, 

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

MH1/9-05SW4048.” 

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

MHI MH1-2016. Pallets shall be: 

Class (Class 1): Stringer Pallet. 

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

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

stringer boards and bottom deckboards, or panels. 

 

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

MHI MH1-2016. 

 

Size 2. 40 inch x 48 inch. 

 

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

3000 pounds, ref. Part 9, Table 4, ANSI Part No. MH1/9-05SW4048. 
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Note: When unitizing individual field meals (MRE, MCW, LRP) and humanitarian ration (HDR), the top deck 

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

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

dimensions.” 

 

 

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

 

SECTION D - PACKAGING AND MARKING

D-1. Packaging 

In accordance with D-1 Packaging of applicable Commercial Item Description (CID) Packaging Requirements and 

Quality Assurance Provisions or applicable Performance-based Contract Requirements (PCR) document. End-item 

primary packaging materials in contact with and any substances packaged within and in contact with the packaged 

end-item food shall not contain per- or polyfluoroalkyl substances. 

 

D-2. Labeling 

 

In accordance with D-2 Labeling of applicable Commercial Item Description (CID) Packaging Requirements and 

Quality Assurance Provisions or applicable Performance-based Contract Requirements (PCR) document. 

 

D-3. Packing 

 

Not more than 40 pounds of product shall be packed in a fiberboard shipping box constructed in accordance with style 

RSC-L of ASTM D5118/D5118M, Standard Practice for Fabrication of Fiberboard Shipping Boxes. The fiberboard shall 

conform to type CF, class D, variety SW, burst grade 200 or ECT grade 32 of ASTM D4727/D4727M, Standard 

Specification for Corrugated and Solid Fiberboard Sheet Stock (Container Grade) and Cut Shapes. Each box shall be 

securely closed in accordance with ASTM D1974/D1974M, Standard Practice for Methods of Closing, Sealing, and 

Reinforcing Fiberboard Boxes. 

 

D-4. Unitization 

 

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

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

 

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

 

D-5. Marking

 

Shipping containers shall be marked in accordance with DLA Troop Support Form 3556, Marking Instructions for Boxes, 

Sacks, and Unit Loads of Perishable and Semiperishable Subsistence. 
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SECTION D - PACKAGING AND MARKING (CONTINUED)

 

D-6. Shipping and Comingling of Lots 

A. Formation of Lots 

In order to facilitate lot traceability at the assembler's plant, the following is required: 

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

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

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

Contracting Officer. 

2. Each shipping case shall normally contain only one manufacturer's lot. If a partial shipping case remains at 

the end of the production day, dunnage shall be used to fill the remainder of the case and the outside of the case shall 

be marked indicating the number of pouches/items within. See the following sub-paragraph entitled “Mixed Code 

Lots” for exception. 

3. Each unit load shall contain only one production lot. However, when a partial unit load remains at the end 

of a production day, the contractor is permitted to complete the unit load with another lot's material. In this instance a 

unit load may consist of two lots to facilitate shipment. 

4. When two lots are incorporated on one pallet, the lots shall be distinctly separated by the use of paper or 

other material suitable for this purpose. When this occurs, the contractor shall affix a unit load placard on two 

adjacent sides of the unit load, identifying each lot number on the load and the quantities of pouches/items within 

each lot. 

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

assembly line until it becomes necessary to place another lot of the same component on the assembly line to maintain 

assembly flow. 

6. Lot numbers and corresponding lot quantities shall be included on the shipping/receiving documentation, e.

g. DD Form 250, WAWF Receiving Report. Thermostabilized items, water activity stabilized items and cheese 

spread shall also cite subcodes delivered. 

 B. Mixed Code Lots: In addition to the above, the following requirements shall apply to the shipment of "mixed 

code lots":

1. A "mixed code lot" is defined as a lot consisting of small quantities of components representing different 

lots. These components usually accumulate as the result of sampling for the purposes of incubation, USDA standby 

samples or for similar reasons. 

2. Unit loads containing mixed code lots shall be identified by the use of unit load placards. The placards shall 

list all the lots and the quantities of pouches/items within each lot contained on the pallet. The placards shall be 

affixed on two adjacent sides of the unit load. Lot numbers and corresponding lot quantities shall also be included on 

the corresponding shipping/receiving documentation, e.g. DD Form 250, WAWF Receiving Report. 

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

when an entire unit load is completed of that single item or on a quarterly basis, whichever occurs first. Mixed code 
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lot shipments may be less than a full unit load. 

4. When the quantity of components from one production lot is less than that needed to fill a normal shipping 

container, product from more than one production lot may be used to fill a case. However, product from one 

production lot may not be used to partially fill more than one case. When a shipping case contains product from more 

than one production lot, a placard will be placed on the outside of the case that indicates the lot number and quantity 

for each lot. 

C. Split Lots: Contractors and/or subcontractors have the choice of shipping an entire shift's production 

equaling one lot as follows:

1. The entire lot shall be shipped to only one assembler and received in accordance with the applicable 

Quality Systems Plan. 

2. Whole lots may be split in two (2) portions for separate shipments. 

a. Split lot shipments may be shipped to more than one (1) assembler but not more than two (2) 

assemblers. 

b. No lot shall be split into more than two (2) portions and splitting individual subcodes is prohibited. 

c. Prior to splitting the lot for separate shipments, the lot shall be contractor and USDA inspected as one 

homogeneous lot, when origin USDA inspection is required. 

d. The Contractors and/or subcontractors assumes full liability for both portions of a split lot shipment. 

Therefore, in the event of a defect determination, recall, product investigations, and/or other negative findings, both 

portions of the lot will be representative of the entire homogeneous lot and any action taken with regard to one portion 

will be taken with regard to the other portion, regardless of where the product was assembled. 

e. Associated lot shipping documentation will reflect split lot status, original lot quantities, and receipt 

inspection results. 

f. Both portions of all split lots will be stored in approved facilities only. 

 

 

SECTION E - INSPECTION AND ACCEPTANCE

The Procedures for Inspection and Acceptance Will be as Follows: 

FAR Clauses 52.246-2 and 52.246-11 are incorporated in full text in this solicitation and the resultant contract (s) and shall 

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

Origin inspection shall be contractor paid United States Department of Agriculture, Agricultural Marketing Service, 

Specialty Crops Program, Specialty Crops Inspection Division (USDA, AMS) inspection in accordance with 

Provision 9023, General Inspection Requirements, unless otherwise specified by this solicitation/contract. When 

USDA, AMS is designated cognizance for the support of the Government's quality assurance requirements, the 
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responsibilities and authorities cited in the regulations, policies, etc. of the respective agency and those regulations, 

policies, etc. to which that agency is subject, are applicable to the contract in conjunction with the quality assurance 

requirements of the contract. Optional contractor testing provided by Provision 9024, Alternative Inspection 

Requirements for Selected Items, is applicable unless otherwise specified by this solicitation/contract. 

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

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

provisions specified in the applicable component's technical requirements documents (ex. MIL-PRF- 44073, 

Performance-based Contract Requirements (PCR)) are required for contractor and United States Department of 

Agriculture, Agricultural Marketing Service, Specialty Crops Program, Specialty Crops Inspection Division (USDAAMS) inspection. DLA Provision 9023 is incorporated in full text in this solicitation and resultant contracts(s). In 

addition, the following procedures will be used for inspection and acceptance. If there is a conflict between the 

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

the following inspection and acceptance procedures shall control. 

ASQ/ANSI Z1.4 -2003 (R2018), SAMPLING PROCEDURES AND TABLES FOR INSPECTION BY 

ATTRIBUTES, is the edition currently available at the ANSI webstore, and the edition of the standard referenced for 

use with this solicitation/contract. This latest standard is a reaffirmation of ANSI/ASQ Z1.4 -2003 (R2013), and the 

(R2013) edition may be used in place of the (R2018). Except as related to the inspection of supplies for the presence 

of defects categorized as critical by this solicitation and its supporting documents, the procedures found in ASQ/ANSI 

Z1.4-2003, paragraph titled “8. NORMAL, TIGHTENED AND REDUCED INSPECTION”, apply for Government 

verification inspection. ASQ/ANSI Z1.4, sub-paragraph “8.5 LIMIT NUMBERS FOR REDUCED INSPECTION” is 

applicable for use with this solicitation/contract. Where contractor end-item inspection is required, the contractor must 

select for end item examination, as a minimum, the same number of samples selected by the Government for end item 

inspection 

 

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

and Assembly Plants. 

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

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

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

contractor shall identify the quality standard used to model their QSP. If the contractor proposes an alternate (i.e., 

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

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

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

to use third party certification is optional on their part. Although certification information may be provided as 

documentation and evidence to support the system proposed by the contractor, third party certification/ registration 

documentation is not a substitute for government quality assurance with regard to components used in the operational 

ration programs. Regardless of the standard or non-standard document used to model the documented QSP, the 

documented QSP shall address, at a minimum, the following elements (within each section of the element the 

contractor shall provide the information and address the questions, as applicable, listed in Operational Rations Quality 

Systems Audit Workbook I: Documented QSP Evaluation Guideline): 

 

QSP General Outline

I. MANAGEMENT RESPONSIBILITY AND QUALITY SYSTEM DESIGN
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II. TRAINING

III. DOCUMENT AND DATA CONTROL AND CONTROL OF QUALITY RECORDS

IV. CONTROL OF INSPECTION, MEASURING, AND TEST EQUIPMENT

(IAW NCSL Z540.3 or ISO 10012) 

V. CONTROL AND PROTECTION OF PRODUCT

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

2. Product Identification and Traceability Program 

3. Inspection and Test Status and Records 

4. Control of Nonconforming Material/Product 

VI. CONTRACT REVIEW, PURCHASING AND CONTROL OF CUSTOMERSUPPLIED PRODUCT (Government Furnished Material) 

VII. RECEIPT INSPECTION AND TESTING

VIII. IN-PROCESS AND PROCESS INSPECTION AND TESTING:

1. Manufacturing Process Control Techniques (MPC QAP) 

2. Statistical Process Control Techniques (SPC QAP) 

IX. REGULATORY CONTROLS

1. General Regulatory Requirements (as applicable to the plant USDA-FSIS, 

 FDA, GMP, HACCP, SSOP, USDA-Dairy, etc.). 

2. Integrated Pest Management and Sanitation Programs* 

X. END ITEM INSPECTION AND TESTING (IAW product/material 

specifications/documents and ANSI/ASQ Z1.4) 

XI. INTERNAL AUDITS

XII. CORRECTIVE AND PREVENTIVE ACTION PROGRAM

XIII. IMPROVEMENT

 

*Integrated Pest Management Plan (IPM) and Contractor Sanitation Program: The IPM Plan is required to be 

submitted, the questions concerning the facility's IPM listed in Section IX Regulatory Controls, Area 2 of the Quality 

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

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

made available for onsite review. 

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

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

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

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

Systems Audit Workbook I: Documented QSP Evaluation Guideline (in conjunction with the standard or other 
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document identified in the contractor's QSP) as the basic framework against which they will evaluate QSPs. 

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

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

submitted by contractors for the purpose of demonstrating their capability to meet the higher-level contract quality 

requirements using any of the aforementioned documents and for the contracting officer to assess a contractor's 

capability to meet the contract requirements. 

NOTE: Although Government inspection personnel (USDA-AMS/U.S. Army Public Health Center) are required to 

evaluate the contractors' QSPs, the QSP rating will be determined and assigned by DLA Troop Support-FTSB's 

Quality Systems Auditors.

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

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

 https://www.dla.mil/TroopSupport/Subsistence/FoodSafety/FoodQuality. DLA Troop Support will recognize a 

contractor's quality system whenever it meets the contract requirements, whether the quality system is modeled on 

military, commercial, national, or international quality systems standards. The design and implementation of a QSP 

will be influenced by the varying needs of a company, its particular goals and objectives, the products produced, and 

the processes and specific practices employed in the operation. The intent of the requirement is for contractors to 

improve process capability and process control which, when used effectively, can result in a prevention-oriented 

approach rather than a detection approach that will improve product quality and lower cost through the use of a single 

quality system in any contractor facility. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

and Assembly Operations, except as indicated below: 

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

QAP (No QSP required): 

1. Accessory package components (except for RNC beverage contract items). 

2. Condiments (even if packaged in laminated barrier pouches): hot sauce, ketchup, mayonnaise, mustard, etc. 

NOTE: The prime contractor is not prohibited from requiring, on their own accord, a QSP from their subcontractors 

for all products. 

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

cookies (CID A-A -20295), dairy component powders (cocoa beverages, dairy shakes, flavored coffees, non-dairy 

creamer, etc.), nut fruit mixes, peanut butter, peanut spread, jellies/jams/preserves, and bulked-packed items that are 

individually packaged by an assembler/packer in military packaging (laminated barrier pouches). However, note that 

this does not prohibit the prime contractor from, on their own accord, requiring SPC techniques from their 
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subcontractors for all products. 

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

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

CONTRACT AND THE GENERAL PROVISIONS SHALL CONTROL. 

The QSP shall be submitted to DLA Troop Support-FTSB, through the Contracting Officer, for review no later than at 

time of bid submittal to determine if the QSP meets the acquisition needs. The QSP shall be DOCUMENTED, 

DATED, AND SIGNED BY A RESPONSIBLE COMPANY OFFICIAL and WILL BE DISTRIBUTED UNDER 

COMPANY LETTERHEAD TO THE ADDRESSEES BELOW: 

A. ONE COPY SHALL BE MAILED (AT TIME OF BID SUBMITTAL) TO: 

Send MAILED OFFER to: 

DEFENSE LOGISTICS AGENCY 

DLA TROOP SUPPORT 

POST OFFICE BOX 56667 

PHILADELPHIA, PA 19111-6667 

 

 

 

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

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

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

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

a. OPERATIONAL RATIONS SECTION

USDA, AMS, SCP, SCI DIVISION 

ATTN: Benjamin Jackson 

1400 INDEPENDENCE AVE. SW 

ROOM 1536, SOUTH BLDG. 

WASHINGTON, DC 20250-0247 

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

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

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

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

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

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

3. U.S. ARMY PUBLIC HEALTH CENTER VETERINARY FOOD INSPECTION PERSONNEL: 

When Veterinary Food Inspectors (VFIs) are responsible for performing Government source inspection at 

operational rations assembly plants, one copy shall be personally delivered to the resident VFI/GQAR prior to 

the initiation of production/assembly. The contractor/subcontractor shall contact USAPHC for questions 
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regarding VFI's inspection services. 

ARMY PUBLIC HEALTH CENTER 

VETERINARY SERVICES PORTFOLIO 

Attn: MCHB-IP-VF

CHIEF, OPERATIONAL RATIONS 

5158 BLACKHAWK ROAD 

BLDG. E5158 

ABERDEEN PROVING GROUND, MD 21010-5403 

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

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

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

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

 a. DCMA GARDEN CITY

 605 STEWART AVE. 

 GARDEN CITY, NY 11530-4761 

 b. DCMA DAYTON

 1507 WILMINGTON PIKE 

 DAYTON, OH 45444-5300 

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

priority mail) their evaluations and comments regarding the contractor's QSPs and/or QSP's revisions, within 20 

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

Failure to submit comments within the suspense date may result in DLA Troop Support-FTSB Quality Systems 

Auditors not including the applicable inspection agency's comments in Government QSP joint evaluations. In-Plant 

Government QARs are also required to report quality systems noncompliance within one working day using the 

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

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

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

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

Send MAILED OFFER to: 

DEFENSE LOGISTICS AGENCY 

DLA TROOP SUPPORT 

POST OFFICE BOX 56667 

PHILADELPHIA, PA 19111-6667 

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

proposal. In order to be eligible for award, the QSP must receive an acceptable rating by DLA Troop Support-FTSB. 
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After the Acquisition Phase (after contract award): The contractor can submit changes to improve the plan 

throughout the life of the contract. DLA Troop Support-FTSB Quality Systems Auditors evaluate, assign QSP ratings, 

and approve or disapprove changes to the QSP. 

Procedures or changes to a QSP that may involve a change to a specific contractual requirement (cited in the 

contract TDP/ items specifications/CID/) must be coordinated and approved by the Contracting Officer. To 

expedite the evaluation process, all QSP changes (that do not involve a specific contractual change) shall be 

simultaneously provided to the In-Plant GQAR and a copy faxed, E-mailed, or mailed to DLA Troop Support-FTSB 

and each applicable office for their review. 

To expedite the evaluation process, all QSP changes (that do not involve a specific contractual change) shall be 

simultaneously provided to the In-Plant GQAR and a copy faxed, E-mailed, or mailed to DLA Troop Support-FTSB 

and each applicable office for their review. 

The GQAR's in-plant evaluation will be considered sufficient for production, unless specifically rejected by DLA 

Troop Support-FTSB after the contractor submits the change to DLA Troop Support. The contractor's documented 

QSP is considered a living document and continuous improvements are highly encouraged. 

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

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

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

by the In-Plant Government QARs.

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

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

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

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

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

system is not sufficient to meet minimum contractual requirements.

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

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

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

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

evaluations/audits conducted by In-Plant Government QARs. 

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

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

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

contractor to fulfill a Government contract).

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

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

documented QSP/Quality Manual. If the contractor uses a different/numbering system than the Section/Element 

number cited in the TDP, the contractor's should cross-reference each applicable section of their QSP.

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

logistics support during peacetime as well as during regional conflicts, contingency operations, national 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 
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Support to ensure steps are taken to prevent the deliberate tampering and contamination of Operational Rations. 

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

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

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

food defense plans relating to plant security and security of the products produced in light of the heightened threat of 

terrorism, and secure product from intentional adulteration/contamination. 

All DLA Troop Support Subsistence contracts have a requirement for submission and implementation of a standalone Food Defense Plan (FDP) at each contractor facility. The Contractor shall comply with its Food Defense Plan 

(as submitted as the Food Defense portion under this contract solicitation) to prevent product tampering and 

contamination, and assure overall plant security and food safety. The Contractor must take all practicable measures 

that are within its control to deter or prevent tampering or contamination of supplies provided for under this contract 

solicitation. The Contractor must immediately inform DLA Troop Support Subsistence of any attempt or suspected 

attempt by any party or parties, known or unknown, to tamper with or contaminate subsistence supplies. 

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

All areas of concern listed in the DLA Food Defense Checklist must be addressed within the FDP. 

Points will be deducted for not addressing each element listed in the DLA Troop Support Food Defense Checklist, or 

by not providing the information requested (e.g., establishment registration information). A copy of the FD Checklist 

is available online to download at the web address: https://www.dla.mil/Portals/104/Documents/TroopSupport/

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

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

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

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

for evaluation. 

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

to verify the implementation, compliance, and effectiveness of the firm's Food Defense Plan. For each new contract 

solicitation, a current FDP shall be submitted to the Contracting Officer for evaluation. 

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

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

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

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

QUALITY ASSURANCE PROVISION 

MANUFACTURING PROCESS CONTROLS AND IN-PROCESS INSPECTIONS

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

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

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

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

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

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

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

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

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

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

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

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

shall be specified in written process control procedures. 

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

equipment, and personnel shall be provided. Both in-process inspection and process monitoring shall be provided 

when control is inadequate without both. 

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

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

manufacturing operation. 

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

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

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

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

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

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

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

surveillance will be maintained. 

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

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

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

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

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

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

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

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

contract: 

QUALITY ASSURANCE PROVISION 

STATISTICAL PROCESS CONTROLS 

DLA Troop Support FT-12-001 

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

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

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

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

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

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

provide the best assurance that the system implemented will consistently produce product conforming to contractual 

requirements. If the contractor uses a different/numbering system than the Section/Element number cited in the TDP, 

the contractor's QSP should cross-reference each applicable section/element of their QSP. 

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

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

techniques or MPC techniques. 

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

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

allowed where applicable. 

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

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

not prohibit the prime contractor from requiring it from their subcontractor of their own accord. 

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

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

this QAP in their documented QSP (Section/Element VIII) and included with the proposal, when applicable. Failure 

to do so may result in rejection of the offer. 

 E. Documented QSP submission. All offerors will submit a QSP. Only Offerors whose QSP has been rated 

Acceptable by FTSB in the last twelve months are eligible for exclusion. 

1. Offerors who consider themselves eligible for exclusion of the documented Acceptable QSP at bid 

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

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

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

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

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

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

posting to the QSP. 

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

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

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

producing conforming product. 

II. SPECIFIC REQUIREMENTS: 

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

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

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

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

costs to assist in determining what characteristics or processes to control statistically (QSP Element XIII). These 

defects, and all other characteristics identified by the offeror from process capability studies on current production, 

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

those characteristics providing the best assurance of product conformance to end item contractual requirements. In 

addition to the characteristics identified by the offeror, the following characteristics will be controlled using SPC 

techniques, MPC techniques, or other alternate controls methods deemed appropriate and effective in controlling the 

processes. Alternate controls to SPC and MPC must be clearly identified and explained in detail in the In-Process and 

Process Inspection and Testing Section of the contractors' documented QSP/Quality Manual. The description of SPC 

or MPC techniques shall be sufficient to allow a reviewer unfamiliar with the item or the contractor's 

production operation to properly assess the applicability of the control measures/techniques being proposed.

 1. For Thermostabilized, High-Pressure Processed, or Hot Filled Items: (1) Laminated barrier pouch/tray 
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integrity (absence of tears, cuts, holes, delamination, abrasions, leakage, and non-fusion bonded seals, etc.), (2) 

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

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

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

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

Section and/or the In-Process and Process Inspection and Testing Section of the contractor's QSP, as applicable. 

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

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

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

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

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

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

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

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

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

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

process identified. The control points for the assembly and subassembly processes shall be clearly identified in the InProcess and Process Inspection and Testing Section of the Assembler's QSP. 

 5. For Other Items SPC techniques are optional.

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

QSP for the firm or firms eligible for award. C. SPC Program: The information requested in Workbook I, InProcess and Process Inspection and Testing Section (Area 1 and 2 as applicable) shall be covered in the applicable 

section of the contractor's QSP. For characteristics as designated by the Offeror and/or the Government to be 

controlled using SPC or MPC techniques as indicated above, the QSP, as a minimum, must address the following: 

 The QSP must identify and define each in-process control point (IPCP) and/or process control point (PCP) in 

sequence in relation to the production, subassembly/assembly flow or chain of events (from weighing/mixing/

batching of ingredients/materials, packaging, to final product); clearly identify the control technique selected (SPC/

MPC or combination) to control each process identified; the number of samples selected, location of sample selection, 

and frequency of sampling at each IPCP and PCP identified; include procedures that describe the production/

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

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

item); and identify documents that are the basis for the SPC/MPC program including internal audits, textbooks, 

standards, and/ or Government documents. 

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

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

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

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

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

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

of the contractor's QSP. 

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

Purchasing, and Customer-Supplied Product of the QSP or other applicable section of the contractor's QSP. 
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G. Manufacturing Controls: (IAW Quality Assurance Provision, Manufacturing Process Controls and 

In-Process Inspection as applicable). The information requested in Workbook I, In-Process and Process Inspection 

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

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

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

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

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

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

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

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

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

SPC or MPC techniques as indicated above): 

 1. Criteria for Using SPC Techniques: How the contractor determined which processes were appropriate 

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

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

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

Section or other applicable section of the contractor's QSP 

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

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

control charts, scrap and rework reports, lessons learned, recommendations and feedback, etc. The information must 

be included in the In-Process and Process Inspection and Testing Section (Area 1 and 2 as applicable), the Document 

and Data Control and Control of Quality Records Section of the QSP or in the applicable section of the contractor's 

QSP.

I. When the documented QSP is rated acceptable and the system implemented is effective in consistently 

producing conforming product, the contractor may qualify for Government verification skip-lot inspection 

(Procedures for Alternative Skip-Lot End Item Inspection Requirements for Government Verification Inspections for 

Operational Rations). The Government reserves the right to return to the original acceptance sampling requirements 

if Government source inspection is waived, skip-lot is not in the best interest of the Government or for other causes as 

indicated in the procedure. The documented QSP shall be documented, dated, and signed by a responsible company 

official, and will be distributed under company letterhead as indicated in preceding paragraph “Higher Level 

Requirement - Quality Systems Plan (QSP)". The contractor is required to incorporate the requirements of this SPC 

QAP in the In-Process and Process Inspection and Testing Section (Area 1 and 2 as applicable) of the QSP or other 

applicable sections of the contractor's QSP. 

E-1-D. The contractor's documented QSP and implemented Quality Systems are to be verified by the in-plant 

Government QAR's/inspectors, when Government source inspection is required, in accordance with the DLA Troop 

Support Operational Rations Documented QSP Evaluation Guideline- Workbook I, the regulations/and file codes of 

the respective inspection agency, and the particular requirements detailed in the contract.

 

E-2. Packaging and Packing Materials Packaging components (e.g., fiberboard shipping boxes, cartons, rollstock, 

preformed pouches, packets, accessory and menu sub assembly pack bags, material & menu bags, strapping materials, 

fiberboard caps, adhesive, tape, etc.) are subject to the Certificate of Conformance FAR Clause 52.246-15. The 

Government QAR shall have the responsibility for verifying COC's as necessary. Any inspections required by the 

specifications may be performed by the Government to assure compliance with the specifications. FAR Clause 

52.246-15 shall also apply to bond strength tests on retort pouches. 
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E-3. Operational Ration Component Lot Number and Lot Inspection The component lot number for thermally 

processed (retorted), high-pressure processed, and hot-filled products packaged in flexible pouches and for food items 

classified by Natick Soldier Center (Natick) as primary components of operational rations shall be defined as the 

Julian lot number assigned at the origin manufacturer's plant and the inspection lot shall include only product 

produced in one work-shift. (See attachment for listing of primary, secondary, and ancillary operational rations 

component products). For products packaged in tray pack containers (metal/poly) and other products (including the 

FRH, food component lots not composed of, as classified by Natick, primary components, and final assembled lots), a 

lot number is defined as the quantity of finished product produced/assembled within a production day (Julian date) 

and the inspection lot shall include product produced in no more than one production/assembly day. The Government 

QAR reserves the right to separate an inspection lot into smaller inspection lots. The Sample for Government and 

contractor's end item lot inspection may be drawn after all units comprising the lot have been produced or samples 

may be drawn during production of the lot. If stratified sampling is utilized (drawing subsamples from each sub-lot/

sub-code during production of the lot), the sub-samples must be drawn at random from the sub-lot and not inspected 

until all the sub-samples are combined to make-up the complete sample for the applicable lot size (the formation of 

the lot and lot size is defined as the manner in which the lot is to be presented for Government end item verification 

inspection). NOTE: Producers of components classified as “primary components” may petition the contracting 

officer, on a product by product basis (product identity includes NSN), for permission to define a product's lot number 

as the quantity of finished product produced/assembled within a production day (Julian date) and the inspection lot 

shall include product produced in no more than one production/assembly day.

 

E-4. Government Verification Inspection. Government verification inspection (conducted by the GQAR or 

Government laboratory) shall be withheld, at a minimum, until the contractor's completed lot submittal package, 

including, but not limited to, inspection results and/or in-process verification documentation as authorized for the 

contractor's Inspection and Acceptance Program option is presented to the Government's Quality Assurance 

Representative (GQAR). Unless otherwise authorized, in writing, by the contracting officer, the GQAR and/or 

Government laboratory shall not perform Government verification inspection/testing unless documentation contained 

in the contractor's lot submittal package provided to the GQAR indicates conformance to ALL contractual 

requirements.

 

E-5. End Item Testing. Compliance with applicable end-item specific technical data requirements will be determined 

by the contractor and by the GQAR on the finished product in accordance with the applicable provisions in the food 

component specification, solicitation, contract, and purchase order and their applicable Packaging Requirements and 

Quality Assurance Provisions specifications. Regardless of the Government agency designated cognizance for the 

support of the Government's quality assurance requirements at the supplier's production/assembly facility, a USDA 

laboratory will perform all Government verification testing. The contractor shall bear all expenses incident thereto, 

including costs of samples and all associated costs for preparation and mailing. Costs shall be assessed in accordance 

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

specification or contract. A list of fees may be obtained from the appropriate USDA laboratory.

 

E-6. Alternative Skip-Lot End-Item Inspection Requirements for Government End-Item Verification 

Inspections for Operational Rations. 

The “Procedures for Alternative Skip-Lot End Item Inspection Requirements for Government End-Item 

Verification Inspections for Operational Rations”, dated May 1, 2020, colloquially referred to as the “government 

skip lot inspection program”, is applicable to current and future contracts for contractors who employ Inspection and 
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Acceptance Program, Option 1 or Option 3. Switching procedures applicable for use with the government skip-lot 

inspection program are cited in the Procedures for Alternative Skip-Lot End Item Inspection Requirements for 

Government End-Item Verification Inspections for Operational Rations. 

The Contracting Officer shall authorize the GQAR to initiate skip-lot inspection based upon the qualifications 

criteria cited in Procedures for Alternative Skip-Lot End Item Inspection Requirements for Government End-Item 

Verification Inspections for Operational Rations. The Government verification inspection may be further decreased 

(e.g., skip-lot inspection frequency 1 in 6, 1 in 10, etc.) by the Contracting Officer if he/she determines that this is in 

the best interest of the Government or he/she may discontinue skip-lot inspection for Government verification 

inspection if it is determined that skip lot is not in the best Interest of the Government. 

 

NOTE: For products requiring a drained weight examination, the following is also required: The contractor shall 

provide the Government Quality Assurance Representative (GQAR) a copy of the current production standard (PDM/

First Article) formula (including ratios of ingredients), and formulation records for each production lot submitted for 

Government end item verification inspection. 

The sampling plans switching procedures cited in ASQ/ANSI Z1.4, Sampling Procedures and Tables for 

Inspection and Attributes, are authorized to be used by the Option 1 contractors and Option 3 contractors during the 

performance of contractor's end item verification inspections of State 2 qualified products. Producers using the 

switching procedures, cited in ASQ/ANSI Z1.4, during the performance of their end item inspections must train 

personnel and follow all of the switching rules cited in the standard. As indicated in the standard, the sampling 

scheme is a combination of sampling plans with switching procedures, and each sampling plan has its own set of rules 

by which a lot is to be inspected and accepted or rejected. Samples may be drawn after all units comprising the lot 

have been produced or samples may be drawn during production of the lot. 

However, for those Option 1 contractors who are using stratified sampling (drawing subsamples from each sublot 

during production of the lot) and for those Option 3 contractors inspecting State 1 or State 3 products who are using 

stratified sampling, the subsamples must be drawn at random from the sublot and not inspected until all the 

subsamples are combined to make-up the complete sample for the applicable lot size (the formation of the lot and lot 

size is defined as the manner in which the lot is to be presented for Government end item verification inspection in 

accordance with paragraph “Operational Ration Component Lot Numbers”). NOTE: Option 1 contractor inspection of 

end-item subsamples and Option 3, State 1 or 3, contractor inspection of end-item subsamples prior to their 

combination to make-up the complete sample for the applicable lot size is not authorized. 

All other inspection procedures must be reviewed by the GQAR, included in the QSP, and approved by the 

Contracting Officer. 

The producer's end item verification inspection results and the contracting officer authorized “alternative end-item 

conformance verification records, as applicable for the subject Government Inspection and Acceptance Program 

Option, must be well documented and the GQAR must be informed in advance of the specific switching procedure 

(normal, tightened, reduced) being utilized for each product qualified under the standard. 

 

E-7. Additional Sanitary Conditions Requirement for Product Containing Dairy Ingredients and Non-Dairy 

Creamer 

End item food components*/ containing dairy ingredients, the end item processing plants, the end item packaging 

plants, and all plants providing the end item's dairy ingredients must be approved for USDA Grading Service by the 

USDA, Marketing and Regulatory Programs, Agricultural Marketing Service (AMS), Dairy Grading Program, 

Washington, DC, 20250, and under 7 CFR, Part 58, prior to start of production. Contractors are responsible for 

obtaining such inspection and approval as early as necessary in order to meet contract delivery schedules. For 
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information, please contact the inspection services of USDA, AMS, Dairy grading Branch, telephone (202) 720-9381 

or (630) 437-5037. 

End item food components* containing non-dairy creamer, the end item processing plants, the end item packaging 

plants, and all plants providing the end item packager with non-dairy creamer must be listed in the “Directory of 

Sanitarily Approved Food Establishments for Armed Forces Procurement”, published by the U.S. Army Veterinary 

Command as cited in paragraph (1) of Provision “Sanitary Conditions” as used in this solicitation. 

Suppliers also agree to inform the contracting officer immediately upon notification that an approved manufacturing 

plant is no longer sanitarily approved and/or delisted from another agency's listing, as indicated in paragraph (2) of 

Provision “Sanitary Conditions”. The contracting officer will also be notified when sanitary approval is regained and 

listing is reinstated. 

* End item food components except for commercially sterile components and finished components packaged, without 

further processing, from commercially packaged bulk components.

 

 

E-8. General Inspection Requirements, Methods of Remediation, and Prohibitions 

(A.) When the contractor determines as a result of his inspection(s) or QSP, or is informed by the QAR as a result of 

verification inspection, that the supplies do not conform to contractual requirements, he has the following alternatives: 

1. Produce and inspect a new lot. 

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

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

Product Pre or Post Acceptance" for applicable situations. 

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

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

Supplies". 

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

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

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

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

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

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

were out of adjustment or 

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

in the analysis has deteriorated or had not been properly prepared. 

(B.) There will be no "skip lot" or "reduced" inspection option for critical defects. 

NOTE: The contractor, if employing Inspection and Acceptance Program, Option 1, may petition the Government 

(through the Contracting Officer) for skip lot or a reduction in verification inspection at such time that the contractor 

believes his quality program is fully acceptable and reliable. This allowance does not apply for critical defects. 

 
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E-9. Rework Of Nonconforming Product Pre or Post Acceptance 

Rework of Nonconforming Product: The Government QAR must be informed and provided documentation of all 

rework results when product is presented for Government verification inspection or prior to Government inspection as 

indicated below. 

A. Corrective Action (Rework/Screen Inspections) Taken Prior to Government End-item Inspection (i.e., 

Contractor's Receipt Inspections (of both food and non-food supplies), In- Process Inspections, and End-Item 

Inspections): Unless otherwise specified in Part B, below, all corrective actions, reworks and screening inspections 

conducted prior to the initial Government end-item inspection of the lot do not require approval from the 

Government. Although the GQAR must be informed of all reworks, the contractor is not required to obtain approval 

to take corrective and preventive action as deemed necessary to ensure compliance with contractual requirements. 

Government End-item Inspection, as used here, includes Government End-item Inspection at CFM and RNC 

component origin.

NOTE TO PART A: When a contractor determines as a result of his end item inspection(s) or QSP that supplies do 

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

size, residual air, etc.), he has the alternative to request the permission of the Contracting Officer to offer a lot, 

acknowledged by the petitioner to be nonconforming for a specific requirement, for Government end-item verification 

inspection with the understanding that should all required Government inspections, save that inspection 

acknowledged by the petitioner as representing a specific nonconformance to requirements, result in conforming 

inspection results, the lot shall be recorded by the GQAR as a lot rejected upon Government verification inspection 

but authorized by the contracting officer to be accepted “as is” on waiver of the specific nonconforming requirement 

revealed by contractor inspection or QSP. If the Contracting Officer authorizes the offer of a nonconforming lot for 

Government end-item verification, the written approval shall be provided to the GQAR when the supplies are 

presented for Government verification inspection as previously stated, The GQAR shall inspect the supplies for 

compliance with all requirements of the contract, except the specific nonconforming requirement (skip-lot inspection 

and reduced inspection do not apply in this case). The Contracting Officer, may request that the GQAR inspect for the 

specific nonconforming requirement to determine severity of nonconformance only. Due to the type of statistical 

sampling cited in the contract, under no circumstances shall a lot found nonconforming by the contractor be inspected 

by the GQAR to determine conformance to a requirement that has previously been established as nonconforming by 

the contractor's inspection. 

B. The Following Reworks Must Be Coordinated with the Supervisory GQAR and, As Required, Approved by 

the Applicable DLA Troop Support-FTR Office. 

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

2. Food Safety and Foreign Material: 

 (a) All corrective actions performed on product due to foreign material and/or processed/ unprocessed 

container mix-ups must be approved by FTR. FTR approval may be accomplished by means of one the two following 

methods, the methods being subject to change as determined by the contracting officer to be necessary for 

determining FTR approval: 

 

METHOD 1: 

All corrective actions performed on product due to foreign material and/or processed/ unprocessed container mix-ups 

shall be submitted by the contractor to the GQAR for review and acceptability determination. This requirement only 

applies to contractor facilities that are producing product and/or placing food product into finished component 

packaging. 

 
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If the GQAR determines that the corrective action plan is acceptable, the contractor shall submit a “foreign material 

notification” or “unprocessed container notification” to FTR, prior to offering the lot for Government inspection. The 

notification shall include the corrective action plan, the GQAR's recommendation pertaining to the plan, and 

supporting documentation. FTR shall issue written authorization for offer of the lot for Government inspection. 

 

If the GQAR determines that the correction actions are not acceptable and GQAR and the contractor cannot agree to 

an alternate plan for remediation, the contractor shall submit a corrective action/remediation plan and supporting 

documentation to FTR for resolution. 

 

Standard rework procedures (SRP) for specific foreign material situations may be addressed under the contractor's 

documented QSP, Section XII - Corrective and Preventive Action Program. (see E-4-G.B.6.). SRP's shall only be 

submitted to DLA for foreign material inherent to a specific food product or ingredient. Screws, plastic pieces, 

bandages, metal fragments, glass, etc., are not inherent to ingredients used in food products and a SRP for these types 

of foreign material shall not be submitted to DLA for consideration and approval. SRPs submitted to DLA for review 

and approval shall have a title beginning with “Standard Rework Procedure for...”. SRPs may be referenced, as 

applicable, in the corrective action plan that the contractor provides for a specific instance (along with any relevant 

specific details). 

 

All preventive and corrective actions documented by, proposed by, and conducted by the contractor shall conform to 

the regulations promulgated by the applicable regulatory agency (FDA, USDA-FSIS, USDC). When a contractor is 

required by regulation to notify a regulatory agency regarding foreign material and/or processed/unprocessed 

container mix ups, it shall be the responsibility of the contractor to present to the GQAR and DLA verification of 

conformance to the applicable agency's regulations. 

 

In all cases, it is recommended that the GQAR be notified as soon as possible if and when incidents involving the 

finding by the contractor of foreign material in product and/or product ingredients. 

 

METHOD 2:

The contractor shall submit a corrective action plan and supporting documentation to FTR for resolution. 

 

Standard rework procedures (SRP) for specific foreign material situations may be addressed under the contractor's 

documented QSP, Section XII - Corrective and Preventive Action Program. (see E-4-G.B.6.). SRPs may be 

referenced, as applicable, in the corrective action plan that the contractor provides for a specific instance (along with 

any relevant specific details). 

 

All preventive and corrective actions documented by, proposed by, and conducted by the contractor shall conform to 

the regulations promulgated by the applicable regulatory agency (FDA, USDA-FSIS, USDC). When a contractor is 

required by regulation to notify a regulatory agency regarding foreign material and/or processed/ unprocessed 

container mix-ups, it shall be the responsibility of the contractor to present to the GQAR and to DLA verification of 

conformance to the applicable agency's regulations. 

 

In all cases, it is recommended that the GQAR be notified as soon as possible if and when incidents involving the 

finding by the contractor of foreign material in product and/or product ingredients. 

 

 (b) The GQAR shall be notified, and documentation provided, when any finished product intended (or initially 

intended) to be offered to the Government has been produced using a bulk product or ingredient product lot(s) (or 

portion thereof) that has, at any time, been identified as containing or having contained foreign material. This 

requirement only applies to contractor facilities that are producing product and/or placing food product into finished 
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component packaging. The documentation shall identify the foreign material and all corrective actions taken to 

render the bulk/ingredient product serviceable, including, but not limited to segregation and removal of portions of the 

bulk/ingredient product. The GQAR shall determine if the corrective actions taken render the bulk/ingredient product 

serviceable. If the GQAR agrees that the corrective actions taken render the bulk/ingredient product serviceable, the 

contractor shall submit a notification, to include the corrective action plan and supporting documentation, to FTR 

prior to offering any related finished product lots for Government inspection. 

 

When the GQAR determines that the actions taken do not render the bulk/ingredient product to be serviceable and an 

alternate plan for remediation cannot be agreed upon by the GQAR and the contractor, the contractor shall submit a 

corrective action plan and supporting documentation to FTR for resolution. 

 

Standard rework procedures (SRP) for specific foreign material situations may be addressed under the contractor's 

documented QSP Section XII - Corrective and Preventive Action Program (see 6. Standard Rework Procedure (SRP) 

below). SRP's shall only be submitted to DLA for foreign material inherent to a specific food product or ingredient. 

Screws, washers, plastic pieces, bandages, metal fragments, glass, etc., are not inherent to ingredients used in food 

products and a SRP for these types of foreign material shall not be submitted to DLA for consideration and approval. 

SRPs submitted to DLA for review and approval shall have a title beginning with “Standard Rework Procedure 

for...”. These SRPs may be referenced, as applicable, in the corrective action plan that the contractor provides for a 

specific instance (along with any relevant specific details). 

 

All preventive and corrective actions documented by, proposed by, and conducted by the contractor shall conform to 

the regulations promulgated by the applicable regulatory agency (FDA, USDA-FSIS, USDC). When a contractor is 

required by regulation to notify a regulatory agency regarding foreign material and/or processed/ unprocessed 

container mix-ups, it shall be the responsibility of the contractor to present to the GQAR and to DLA verification of 

conformance to the applicable agency's regulations. 

 

In all cases, it is recommended that the GQAR be notified as soon as possible if and when incidents involving the 

finding by the contractor of foreign material in product and/or product ingredients. 

 

 (c) Thermal process deviations or deviations from the preparation, formulation or critical factors cited in the 

approved process schedule must be accompanied by a detailed letter from the plant's Processing Authority. The 

involved subcode(s), the deviation, and the disposition of the product shall be clearly identified when the complete lot 

is presented for Government end item verification inspection. If the producer fails to provide enough information/

data in the case of a deviation, the GQAR shall contact FTRC for approval to proceed with the Government end item 

verification inspection. 

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

methylmercury, is not authorized. 

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

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

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

 (ii) Upon notification of the National Science Laboratory test results and/or USDA-AMS of a potential 

positive for Salmonella, the contractor shall commence actions required by attachment “Recommended Actions 

Following NOTIFICATION OF PRESUMPTIVE POSITIVE Laboratory Analysis for Microbiological Testing” 

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

Office (FTW) through FTRC. 

 (e) These requirements are in addition to applicable Code of Federal Regulations or other regulatory 
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requirements (USDA-FSIS, FDA). 

NOTE: Deviations (that occur during or prior to the production of a product) from specific preparation/ formulation/

ingredient requirements cited in the specifications shall be submitted as a request for product deviation through the 

applicable contracting officer for the coordination with and the approval of the Specification Preparing Activity 

(Natick).

3. Container Integrity Defects: All reworks due to and/or involving the presence of critical container integrity 

defects noted during the producer's end item inspection of finished product component lots and/or final assembly lots; 

noted during Government final lot end-item verification inspections; noted during Government or assembler receipt 

inspections of finished product component lots, or noted when the established action number/level (as cited in the 

contractor's QSP) is exceeded during the in-process assembly/subassembly operation must be approved by the 

applicable contracting officer. All containers exhibiting the same or other container integrity defects must be removed 

during a container rework and noted on the rework paperwork. Reworked lots will be inspected or re-inspected, as 

applicable, by the GQAR at the location of the rework using the next larger sample size in the case of tests and 

exams not assigned an AQL by a specification's sampling plan (for example, from 200 samples to 315, or if a second 

rework, from 315 samples to 500 samples), and using tightened inspection criteria in the case of tests and exams 

performed in accordance with a specification's sampling plan citing an AQL. Rework results must be included with 

other paperwork when the lot is presented for Government end item verification inspection. NOTE: A contractor 

may submit a Standard Rework Procedure (SRP) to FTRC for approval and incorporation in the contractor's 

QSP.

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

Applicable to combinations of contractor and government end-item and receipt inspection results involving reworks 

due to exam and or test rejections not due to the presence of critical defects or foodborne pathogens. When 

determining what constitutes a second time rework, consider the first Government lot rejection to be the initial 

rejection and its subsequent rework to count as the “first rework”. Any second lot rejection, by either the contractor or 

the Government, rejected for the same examination or test that occasioned the “first rework” shall be cause for asking 

approval of “second rework”. When an inspection examines or tests for the presence of a critical defect, refer to 

preceding sub-part “3. Container Integrity Defects.”

 

5. Nonconformances Noted During Government Inspection for End Item Compliance: All rework requests 

submitted for defects noted during Government inspection for end item compliance, including defects noted during 

Government receipt inspection at assembly, must be approved by the applicable contracting officer.

Reworked lots will be inspected or re-inspected, as applicable, by the GQAR at the location of the rework using the 

next larger sample size in the case of tests and exams not assigned an AQL by a specification's sampling plan (for 

example, from 200 samples to 315 for a first verification inspection after rework, from 315 samples to 500 samples 

for a second verification inspection after rework), and using tightened inspection criteria in the case of exams 

performed in accordance with a specification's sampling plan citing an AQL. Rework results must be included with 

other paperwork when the lot is presented for Government end item verification inspection. NOTE: A contractor 

may submit a Standard Rework Procedure (SRP) to FTRC for approval and incorporation in the contractor's 

QSP.

6. Standard Rework Procedure (SRP): For reworks requiring the Government's approval, the contractor may 

submit a standard rework procedure, for certain defects, under the contractor's documented QSP section XII - 

Corrective and Preventive Action Program. The SRPs must be specific and these must be evaluated by DLA Troop 

Support-FTSB, FTSC, and approved by the applicable contracting officer. 

7. If the contractor elects to rework nonconforming product, it must be reworked and reoffered within 30 days from 
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date of initial rejection. 

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

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

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

Nonconforming Supplies”. 

Reinspection criteria to be used in cases of “1. Insect or Rodent Infestation/Contamination” or “2. Food Safety and 

Foreign Material” shall be determined on a case by case basis, as USDA-AMS Foreign Material Manual exams and/or 

other tests or exams may be required before acceptance by the Contracting Officer or before certification by USDA or 

USDC, provided acceptance is not prohibited by Federal regulations. 

Applicable to Section E “Rework of Nonconforming Product Pre or Post Acceptance, item B.4.”. After any lot's 

rejection, whether a contractor rejection or a Government rejection, or rework/screening/corrective action, which 

occur after the contractor's initial offer of the lot to the Government, if a lot is reinspected for contract quality 

assurance provisions compliance, it will be both Contractor and Government inspected using the next higher sample 

size in the case of tests and exams not assigned a sampling plan having an AQL as prescribed by this solicitation/

contract (the next higher sample size sequence being 5, 8, 13, 20, 32, 50, 80, 125, 200, 315, 500, 800, 1250). After 

any lot's failure or rework, if the lot is renispected for required end-item compliance tests and exams, it will be both 

Contractor and Government inspected using tightened inspection criteria in the case of tests and exams performed in 

accordance with sampling plans having specified AQLs as prescribed by this solicitation/contract. 

 

Applicable to Section E “Rework of Nonconforming Product Pre or Post Acceptance, item B.5.”. After any lot's 

failure, or rework/screening/corrective action, or similar exercise, if a lot is reinspected for required end-item 

compliance tests or exams, it will be both Contractor and Government inspected using the next higher sample size in 

the case of tests and exams not assigned a sampling with an AQL as prescribed by this solicitation/contract (the next 

higher sample size sequence being 5, 8, 13, 20, 32, 50, 80, 125, 200, 315, 500, 800, 1250). After any lot's failure or 

rework, if the lot is renispected for required end-item compliance tests and exams, it will be both Contractor and 

Government inspected using tightened inspection criteria in the case of tests and exams performed in accordance with 

sampling plans having specified AQLs as prescribed by this solicitation/contract. 

 

The scope of a reinspection may include up to a total reinspection of a lot for all required tests and exams. When 

petitioning for a rework approval, the petitioner should be specific in terms of what reinspection tests and exams are 

necessary to establish by acceptable test and/or exam results, evidence of effective corrective action and lot 

conformance. 

C. Contractor's Quality History: 

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

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

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

with the contractual requirements prior to the Government end item verification inspection will not be counted against 

the contractor's quality history. If product is found conforming during the Government end item verification 

inspection, the corrective action will be determined to have been effective.

2. If product is found nonconforming during the Government end item verification inspection following contractor 

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

took a corrective action, the corrective action will be determined to have been ineffective. The GQAR shall notify 

FTSB of the specific circumstances involving the corrective action determined to be ineffective. In addition to 

any action taken, the contractor must reevaluate their documented QSP and/or the implemented corrective and 

preventive action program by an internal audit and results must be submitted to FTSB (Quality Systems Auditors). All 

corrective actions (rework/screening inspections, etc.) taken by the contractor due to a Government end item 
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verification inspection rejection will be documented in the contractor's quality history records. 

 

E-12. Requests for Rework, Waiver, Deviation, or Reinspection of Nonconforming Supplies, and Requests for 

Product Substitutions, or Extensions of Components Assemble-by Time Limits 

NOTE: Requests for waiver of the 180-day age limit for inclusion of a component lot in a final assembly lots are to be 

completed as per this sub-section. 

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

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

appropriate, to the Contracting Officer and cognizant Government QAR, that request shall at a minimum address the 

topics enumerated in the Section E attachment titled “Attachment 1 - REWORK, WAIVER, DEVIATION, 

REINSPECITON, FOREIGN MATERIAL, SUBSTITUTION, EXTENSION TEMPLATE” 

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

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

material from the lot

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

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

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

reinspection by means of recognized statistical methods. 

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

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

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

difference. 

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

be reported to the Contracting Officer. 

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

average meets the requirement, when the requirement is an average (variable) requirement. 

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

is a unit (attribute) requirement. 

 

E-11. Receipt Inspection at Destination 

In addition to the origin inspection specified above, the supplies delivered shall be subject to receipt inspection 

at destination in accordance with the following criteria: All items delivered (CFM and RNC) shall be receipt 

inspected in accordance with the assembler's receipt inspection program as outlined in the assembler's Quality 

Systems Plan (QSP). The contractor's receipt inspection program will be verified by the USAPHC Veterinary 

Food Inspection (VFI) personnel assigned to the assembly plant. Receipt inspection must include examination for 

the presence of internal infestation, foreign material, and contamination. Any evidence of insect or rodent infestation, 

foreign material, or contamination shall be cause for rejection of the entire production lot. Any receipt inspection 

failure applicable to a particular production lot shall be considered to be representative of the entire production lot and 

shall be cause for rejection of the entire production lot. Receipt examinations for pouch integrity (CFM and RNC), 

shall be performed in accordance with origin pouch examination criteria for each production lot of cheese spread and 

product packaged in accordance with MIL-PRF-44073. Samples for receipt inspection (ex. 200 samples items 

packaged in accordance with MILPRF- 44073) shall be selected throughout the lot at the destination point (applicable 
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for entire lots or split lots). Mixed code lots as defined in the Technical Data Package will be considered as a single 

lot. Receipt inspection for pouch integrity of entire production lots or split lots from the origin producer to their own 

assembly plant located within the same state should be performed at their option or performed in accordance with the 

assembler's QSP. 

For RNC product, at no time may the assembler's receipt inspection be more severe than origin inspection 

criteria. Defect classifications and descriptions shall correspond to the origin specification defect classifications. 

Generally, defects found by the assembler in RNC deliveries will be verified by the VFI and the VFI findings will be 

reported to DLA. However, the VFI is not required to verify the assembler's inspection results when the assembler 

finds that the required USDA/USDC certification is missing or when the assembler finds evidence of insect or rodent 

infestation, foreign material, contamination, or other food-safety issues. The Government always reserves the right to 

have the VFI verify the assembler's inspection results, whether or not the assembler finds any defects in RNC 

deliveries. Final responsibility for the initial acceptance of RNC product by the assembler, or initial rejection of RNC 

product by the Government resides with the Government. The Government's decision to accept or reject RNC product 

may be based upon the assembler's receipt inspection results or the VFI findings, as the Government deems 

appropriate. The Government's decision to accept or reject product is binding on the both the RNC supplier and the 

assembler. NOTE FOR GQAR AT ASSEMBLER: Upon a Government determination to declare RNC product 

acceptable at receipt, the assembler assumes ownership of RNC product. 

Grand lotting of more than one production lot of homogeneous components within a shipment for the purpose 

of receipt inspection may be performed, except for pouch integrity as cited above. There will be no grand lotting of 

items packaged in accordance with MIL-PRF-44073 or with PCR-C-039 for pouch integrity inspection. When the 

total shipment is inspected as a single lot, the identity of the items must be maintained and samples must be drawn 

from each lot in proportion to its size. Homogeneous components are defined as follows: items procured by identical 

prime documents (identical PCRs, Commercial Item Descriptions) except for items packaged in accordance with 

MIL-PRF-44073 and PCR-C-039. The reliability of the contractor's receipt inspection system will be determined by 

the VFI in accordance with paragraph "Reliability Conditions" cited in the assembly solicitation. However, the 

frequency of verification of the contractor's receipt inspections will remain at the discretion of the Government. 

 

E-12. Periodic Review Samples 

All food components that are inspected by USDA-AMS will be subject to periodic review sampling and examination/

testing during contract production in accordance with the following criteria: For each calendar month of production, 

the USDA-AMS inspector will randomly select twelve sample units from a conforming lot of each item (i.e., each 

type, flavor, etc.) produced and inspected for product examination by USDA-AMS. As instructed by DLA Troop 

Support, the USDA-AMS inspector shall ship nine of the samples, at the contractor's expense, to the addresses below, 

once per month. 

Six samples selected by USDA/AMS will be sent to: 

Operational Rations Lead Person, Michael Lynch (three samples)

Operational Rations Marketing Specialist, Louis Obot (one sample) 

Agricultural Commodity Grader Staff Assistant, Benjamin Jackson (one sample) 

USDA Area Office Officer-in-Charge (one sample) 

Three samples selected by USDA-AMS will be sent to: 

DEPARTMENT OF THE ARMY 

FCDD-SCC-EMR 
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Attn: Jill Bates (Bldg 36 Rm E107) 

COMBAT CAPABILITIES DEVELOPMENT COMMAND-SOLDIER CENTER 

10 GENERAL GREENE AVENUE 

NATICK, MA 01760-5056 

The USDA/AMS inspector shall retain three samples for standby use, and return them to the contractor if not needed. 

 

E-13. FAR Clauses 

 

52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)

(a) The Contractor shall comply with the higher-level quality standard selected below. [If more than one standard is 

listed, the offeror shall indicate its selection by checking the appropriate block.] 

 

......Title Number Date Tailoring

 

x_....Quality Management Requirements Standard ANSI/ISO/ASQ Q9001 2015 Note 1 

__.....____________________________________ ___________________ ____ ______ 

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

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

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

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

 (i) Control of such things as design, work operations, in-process control, testing, and inspection; or 

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

metrology. 

 

NOTE 1: At the election of the contractor, the contract or may select an industry standard equivalent to ANSI/ISO/

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

 

NOTICE: The following Federal Acquisition Regulation clauses are incorporated by reference: 

52.246-2 INSPECTION OF SUPPLIES - FIXED PRICE ` (AUG 1996) 

52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984) 

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984) 

 

 

E-14. DLA Contract Provisions 

 

9003 MEASURING AND TEST EQUIPMENT (JAN 2014) 

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

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

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

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

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

 

9013 CONTRACTOR AND GOVERNMENT SAMPLES AT ORIGIN (SEP 2007) 

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

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

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

The Government may use, consume, destroy or retain said samples at its option. Notwithstanding any other provision 
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of the contract, the Contractor shall bear the cost of Contractor and Government samples selected at origin, whether 

the supplies are accepted or rejected. 

Furthermore, unless otherwise specified, any sample unit, which is altered as a result of the performance of any 

required examination or test so as to no longer meet the required characteristic of the component or end item, shall not 

be included as part of the supplies delivered under the contract. 

Examples of such alteration include, but are not limited to, cutting an item to remove a slice or observe internal 

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

 

9023 GENERAL INSPECTION REQUIREMENTS (AUG 2017) 

(a) Inspection. 

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

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

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

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

associated costs for preparation and mailing. Costs shall be assessed in accordance with the Government laboratory 

testing charges for individual test characteristics and number of tests required by the specification or contract. A list 

of fees may be obtained from the appropriate inspection activity. 

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

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

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

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

the responsibility of Contractor to comply with such specifications. 

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

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

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

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

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

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

(4) Supplies will be rejected when any evidence of insect activity (live or dead in any stage of development) or rodent 

activity/contamination is found in or on product, packaging, packing or unitization. 

(5) Nonconforming supplies rejected at origin will not normally be accepted by the Government. However, the 

Contractor may elect to petition the Contracting Officer in writing to grant a waiver of the contract requirements for 

which supplies have been found nonconforming, and to accept the supplies “as is” with appropriate price 

consideration. 

(6) The Contractor shall furnish all inspection gauges, instruments, scales, tools or other material required by the 

designated Government inspection activity to complete the necessary inspection. The Government inspector will 

insure that the Contractor has had such gauges, instruments, scales, tools, or other material required to complete 

inspection properly calibrated and, if necessary, certified. When required by the contract/solicitation the Government 

inspector will collect insect specimens from plant production and storage areas and submit the specimens to the 

nearest military entomological laboratory for identification. When the collection of insects is required, the Contractor 

shall be responsible for supplying and installing specified insect monitoring devices required to accomplish this task. 

(b) Standby test samples. The Government reserves the right to withdraw and hold standby samples of components or 

finished products or both (the quantity of which shall be not more than twice that required by the specification) for 

inspection purposes. Samples not used will be returned to the Contractor. 

(c) USDA and USDC certificates. Procedures for preparation and distribution of certificates shall be in accordance 

with the regulations, file codes, instructional manuals, etc., of the respective inspection agency. 

 

9024 ALTERNATIVE INSPECTION REQUIREMENTS FOR SELECTED ITEMS (OCT 2020) 
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Physical, microbiological, and analytical tests not eligible for the application of this provision include, but are not 

limited to, those tests used to identify critical package integrity defects (internal pressure), any pH, water activity, 

oxygen content tests of food safety concern (identified as critical control point in producer's HAACP), and tests for 

histamine, methylmercury, aflatoxin, Listeria monocytogenes, Salmonella, and Escherichia coli. 

 (a) Optional Contractor Testing. 

To expedite shipment, the Contractor has the option to perform, or have performed by an independent laboratory, 

contractually-required tests of end items or component material not specified by the U.S. Standards of Grade. The 

inspector for the Government agency having jurisdiction over ascertaining compliance may permit shipment, 

provided all other requirements of the contract are met. The designated Government inspector will select random 

samples of each lot of end items or component material for verification testing until the Contractor's testing system is 

determined reliable in accordance with paragraph (c) of this clause. It is the intent of the Government to rely on 

Contractor test results to the maximum extent practicable and minimize Government verification testing. 

(b) Compliance of Product. 

Acceptance of material as complying with required characteristics shall be based on the Contractor's test results; 

provided that Government verification indicates the Contractor's testing system is reliable, in accordance with 

paragraph (c) of this clause, as to each of the required characteristics. If the Contractor's test system is determined to 

be unreliable, product compliance will be determined based solely on Government test results. In the event the 

Government detects any irregularities in the Contractor's testing system, the designated Government inspector may 

withhold approval until Government test results indicate products conform to contract requirements. For Operational 

Rations component items (ex: FSR, MCW, MORE, MRE component items), if Government laboratory test results 

show that product is nonconforming, the product shall be withheld from final assembly and subject to return and 

replacement by the component Contractor, even if previously approved by the Government inspector. 

(c) Reliability Conditions. 

 (1) The contactor's testing system will be considered reliable as long as its test results are determined to be 

conforming and to be comparable to the government rest results. Unless the government agency having jurisdiction 

has inspected the item produced at the contractor's plant within the previous 120 days and determined the item to be 

reliable, and unless otherwise specified in this contract, for each different type of end item presented for inspection, in 

order to establish test system reliability, the inspector will select, for verification testing, random samples of the first 

three end item lots offered. If the results of the three tests indicate product conformance, the test system will be 

considered reliable. As long as the contractor's testing system is reliable, the government inspector will sample 

product for verification testing on a skip-lot basis. Skip-lot verification is done by random selection of samples from 

not less than one lot in six consecutive lots presented for inspection. The sampling procedure under skip-lot places the 

succeeding lots not chosen for inspection back into the universe available for subsequent inspection. (For instance, 

starting with a group of six lots (i.e., 1-6), one lot is randomly selected for inspection. If lot 4 is selected, the next 

samples will be selected from lots 5, 6, 7, 8, 9, or 10. If lot 8 is selected, the next samples will be selected from lots 9, 

10, 11, 12, 13, or 14; and so on.) 

 (2) Contractor's testing system shall be considered unreliable when (i) the Government verification results indicate 

product nonconformance to contract requirements; and (ii) a significant disparity exists between Government 

laboratory results and Contractor test results. When a Contractor's testing system is determined to be unreliable, 

compliance testing will revert to the Government, and all items shall be inspected by the Government prior to 

shipment. 

 (3) Contractor's testing system will be considered doubtful when (i) a significant disparity exists between 

Government laboratory results and Contractor test results; (ii) the Government test results indicate significantly 

poorer quality than the Contractor's; and (iii) the Government laboratory test results do not indicate product 

nonconformance to a statistically significant degree. When the Contractor's testing system is considered doubtful, 

verification testing will be performed on each lot produced; however, the Government will continue to permit the 

Contractor to ship based on its own test results. 

 (4) Contractor testing system reliability will be determined by applying recognized statistical tests to the 
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Contractor's and Government's test results. These determinations shall be accomplished by the DLA Troop Support, 

Directorate of Subsistence, 700 Robbins Avenue, Philadelphia, Pennsylvania 19111-5092. 

 (5) The Contracting Officer will notify the Contractor of any change in reliability status. Notification will include 

details of the statistical determinations and test results used in reliability studies. 

(d) Procedures. When the Contractor elects to perform testing, the following shall apply: 

 (1) Reporting of Contractor's Results. Test reports for each lot of end item and components shall be submitted in 

the format contained in this clause by the Contractor in an original and one copy to the designated Government 

inspector. When requested by DLA Troop Support, the inspector will forward one completed copy to DLA Troop 

Support FTSC. 

 (2) Verification Actions. The Government will perform verification testing for food items and component material 

required by the contract to assure that the Contractor's testing results are reliable. Verification samples will be 

accompanied by a DD Form 1222, Request for and Results of Tests. The Government laboratory that performs the 

tests will provide copies of the test results to the Government inspector and, when requested by DLA Troop Support, 

will provide copies of the test results directly to DLA Troop Support FTSC. The Government reserves the right to (i) 

increase the rate or amount of verification testing up to and including full lot-by-lot testing, in the event the 

Contractor does not furnish reliable test results or certificates; or (ii) obtain additional data when significant 

disparities exist between the Contractor's results and the results of the Government laboratory testing. When any 

element of the Contractor testing system is determined unreliable, the Government may consider the testing system as 

a whole unreliable and return to full lot-by-lot verification for every test. Testing by the Government will continue 

until such time as the Contractor's reliability is again established. 

 (3) Standby Test Samples. The Government reserves the right to withdraw and hold standby test samples of 

component or finished product or both (the quantity of which shall be the next larger available sample size required 

for unit testing and the same sample size required for composite testing) for inspection purposes. Unused samples will 

be returned to the Contractor. 

(e) Charges Applicable to Unreliable Test Status. The prime Contractor shall be charged the costs of lot-by-lot 

inspection during the period that its testing system is considered unreliable. These charges will be processed and 

approved by the Contracting Officer. 

(f) Format for Contractor/subcontractor test report. 

Name and Address of Contractor: 

Name and Address of Subcontractor: (if applicable) 

Received for Testing: (date) 

Contract Number: 

Sample Tested: (end item or component, indicate by name) 

Quantity Tested: 

Applicable Specification: 

Identification of Lot: (end item or component lot number, as applicable) 

Quantity in Lot: (units) 

Testing Completed: (date) 

Test Report 

(Report test results for each sample unit tested and the sample average, if required by the specification, and identify 

results obtained from composite samples.) 

(Typed name and title of laboratory official and signature) 

The following certification shall be affixed to the test report when testing was performed on component items by 

supplier's laboratory or by subcontractor's laboratory. 

Certification 

I certify that the above test results were furnished to this firm to cover the testing of samples which are representative 

of the lot, and to the best of my knowledge and belief, have been found to comply with the analytical requirements of 

the specification, contract no. _______________ 
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Signature:______________________________ 

(typed name and title of Contractor's representative who is authorized to sign the certificate, and the date) 

The following certification shall be affixed to the test report when testing was performed on component and/or end 

item by Contractor's laboratory or an independent laboratory. 

Certification 

I certify that the item presented for acceptance under terms of above referenced contract has been tested, as required 

by the contract, through the testing of samples that were representative of the lot, and to the best of my knowledge 

and belief, were found to comply with the analytical requirements of the specification and the contract. 

Signature: ___________________________________________________________________ 

(typed name and title of Contractor's representative who is authorized to sign the certificate, and the date) 

Distribution: 

(Original and one (1) copy to Government inspector, who will, upon request, forward one (1) copy to DLA Troop 

Support FTSC.) 

 

9025 REINSPECTION OF NONCONFORMING SUPPLIES (NOV 2011) 

(a) When origin inspection is performed by the U.S. Department of Agriculture (USDA) or U.S. Department of 

Commerce (USDC) and supplies are found to be nonconforming at origin, the Contractor may request USDA/USDC 

reinspection/formal review in accordance with the regulations of the respective agency. In such instances, the next 

larger available sample size will be used. The decision of the USDA/USDC representative as to conformance or 

nonconformance shall be final. It will be within the discretion of USDA/USDC whether to assess reinspection costs 

against the Contractor. 

(b) When origin inspection is performed by the USDA or USDC and supplies are found to be nonconforming at 

destination, the Contractor may petition the Contracting Officer to obtain permission for a single reinspection, 

provided such petition provides valid technical reasons to believe the destination inspection findings were erroneous. 

The reinspection shall be performed in accordance with the original destination inspection criteria unless otherwise 

specified by the Contracting Officer. 

 (1) Reinspection of nonconforming supplies for grading factors, suspicion of fraud or substitution shall be 

conducted by the applicable origin inspection agency (USDA for meats and poultry, or USDC for water foods). All 

costs associated with USDA/USDC reinspection shall be borne by the Contractor; unless the reinspection results 

establish compliance with contractual requirements, in which case costs shall be borne by the Government. 

 (2) Reinspection for all other criteria shall be accomplished by the Military Medical/Veterinary Services, as 

coordinated by the Contracting Officer with the applicable Military Medical/Veterinary Service Headquarters. The 

Military Medical/Veterinary Service Headquarters will designate the activity assigned to perform the reinspection and 

advise the Contracting Officer and the designated activity of the reinspection schedule. Reinspection shall be 

performed by personnel other than those involved in the original destination inspection. Reinspection costs shall be 

borne by the Contractor when reinspection results substantiate the nonconformance. The Government shall bear the 

costs of reinspection if the products are determined to be in compliance with contractual requirements. 

(c) When inspection by the USDA or USDC is not a contract requirement and supplies are found nonconforming at 

destination, the Contractor may petition the Contracting Officer one time only to obtain permission for a single 

reinspection, provided such petition provides valid technical reasons to believe the original inspection findings were 

erroneous. If the Contracting Officer authorizes a reinspection, the reinspection results shall be final if they differ 

from the original inspection to such a statistically significant degree that error in the original results is probable. 

Otherwise, the original inspection results shall prevail. The reinspection/formal review shall be performed in 

accordance with the original inspection criteria, unless otherwise specified. All costs associated with the reinspection 

shall be borne by the Contractor; unless the reinspection results establish compliance with the contract requirements, 

in which case costs shall be assumed by the Government. Reinspection shall not be authorized when original 

inspection findings show that the supplies are unwholesome or contain a deleterious substance. 

(d) The Contractor may elect to petition the Contracting Officer to grant a waiver of those contract requirements for 
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which supplies have been found nonconforming and accept the supplies “as is” with appropriate price consideration. 

However, if the Contractor intends to exercise any option under (a), (b) or (c) above, the Contractor must do so prior 

to requesting a waiver. The denial of a waiver by the Contracting Officer will result in final rejection of the 

nonconforming supplies without recourse to reinspection. 

 

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

2011) 

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

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

States Government. Removal or obliteration shall be accomplished prior to any donation, sale, or disposal in 

commercial channels. The Contractor, in making disposition in commercial channels of rejected supplies, is 

responsible for compliance with requirements of the Federal Trade Commission Act (15 United States Code (U.S.C.) 

45 et seq.) and the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.), as well as other Federal or State 

laws and regulations promulgated pursuant thereto. 

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

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

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

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

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

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

 

9044 SANITARY CONDITIONS (APR 2014) 

(a) Food establishments. 

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

subject to sanitation approval and surveillance as deemed appropriate by the Military Medical Service or by other 

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

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

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

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

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

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

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

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

http://phc.amedd.army.mil/topics/foodwater/ca/Pages/ DoDApprovedFoodSources.aspx ). Compliance with the 

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

listing of establishments in the Worldwide Directory. Suppliers also agree to inform the Contracting Officer 

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

Directory and/or other Federal agency's listing, as indicated in paragraph (2) below. Suppliers also agree to inform the 

Contracting Officer when sanitary approval is regained and listing is reinstated. 

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

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

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

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

currently listed in the “Meat, Poultry and Egg Inspection Directory,] published by the United States Department of 

Agriculture, Food Safety and Inspection Service (USDA, FSIS), at http://www.fsis.usda.gov/wps/portal/fsis/topics/

inspection/mpi-directory. The item, to be acceptable, shall, on delivery, bear on the product, its wrappers or shipping 

container, as applicable, the USDA shield and applicable establishment number. USDA listed establishments 

processing products not subject to the Federal Meat and Poultry Products Inspection Acts must be listed in the 
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Worldwide Directory for those items. 

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

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

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

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

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

establishment number. 

 (iii) Shell eggs may be supplied from establishments listed in the “List of Plants Operating under USDA 

Poultry and Egg Grading Programs” published by the USDA, Agriculture Marketing Service (AMS) at http://www.

ams.usda.gov/poultry/grading.htm. 

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

and Egg Product Inspection Directory” published by the USDA FSIS at http://apps.ams.usda.gov/plantbook/

Query_Pages/PlantBook_Query.asp. All products, to be acceptable, shall, on delivery, bear on the product, its 

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

applicable establishment number. 

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

S. Establishments Approved For Sanitation And For Producing USDC Inspected Fishery Products” in the “USDC 

Participants List for Firms, Facilities, and Products”, published electronically by the U.S. Department of Commerce, 

National Oceanic and Atmospheric Administration Fisheries (USDC, NOAA) (available at: seafood.nmfs.noaa.gov). 

All products, to be acceptable, shall, on delivery, bear on the product, its wrappers or shipping container, as 

applicable, the full name and address of the producing facility. 

 (vi) Pasteurized milk and milk products may be supplied from plants having a pasteurization plant compliance 

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

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

Services, Food and Drug Administration (USDHHS, FDA) at http://www.fda.gov/Food/GuidanceRegulation/

FederalStateFoodPrograms/ucm2007965.htm. These plants may serve as sources of pasteurized milk and milk 

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

FDA at http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/Milk/default.htm. 

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

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

USDA (available at: http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRD3651022) may serve as 

sources of manufactured or processed dairy products as listed by the specific USDA product/operation code. Plants 

producing products not specifically listed by USDA product/operation code must be Worldwide Directory listed (e.g., 

plant is coded to produce cubed cheddar but not shredded cheddar; or, plant is coded for cubed cheddar but not cubed 

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

Directory listed. 

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

Lists” (ICSSL), published by the USDHHS, FDA at http://www.fda.gov/food/guidanceregulation/

federalstatefoodprograms/ucm2006753.htm. 

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

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

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

Information Service, 5301 Shawnee Road, Alexandria, VA 22312 ; 1-888-584-8332; or download from web site: 

http://www.apd.army.mil/pdffiles/r40_657.pdf) For the most current listing of exempt plants/products, see the 

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

aspx). 

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

“Distributed By”, “Manufactured For”, etc., are not acceptable unless the source of manufacturing/processing is 
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indicated on the label or on accompanying shipment documentation. 

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

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

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

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

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

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

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

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

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

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

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

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

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

tendered for acceptance may be rejected without further inspection. 

 

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

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

Cosmetic Act and the Wholesome Meat Act and regulations promulgated there under. This warranty will apply 

regardless of whether or not the supplies have been: 

 (1) Shipped in interstate commerce, 

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

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

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

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

resale. 

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

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

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

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

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

election: 

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

Government determines to be equitable under the circumstances; 

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

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

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

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

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

this contract entitled “Disputes”. 

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

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

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

 

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

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

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

replace the recalled supplies. Additionally, the Contractor shall notify the Contracting Officer immediately when a 
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firm decides to voluntarily recall or withdraw any product from the marketplace. Upon notification by the Contracting 

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

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

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

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

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

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

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

possession of the Government amounts to $100 or more. The rights and remedies of the Government provided in this 

clause are in addition to, and do not limit, any rights afforded to the Government by any other clause in the contract. 

 

9049 STORAGE OF SEMIPERISHABLE COMPONENTS FOR MEAL, READY-TO-EAT (MRE) AND 

TRAY PACK (AUG 2008) 

Components will be stored in such a manner as to protect them from damage due to temperature or humidity changes. 

Forced ventilation will be provided where it becomes necessary to protect stored components from high temperature 

or humidity. Candy components (excluding Type V, Class 1, high unfilled candies) and vacuum packaged cookies 

and brownies shall be stored in the following manner prior to assembly: 

(1) If held in storage more than one but less than four months prior to assembly, they shall not be stored at a 

temperature higher than 60 degrees F. 

(2) If held in storage five to six months prior to assembly, they shall not be stored at a temperature higher than 55 

degrees F. 

(3) If held in storage greater than six months prior to assembly, special temperature requirements will be established 

on a case-by-case basis; contractor will contact the contracting officer 60 days in advance to establish these 

requirements. 

(4) If removed from storage in a frozen condition, they shall not be exposed to high temperatures and/or humidity 

without first being held for approximately 24 hours at approximately 70 degrees F. and 55% humidity. 

(5) Contractor shall comply with provisions of the integrated pest management (IPM) programs requirements for 

operation rations. Contractor shall be solely responsible for the proper care and storage of RNC. DLA Troop Support 

may be contacted for assistance concerning individual component storage problems or concerns regarding proper 

method. 

(6) Notwithstanding other requirements concerning stacking of pallets of RNC, pallets will be stacked one high unless 

the contractor determines the cases will withstand higher stacking without damaging RNC. 

 

 

ATTACHMENTS: 

ATTACHMENT 1 WAIVER, DEVIATION, REINSPECTION, FOREIGN MATERIAL, EXTENSION 

TEMPLATE 

ATTACHMENT 2 SUBSTITUTION REQUEST TEMPLATE 

ATTACHMENT 3 PRESUMPTIVE POSITIVE QUESTIONAIRE 

Attachment 1 - REWORK, WAIVER, DEVIATION, REINSPECTION, FOREIGN MATERIAL, 

EXTENSION TEMPLATE 

 

USE COMPANY LETTERHEAD FOR REQUEST DATE 

 

Subject: (state type of request) request for (include the name of the product and lot number) 

(If requesting a waiver and a rework, submit requests separately) 

 
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01 Type of Request: Waiver ☐ Notification ☐ Re-inspection ☐ Rework ☐ 

02 Nature of Request: 

03 Approval Required from DLA: Yes ☐ No ☐ 

04 Contractor Name/Address: 

05 Contract Number: 

06 Product Name: 

07 National Stock Number: 

08 Batch Number (s) (If Applicable): 

09 Sublot (s) (If Applicable): 

10 Lot Number (s): 

11 Process Category (ex. Work-in-progress/End Item): 

12.a Quantities: Pouches _____ Pouches/Case _____ Cases _____ Cases/Pallet _____ Pallets _____ 

12.b Pouch integrity waivers/reworks: Manufacturing lines & equipment: Fill & seal machine(s) _____ Fill & seal 

line(s) _____ 

12.c Other waivers/reworks: Provide specific details regarding the manufacturing lines when the issue is being 

attributed to a particular line, batch, time period, etc. 

13 PCR/CID/QAP Number (Spec): 

14 Sample Size; Defect; Accept/Reject: 

15 Defect Classification: Critical ☐ Major ☐ Minor ☐ NA ☐ 

16 Inspection Failure (Summary of non-conformances): 

17 Failure Identified: Processing ☐ Packaging ☐ End Item ☐ 

18 Inspector: In-plant ☐ USDA ☐ 

19 Date of Incident:

20.a. Attachments (Provide in-house and USDA worksheets):

20.b. Attachments (Provide in process worksheets): 

21 Root Cause of nonconformance or deviation (Describe using a short detailed paragraph or expand as 

necessary): Note: The citation of the number of nonconformances exceeding an end-item inspections acceptance 

number is not the identification of the root cause(s) of a nonconformance.

22 Corrective Action (Describe using a short detailed paragraph or expand as necessary):

23 Preventive Action (Describe using a short detailed paragraph or expand as necessary): Note: (Within the 30 

day time limit to submit a rework, identify in your request if preventive actions were deemed necessary, and if so 

what preventive actions have been implemented)

24 Occurrence (Has this occurred before/when): 

25 Was this lot previously reworked? If so, was it a full or partial rework? 

26 Estimated Cost: 

27 Effect on Delivery: 

28 Justification for request: 

 

Thank you, 

 

Point of Contact Info with phone number and email address 

 

Attachment 2 - SUBSTITUTION REQUEST TEMPLATE 

 

USE COMPANY LETTERHEAD FOR REQUEST DATE 

 

Subject: Substitution request for (insert component name) 
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01 New Substitution Request: ☐ Extension On Previous Request: ☐ (Provide a copy of original approval letter) 

 

02 Ration Type (MRE, FSR, MCW, etc.):

 

03 Component for Which Substitution Is Required: 

 

04 Provide Detailed Information to Justify the Request (Sufficient to support an Engineering Support Case): 

 

05 Substitution Quantity Required: 

 

06 Time Period for Substitution: 

 

07 Which Menu Number(s) Will the Substitution Be Used In? 

 

08 Number of Affected Menus: 

 

09 Number of Affected Cases: 

 

10 Proposed Substitution(s): 

 

Note 1: Provide nutritional information (preferably a copy of the Nutrition Facts label from the package) for the component 

that the substitution is required for as well as any proposed substitution. At a minimum, calories, fat, protein, carbohydrates 

and sodium information is required) 

 

 

Thank you, 

 

Point of Contact Info with phone number and email address 

 

 

Attachment 3 - PRESUMPTIVE POSITIVE QUESTIONAIRE 

 

Recommended Actions Following NOTIFICATION OF PRESUMPTIVE POSITIVE Laboratory Analysis for 

Microbiological Testing. 

 

1. Don't Panic! Now is the time to review your operations and gather data. The following actions are provided in 

order for the contractor and the Government to be best prepared in the event the presumptive positive is confirmed an 

actual positive. 

 

2. Identify, segregate, and place suspect lot on medical hold. 

 

3. Identify all ingredients used in suspect lot by manufacturer and lot number. 

 

4. Identify all other products/lots with ingredients in common to the suspect lot. If other products/lots were produced 

with any of the same ingredients (manufacturer and lot number) as the suspect lot, locate, segregate, and place those 

lots on medical hold. 

 
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5. Do not produce any further products/lots with the same ingredients (manufacturer and lot number) as the suspected 

lot, place these ingredients on medical hold. 

 

6. If currently producing with the same ingredients (manufacturer and lot number) as the suspected lot, ensure the 

product is identified, segregated, and placed on medical hold. 

 

Steps 2-6 are to ensure that suspect product and/or common ingredients from suspected lot do not enter the 

supply chain. Recommend a spreadsheet be developed listing end products by lots against ingredients by lots. 

 

7. Identify all lots produced after the suspect lot for which the same equipment was used in blending, processing, and/

or packaging. 

 

8. Identify when involved equipment was wet washed and sanitized prior to and after the production of the suspect 

lot. 

 

9. Review all production, maintenance, sanitation, and QA records for the day before and the day of suspect lot 

production. 

 

10. Review visitor logs for the day before and day of production. 

 

11. Review employee records for the day before and the day of production. 

 

12. Review facility environmental conditions (e.g., temporary standing water due to heavy rains; broken windows or 

doors; storage areas, etc.) for the day before and day of production. 

 

Steps 7-12 are to determine if something happened the day of production or the day prior that may have lead 

to contamination of the product or its ingredients. 

 

13. Consider conducting a full sanitation cycle (for example, wet wash and sanitize equipment/line) on the line the 

suspect lot was produced on. Also consider a full sanitation cycle on any other line that common ingredients 

(manufacturer and lot number) to the suspect lot were use in. 

 

14. Determine relationships between the suspect lot all other products with respect to: a) equipment/environment; b) 

personnel; and c) ingredients. 

 

15. Review collected data for completeness and await results of confirmation testing; you are now prepared should 

the presumptive be confirmed as an actual positive. In your review if you identify a probable/possible source of 

contamination you should take immediate corrective action and notify the government. 

 

16. The government may require additional inspection/review prior to certification of products offered during the 

interim period between notification of presumptive positive and the results of the confirmation test. To include, but 

not limited, to certification/verification that the offered lot has no relationship (equipment/environment; personnel; 

ingredients) to the presumptive lot. 

 

Recommended Actions Following NOTIFICATION OF CONFIRMED POSITIVE Laboratory Analysis for 

Microbiological Testing. 

 

17. Panic! -- only if you have not followed the recommended immediate actions when notified of the presumptive 
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positive. 

 

18. Develop a detailed report with the above gathered information. It is the responsibility of the contractor to provide 

the government a detailed report indicating the probable/possible source of contamination, relationships between the 

suspect lot and all other government products, and a corrective action plan to prevent recurrence. 

 

19. Once the government has a full detailed report from the contractor the government will determine what further 

action(s) is/are required to ensure offered products meet government requirements. 

 

20. Further actions may include, but are not limited to, increased auditing by the U.S. Army Public Health Center, 

additional product testing, tightened inspection requirements, additional testing of other lots/products, testing of raw 

ingredients, submission of manufacturers certificates, or condemnation. 

 

21. Any product lot found nonconforming due to microbiological testing will NOT be accepted by the government 

under any condition. Retesting or reworking confirmed positive lots is not authorized. 

 

 

 

52.246-2 INSPECTION OF SUPPLIES FIXED PRICE (AUG 1996) FAR

 

SECTION F - DELIVERIES OR PERFORMANCE

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

 

52.242-15 STOP-WORK ORDER (AUG 1989) FAR

 

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR

 

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

 

SECTION G - CONTRACT ADMINISTRATION DATA

G-1 Contract Administration 

 

Contract Administration will be performed by DLA Troop Support, Individual Rations Division - FTRC. 

 

G-2 Correspondence 

 

All pertinent correspondence relative to this contract shall be directed to DLA Troop Support, Individual Rations 

Division - FTRC. Contractor's requests for acceptance of nonconforming supplies should be submitted to the 

assigned Quality Assurance Representative (QAR), i.e., U.S. Army Veterinary Inspector (AVI) or USDA 

Inspection as applicable. The QAR should forward your request directly to the Contracting Office. A copy of 

correspondence notifying the contractor of acceptance/rejection of waiver/ deviation requests will be furnished to 

the ACO by the Contracting Officer. 

 

G-3 Invoices 

 
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See DFARS clause 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018). 

 

 

SECTION H - SPECIAL CONTRACT REQUIREMENTS

Note: DLA Troop Support will establish a Rations National Contract (RNC) with each component manufacturer, and 

will authorize the MRE assemblers to order directly from these contracts in lieu of DLA providing the components as 

Government Furnished Material (GFM). The Rations National Contract will establish component prices and 

contractual requirements, but the assemblers will order and pay for the material directly. The assemblers will have full 

control over when to order, how much to order, and will have full responsibility for the supply chain and inventory. 

Purchases made by the Assemblers will go toward satisfying the minimum ordering obligations under the subsequent 

RNC contract (s).

 

Note: Terms and conditions of an individual RNC contract will prevail in case of conflict amongst the individual 

RNC components contractors and MRE assemblers.

 

H-1 Ordering RNC Components 

 

Orders will be placed with no less than a 60 day lead-time, and must be placed in economic production quantities, 

unless the component contractor concurs and there is no additional cost. The required delivery date will be established 

with the issuance of the delivery order. Failure to deliver the required quantities by the date set forth by the assembler 

may result in termination of the contract by default. 

 

Orders may be cancelled partially or in total within 15 days of order placement for any reason. Any cancellation after 

15 days may only be accepted with the express consent of the component contractor. 

 

Component prices will be based on a FOB Destination basis. Acceleration or delay of any delivery may only occur at 

no additional cost to the Government and with the consent of the component contractor. Additionally, deliveries must 

be scheduled to take advantage of economical shipping containers/rates. 

 

H-2 Replacement of Defective Components 

 

For cases of bulk-packed component items, if upon opening the case or during assembly a number of defective units 

are discovered in the case which cannot be readily segregated from useable components, e.g. leaking spreads or 

excessive accessory pack issues, the case must be removed from the assembly line and upon such verification from 

the Army Vet Inspector (AVI), the entire case will be considered defective, and placed on hold. The Contracting 

Officer must be given written notice of the defective product including the name and signature of the confirming 

AVI inspector. The assembler must include information regarding defective components and replacement of such 

components in its inventory reports. 

 

H-3 Storage of Component Items 

 

Components must be stored in such a manner as to protect them from damage due to temperature or humidity 

changes. DLA Troop Support may be contacted for assistance concerning individual component storage problems or 

concerns regarding proper methods. If bulk-packaged components are removed from storage in a frozen condition, 

they must not be exposed to high temperatures and/or humidity without first being tempered. Tempering will be done 

by raising the temperature to no greater than 40 degrees F the first 24 hours; and to no more than 65 degrees F and 55 
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percent humidity the second 24 hours. Packaging material must not be removed prior to completing the tempering 

procedure. 

 

H-4 FIFO Requirements 

 

Components will be utilized in assembly operations on the First-in, First-out (FIFO) basis (or oldest contractor's date 

of pack when receipted). A contractor's component lot, described by the Julian date of pack, must be completely 

assembled and exhausted before assembling the next component lot. 

 

H-5 Bulk Component Packaging 

 

To assure the unwrapped components are packaged in a satisfactory manner, the following minimum 

sanitation requirements are established in the performance of any contract awarded: 

 

A. Strict adherence to Good Manufacturing Practices is required. 

 

B. An appropriate level of sanitation will be maintained in the bulk product packaging area in accordance with 

the facility sanitation program. 

C. Personnel involved in packaging operations will be provided with clean white frocks as needed. 

 D. The hands of personnel participating in bulk product packaging operations must be clean at all times and 

free from sores, cuts, and/or abrasions. 

 E. Personnel involved in packaging operations will be required to wear head coverings (hat or hair net) and 

beard nets, when appropriate. 

H-6 Subassemblies 

 

Payment to assemblers will be based upon the number of completed boxes assembled and delivered. No 

compensation will be allowed for subassemblies, which are not incorporated into completed boxes. 

 

 

 

SECTION I - CONTRACT CLAUSES

52.202-1 DEFINITIONS (OCT 2020) FAR

 

52.203-3 GRATUITIES (APR 1984) FAR

 

52.203-5 COVENANT AGAINST CONTINGENT FEES (OCT 2020) FAR

 

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

 

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

 

52.203-8 CANCELLATION, RECISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) FAR
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52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) FAR

 

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

 

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2020) FAR

 

52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (JUN 2010) 

FAR

 

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY 

AGREEMENTS OR STATEMENTS-REPRESENTATION (JAN 2017) FAR

 

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017) 

FAR

 

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

 

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

2008) DFARS

 

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) DFARS

 

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

 

252.203-7004 DISPLAY OF HOTLINE POSTERS (OCT 2020) DFARS

 

252.203-7995 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY 

AGREEMENTS (NOV 2016) DFARS

 

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

 

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) FAR

 

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2020) FAR

 

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

 

52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016) FAR

 

52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS (OCT 2016) FAR

 

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020) FAR

 

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

 

52.204-20 PREDECESSOR OF OFFEROR (AUG 2020) FAR

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

Commercial and Government Entity (CAGE) code means -- 

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and 

Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or 
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(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency 

(NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch 

records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. 

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor. 

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a 

new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a 

company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending 

on State law and specific circumstances. 

(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three 

years. 

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal 

contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): 

Predecessor CAGE code: (or mark “Unknown”). 

Predecessor legal name: . 

(Do not use a “doing business as” name).

 

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) FAR

 

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY 

KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018) FAR

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

Covered article means any hardware, software, or service that --

(1) Is developed or provided by a covered entity; 

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or 

(3) Contains components using any hardware or software developed in whole or in part by a covered entity. 

Covered entity means --

(1) Kaspersky Lab; 

(2) Any successor entity to Kaspersky Lab; 

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or 

(4) Any entity of which Kaspersky Lab has a majority ownership. 

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits 

Government use of any covered article. The Contractor is prohibited from -- 

(1) Providing any covered article that the Government will use on or after October 1, 2018; and 

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the 

contract. 

(c) Reporting requirement. (1) In the event the Contractor identifies a covered article provided to the Government during contract performance, 

or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting 

Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor 

shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of 

the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. 

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause: 

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; 

supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler 

number); item description; and any readily available information about mitigation actions undertaken or recommended. 

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about 

mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or 

submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be 

incorporated to prevent future use or submission of covered articles. 

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including 

subcontracts for the acquisition of commercial items. 

(End of clause)

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

 

252.204-7004 LEVEL I ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (FEB 2019) DFARS

 

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

INFORMATION (OCT 2016) DFARS

 

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

 

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (MAY 2016) DFARS

 

252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020) DFARS

(a) Definitions.

Basic Assessment, Medium Assessment, and High Assessment have the meaning given in the clause 252.204 -7020, NIST SP 800 -171 DoD 

Assessments.

Covered contractor information system has the meaning given in the clause 252.204 -7012, Safeguarding Covered Defense Information and 

Cyber Incident Reporting, of this solicitation.

(b) Requirement. In order to be considered for award, if the Offeror is required to implement NIST SP 800 -171, the Offeror shall have a current 

assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) (see 252.204 -7020) for each covered 

contractor information system that is relevant to the offer, contract, task order, or delivery order. The Basic, Medium, and High NIST SP 800 

-171 DoD Assessments are described in the NIST SP 800 -171 DoD Assessment Methodology located at https://www.acq.osd.mil/dpap/pdi/

cyber/strategically_assessing_contractor_implementation_of_NIST_SP_800-171.html.

(c) Procedures. 

(1) The Offeror shall verify that summary level scores of a current NIST SP 800 -171 DoD Assessment (i.e., not more than 3 years old 

unless a lesser time is specified in the solicitation) are posted in the Supplier Performance Risk System (SPRS) (https://www.sprs.csd.disa.

mil/) for all covered contractor information systems relevant to the offer. 

(2) If the Offeror does not have summary level scores of a current NIST SP 800 -171 DoD Assessment (i.e., not more than 3 years old 

unless a lesser time is specified in the solicitation) posted in SPRS, the Offeror may conduct and submit a Basic Assessment to 

webptsmh@navy.mil for posting to SPRS in the format identified in paragraph (d) of this provision. 

(d) Summary level scores. Summary level scores for all assessments will be posted 30 days post-assessment in SPRS to provide DoD 

Components visibility into the summary level scores of strategic assessments. 

(1) Basic Assessments. An Offeror may follow the procedures in paragraph (c)(2) of this provision for posting Basic Assessments to SPRS. 

(i) The email shall include the following information: 

(A) Cybersecurity standard assessed (e.g., NIST SP 800 -171 Rev 1). 

(B) Organization conducting the assessment (e.g., Contractor self-assessment). 

(C) For each system security plan (security requirement 3.12.4) supporting the performance of a DoD contract -- 

(1) All industry Commercial and Government Entity (CAGE) code(s) associated with the information system(s) addressed by the 

system security plan; and 

(2) A brief description of the system security plan architecture, if more than one plan exists. 

(D) Date the assessment was completed. 

(E) Summary level score (e.g., 95 out of 110, NOT the individual value for each requirement). 

(F) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information 

gathered from associated plan(s) of action developed in accordance with NIST SP 800 -171. 

(ii) If multiple system security plans are addressed in the email described at paragraph (d)(1)(i) of this section, the Offeror shall use 

the following format for the report:

System security plan CAGE codes 

supported by this plan 

Brief description of the 

plan architecture Date of assessment Total score Date score of 110 will achieved 

(2) Medium and High Assessments. DoD will post the following Medium and/or High Assessment summary level scores to SPRS for each 
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system assessed: 

(i) The standard assessed (e.g., NIST SP 800 -171 Rev 1). 

(ii) Organization conducting the assessment, e.g., DCMA, or a specific organization (identified by Department of Defense Activity 

Address Code (DoDAAC)). 

(iii) All industry CAGE code(s) associated with the information system(s) addressed by the system security plan. 

(iv) A brief description of the system security plan architecture, if more than one system security plan exists. 

(v) Date and level of the assessment, i.e., medium or high. 

(vi) Summary level score (e.g., 105 out of 110, not the individual value assigned for each requirement). 

(vii) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information 

gathered from associated plan(s) of action developed in accordance with NIST SP 800 -171. 

(3) Accessibility. (i) Assessment summary level scores posted in SPRS are available to DoD personnel, and are protected, in accordance 

with the standards set forth in DoD Instruction 5000.79, Defense-wide Sharing and Use of Supplier and Product Performance Information 

(PI). 

(ii) Authorized representatives of the Offeror for which the assessment was conducted may access SPRS to view their own summary 

level scores, in accordance with the SPRS Software User's Guide for Awardees/Contractors available at https://www.sprs.csd.disa.mil/

pdf/SPRS_Awardee.pdf.

(iii) A High NIST SP 800 -171 DoD Assessment may result in documentation in addition to that listed in this section. DoD will retain and 

protect any such documentation as ``Controlled Unclassified Information (CUI)'' and intended for internal DoD use only. The information 

will be protected against unauthorized use and release, including through the exercise of applicable exemptions under the Freedom of 

Information Act (e.g., Exemption 4 covers trade secrets and commercial or financial information obtained from a contractor that is 

privileged or confidential). 

(End of provision)

 

252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020) DFARS

(a) Definitions.

Basic Assessment means a contractor's self assessment of the contractor's implementation of NIST SP 800 -171 that --

(1) Is based on the Contractor's review of their system security plan(s) associated with covered contractor information system(s); 

(2) Is conducted in accordance with the NIST SP 800 -171 DoD Assessment Methodology; and 

(3) Results in a confidence level of ``Low'' in the resulting score, because it is a self generated score. 

Covered contractor information system has the meaning given in the clause 252.204 -7012, Safeguarding Covered Defense Information and 

Cyber Incident Reporting, of this contract.

High Assessment means an assessment that is conducted by Government personnel using NIST SP 800 -171A, Assessing Security 

Requirements for Controlled Unclassified Information that --

(1) Consists of -- 

(i) A review of a contractor's Basic Assessment; 

(ii) A thorough document review; 

(iii) Verification, examination, and demonstration of a Contractor's system security plan to validate that NIST SP 800 -171 security 

requirements have been implemented as described in the contractor's system security plan; and 

(iv) Discussions with the contractor to obtain additional information or clarification, as needed; and 

(2) Results in a confidence level of ``High'' in the resulting score. 

Medium Assessment means an assessment conducted by the Government that --

(1) Consists of -- 

(i) A review of a contractor's Basic Assessment; 

(ii) A thorough document review; and 

(iii) Discussions with the contractor to obtain additional information or clarification, as needed; and 

(2) Results in a confidence level of ``Medium'' in the resulting score. 

(b) Applicability. This clause applies to covered contractor information systems that are required to comply with the National Institute of 

Standards and Technology (NIST) Special Publication (SP) 800 -171, in accordance with Defense Federal Acquisition Regulation System 

(DFARS) clause at 252.204 -7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, of this contract. 

(c) Requirements. The Contractor shall provide access to its facilities, systems, and personnel necessary for the Government to conduct a 

Medium or High NIST SP 800 -171 DoD Assessment, as described in NIST SP 800 -171 DoD Assessment Methodology at https://www.acq.
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osd.mil/dpap/pdi/cyber/strategically_assessing_contractor_implementation_of_NIST_SP_800-171.html, if necessary. 

(d) Procedures. Summary level scores for all assessments will be posted in the Supplier Performance Risk System (SPRS) (https://www.sprs.

csd.disa.mil/) to provide DoD Components visibility into the summary level scores of strategic assessments. 

(1) Basic Assessments. A contractor may submit, via encrypted email, summary level scores of Basic Assessments conducted in 

accordance with the NIST SP 800 -171 DoD Assessment Methodology to webptsmh@navy.mil for posting to SPRS. 

(i) The email shall include the following information: 

(A) Version of NIST SP 800 -171 against which the assessment was conducted. 

(B) Organization conducting the assessment (e.g., Contractor self-assessment). 

(C) For each system security plan (security requirement 3.12.4) supporting the performance of a DoD contract -- 

(1) All industry Commercial and Government Entity (CAGE) code(s) associated with the information system(s) addressed by the system 

security plan; and 

(2) A brief description of the system security plan architecture, if more than one plan exists. 

(D) Date the assessment was completed 

(E) Summary level score (e.g., 95 out of 110, NOT the individual value for each requirement). 

(F) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information 

gathered from associated plan(s) of action developed in accordance with NIST SP 800 -171. 

(ii) If multiple system security plans are addressed in the email described at paragraph (b)(1)(i) of this section, the Contractor shall use 

the following format for the report:

System security plan CAGE codes 

supported by this plan

Brief description of the 

plan architecture Date of assessment Total score Date score of 110 will achieved

(2) Medium and High Assessments. DoD will post the following Medium and/or High Assessment summary level scores to SPRS for each 

system security plan assessed: 

(i) The standard assessed (e.g., NIST SP 800 -171 Rev 1). 

(ii) Organization conducting the assessment, e.g., DCMA, or a specific organization (identified by Department of Defense Activity 

Address Code (DoDAAC)). 

(iii) All industry CAGE code(s) associated with the information system(s) addressed by the system security plan. 

(iv) A brief description of the system security plan architecture, if more than one system security plan exists. 

(v) Date and level of the assessment, i.e., medium or high. 

(vi) Summary level score (e.g., 105 out of 110, not the individual value assigned for each requirement). 

(vii) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information 

gathered from associated plan(s) of action developed in accordance with NIST SP 800 -171. 

(e) Rebuttals. 

(1) DoD will provide Medium and High Assessment summary level scores to the Contractor and offer the opportunity for rebuttal and 

adjudication of assessment summary level scores prior to posting the summary level scores to SPRS (see SPRS User's Guide https://www.

sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf). 

(2) Upon completion of each assessment, the contractor has 14 business days to provide additional information to demonstrate that they 

meet any security requirements not observed by the assessment team or to rebut the findings that may be of question. 

(f) Accessibility. 

(1) Assessment summary level scores posted in SPRS are available to DoD personnel, and are protected, in accordance with the standards 

set forth in DoD Instruction 5000.79, Defense-wide Sharing and Use of Supplier and Product Performance Information (PI). 

(2) Authorized representatives of the Contractor for which the assessment was conducted may access SPRS to view their own summary 

level scores, in accordance with the SPRS Software User's Guide for Awardees/Contractors available at https://www.sprs.csd.disa.mil/pdf/

SPRS_Awardee.pdf.

(3) A High NIST SP 800 -171 DoD Assessment may result in documentation in addition to that listed in this clause. DoD will retain and 

protect any such documentation as ``Controlled Unclassified Information (CUI)'' and intended for internal DoD use only. The information will 

be protected against unauthorized use and release, including through the exercise of applicable exemptions under the Freedom of 

Information Act (e.g., Exemption 4 covers trade secrets and commercial or financial information obtained from a contractor that is privileged 

or confidential). 

(g) Subcontracts.
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(1) The Contractor shall insert the substance of this clause, including this paragraph (g), in all subcontracts and other contractual 

instruments, including subcontracts for the acquisition of commercial items (excluding COTS items). 

(2) The Contractor shall not award a subcontract or other contractual instrument, that is subject to the implementation of NIST SP 800 -171 

security requirements, in accordance with DFARS clause 252.204 -7012 of this contract, unless the subcontractor has completed, within the 

last 3 years, at least a Basic NIST SP 800 -171 DoD Assessment, as described in https://www.acq.osd.mil/dpap/pdi/cyber/

strategically_assessing_contractor implementation_of_NIST_SP_800-171.html, for all covered contractor information systems relevant to its 

offer that are not part of an information technology service or system operated on behalf of the Government. 

(3) If a subcontractor does not have summary level scores of a current NIST SP 800 -171 DoD Assessment (i.e., not more than 3 years old 

unless a lesser time is specified in the solicitation) posted in SPRS, the subcontractor may conduct and submit a Basic Assessment, in 

accordance with the NIST SP 800 -171 DoD Assessment Methodology, to webptsmh@navy.mil for posting to SPRS along with the 

information required by paragraph (d) of this clause. 

(End of clause)

 

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

 

52.208-9 CONTRACTOR USE OF MANDATORY SOURCES OF SUPPLY OR SERVICES (MAY 2014) FAR

 

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

SUSPENDED, OR PROPOSED FOR SUSPENSION (OCT 2020) FAR

 

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) FAR

 

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015) FAR

 

52.210-1 MARKET RESEARCH (OCT 2020) FAR

 

52.211-5 MATERIAL REQUIREMENTS (AUG 2000) FAR

 

52.211-16 VARIATION IN QUANTITY (APR 1984) FAR

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of 

loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this 

clause. 

(b) The permissible variation shall be limited to: 

0.5 Percent increase [Contracting Officer insert percentage] 

0 Percent decrease [Contracting Officer insert percentage] 

This increase or decrease shall apply to all line items.* 

(End of clause)

 

252.211-7005 SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND STANDARDS (NOV 2005) DFARS

(a) Definition. “SPI process,” as used in this clause, means a management or manufacturing process that has been accepted previously by 

the Department of Defense under the Single Process Initiative (SPI) for use in lieu of a specific military or Federal specification or standard at 

specific facilities. Under SPI, these processes are reviewed and accepted by a Management Council, which includes representatives of the 

Contractor, the Defense Contract Management Agency, the Defense Contract Audit Agency, and the military departments. 

(b) Offerors are encouraged to propose SPI processes in lieu of military or Federal specifications and standards cited in the solicitation. A 

listing of SPI processes accepted at specific facilities is available via the Internet at http://guidebook.dcma.mil/20/guidebook_process.htm

(paragraph 4.2). 

(c) An offeror proposing to use an SPI process in lieu of military or Federal specifications or standards cited in the solicitation shall 

(1) Identify the specific military or Federal specification or standard for which the SPI process has been accepted; 

(2) Identify each facility at which the offeror proposes to use the specific SPI process in lieu of military or Federal specifications or 

standards cited in the solicitation; 

(3) Identify the contract line items, subline items, components, or elements affected by the SPI process; and 

(4) If the proposed SPI process has been accepted at the facility at which it is proposed for use, but is not yet listed at the Internet site 
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specified in paragraph (b) of this clause, submit documentation of Department of Defense acceptance of the SPI process. 

(d) Absent a determination that an SPI process is not acceptable for this procurement, the Contractor shall use the following SPI processes in 

lieu of military or Federal specifications or standards: 

(Offeror insert information for each SPI process)

 

SPI Process: 

Facility: 

Military or Federal Specification or Standard: 

Affected Contract Line Item Number, Subline Item Number, Component, or Element:

(e) If a prospective offeror wishes to obtain, prior to the time specified for receipt of offers, verification that an SPI process is an acceptable 

replacement for military or Federal specifications or standards required by the solicitation, the prospective offeror 

(1) May submit the information required by paragraph (d) of this clause to the Contracting Officer prior to submission of an offer; but 

(2) Must submit the information to the Contracting Officer at least 10 working days prior to the date specified for receipt of offers. 

 (End of clause)

 

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

THAT IS A STATE SPONSOR OF TERRORISM (OCT 2020) DFARS

 

52.215-2 AUDIT AND RECORDS - NEGOTIATION (OCT 2020) FAR

 

52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997) FAR

 

52.215-14 INTEGRITY OF UNIT PRICES (OCT 2020) FAR

 

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997) FAR

(a) The Contractor shall make the following notifications in writing: 

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the 

valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 

days. 

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or 

are certain to occur as a result of a change in ownership. 

 

(b) The Contractor shall- 

(1) Maintain current, accurate, and complete inventory records of assets and their costs; 

(2) Provide the ACO or designated representative ready access to the records upon request; 

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives 

are identified accurately before and after each of the Contractor's ownership changes; and 

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor 

ownership change. 

 

(c) The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of 

FAR 15.408(k). 

(End of clause) 

 

 

52.216-19 ORDER LIMITATIONS (OCT 1995) FAR

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

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1 month supply of 

the yearly estimate for each item [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 -- 
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(1) Any order for a single item in excess of IQC Maximum per line item [insert dollar figure or quantity]; 

(2) Any order for a combination of items in excess of IQC Maximum(s) per line item(s) [insert dollar figure or quantity]; or 

(3) A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (b)(1) 

or (2) of this section. 

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation 

(FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximumorder limitations in paragraph (b) of this section. 

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

paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the 

Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the 

supplies or services from another source. 

(End of clause)

 

52.216-22 INDEFINITE QUANTITY (OCT 1995) FAR

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

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The 

quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. 

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall 

furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated 

in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the 

“minimum.” 

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may 

be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. 

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor 

within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that 

order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be 

required to make any deliveries under this contract after the contract performance period [insert date]. 

(End of clause) 

 

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2020-O0008) (OCT 2020) FAR

(a) Definition. “Small business concern,” as used in this clause, means a concern, including its affiliates, that is independently owned and 

operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size 

standards in this solicitation. 

(b) Applicability. This clause applies only to -- 

(1) Contracts that have been totally set aside for small business concerns; and 

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F). 

(c) General. 

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be 

considered nonresponsive and will be rejected. 

(2) Any award resulting from this solicitation will be made to a small business concern. 

(d) Agreement. 

(1) For a contract or an order at or below the simplified acquisition threshold, a small business concern may provide the end item of any 

firm. For a contract or an order exceeding the simplified acquisition threshold, unless the Small Business Administration has waived the 

requirements of paragraphs (d)(1)(i) through (iii) of this clause in accordance with 13 CFR 121.1204, a small business concern that provides 

an end item it did not manufacture, process, or produce, shall -- 

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas; 

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and 

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; 

for example, providing storage, transportation, or delivery. 
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(2) For contracts or orders for multiple end items, at least 50 percent of the total value of the contract or order shall be manufactured, 

processed, or produced in the United States or its outlying areas by small business concerns. 

(3) Paragraphs (d)(1) through (2) of this clause do not apply to construction or service contracts. 

(End of clause)

 

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018) FAR

 

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2020-O0008, REVISION 1) (MAR 2020) FAR

(a) This clause does not apply to the unrestricted portion of a partial set-aside. 

(b) Definition. “Similarly situated entity,” as used in this clause, means a first-tier subcontractor, including an independent contractor, that -- 

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business setaside contract, any small business concern, without regard to its socioeconomic status); and 

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor 

assigned to the subcontract. 

(c) Applicability. This clause applies only to -- 

(1) Contracts that have been set aside for small business concerns or 8(a) participants; 

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants; 

(3) Contracts that have been awarded on a sole-source basis in accordance with subpart 19.8; 

(4) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F), if the order 

amount is expected to exceed the simplified acquisition threshold; 

(5) Orders competed among 8(a) participants in accordance with subpart 19.8 under multiple-award contracts, as described in 8.405-5 and 

16.505(b)(2)(i)(F), regardless of dollar value; 

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived 

the evaluation preference; and 

(7) Orders issued directly to small business concerns or 8(a) participants under multiple-award contracts as described in 19.504(c)(1)(ii). 

(d) Independent contractors. An independent contractor shall be considered a subcontractor. 

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a 

contract assigned a NAICS code for -- 

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to 

subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 

prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 

percent limitation shall apply only to the service portion of the contract. Other direct costs are excluded to the extent they are not the 

principal purpose of the contract and cannot be obtained from small business concerns; 

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by 

the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any 

work that a similarly situated entity further subcontracts will count toward the prime contractor's 50 percent subcontract amount that cannot 

be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the 

contract; 

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding 

the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts 

will count toward the prime contractor's 85 percent subcontract amount that cannot be exceeded; or 

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract 

performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated 

entity further subcontracts will count toward the prime contractor's 75 percent subcontract amount that cannot be exceeded. 

(f) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be 

performed by the aggregate of the joint venture participants. 

(g) The Contractor shall comply with the limitations on subcontracting as follows: 

(1) For contracts, in accordance with paragraphs (c)(1) and (2) of this clause -- 

[Contracting Officer check as appropriate.] 

 By the end of the base term of the contract and then by the end of each subsequent option period; or

 By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(3) and (4) of this clause, by the end of the 
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performance period for the order. 

 (End of clause)

 

52.219-28 POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAY 2020) FAR

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that 

exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under 

the clause at 52.217-8, Option to Extend Services, or other appropriate authority. 

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of 

operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size 

standard in paragraph (d) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or 

major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining 

whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial 

resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, 

and nature of business activity. 

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the 

Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this 

clause, upon occurrence of any of the following: 

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause if the 

novation agreement was executed prior to inclusion of this clause in the contract. 

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to 

include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. 

(3) For long-term contracts- 

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and 

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. 

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the 

Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this 

clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract. 

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that 

corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard 

corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards, 

(e) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a 

construction or service contract, is 500 employees. 

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this 

clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management 

(SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the 

contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this 

clause), that the data have been validated or updated, and provide the date of the validation or update. 

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not 

required to, take the actions required by paragraphs (f) or (h) of this clause. 

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code 

applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along 

with the contract number and the date on which the rerepresentation was completed: 

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code assigned to contract number . 

(2) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor 

represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. 

(3) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor 

represents that it [ ] is, [ ] is not a women-owned small business concern. 

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the Contractor represented itself 

as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor represents that -- 

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB 

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and 

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) 

of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The Contractor 

shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating 
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in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate 

signed copy of the WOSB representation. 

(5) Economically disadvantaged women-owned small business (EDWOSB) concern.[Complete only if the Contractor represented itself as a 

women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause. ] The Contractor represents that -- 

(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB 

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and 

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(5)(i) 

of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of 

the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in 

the joint venture shall submit a separate signed copy of the EDWOSB representation. 

(6) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor 

represents that it [ ] is, [ ] is not a veteran-owned small business concern. 

(7) [ Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The 

Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern. 

(8) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor 

represents that -- 

(i) It [ ] is, [ ]is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone 

Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal 

office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and 

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in 

paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The 

Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each 

HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone 

representation. 

[Contractor to sign and date and insert authorized signer's name and title.] 

(End of clause)

 

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997) FAR

 

52.222-19 CHILD LABOR - COOPERATION WITH AUTHORITIES AND REMEDIES (DEVIATION 2020-O0019) (JUL 2020) FAR

(a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in -- 

(1) Israel, and the anticipated value of the acquisition is $50,000 or more; 

(2) Mexico, and the anticipated value of the acquisition is $83,099 or more; or 

(3) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, 

Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, 

Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, 

Sweden, Switzerland, Taiwan, Ukraine, or the United Kingdom and the anticipated value of the acquisition is $182,000 or more. 

(b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured 

by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child 

labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222-18, 

Certification Regarding Knowledge of Child Labor for Listed End Products, or the equivalent at 52.212-3(i), the Contractor agrees to cooperate 

fully with authorized officials of the contracting agency, the Department of the Treasury, or the Department of Justice by providing reasonable 

access to records, documents, persons, or premises upon reasonable request by the authorized officials. 

(c) Violations. The Government may impose remedies set forth in paragraph (d) for the following violations: 

(1) The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end 

products. 

(2) The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of 

forced or indentured child labor by an Inspector General, Attorney General, or the Secretary of the Treasury. 

(3) The Contractor uses forced or indentured child labor in its mining, production, or manufacturing processes. 

(4) The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly 

or in part by forced or indentured child labor. (The Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this 

clause unless sufficient evidence indicates that the Contractor knew of the violation.) 

(d) Remedies. 

(1) The Contracting Officer may terminate the contract. 
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(2) The suspending official may suspend the Contractor in accordance with procedures in FAR Subpart 9.4. 

(3) The debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR Subpart 

9.4. 

(End of clause) 

 

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

 

52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999) FAR

 

52.222-26 EQUAL OPPORTUNITY (SEP 2016) FAR

 

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

 

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

 

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

 

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

 

52.222-50 COMBATING TRAFFICKING IN PERSONS (OCT 2020) FAR

 

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

 

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (OCT 2020) FAR

 

52.223-20 AEROSOLS (JUN 2016) FAR

 

52.223-21 FOAMS (JUN 2016) FAR

 

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) FAR

 

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM - BASIC (DEC 2017) DFARS

 

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM—BASIC (DEC 2017), ALT I (DEC 2017) DFARS

 

252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 2016) DFARS

 

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017) DFARS

 

252.225-7041 CORRESPONDENCE IN ENGLISH (JUN 1997) DFARS

 

252.225-7051 PROHIBITION ON ACQUISITION OF CERTAIN FOREIGN COMMERCIAL SATELLITE SERVICES (DEC 2018) DFARS

 

252.225-7052 RESTRICTION ON THE ACQUISITION OF CERTAIN MAGNETS, TANTALUM, AND TUNGSTEN (DEVIATION 2020-O0006) 

(FEB 2020) DFARS

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

“Assembly” means an item forming a portion of a system or subsystem that -- 

(1) Can be provisioned and replaced as an entity; and 

(2) Incorporates multiple, replaceable parts. 
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“Commercially available off-the-shelf item” -- 

(1) Means any item of supply that is -- 

(i) A commercial item (as defined in paragraph (1) of the definition of “commercial item” in section 2.101 of the Federal Acquisition 

Regulation); 

(ii) Sold in substantial quantities in the commercial marketplace; and 

(iii) Offered to the Government, under this contract or a subcontract at any tier, without modification, in the same form in which it is sold 

in the commercial marketplace; and 

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. 

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

“Covered country” means -- 

(1) The Democratic People's Republic of North Korea; 

(2) The People's Republic of China; 

(3) The Russian Federation; or 

(4) The Islamic Republic of Iran. 

“Covered material” means -- 

(1) Samarium-cobalt magnets; 

(2) Neodymium-iron-boron magnets; 

(3) Tantalum metal and alloy; 

(4) Tungsten metal powder; and 

(5) Tungsten heavy alloy or any finished or semi-finished component containing tungsten heavy alloy. 

“Electronic device” means an item that operates by controlling the flow of electrons or other electrically charged particles in circuits, using 

interconnections such as resistors, inductors, capacitors, diodes, switches, transistors, or integrated circuits. 

“End item” means the final production product when assembled or completed and ready for delivery under a line item of this contract. 

“Subsystem” means a functional grouping of items that combine to perform a major function within an end item, such as electrical power, 

attitude control, and propulsion. 

“Tungsten heavy alloy” means a tungsten base pseudo alloy that -- 

(1) Meets the specifications of ASTM B777 or SAE-AMS-T-21014 for a particular class of tungsten heavy alloy; or 

(2) Contains at least 90 percent tungsten in a matrix of other metals (such as nickel-iron or nickel-copper) and has density of at least 16.5 

g/cm3). 

(b) Restriction. 

(1) Except as provided in paragraph (c) of this clause, the Contractor shall not deliver under this contract any covered material melted or 

produced in any covered country, or any end item, manufactured in any covered country, that contains a covered material (10 U.S.C. 

2533c). 

(2)(i) For samarium-cobalt magnets and neodymium iron-boron magnets, this restriction includes -- 

(A) Melting samarium with cobalt to produce the samarium-cobalt alloy or melting neodymium with iron and boron to produce the 

neodymium-iron-boron alloy; and 

(B) All subsequent phases of production of the magnets, such as powder formation, pressing, sintering or bonding, and 

magnetization. 

(ii) The restriction on melting and producing of samarium-cobalt magnets is in addition to any applicable restrictions on melting of 

specialty metals if the clause at 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals, is included in 

the contract. 

(3) For production of tantalum metal and alloys, this restriction includes the reduction of tantalum chemicals such as oxides, chlorides, or 

potassium salts, to metal powder and all subsequent phases of production of tantalum metal and alloys, such as consolidation of metal 

powders and melting. 

(4) For production of tungsten metal powder and tungsten heavy alloy, this restriction includes - 

(i) Atomization; 

(ii) Calcination and reduction into powder; 

(iii) Final consolidation of non-melt derived metal powders; and 

(iv) All subsequent phases of production of tungsten metal powder, tungsten heavy alloy, or any finished or semi-finished component 

containing tungsten heavy alloy. 
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(c) Exceptions. This clause does not apply -- 

(1) To an end item that is -- 

(i) A commercially available off-the-shelf item, other than -- 

(A) A commercially available off-the-shelf item that is 50 percent or more tungsten by weight; or 

(B) A tantalum metal, tantalum alloy, or tungsten heavy alloy mill product, such as bar, billet, slab, wire, cube, sphere, block, blank, 

plate, or sheet, that has not been incorporated into an end item, subsystem, assembly, or component; 

(ii) An electronic device, unless otherwise specified in the contract; or 

(iii) A neodymium-iron-boron magnet manufactured from recycled material if the milling of the recycled material and sintering of the final 

magnet takes place in the United States. 

(2) If the authorized agency official concerned has made a nonavailability determination, in accordance with section 225.7018-4 of the 

Defense Federal Acquisition Regulation Supplement, that compliant covered materials of satisfactory quality and quantity, in the required 

form, cannot be procured as and when needed at a reasonable price. 

(i) For tantalum metal, tantalum alloy, and tungsten heavy alloy, the term “required form” refers to the form of the mill product, such as 

bar, billet, wire, slab, plate, or sheet, in the grade appropriate for the production of a finished end item to be delivered to the Government 

under this contract; or a finished component assembled into an end item to be delivered to the Government under the contract. 

(ii) For samarium-cobalt magnets or neodymium-iron-boron magnets, the term “required form” refers to the form and properties of the 

magnets. 

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in subcontracts and other contractual instruments that 

are for items containing a covered material, including subcontracts and other contractual instruments for commercial items, unless an 

exception in paragraph (c) of this clause applies. The Contractor shall not alter this clause other than to identify the appropriate parties. 

 (End of clause)

 

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

 

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

SMALL BUSINESS CONCERNS (SEP 2004) DFARS

 

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

 

52.229-11 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. 
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(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that -- 

(1) It [ ] is [ ] is not a foreign person; and 

(2) If the Offeror indicates “is” in paragraph (d)(1) of this provision, then the Offeror represents that --I am claiming on the IRS Form W-14 [ ] 

a full exemption, or [ ] partial or no exemption [Offeror shall select one] from the excise tax. 

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then -- 

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and 

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be 

applied to any resulting contract and the Government will withhold a full 2 percent of each payment. 

(f) If the Offeror selects “is” in paragraph (d)(1) and “partial or no exemption” in paragraph (d)(2) of this provision, the Offeror will be subject to 

withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract. 

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is 

called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue 

Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of 

facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of provision)

 

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENT (JUN 2020) FAR

 

252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991) DFARS

 

52.232-1 PAYMENTS (APR 1984) FAR

 

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002) FAR

 

52.232-11 EXTRAS (APR 1984) FAR

 

52.232-17 INTEREST (OCT 2010) FAR

 

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014) FAR

 

52.232-25 PROMPT PAYMENT (JAN 2017) FAR

 

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD MANAGEMENT (OCT 2018) FAR

 

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) FAR

 

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018) DFARS

 

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

(a) Definitions. As used in this clause- 

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

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

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

system. 

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

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

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

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

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

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

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

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

Protocol. 

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

in WAWF for this contract/order: 

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

 

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

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

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

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

by the contracting officer. 

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

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

when creating payment requests and receiving reports in the system. 

Routing Data Table*

Field Name in WAWF Data to be entered in 

WAWF

Pay Official DoDAAC

Issue By DoDAAC

Admin DoDAAC

Inspect By DoDAAC

Ship To Code

Ship From Code

Mark For Code

Service Approver 

(DoDAAC)

Service Acceptor 

(DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

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

applicable.”)

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

item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant 

back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. 

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

field of WAWF once a document is submitted in the system. 

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

(g) WAWF point of contact. 

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

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

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

(End of clause)

 

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) DFARS
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52.233-1 DISPUTES (MAY 2014) FAR

 

52.233-3 PROTEST AFTER AWARD (AUG 1996) FAR

 

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) FAR

 

5452.233-9001 DISPUTES - AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (JUN 2020) DLAD

(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the 

parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort 

when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute. 

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation 

rejecting ADR must be signed by an official authorized to bind the Contractor (see Federal Acquisition Regulation (FAR) clause 52.233-1), or, 

for the Agency, by the Contracting Officer, and approved at a level above the Contracting Officer after consultation with the ADR Specialist and 

with legal. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the Contracting Officer before 

determining ADR to be inappropriate. 

(c) The offeror should check here to opt out of this clause: 

[ ] Alternate wording may be negotiated with the contracting officer. 

 

52.242-5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (JAN 2017) FAR

 

52.243-1 CHANGES - FIXED PRICE (AUG 1987) FAR

 

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) DFARS

 

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

**** 

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

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

the Contractor: 

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

and belief. 

_____________________________________________ 

(Official's Name) 

_____________________________________________ 

(Title)

 

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

(a) Definitions. As used in this clause. 

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

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

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

“data.” 

(b) Contractor's obligations. 

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

concerning the conclusiveness thereof, the Contractor warrants that for for 6 Months following delivery [Contracting Officer shall state 

specific period of time after delivery, or the specified event whose occurrence will terminate the warranty period; e.g., the number of miles or 

hours of use, or combinations of any applicable events or periods of time]. 

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

this contract; and 

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

with the requirements of this contract. 

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

borne by the Contractor. However, the Contractor's liability for the transportation charges shall not exceed an amount equal to the cost of 
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transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor's 

plant, and return. 

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

the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in 

paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies. 

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

(c) Remedies available to the Government. 

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

months after final contract delivery [Contracting Officer shall insert specific period of time; e.g., “45 days of the last delivery under this 

contract,” or “45 days after discovery of the defect”]. 

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

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

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

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

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

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

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

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

supplies on which warranty action is proposed; 

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

though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably 

representative of the quantity on which warranty action is proposed; and 

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

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

Contracting Officer may exercise one or more of the following options: 

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

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

supplies to the Contractor for correction or replacement. 

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

States and to correct or replace all nonconforming supplies. 

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

point of acceptance) for screening and correction or replacement. 

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

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

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

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

them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure 

within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from 

the Contracting Officer specifying such failure. 

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

contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the 

nonconforming supplies for the Contractor's account in a reasonable manner. The Government is entitled to reimbursement from the 

Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming 

supplies, as well as for excess costs incurred or to be incurred. 

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

Government by any other clause of this contract. 

(End of clause)

 

52.246-23 LIMITATION OF LIABILITY (FEB 1997) FAR

 

52.247-60 GUARANTEED SHIPPING CHARACTERISTICS (JAN 2017) FAR

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

This information will be used to determine transportation costs for evaluation purposes. If the offeror does not furnish sufficient data in 
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paragraph (a)(1) of this clause, to permit determination by the Government of the item shipping costs, evaluation will be based on the shipping 

characteristics submitted by the offeror whose offer produces the highest transportation costs or in the absence thereof, by the Contracting 

Officer's best estimate of the actual transportation costs. If the item shipping costs, based on the actual shipping characteristics, exceed the 

item shipping costs used for evaluation purposes, the Contractor agrees that the contract price shall be reduced by an amount equal to the 

difference between the transportation costs actually incurred, and the costs which would have been incurred if the evaluated shipping 

characteristics had been accurate. 

(1) To be completed by the offeror: 

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

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

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

(iv) Number of items per container each; 

(v) Gross weight of container and contents Lbs; 

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

(vii) Number of containers per pallet/skid ; 

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

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

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

(A) Size of railcar 

(B) Type of railcar 

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

(A) Size of trailer Ft 

(B) Type of trailer 

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

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

(i) Rate used in evaluation ; 

(ii) Tender/Tariff ; 

(iii) Item . 

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

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

and establishing any liability of the successful offeror for increased transportation costs resulting from actual shipping characteristics which 

differ from those used for evaluation in accordance with paragraph (a) of this clause. 

(End of clause)

 

52.247-63 PREFERENCE FOR U.S. - FLAG AIR CARRIERS (JUN 2003) FAR

 

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

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

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

assembly by the Contractor or any subcontractor. 

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

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

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

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

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

the prime contract. 

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

of transportation by sea. 

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

DoD contract number or a military destination. 

(ii) “Supplies” includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every 
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SECTION I - CONTRACT CLAUSES (CONTINUED)

character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores 

of all kinds; end items; construction materials; and components of the foregoing. 

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

status under the laws of the United States. 

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

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

(i) This contract is a construction contract; or 

(ii) The supplies being transported are -- 

(A) Noncommercial items; or 

(B) Commercial items that -- 

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

items that it subcontracts for f.o.b. destination shipment); 

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

peacekeeping operations; or 

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

2643. 

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

available U.S.-flag vessels, if the Contractor or a subcontractor believes that -- 

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

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

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

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

sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as 

expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a 

compensable delay under this or any other clause of this contract. Requests shall contain at a minimum -- 

(1) Type, weight, and cube of cargo; 

(2) Required shipping date; 

(3) Special handling and discharge requirements; 

(4) Loading and discharge points; 

(5) Name of shipper and consignee; 

(6) Prime contract number; and 

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

numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will 

be sufficient for this purpose. 

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

Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of 

the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information: 

(1) Prime contract number; 

(2) Name of vessel; 

(3) Vessel flag of registry; 

(4) Date of loading; 

(5) Port of loading; 

(6) Port of final discharge; 

(7) Description of commodity; 

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

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

(10) Name of steamship company. 

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

representation that to the best of its knowledge and belief -- 

(1) No ocean transportation was used in the performance of this contract; 
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(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract; 

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

transportation; or 

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

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

* ITEM DESCRIPTION CONTRACT LINE 

 ITEMS QUANTITY

TOTAL

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

Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In 

the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to 

equitably adjust the contract, based on the unauthorized use. 

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

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

sea, the Contractor shall -- 

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

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

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

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

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

acquisition threshold in part 2 of the Federal Acquisition Regulation. 

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

are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation. 

(End of clause)

 

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

 

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

 

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) FAR

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the 

Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): 

FAR: https://www.acquisition.gov/?q=browsefar

DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

 (End of clause)

 

52.253-1 COMPUTER GENERATED FORMS (JAN 1991) FAR

 

252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES - REPRESENTATION (DEC 2019) DFARS

(a) Definitions. As used in this provision, “covered defense telecommunications equipment or services” has the meaning provided in the 

clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services. 

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for 

entities excluded from receiving federal awards for “covered defense telecommunications equipment or services”. 

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense telecommunications equipment or services 

as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. 

(End of provision)

 

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

(DEC 2019) DFARS
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252.225-7048 EXPORT CONTROLLED ITEMS (JUN 2013) DFARS

 

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

EQUIPMENT (AUG 2020) FAR

 

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (DEC 2019) FAR

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. 

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for 

entities excluded from receiving federal awards for “covered telecommunications equipment or services”. 

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part 

of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. 

(End of provision)

 

I-2 Production Facility Changes 

 

Any change in the production facility initially stated in the contract must be approved by the Contracting Officer. 

Written requests for a change in production facilities must be submitted in writing to the Contracting Officer. 

Changes in production facilities may be approved provided: 

 

(1) Performance by small business or in labor surplus areas as required by the contract will not be changed; 

(2) The change will not cause a delay in delivery or necessitate a change in the purchase description; 

(3) The freight on board (f.o.b.) point is not changed; and

(4) Each request is supported by a price reduction of $250.00 to cover the Government's administrative costs to 

process the change. 

The Government reserves the right to deny approval even if these four elements are met. 

I-3 Food Defense 

 

Refer to Section E for Food Defense requirements. 

 

I-4 Integrated Pest Management Plan 

Integrated Pest Management (IPM) Program Requirements for Operational Rations 

Applicable to all Operational Rations Facilities 

15 November 2017 

I. Scope and Applicability: 

A. All contractors and/or subcontractors who manufacture, repackage, store, assemble, or ship Government 

Furnished Material (GFM) and/or Contractor Furnished Material (CFM) used in the production and/or assembly 

of operational rations are required to have an integrated pest management program in place. The IPM program 

implemented needs to adequately protect products from infestation and/or contamination by insects (or other 
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arthropods), rodents, birds, or other animals. Contractors/ subcontractors supplying other than subsistence items 

for the Operational Rations programs are exempt from this requirement. However, suppliers of nonfood items 

must adhere to Good Manufacturing Practices to avoid the introduction of filth and/or pests into associated food 

manufacturing and assembly facilities.

 

B. The IPM program implemented shall comply with the Federal Food, Drug and Cosmetic Act; the 

Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) as amended; and any regulations 

promulgated there under.

 

C. SECTION RESERVED 

 

D. Contractors and/or subcontractors of products with Higher Level Quality Requirements (documented Quality 

Systems Plan required) must submit the following to DLA Troop Support-FTS as part of their Quality System 

Plan:

1. A statement on whether service is in-house or provided by an external provider. If the service provider is 

external, submit the name of the company/provider. Additionally, a copy of the current pesticide applicator 

certificate/license shall be submitted for either in-house or external service providers.

2. A map of the facility indicating the location of pest management devices (pheromone traps, rodent control 

devices, etc.). If more than one facility is used (i.e. storage of ingredients or finished goods), a map for each 

facility is required.

3. A statement identifying the normal frequency (weekly, bi-weekly, etc.) of inspecting pest management 

devices by company personnel and/or contracted service, as applicable.

4. If pesticides are stored on site, how are they controlled (who has access, is the inventory monitored, etc.)?

 

E. The IPM program shall be in existence prior to contract award. The program shall also be fully 

implemented prior to initial receipt, production, storage, assembly, or shipment of Operational Ration 

components, end items, or final assemblies. The Contracting Officer may take whatever action is 

deemed necessary to ensure full compliance with any and all aspects of the IPM program. The 

Government reserves the right to inspect the premises and associated products and materials and to 

reject those products and/or materials evidencing pest infestation/contamination or determined to be 

produced or held under unsanitary conditions.

 

II. Integrated Pest Management (IPM) Program Concepts 

 
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A. IPM may be defined as "the use of all appropriate technological and management techniques to bring about an 

effective degree of pest prevention and suppression in a cost-effective, environmentally sound manner". 

Accordingly, the goal of IPM is to minimize the adverse environmental impact of pesticides while achieving an 

acceptable level of control and cost effectiveness. The single most important aspect of IPM in the food 

processing and storage industry is SANITATION.

B. Basic IPM Program Elements 

1. Sanitation, housekeeping, and good manufacturing practices. 

2. Continuous product and facility inspections to include a pest surveillance program, utilizing 

pheromone surveillance technology. 

3. Proper facility design, maintenance, and physical pest exclusion. 

4. Proper stock handling and warehousing techniques. 

5. Appropriate use of mechanical pest control techniques and trapping strategies. 

6. Proper selection and application of pesticides, using those of least toxicity where feasible. 

 

III. IPM Program Required Elements 

 

This section contains required elements of the IPM program for Operational Rations, and should be addressed in 

the program implemented. All program elements should be addressed. Requests for waivers and/or modifications 

to any of the elements contained in the IPM program must be submitted in writing to DLA Troop Support- FTSB 

thru the Contracting Officer for consideration. 

 

A. Sanitation, Housekeeping, and Good Manufacturing Practices

1. At least one (1) week prior to the initiation of any associated contract operation, all portions of the subject 

facility shall be rendered sanitary and pest free. A comparable level of sanitation shall be achieved in all 

adjacent facility areas, even if not directly associated with Government contract operations. 

2. Any equipment not required in the handling or processing of food or non-food items, and which is not a part 

of the required production/assembly process, shall be clean and properly maintained to preclude pest 

infestation/harborage. 

3. Spilled food or ingredients, residue from damaged product, waste packaging or packing materials, and all 

other debris shall be cleaned up and properly disposed of by the end of each workday. Infested residue or 

debris shall be disposed of immediately. Waste receptacles shall be kept covered at all times. 

4. Inbound conveyances shall be inspected to determine that they have arrived in a sanitary and pest free 

condition. Evidence of conveyance infestation shall be immediately reported to DLA Troop Support. 

Outbound conveyances shall be inspected and rendered sanitary and pest free before loading. 

5. Damaged product shall not be placed in the general storage area. Damaged product discovered in the general 
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storage area shall be removed to a designated rework/salvage area. The rework/salvage area shall be 

maintained in a highly sanitary and pest free condition at all times. Damaged product, which cannot be 

salvaged, shall be expeditiously disposed of with the approval of the Contracting Officer when required. 

6. Ingredient mixing/batching rooms/areas shall receive detailed attention to sanitation requirements. Product 

residues associated with such operations shall not be allowed to accumulate. 

7. The facility grounds shall be maintained in a neat and orderly manner, free of trash, debris, and 

accumulations of excess materials and equipment, which may provide harborage for insect and rodent 

pests. Dumpsters shall be kept covered at all times. 

B. Product/Facility Inspections and Pest Surveillance

1. All incoming products and materials, including packaging and packing materials shall be inspected upon 

receipt for evidence of pest infestation/contamination. Pallets should be clean and free of debris. Special 

attention should be given to the receipt of raw ingredients and spices, as these items are highly susceptible to 

infestation.

2. Daily facility walk-through sanitary inspections should be conducted in order to identify damaged product, 

infested/contaminated materials, facility maintenance needs, and to evaluate the overall effectiveness of 

sanitation and pest management programs.

NOTE: The procedures in the following paragraph 3 must be fully implemented within thirty (30) days 

of contract award for solicitations containing this IPM program. 

 

3. Insect surveillance shall be accomplished by means of pheromone trapping, utilizing specific or 

combination pheromone traps to provide surveillance for the major stored product pest species commonly 

infesting processed foods and ingredient items. NOTE: If Pheromone traps are not utilized, the rationale 

for non-use should be clearly indicated in the plan.

a. Pheromone traps shall be located at appropriate intervals throughout all ingredient and food component 

storage areas to provide for early detection of stored product insect activity. Pheromone lures shall be 

periodically changed in accordance with the manufacture's recommendations. Damaged and/or dirty 

traps shall be changed when necessary.

b. Trap monitoring should be accomplished jointly by contractor and pest control subcontractor personnel 

when an external service provider is used. The in-plant Government Quality Assurance Representative 

(GQAR) shall have access to the monitoring records. Reports of activity over an extended period 

without action being taken shall be reported to the Contracting officer and DLA Troop Support-FTS. A 

written corrective and preventive action plan from the contractor shall be requested if the problem 

persists. If insect activity is observed within contractor facilities by the GQAR during the course of 

contract operations, exclusive of pheromone traps and electrocution devices, the GQAR shall 

immediately, verbally, notify the contractor and confirm this in writing. A copy of the written report 

shall simultaneously e-mailed to the Contracting Officer and DLA Troop Support-FTS. The contractor 

shall take immediate action and submit a written corrective plan (including specimen identification by 

the Contractor's Pest Management Company or Qualified Pest Management personnel) within 5-
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working days to the Contracting Officer and DLA Troop Support-FTS.

 

C. Facility Design, Maintenance, and Pest Exclusion

1. Roofs and walls shall be maintained in a good state of repair to prevent leaks and accumulations of standing 

water. 

2. All holes or gaps in interior and exterior walls shall be sealed as necessary on a continual basis. 

3. All exterior openings, including windows, air exchangers (unless fitted with operable louvers), vents, and 

doors which may remain open, shall be properly screened. 

4. All door entrances shall be self-closing and constructed of rodent-proof material in such a manner to preclude 

rodent entry when closed. Cargo or dock doors shall be equipped either with inflatable/adjustable boots, 

full-length vinyl strips, and/or properly functioning air curtains. Cargo doors left open for ventilation shall 

be fitted with framed screen inserts to prevent insect entry. 

5. Cleaning and caulking/sealing of facility floor and wall cracks/joints should be attended to as necessary 

on a continuing basis. 

D. Stock Handling and Warehousing Techniques

1. Infestible food components and ingredients shall be stored a minimum of 18 inches away from all walls and 

partitions. Inspection aisles of not less than 18 inches shall be maintained between each two (2) rows or stacks 

of subject product. Pallet rack systems are acceptable as long as all product is readily accessible for inspection. 

Infestible ingredient items, when stored in rack systems, shall be located at the lowest levels and consolidated 

for ease of monitoring and surveillance.

2. Two or more infestible components shall not be located on a single pallet.

 

3. Proper stock handling practices, designed to minimize product damage, shall be enforced throughout the 

course of contract operations.

 

4. Commercial ingredient items of an infestible nature shall be stored separately from ingredient items used 

in the Government contract operation. Remaining commercial components and end items shall be 

segregated to the maximum extent possible, given the physical constraints of the storage facility.

 

E. Mechanical Control and Trapping Strategies

1. Mechanical rodent control devices and/or traps may be utilized in any area of the food processing and storage 

facility as long as they do not interfere with normal production operations. These devices are used in lieu of 

bait stations containing rodenticides. If food type bait materials are used in conjunction with traps, they 

should be monitored for potential insect infestation. A map or layout of all facilities showing the existing or 

intended locations of mechanical rodent control devices shall be included. 
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2. Rodent glue boards may be utilized as required for control and also as a means of rodent surveillance.

3. Reliance on magnetic or sonic repelling devices for insect, rodent, and/or bird control is not recommended.

4. Properly approved and installed insect electrocution devices may be utilized in all areas of the facility at the 

discretion of the contractor. Electrocution devices shall be maintained in a clean and sanitary manner and 

positioned so as not to contaminate food products or food contact surfaces. 

F. Pesticide Selection and Application

1. Applicator and Pesticide Documentation

a. The application of pesticides, categorized as "Restricted Use" by the Environmental Protection Agency 

(EPA), shall only be performed by properly trained and certified pesticide applicators. Legible copies of 

valid State applicator licenses/ certifications for in-house (contractor) personnel applying "Restricted Use" 

pesticides on the premises shall be provided. Legible copies of product labels for any "Restricted Use" 

pesticide proposed for use shall be available for on-site review and/or provided upon written request from 

the Contracting Officer. 

b. The application of "General Use" pesticides may be performed by trained persons. Individual State 

restrictions may apply to the application of "General Use" pesticides in a commercial food processing and/

or storage facility. The names and qualifications for in-house personnel applying "General Use" pesticides 

on the premises shall be provided, if not commercially certified as above. Legible copies of product labels 

for any "General Use" pesticide proposed for use shall be available for on-site review and/or provided upon 

written request from the Contracting Officer. 

2. The selection, application method, and frequency of application for residual insecticides, flushing agents, 

space treatment chemicals, insect growth regulators, rodenticides, and herbicides shall be left to the 

discretion of the contractor or the pest control subcontractor. Pesticide application and treatment records 

shall be kept for each facility treated and shall be maintained for a minimum of one (1) year. These treatment 

records shall be made available to the Government upon request and shall be reviewed during Quality 

Systems Audits or other visits to the establishment.

NOTE: Residual insecticides applied in processing facilities, which fall under the jurisdiction of the USDA 

Food Safety and Inspection Service (FSIS) - Meat and Poultry Inspection Office (MPIO), shall be applied in 

accordance with MPI directives and with the approval of the GQAR in Charge.

NOTE: In no case shall product, pouches/pouch material, meal bags/material, lids, cans, accessory bags, 

or unassembled component items be exposed during pesticide applications.

3. Facility exterior perimeter rodent bait stations, containing an EPA approved rodenticide, are required. Bait 

stations shall be of the tamper proof type and secured for safety. The locations of the exterior bait stations 

shall be indicated on the facility maps or layouts. Rodenticides shall not be used in processing, assembly, or 

storage areas.

4. If a requirement exists for the use of toxic rodent tracking powders, a DLA Troop Support entomologist shall 

first be notified and approval granted for such use. Nontoxic tracking powders may be utilized at the 
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discretion of the pest control service person.

5. A fumigation capability must be available in the event either product or facility fumigation becomes 

necessary. If fumigation is necessary, DLA Troop Support may request the source of the capability and a 

copy of the subject certification be provided.

NOTE: Retorted and pouch sealed components, as well as final assembled rations, shall not be fumigated 

unless authorized by the Contracting Officer (and as recommended by the DLA Troop Support Food 

Safety Office or DLA Troop Support-FTS). 

IV. Required Notifications 

Intended changes, additions, deletions, or other proposed modifications to an IPM program which impacts 

products intended for Government use shall be submitted to the Contracting Officer for evaluation by a DLA 

Troop Support-FTS before implementation. 

The Contracting Officer shall be immediately informed of any infestations found in product, packaging supplies, or 

within the facilities themselves. Immediate telephonic and/or e-mail notification to the Contracting Officer and DLA 

Troop Support-FTS Entomologist is required by the contractor and/or the GQAR as applicable. 

The GQAR and/or DLA Troop Support-FTS will inform contractors of unfavorable pest situations, as they are 

determined or observed during daily sanitary inspections or during audits. The contractor is required to submit 

a corrective and preventive action plan describing what actions are being taken to correct the unfavorable 

situation. 

 

I-5 Quality Systems Plan (QSP) 

Refer to Section E for detailed requirements for a QSP. 

 

I-6 Surge and Sustainment Plan

 

For information regarding Surge and Sustainment plans, please refer to the following provisions: 

 

1. Section C, C06 Surge and Sustainment (S&S) Requirements (FEB 2017). 

 

2. Section L, L21 Surge and Sustainment (S&S) - Capability Assessment Plan (CAP) - DLA Troop 

Support -Subsistence (FEB 2017).

 

3. Section M, M07 Surge and Sustainment (S&S) Evaluation (FEB 2017)

 

Note: The successful awardee(s) will be required to maintain an acceptable Food Defense Plan, Integrated Pest 
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Management Plan, QSP and Surge and Sustainment Plan throughout the life of the contract. All plans must be 

submitted with initial offers. The awardee(s) must have all requirements listed above approved by the contracting 

officer prior to contract award.

 

 

 

 

 

 

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS

252.203-7994 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY 

AGREEMENTS—REPRESENTATION (NOV 2016) DFARS

 

52.204-3 TAXPAYER IDENTIFICATION (OCT 1998) FAR

As prescribed in 4.905, insert the following provision: 

 (a) Definitions. 

“Common parent,” as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its 

Federal income tax returns on a consolidated basis, and of which the offeror is a member. 

“Taxpayer Identification Number (TIN),” as used in this provision, means the number required by the Internal Revenue Service (IRS) to be 

used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification 

Number. 

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection 

requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations 

issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 

4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the 

contract. 

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the 

Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN 

provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. 

(d) Taxpayer Identification Number (TIN). 

[ ] TIN: _. 

[ ] TIN has been applied for. 

[ ] TIN is not required because: 

[ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the 

conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United 

States; 

[ ] Offeror is an agency or instrumentality of a foreign government; 

[ ] Offeror is an agency or instrumentality of the Federal Government. 

(e) Type of organization. 

[ ] Sole proprietorship; 

[ ] Partnership; 

[ ] Corporate entity (not tax-exempt); 

[ ] Corporate entity (tax-exempt); 
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[ ] Government entity (Federal, State, or local); 

[ ] Foreign government; 

[ ] International organization per 26 CFR 1.6049-4; 

[ ] Other . 

(f) Common parent. 

[ ] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision. 

[ ] Name and TIN of common parent: 

Name 

TIN 

(End of provision)

 

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020) FAR

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is Multiple Codes - See Section B-2 [insert NAICS 

code]. 

(2) The small business size standard is Multiple Codes - See Section B-2 [insert size standard]. 

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, 

but which proposes to furnish a product which it did not itself manufacture, is 500 employees. 

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies. 

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management 

(SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph 

(d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall 

indicate which option applies by checking one of the following boxes: 

 (i) Paragraph (d) applies.

 (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated: 

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixedprice contract with economic price adjustment is contemplated, unless -- 

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13; 

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or 

(C) The solicitation is for utility services for which rates are set by law or regulation. 

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to 

solicitations expected to exceed $150,000. 

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or StatementsRepresentation. This provision applies to all solicitations. 

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award 

Management. 

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that -- 

(A) Are not set aside for small business concerns; 

(B) Exceed the simplified acquisition threshold; and 

(C) Are for contracts that will be performed in the United States or its outlying areas. 

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations. 

(viI) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations --Representation. 

(viiI) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to 
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exceed the simplified acquisition threshold. 

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This 

provision applies to all solicitations. 

(x) 52.214-14, Place of Performance --Sealed Bidding. This provision applies to invitations for bids except those in which the place of 

performance is specified by the Government. 

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government. 

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract 

will be performed in the United States or its outlying areas. 

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard. 

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard. 

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code 

assigned. 

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed 

in the United States or its outlying areas. 

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, 

Equal Opportunity. 

(xv) 52.222-25, Affirmative Action Compliance.This provision applies to solicitations, other than those for construction, when the solicitation 

includes the clause at 52.222-26, Equal Opportunity. 

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is 

anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items. 

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA -

designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction 

Contracts. 

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA -designated 

items. 

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals -Representation. This provision applies to solicitation 

that include the clause at 52.204-7. 

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1. 

(xxi) 52.225-4, Buy American --Free Trade Agreements --Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies 

to solicitations containing the clause at 52.225-3. 

(A) If the acquisition value is less than $25,000, the basic provision applies. 

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies. 

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies. 

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies. 

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5. 

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan --Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and 

Certifications. This provision applies to all solicitations. 

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for 

research, studies, supplies, or services of the type normally acquired from higher educational institutions. 

(2) The following representations or certifications are applicable as indicated by the Contracting Officer: 

[Contracting Officer check as appropriate.] 

X (i) 52.204-17, Ownership or Control of Offeror. 

X (ii) 52.204-20, Predecessor of Offeror. 
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 (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products. 

 (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of 

Certain Equipment- Certification. 

 (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification. 

 (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA -Designated Products (Alternate I only). 

 (vii) 52.227-6, Royalty Information. 

 (A) Basic.

 (B) Alternate I.

 (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software. 

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.

acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and 

certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or 

updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard 

applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see 

FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These 

amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of 

this offer. 

FAR Clause # Title Date Change 

 

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and 

certifications posted on SAM. 

(End of provision)

 

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020) FAR

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

Commercial and Government Entity (CAGE) code means -- 

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial 

and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or 

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency 

(NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch 

records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. 

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. 

(b) The Offeror represents that it [ ] has or [ _] does not have an immediate owner. If the Offeror has more than one immediate owner (such as 

a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint 

venture. 

(c) If the Offeror indicates “has” in paragraph (b) of this provision, enter the following information: 

Immediate owner CAGE code: 

Immediate owner legal name: 

(Do not use a “doing business as” name) 

Is the immediate owner owned or controlled by another entity?: [ _] Yes or [ ] No. 

(d) If the Offeror indicates “yes” in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, 

then enter the following information: 

Highest-level owner CAGE code: 

Highest-level owner legal name: 
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(Do not use a “doing business as” name) 

(End of provision)

 

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2020) DFARS

 Substitute the following paragraphs (b), d) and (e) for paragraph (b) and (d) of the provision at FAR 52.204-8: 

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (e) of this provision applies. 

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration 

in the System for Award Management (SAM), the Offeror may choose to use paragraph (e) of this provision instead of completing the 

corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking 

one of the following boxes: 

(i) [ ] Paragraph (e) applies. 

(ii) [ ] Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation. 

 

(d)(1) The following representations or certifications in the System for Award Management (SAM) database are applicable to this solicitation 

as indicated: 

(i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus --Representation. Applies to all solicitations with 

institutions of higher education. 

(ii) 252.216-7008, Economic Price Adjustment --Wage Rates or Material Prices Controlled by a Foreign Government. Applies to 

solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a 

foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages 

or prices of materials. 

(iii) 252.222-7007, Representation Regarding Combating Trafficking in Persons, as prescribed in 222.1771. Applies to solicitations with 

a value expected to exceed the simplified acquisition threshold. 

 iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country. 

(v) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services --Representations. Applies to solicitations 

for the acquisition of commercial satellite services. 

(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to 

all solicitations expected to result in contracts of $150,000 or more. 

(vii) 252.229-7012, Tax Exemptions (Italy) --Representation. Applies to solicitations and contracts when contract performance will be in 

Italy. 

(viii) 252.229-7013, Tax Exemptions (Spain) --Representation. Applies to solicitations and contracts when contract performance will be 

in Spain. 

(ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of 

ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold. 

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: 

[Contracting Officer check as appropriate.]

[ X ] (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government. 

[ X ] ii) 252.225-7000, Buy American --Balance of Payments Program Certificate. 

[ X ] (iii) 252.225-7020, Trade Agreements Certificate. 

[ ] Use with Alternate I.

[ X ] (iv) 252.225-7031, Secondary Arab Boycott of Israel. 

[ X] (v) 252.225-7035, Buy American --Free Trade Agreements --Balance of Payments Program Certificate. 

[ ] Use with Alternate I.

[ ] Use with Alternate II.

[ ] Use with Alternate III.

[ ] Use with Alternate IV.

[ ] Use with Alternate V.

[ ](vi) 252.226-7002, Representation for Demonstration Project for Contractors Employing Persons with Disabilities.

(e) The offeror has completed the annual representations and certifications electronically via the SAM website at https://www.acquisition.gov/. 

After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications 

currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been 
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entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size 

standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by 

reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by provision number, title, 

date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of 

the date of this offer. 

FAR/DFARS Provision # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in 

the SAM database. 

(End of provision)

 

52.207-4 ECONOMIC PURCHASE QUANTITY - SUPPLIES (AUG 1987) FAR

As prescribed in 7.203, insert the following provision: 

(a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or quotes are requested in this 

solicitation is (are) economically advantageous to the Government. 

 

(b) Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an economic 

purchase quantity. If different quantities are recommended, a total and a unit price must be quoted for applicable items. An economic purchase 

quantity is that quantity at which a a significant price break occurs. If there are significant price breaks at different quantity points, this 

information is desired as well. 

OFFEROR RECOMMENDATIONS

ITEM QUANTITY PRICE QUOTATION TOTAL

(c) The information requested in this provision is being solicited to avoid acquisitions in disadvantageous quantities and to assist the 

Government in developing a data base for future acquisitions of these items. However, the Government reserves the right to amend or cancel 

the solicitation and resolicit with respect to any individual item in the event quotations received and the Government's requirements indicate 

that different quantities should be acquired. 

(End of provision)

 

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) FAR

(a) Definitions. As used in this provision - 

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., 

Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services 

Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with 

performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or 

inspection of deliverables. 

“Federal contracts and grants with total value greater than $10,000,000” means - 

(1) The total value of all current, active contracts and grants, including all priced options; and 

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements 

contracts (including task and delivery and multiple-award Schedules). 

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business 

entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). 

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. 

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has 

entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of 

submission of this offer with regard to the following information: 

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by 

the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following 

dispositions: 

(i) In a criminal proceeding, a conviction. 

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or 
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damages of $5,000 or more. 

(iii) In an administrative proceeding, a finding of fault and liability that results in - 

(A) The payment of a monetary fine or penalty of $5,000 or more; or 

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000. 

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by 

the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. 

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has 

provided the requested information with regard to each occurrence. 

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an 

active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7). 

(End of provision) 

 

 

252.209-7002 DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (JUN 2010) DFARS

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

(1) “Effectively owned or controlled” means that a foreign government or any entity controlled by a foreign government has the power, 

either directly or indirectly, whether exercised or exercisable, to control the election, appointment, or tenure of the Offeror's officers or a 

majority of the Offeror's board of directors by any means, e.g., ownership, contract, or operation of law (or equivalent power for 

unincorporated organizations). 

(2) “Entity controlled by a foreign government” -- 

(i) Means -- 

(A) Any domestic or foreign organization or corporation that is effectively owned or controlled by a foreign government; or 

(B) Any individual acting on behalf of a foreign government. 

(ii) Does not include an organization or corporation that is owned, but is not controlled, either directly or indirectly, by a foreign 

government if the ownership of that organization or corporation by that foreign government was effective before October 23, 1992. 

(3) “Foreign government” includes the state and the government of any country (other than the United States and its outlying areas) as well 

as any political subdivision, agency, or instrumentality thereof. 

(4) “Proscribed information” means -- 

(i) Top Secret information; 

(ii) Communications security (COMSEC) material, excluding controlled cryptographic items when unkeyed or utilized with unclassified 

keys; 

(iii) Restricted Data as defined in the U.S. Atomic Energy Act of 1954, as amended; 

(iv) Special Access Program (SAP) information; or 

(v) Sensitive Compartmented Information (SCI). 

(b) Prohibition on award. No contract under a national security program may be awarded to an entity controlled by a foreign government if 

that entity requires access to proscribed information to perform the contract, unless the Secretary of Defense or a designee has waived 

application of 10 U.S.C. 2536(a). 

(c) Disclosure. The Offeror shall disclose any interest a foreign government has in the Offeror when that interest constitutes control by a 

foreign government as defined in this provision. If the Offeror is a subsidiary, it shall also disclose any reportable interest a foreign government 

has in any entity that owns or controls the subsidiary, including reportable interest concerning the Offeror's immediate parent, intermediate 

parents, and the ultimate parent. Use separate paper as needed, and provide the information in the following format: 

Offeror's Point of Contact for Questions about Disclosure 

(Name and Phone Number with Country Code, City Code and Area Code, as applicable) 

Name and Address of Offeror 

Name and Address of Entity Controlled by a Foreign Government 

Description of Interest, Ownership Percentage, and Identification of Foreign Government 

(End of provision)

 
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252.209-7003 RESERVE OFFICER TRAINING CORPS AND MILITARY RECRUITING ON CAMPUS—REPRESENTATION (MAR 2012) 

DFARS

 

252.209-7993 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY 

CONVICTION UNDER ANY FEDERAL LAW – FISCAL YEAR 2014 APPROPRIATIONS (FEB 2014) DFARS

(a) In accordance with sections 8113 and 8114 of the Department of Defense Appropriations Act, 2014, and sections 414 and 415 of the 

Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2014 (Public Law 113-76, Divisions C and J), none of the 

funds made available by those divisions (including Military Construction funds) may be used to enter into a contract with any corporation that -- 

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or 

have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax 

liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the 

corporation and made a determination that this further action is not necessary to protect the interests of the Government; or 

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is 

aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this 

action is not necessary to protect the interests of the Government. 

(b) The Offeror represents that -- 

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative 

remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority 

responsible for collecting the tax liability, 

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. 

(End of provision)

 

252.209-7995 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY 

CONVICTION UNDER ANY FEDERAL LAW- FISCALYEAR 2013 APPROPRIATIONS (DEVIATION 2013-O0006) (APR 2013) (DFARS)

(a) In accordance with sections 8112 and 8113 of Division C and sections 514 and 515 of Division E of the Consolidated and Further 

Continuing Appropriations Act, 2013,(Pub. L. 113-6), none of the funds made available by that Act for DoD (including Military Construction 

funds) may be used to enter into a contract with any corporation that -- 

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or 

have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax 

liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the 

corporation and made a determination that this further action is not necessary to protect the interests of the Government; or 

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware 

of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action 

is not necessary to protect the interests of the Government. 

(b) The Offeror represents that -- 

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative 

remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority 

responsible for collecting the tax liability, 

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. 

(End of provision)

 

252.209-7998 REPRESENTATION REGARDING CONVICTION OF A FELONY CRIMINAL VIOLATION UNDER ANY FEDERAL OR 

STATE LAW (DEVIATION 2012-O0007) (MAR 2012)

(a) In accordance with section 514 of Division H of the Consolidated Appropriations Act, 2012, none of the funds made available by that Act 

may be used to enter into a contract with any corporation that was convicted of a felony criminal violation under any Federal or State law within 

the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment 

of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. 

(b) The Offeror represents that it is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal or State law 

within the preceding 24 months. 

(End of provision)

 

252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY 

CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-O0004) (JAN 2012)

(a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012,(Pub. L. 112-74) none of the funds 
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made available by that Act may be used to enter into a contract with any corporation that- 

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or 

have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax 

liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the 

corporation and made a determination that this further action is not necessary to protect the interests of the Government. 

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware 

of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action 

is not necessary to protect the interests of the Government. 

(b) The Offeror represents that- 

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative 

remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority 

responsible for collecting the tax liability, 

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. 

(End of provision)

 

52.225-18 PLACE OF MANUFACTURE (AUG 2018) FAR

As prescribed in 25.1101(f), insert the following solicitation provision: 

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

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except -- 

(1) FSC 5510, Lumber and Related Basic Wood Materials; 

(2) Federal Supply Group (FSG) 87, Agricultural Supplies; 

(3) FSG 88, Live Animals; 

(4) FSG 89, Food and Related Consumables; 

(5) FSC 9410, Crude Grades of Plant Materials; 

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; 

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; 

(8) FSC 9610, Ores; 

(9) FSC 9620, Minerals, Natural and Synthetic; and 

(10) FSC 9630, Additive Metal Materials. 

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw 

materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of 

reassembly is not the place of manufacture. 

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in 

response to this solicitation is predominantly -- 

(1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds 

the total anticipated price of offered end products manufactured outside the United States); or 

(2) [ ] Outside the United States. 

(End of provision)

 

252.225-7000 BUY AMERICAN STATUTE - BALANCE OF PAYMENTS PROGRAM CERTIFICATE (NOV 2014) DFARS

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “foreign end product,” “qualifying 

country,” “qualifying country end product,” and “United States,” as used in this provision, have the meanings given in the Buy American and 

Balance of Payments Program --Basic clause of this solicitation. 

(b) Evaluation. The Government -- 

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation 

Supplement; and 

(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American statute or the Balance of 

Payments Program. 

(c) Certifications and identification of country of origin.

(1) For all line items subject to the Buy American and Balance of Payments Program --Basic clause of this solicitation, the offeror certifies 
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that -- 

(i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product; and 

(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or 

manufactured outside the United States or a qualifying country. 

(2) The offeror certifies that the following end products are qualifying country end products: 

Line Item Number Country of Origin 

 

 (3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify 

as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the 

definition of “domestic end product”: 

Line Item Number Country of Origin (If known) 

 

(End of provision) 

 

252.225-7000 BUY AMERICAN STATUTE - BALANCE OF PAYMENTS PROGRAM CERTIFICATE (NOV 2014), ALT I (NOV 2014) 

DFARS

 

252.225-7020 TRADE AGREEMENTS CERTIFICATE--BASIC (NOV 2014) DFARS

(a) Definitions. “Designated country end product,” “nondesignated country end product,” “qualifying country end product,” and “U.S.-made end 

product” as used in this provision have the meanings given in the Trade Agreements --Basic clause of this solicitation. 

(b) Evaluation. The Government -- 

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation 

Supplement; and 

(2) Will consider only offers of end products that are U.S.-made, qualifying country, or designated country end products unless -- 

(i) There are no offers of such end products; 

(ii) The offers of such end products are insufficient to fulfill the Government's requirements; or 

(iii) A national interest waiver has been granted. 

(c) Certification and identification of country of origin.

(1) For all line items subject to the Trade Agreements --Basic clause of this solicitation, the offeror certifies that each end product to be 

delivered under this contract, except those listed in paragraph (c)(2) of this provision, is a U.S.-made, qualifying country, or designated 

country end product. 

(2) The following supplies are other nondesignated country end products:

(Line Item Number) (Country of Origin)

(End of provision)

 

52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (OCT 2020) FAR

Note: This notice does not apply to small businesses or foreign governments. This notice is in three parts, identified by Roman numerals I 

through III. 

Offerors shall examine each part and provide the requested information in order to determine Cost Accounting Standards (CAS) requirements 

applicable to any resultant contract. 

If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to full or modified CAS 

coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively. 

I. Disclosure Statement --Cost Accounting Practices and Certification 

(a) Any contract in excess of the lower CAS threshold specified in Federal Acquisition Regulation (FAR) 30.201-4(b)resulting from this 

solicitation will be subject to the requirements of the Cost Accounting Standards Board (48 CFR Chapter 99), except for those contracts which 

are exempt as specified in 48 CFR 9903.201-1. 

(b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR Chapter 99 must, as a 

condition of contracting, submit a Disclosure Statement as required by 48 CFR 9903.202. When required, the Disclosure Statement must be 

submitted as a part of the offeror's proposal under this solicitation unless the offeror has already submitted a Disclosure Statement disclosing 

the practices used in connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the offeror 
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may satisfy the requirement for submission by providing the information requested in paragraph (c) of Part I of this provision. 

Caution: In the absence of specific regulations or agreement, a practice disclosed in a Disclosure Statement shall not, by virtue of such 

disclosure, be deemed to be a proper, approved, or agreed-to practice for pricing proposals or accumulating and reporting contract 

performance cost data. 

(c) Check the appropriate box below: 

[ ] (1) Certificate of Concurrent Submission of Disclosure Statement. The offeror hereby certifies that, as a part of the offer, copies of the 

Disclosure Statement have been submitted as follows: 

(i) Original and one copy to the cognizant Administrative Contracting Officer (ACO) or cognizant Federal agency official authorized to act in that 

capacity (Federal official), as applicable; and 

(ii) One copy to the cognizant Federal auditor. 

(Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable. Forms may be obtained from the cognizant ACO or Federal 

official and/or from the loose-leaf version of the Federal Acquisition Regulation.) 

Date of Disclosure Statement: 

Name and Address of Cognizant ACO or Federal Official Where Filed: 

The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices 

disclosed in the Disclosure Statement. 

[ ] (2) Certificate of Previously Submitted Disclosure Statement. The offeror hereby certifies that the required Disclosure Statement was filed 

as follows: 

Date of Disclosure Statement: 

Name and Address of Cognizant ACO or Federal Official Where Filed: 

The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices 

disclosed in the applicable Disclosure Statement. 

[ ] (3) Certificate of Monetary Exemption. The offeror hereby certifies that the offeror, together with all divisions, subsidiaries, and affiliates 

under common control, did not receive net awards of negotiated prime contracts and subcontracts subject to CAS totaling $50 million or more 

in the cost accounting period immediately preceding the period in which this proposal was submitted. The offeror further certifies that if such 

status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately. 

[ ] (4) Certificate of Interim Exemption. The offeror hereby certifies that (i) the offeror first exceeded the monetary exemption for disclosure, as 

defined in (3) of this subsection, in the cost accounting period immediately preceding the period in which this offer was submitted and (ii) in 

accordance with 48 CFR 9903.202-1, the offeror is not yet required to submit a Disclosure Statement. The offeror further certifies that if an 

award resulting from this proposal has not been made within 90 days after the end of that period, the offeror will immediately submit a revised 

certificate to the Contracting Officer, in the form specified under paragraph (c)(1) or (c)(2) of Part I of this provision, as appropriate, to verify 

submission of a completed Disclosure Statement. 

Caution: Offerors currently required to disclose because they were awarded a CAS-covered prime contract or subcontract of $50 million 

or more in the current cost accounting period may not claim this exemption (4). Further, the exemption applies only in connection with 

proposals submitted before expiration of the 90-day period following the cost accounting period in which the monetary exemption was 

exceeded. 

II. Cost Accounting Standards --Eligibility for Modified Contract Coverage 

If the offeror is eligible to use the modified provisions of 48 CFR 9903.201-2(b) and elects to do so, the offeror shall indicate by checking the 

box below. Checking the box below shall mean that the resultant contract is subject to the Disclosure and Consistency of Cost Accounting 

Practices clause in lieu of the Cost Accounting Standards clause. 

[ ] The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 48 CFR 9903.201-2(b) 

and certifies that the offeror is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because during the 

cost accounting period immediately preceding the period in which this proposal was submitted, the offeror received less than $50 million 

in awards of CAS-covered prime contracts and subcontracts. The offeror further certifies that if such status changes before an award 

resulting from this proposal, the offeror will advise the Contracting Officer immediately. 

Caution: An offeror may not claim the above eligibility for modified contract coverage if this proposal is expected to result in the award of 

a CAS-covered contract of $50 million or more or if, during its current cost accounting period, the offeror has been awarded a single 

CAS-covered prime contract or subcontract of $50 million or more. 

III. Additional Cost Accounting Standards Applicable to Existing Contracts 

The offeror shall indicate below whether award of the contemplated contract would, in accordance with paragraph (a)(3) of the Cost Accounting 

Standards clause, require a change in established cost accounting practices affecting existing contracts and subcontracts. 

[ ] Yes [ ] No 

(End of provision)

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

EQUIPMENT (AUG 2020) FAR

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ``does not provide 

covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any 

contract, subcontract, or other contractual instrument'' in the provision at 52.204 -26, Covered Telecommunications Equipment or Services --

Representation, or in paragraph (v) of the provision at 52.212 -3, Offeror Representations and Certifications - Commercial Items. 

(a) Definitions. As used in this provisionBackhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, 

and substantial or essential component have the meanings provided in the clause 52.204 -25, Prohibition on Contracting for Certain 

Telecommunications and Video Surveillance Services or Equipment. 

(b) Prohibition. 

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115 -232) prohibits the 

head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or 

obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential 

component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to -- 

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a thirdparty, such as backhaul, roaming, or interconnection arrangements; or 

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or 

packets that such equipment transmits or otherwise handles. 

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115 -232) prohibits the 

head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity 

that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential 

component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications 

equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be 

construed to -- 

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a thirdparty, such as backhaul, roaming, or interconnection arrangements; or 

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or 

packets that such equipment transmits or otherwise handles. 

(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 
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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) 

 

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011) DFARS

 

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2020) FAR

 

52.204-6 UNIQUE ENTITY IDENTIFIER (OCT 2016) FAR

 

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016) DFARS

 

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991) FAR

 

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991) FAR

 

52.215-1 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION (JAN 2017) FAR

 

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

DATA (OCT 2010) FAR

(a) Exceptions from cost or pricing data. 

(1) In lieu of submitting cost or pricing data, offerors may submit a written request for exception by submitting the information described in the 

following paragraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine 

whether an exception should be granted, and whether the price is fair and reasonable. 

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

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

(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the 

same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price 

for this acquisition. Such information may include- 

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

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

price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price 

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

the proposed quantities; 

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

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

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

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

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

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

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

 

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

following applies: 

(1) The offeror shall prepare and submit cost or pricing data and supporting attachments in accordance with Table 15-2 of FAR 15.408. 

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

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

(End of provision) 

 

52.216-1 TYPE OF CONTRACT (APR 1984) FAR

As prescribed in 16.105 , complete and insert the following provision 

The Government contemplates award of a Fixed-Price contract resulting from this solicitation. 

(End of provision)

 

L06 AGENCY PROTESTS (DEC 2016)

 

L06 Agency Protests (DEC 2016) 

 

Interested parties may file an agency level protest with the contracting officer or may request an independent review 

by the chief of the contracting office (CCO). Independent review by the CCO is an alternative to consideration by the 

contracting officer and is not available as an appellate review of a contracting officer decision on a protest previously 

filed with the contracting officer. Absent a clear indication of the intent to file an agency level protest with the CCO 

for independent review, protests will be presumed to be protests to the contracting officer. 

 

L09 Reverse Auction (OCT 2016) 

 

The Contracting Officer may utilize reverse auctioning to conduct price discussions. If the Contracting Officer does 

not conduct a reverse auction, award may be made on initial offers or following discussions. If the Contracting 

Officer decides to use line reverse auctioning to conduct price negotiations, the Contracting Officer will notify 

Offerors of this decision and the following applies: 

 

(1) The contracting officer may use reverse auction as the pricing technique during discussions to receive the final 

offered prices from each offeror. 

 

(2) During each round of reverse auction, the system displays the lowest offer price(s) unless the auction instructions 

are different. All offerors and authorized auction users see the displayed lowest price(s). This disclosure is 

anonymous and a generic identifier displays for the offeror. Generic identifiers include designators such as 

“offer A” or “lowest-priced offeror.” By submitting a proposal in response to the solicitation, offerors agree to 

participate in the reverse auction and that their prices may be disclosed, including to other offerors, during the 

reverse auction. 
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(3) An offeror's final auction price at the close of the reverse auction is considered its final price proposal revision. No 

price revisions will be accepted after the close of the reverse auction, unless the contracting officer decides 

that further discussions are needed and final price proposal revisions are again requested in accordance with 

Federal Acquisition Regulation (FAR) 15.307, or the contracting officer determines that it would be in the best 

interest of the Government to re-open the auction. 

 

(4) The contracting officer identifies participants to the DLA commercial reverse auction service provider. To be 

eligible for award and participate, the offeror must agree with terms and conditions of the entire solicitation 

and the commercial reverse auction service. The reverse auction pricing tool system administrator sends 

auction information in an email. The reverse auction system designates offers as "lead," meaning the current 

low price in that auction, or "not lead," meaning not the current low price in that auction. In the event of a tie 

offer, the reverse auction provider's system designates the first offer of that price as "lead" and the second or 

subsequent offer of that price as "not lead." If a tie offer is submitted and no evaluation factors other than 

price were identified in the solicitation or a low-price technically acceptable source selection is being used, the 

"Not Lead” offeror that submitted the tie offer must offer a changed price; otherwise its offer will be ineligible 

for award. If evaluation factors in addition to price were listed in the solicitation and a tradeoff source 

selection is being used, tie offers that are "Not Lead" will be considered and evaluated. 

 

(5) Offerors unable to enter pricing through the commercial reverse auction service provider's system during a reverse 

auction must notify the contracting officer or designated representative immediately. The contracting officer 

may, at their sole discretion, extend or re-open the reverse auction if the reason for the offeror's inability to 

enter pricing is determined to be without fault on the part of the offeror and outside the offeror's control. 

 

(6) Training. The commercial reverse auction service provider or government representative conducts training for 

offerors. Offerors receive training through written material, the commercial reverse auction service provider's 

website, or other means. Trainers name employees successfully completing the training as a “Trained 

Offeror.” Only trained offerors may engage in a reverse auction. The contracting officer reserves the right to 

remove the “trained offeror” title from anyone who fails to obey the solicitation or commercial reverse auction 

service provider terms and conditions. 

 

L21 Surge and Sustainment (S&S) - Capability Assessment Plan (CAP) - DLA Troop Support - Subsistence 

(FEB 2017) 

 

Offerors must submit the CAP for items identified with surge requirements in Section C of the solicitation. The CAP 

must -- 

 

(1) Outline the offeror's method of addressing the S&S requirements, whether defined as a percentage of annual 

demands or by individual line items. If the S&S quantity or delivery requirements cannot be met, the 

offeror must identify the shortfall and provide the best value solutions to include a proposed strategy to 

offset the shortfall.
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(2) Describe how the offeror will reduce peacetime production lead times by 50% to meet S&S requirements.

 

(3) Provide letters of commitment or other agreements from suppliers and service providers (e.g., additional 

equipment or warehouse space) confirming they can meet S&S requirements.

 

(4) Provide a plan to continue operations from an alternate facility in the event the primary facility is damaged or 

otherwise unable to operate at full capacity.

 

(5) Identify competing priorities for the same resources, and ensure that meeting surge delivery requirements is 

independent of any other contracts or production requirements.

 

(6) Identify the lead time for providing required S&S capability.

(7) If applicable, include an exit strategy describing how to transition and ramp-down S&S assets and any 

Government investment.

 

Note: Annotate the maximum Surge quantity you can provide for each RNC Beverage component item for the listed 

time frames of the spreadsheet below. The quantity listed for each time frame must be unique to that time frame, and 

not cumulative of the previous time frame(s). List the cumulative surge quantity of all time frames under the “Total” 

column. The proposed Surge quantities should be based on the offeror's maximum capacity for each item in schedule 

B in accordance with the timelines cited below. This information should be submitted in the chart below, or 

separately in a same format. This information must be submitted along with the Surge and Sustainment Plan in each 

of the offeror's technical proposals by the closing date of the solicitation in accordance with the requirements cited in 

section L-6 below. 
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L-2 Submission of Offers 

 

DLA Troop Support is utilizing Lowest Price Technically Acceptable (LPTA) source selection award procedures for 

this acquisition. The Government will make an award(s) to the offeror(s) with the proposal that represents the best 

value Offerors must submit a Completed Solicitation in accordance with paragraph L-3; Technical Proposal in 

accordance with paragraph L-4; Business (Price) Proposal in accordance with paragraph L-5; and Additional 

Submission Requirements in accordance with paragraph L-6. Information and all Product Demonstration Models 

(PDMs) must be received no later than the time and date set for closing of offers. It is critical to successful source 

selection that you address each of the informational requirements listed in paragraphs L-3 through L-6 to facilitate the 

Government's proper, thorough, and timely review of your proposal The complete proposals should be specific, 

stating clearly how you will meet all the requirements of the solicitation. Failure to furnish all of the required 

information and PDMs by the time specified in the solicitation may be cause for rejection of the proposal. The 

proposal may be rejected under the late offer clause or may be rejected because additional submissions will be 

tantamount to a submission of a new offer. A cover letter may accompany the proposal to set forth any information 

you wish to bring to the attention of the Government. 

Your proposal must be prepared and submitted in separate parts to the following email Russell Manuel (Russell.J.

Manuel@dla.mil) and Candice Campbell (candice.campbell@dla.mil) or to the following address: 
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ATTN: RUSSELL MANUEL and CANDICE CAMPBELL 

DEFENSE LOGISTICS AGENCY 

DLA TROOP SUPPORT 

POST OFFICE BOX 56667 

PHILADELPHIA, PA 19111-6667 

 

Note: Refer to Section A-1 for additional information. If any part is being submitted via email, only one copy of each 

part should be sent. If physical copies are being delivered to the above address, then the offeror must send the 

appropriate “# of copies” for each part indicated below. 

 

Part Title # of copies 

1 Completed Solicitation 1 

2 Technical Proposal 3 

3 Business (Price) Proposal 3 

4 Additional Submission Requirements 3

 

L-3 Completed Solicitation

Offerors must return all pages of the solicitation with their offer, and fill-in any applicable information requested in 

the solicitation. Offerors are responsible for carefully reviewing the entire solicitation to ensure they submit all 

information required by the solicitation. 

L-4 Technical Proposals 

 

Offerors must submit Initial Product Demonstration Models (PDMs) for each Beverage component they intend to 

submit an offer. A total of 106 PDMs of each Beverage component must be submitted as stated below: 

 

32 PDMs of each Beverage component must be sent to:

 

U.S. Army Research, Development, and Engineering Command 

DEPARTMENT OF THE ARMY 

FCDD-SCC-EMR Attn: Jill Bates 

COMBAT CAPABILITIES COMMAND - SOLDIER CENTER 

10 GENERAL GREENE AVENUE 
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NATICK, MA 01760 

 

70 PDMs of each Beverage component must be maintained by the offeror/contractor. In this instance, 

the offeror must self-certify, confirm possession of the samples, and identify the samples as from the 

same production lot as those submitted to Natick. The offeror must submit this statement(s) with the 

balance of PDM samples submitted to DLA Troop Support. Should an offeror be awarded a contract, 

the offeror must provide the 70 PDMs that were self-certified and maintained by the offeror to a 

Government Quality Assurance Representative (GQAR) during the first production cycle. Offerors that 

have been awarded a contract and do not have an in-house GQAR will be directed on where to submit 

these PDMs.

 

The remaining 4 PDMs of each Beverage component must be sent to DLA to the below address: 

 

ATTN: RUSSELL MANUEL AND CANDICE CAMPBELL 

DEFENSE LOGISTICS AGENCY 

DLA TROOP SUPPORT 

POST OFFICE BOX 56667 

PHILADELPHIA, PA 19111-6667 

 

Inside the cases sent to both DLA and Natick, along with the samples, must be the required paperwork, fully 

identifying the product, solicitation number, whether the item is an Initial, Replenishment, or Alternate 

PDM, USDA certification, analytical and microbial Test results with certificates of analysis, any other test 

results available, and any other information to assist in identifying the product and conducting the 

evaluation. 

The PDM is the standard to which all production under any contract resulting from this solicitation must conform. 

Offerors are cautioned that samples produced in test facilities may not match the product produced on the production 

line, which will result in rejection of the product. 

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

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

specification(s). Failure of PDMs for any RNC Beverage component to conform to the specification may result in 

rejection of the offer for that RNC Beverage component. Offerors should also warrant that product submitted under 

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

microbial requirements. Product from any resultant contract that does not conform to all requirements will not be 

accepted by the Government. 

 

Note: Late submissions of PDMs may be the basis for rejection of the proposal. Refer to Section M-2, paragraph A, 

for the Technical Proposal/PDM evaluation process.

L-5 Business/Price Proposal 

The Government reserves the right to require information other than cost or pricing data, as defined at FAR 2.101, 
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or cost and pricing data, as applicable and if required to determine price reasonableness of any offer(s). 

 

Offerors must submit pricing for any RNC Beverage component item(s) on which they intend to bid. Pricing must 

be submitted for each offered RNC component line item for all five tiers on an F.O.B Destination basis. Failure to 

offer pricing on all five tiers of an offered line item may be deemed as non-acceptance of the item(s) and/or tier(s), 

which could result in rejection of the entire proposal as technically unacceptable. Different prices may be offered 

per tier. However, offerors are not required to offer on all line items. Because the Government contemplates 

awarding contracts on a per-line-item basis, multiple contracts may be awarded from this solicitation, including 

contracts that include only a single line item. Each offer should be priced accordingly. Only one price per line item, 

per tier will be accepted. Prices must be rounded to the nearest, fourth decimal point. Refer to section B-1 for 

estimated and IQC quantities. 

Offerors may state their prices on the chart given below, or submit their prices separately in the same format. 

 

 

L-5 Additional Submission Requirements 

1. Food Defense Plan: In accordance with the Food Defense requirement identified in Section I-3, the offeror 

shall submit its Food Defense Plan to describe what procedures are, or will be, in place to prevent product 

tampering and contamination, and assure overall plant security and food safety. The Plan should be 

formatted in accordance with, and address the issues contained in, the DLA Food Security Checklist. This 

plan must be submitted with the offeror's initial offer.
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2. Integrated Pest Program: Contractors and subcontractors must submit an Integrated Pest Management 

Plan based on the requirements stated in Section I-4. This plan must be submitted with the offeror's initial 

offer.

3. Quality Systems Plan: Contractors must submit a Quality Systems Plan based on the requirements in 

Section E. This plan must be submitted with the offeror's initial offer.

4. Surge and Sustainment Plan: Refer to provisions C06 Surge and Sustainment (S&S) Requirements 

(FEB 2017) and L21 Surge and Sustainment (S&S) - Capability Assessment Plan (CAP) - DLA 

Troop Support -Subsistence (FEB 2017) for Surge and Sustainment Plan requirements and submissions 

instructions based on the requirements stated in Section I-7. This plan must be submitted with the 

offeror's initial offer.

Note: Additional submission requirements guidelines can be found at the Troop Support Subsistence website 

https://www.dla.mil/TroopSupport/Subsistence/FoodSafety/FoodQuality/

 

Note: The successful awardee(s) will be required to maintain an acceptable Food Defense Plan, Integrated Pest 

Management Plan, QSP, and Surge and Sustainment Plan throughout the life of the contract. The awardee(s) must 

have a Food Defense Plan, Integrated Pest Management Plan, QSP, and Surge and Sustainment Plan approved by 

the contracting officer prior to contract award.

Header Header Header

 

SECTION M - EVALUATION FACTORS FOR AWARD

M-1 Source Evaluation and Selection Procedures 

Evaluation Process 

 

1. Technical Evaluation: Offerors are required to submit a technical proposal as prescribed in Section L of 

this solicitation. Each technical proposal will be evaluated against the technical requirements specified in section 

M-2. Proposals highly technically deficient as to make them incapable of being made technically acceptable may be 

rejected, and excluded from the competitive range. No discussion will be held with rejected offerors, nor will any 

rejected offeror be given an opportunity to revise its offer to correct those deficiencies in order to become 

acceptable after rejection.

2. Business Evaluation: The Government will evaluate prices for reasonableness as discussed in FAR 

Subpart 15.305 and Subpart 15.4.

3. Selection: The Government will use lowest price technically acceptable source selection procedures for 

this acquisition. The final technical and business evaluation reports will be furnished to the Contracting Officer. 

When offers are determined to be technically acceptable for non-price factors the price evaluation will be 

conducted, and award will be made based on the overall lowest price to the Government on a per-line-item basis.

 
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M-2 Evaluation Factors for Award (Evaluation Criteria) 

 

The Government will use Lowest Price Technically Acceptable source selection procedures in evaluating proposals. 

The Government will make an award for each line item to the responsible offeror whose proposal offers the lowest 

evaluated price and is rated as technically acceptable for that line item. An offeror's proposal on any line item must be 

considered technically acceptable to be considered for award for that line item. To be considered technically 

acceptable on any line item, the offeror must submit an acceptable PDM for any line item they intend to submit an 

offer on. 

 

A. Evaluation of Product Demonstration Models (PDMs) - Small Business Set-Aside

 

Refer to Section L-4 for Technical Proposal/PDM submission procedures. 

 

1. The U.S. Army, Combat Capabilities Command - Soldier Center (Natick) will evaluate Initial PDMs for 

compliance with product specifications and for compliance with the sensory characteristics designated 

and defined in the product's technical documents. These sensory characteristics, namely appearance, 

odor, flavor, and texture (or combination thereof where dictated by the product's technical documents), 

shall represent distinct sensory characteristic categories and will be evaluated by category by panelist. 

Each panelist will assign to each sensory characteristic category a quality score by using a 9-point quality 

scale, where 9 is the highest score and 1 the lowest score. The mean value of the panelists' ratings for 

each sensory characteristic category shall be determined.

 Natick will assign an overall quality scale score to each Initial PDM that it evaluates. The overall score 

will be equal to the mean score of the lowest-rated sensory characteristic category. For each Initial 

PDM, an overall quality score of 6.00 through 9.00 will indicate an acceptable rating and an overall 

quality score of 1.00 through 5.99 will indicate an unacceptable rating. PDMs must be rated as 

“Acceptable” to be eligible for award. 

In the event the Government conducts negotiations, an offeror that receive an “Unacceptable” rating on 

an initial PDM will be given the opportunity to submit a Revised PDM. Revised PDMs that are 

submitted for a final evaluation will be evaluated using the same criteria discussed above. Offerors are 

advised that if they have any unacceptable Revised PDMs after the final evaluation, the proposal for 

that respective line item will be found technically unacceptable and the offer will not be considered for 

award for that line item. 

 2. Offerors are required to submit PDMs for each RNC Beverage component item on which they intend to 

bid. 

B. Evaluation of Business/Price Proposal

Refer to Section L-5 for Business (Price) Proposal submission procedures. 

 

Award(s) will be based on the technically acceptable offer with the lowest, total evaluated price to the 
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Government under a “per-line-item” evaluation approach. The Government will determine the lowest, total 

evaluated price per line item by multiplying the estimated quantity for this acquisition by the unit price offered 

for each tier. Then, the estimated prices for the five tiers will be added together to calculate the total evaluated 

price per line item. The offerors' total evaluated price per line item will be compared to determine the lowest, 

total evaluated price per line item. The award(s) will be based on the lowest, total evaluated price to the 

Government per-line-item. 

 

NOTE: Refer to section B-1, paragraph A, for the estimated yearly quantities. This number is being used for 

evaluation purposes only, and does not obligate the Government to order up to the estimated yearly quantities. 

 

M-3 Additional Submission Requirements 

 

Additional Submission Requirements will be reviewed for acceptability, but will not be evaluated for award 

decision(s). 

 

1. The Food Defense Plan will be reviewed to determine acceptability.

2. The Integrated Pest Management Plan will be reviewed to determine acceptability.

3. The Quality Systems Plan will be reviewed to determine acceptability.

4. The Surge and Sustainment Plan will be reviewed to determine acceptability.

NOTE: The successful awardee(s) will be required to maintain an acceptable Food Defense Plan, Integrated Pest 

Management Plan, QSP, and Surge and Sustainment Plan throughout the life of the contract. The contracting officer 

must approve these plans prior to award.

 

 

 

M07 Surge and Sustainment (S&S) Evaluation (FEB 2017) 

 

(1) Capability Assessment Plan (CAP) Evaluation: The CAP will be reviewed and assessed for 

responsiveness, completeness, and technical merit. The CAP must demonstrate (i) the offeror's ability to 

provide the full S&S quantity and meet the delivery requirements as specified in the solicitation; (ii) the 

technical merits of the proposed solutions to any identified shortfalls in S&S quantity and/or delivery 

requirements; and (iii) the ability to achieve the solutions without Government investment. If the CAP 

includes Government investment, the evaluation includes plans to refresh or replace S&S material and 

related exit strategy to ensure the Government's continued surge capability.

 

(2) S&S Past Performance History: The quality and extent of the offeror's historical surge support 

performance will be considered as part of the overall past performance evaluation. In the absence of or in 

addition to historical S&S capability support, the contracting officer may consider other relevant 

performance history that demonstrates the offeror's ability to respond to and sustain higher than normal 
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production rates or faster than normal delivery requirements, or both.

 

(3) The contracting officer will include the S&S price in the overall price evaluation.

NOTE: The successful awardee(s) will be required to maintain an acceptable Food Defense Plan, Integrated Pest 

Management Plan, QSP, and Surge and Sustainment Plan throughout the life of the contract. The contracting officer 

must approve these plans prior to award.