AWARD/CONTRACT 1. THIS CONTRACT IS A RATED ORDER 

 UNDER DPAS (15 CFR 700)

 RATING

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

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

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

 

 FOB ORIGIN OTHER (See below)

(4 copies unless otherwise 

specified)

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

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

 

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

14. ACCOUNTING AND APPROPRIATION DATA

16. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

A SOLICITATION/CONTRACT FORM

B SUPPLIES OR SERVICES AND PRICES/COSTS

C DESCRIPTION/SPECS./WORK STATEMENT

D PACKAGING AND MARKING

E INSPECTION AND ACCEPTANCE

F DELIVERIES OR PERFORMANCE

G CONTRACT ADMINISTRATION DATA

H SPECIAL CONTRACT REQUIREMENTS

CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE

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

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

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

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

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

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

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

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

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

Your bid on Solicitation Number 

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

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

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

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

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

contract.)

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

PAGE(S)

PART II - CONTRACT CLAUSES

(X) SEC. DESCRIPTION

PART IV - REPRESENTATIONS AND INSTRUCTIONS

I CONTRACT CLAUSES

J LIST OF ATTACHMENTS

K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF 

OFFERORS

L INSTRS., CONDS., AND NOTICES TO OFFERORS

M EVALUATION FACTORS FOR AWARD

 15G. TOTAL AMOUNT OF CONTRACT

19B. NAME OF CONTRACTOR 

 

BY

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

20B. UNITED STATES OF AMERICA 

 

BY

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

 

SPE3S1-22-D-Z148

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

2021 DEC 21

3. EFFECTIVE DATE

1000119776

4. REQUISITION/PURCHASE REQUEST/PROJECT NO.

CODE 0CBU1 FACILITY CODE

Net 30 (Do not Use)

9. DISCOUNT FOR PROMPT PAYMENT

12

ITEM

$

X 1

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

 19C. DATE SIGNED

Priscilla Reed 

PRISCILLA.REED@DLA.MIL

20A. NAME OF CONTRACTING OFFICER

2021 DEC 22

 20C. DATE SIGNED

X

SEE SCHEDULE, DO NOT SHIP TO ADDRESS ON THIS PAGE

DEF F N AND ACCOUNTING SVC 

BSM 

P O BOX 182317 

COLUMBUS OH 43218-2317 

USA

SL4701

X

1

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

SPE3S1

DLA TROOP SUPPORT 

SUBSISTENCE SUPPLY CHA N 

700 ROBB NS AVENUE 

PHILADELPHIA PA 19111-5096 

USA 

Local Admin: Michael Olsakowski DMO0027 

Email: Michael.Olsakowski@dla mil

SPE3S1

DLA TROOP SUPPORT 

SUBSISTENCE SUPPLY CHAIN 

700 ROBBINS AVENUE 

PHILADELPHIA PA 19111-5096 

USA 

Criticality: PAS : None

THERMO PAC, LLC 

1609 STONE RIDGE DR 

STONE MOUNTAIN GA 30083-1109 

USA

See Schedule

45871793.000

 10. SUBMIT INVOICES 

 

 TO THE 

 ADDRESS SHOWN IN

2 PAGE 1 OF 10

Priscilla Reed
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SPE3S1-22-D-Z148

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

The following documents are hereby incorporated by reference into this contract: Solicitation SPE3S1-21-R-0007 and 

your final proposal revision is being accepted by the Government to form this contract. All clauses and provisions 

within solicitation SPE3S1-21-R-0007 have been incorporated into this contract with their most recent version. 

Effective period of performance: 

Each tier year is comprised of a 365 day term. 

Tier 1: December 21, 2021 - December 20, 2022 

Tier 2: December 21, 2022 - December 20, 2023 

Tier 3: December 21, 2023 - December 20, 2024 

Tier 4: December 21, 2024 - December 19, 2025 

Tier 5: December 20, 2025 - December 19, 2026 

Place of Performance 

ThermoPac, LLC 

1609 Stone Ridge Drive 

Stone Mountain, GA 30083 

 

Line 0001: Mayonnaise, Fat Free 

 

NSN: 8950-01-527-8387

Delivery Terms: F.O.B Destination

Inspection and Acceptance: Origin

 

Guaranteed Minimum Quantity: 2,525,000 EA (inclusive of all Tiers)

Estimated Quantity: 3,030,000 EA per year

Maximum Quantity: 37,857,000 EA

Surge Quantity: 7,996,793 EA

 

Offered Prices: 

Tier 1: $ 

Tier 2: $ 

Tier 3: $ 

Tier 4: $ 

Tier 5: $ 

 

Product Demonstration Model: Lot 1306 

 

I. The following applies to contract SPE3S1-21-R-0007: 

 

A. Solicitation SPE3S1-20-R-0007 Page 16 of 107, delete: 
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SPE3S1-22-D-Z148

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

“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.” 

and insert: 

“MARKING

Shipping container markings shall be as follows: 

A. Shipping containers that are not being shipped to ration assemblers shall be marked in accordance with 

DLA Troop Support Form 3556, Marking Instructions for Boxes, Sacks, and Unit Loads of Perishable and 

Semiperishable Subsistence.

B. Shipping containers that are shipped to ration assembly contractors are permitted to have alternative 

markings that have been agreed upon by each assembler and the GQAR. A copy of this agreement shall be 

provided to the contracting officer prior to any shipment with alternative markings. In addition, any 

alternative markings shall comply with all applicable Federal and State mandatory requirements. This 

requirement shall remain in place for the duration of this contract or until further notice.” 

 

B. Solicitation SPE3S1-21-R-0007, page 35 of 107, delete: 

“E-6. 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.”

and insert: 

“E-6. Government Verification Inspection. Government verification inspection, tests and exams conducted by 

either the Government's Quality Assurance Representative (GQAR) or Government designated laboratory, shall 

be withheld, at a minimum, until documentation of the contractor's conforming and completed inspection results 

are presented to the GQAR. Unless otherwise authorized, in writing, by the contracting officer, neither the GQAR 

nor the Government laboratory shall perform Government verification inspection until such time as the 

contractor's lot submittal package, the package including the documented results of all inspections required to 

performed by the contractor, is provided to the GQAR and the inspection results contained therein indicate 

conformance to ALL applicable contractual requirements. Submit requests for Contracting Officer authorization 

using template “REQUEST FOR EARLY GOVERNMENT INSPECTION”. 

Standby inspection samples. The Government reserves the right to withdraw and hold, for inspection purposes, 

standby samples of components or finished products or both. Samples not used will be returned to the contractor.” 

C. Solicitation SPE3S1-21-R-0007, page 45 of 107, in E-14. Periodic Review Samples, delete: 

“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) “ 
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SPE3S1-22-D-Z148

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

 

and insert: 

 

“Six samples selected by USDA/AMS will be sent to: 

 Operational Rations Marketing Specialist, Anthony Foresi (three samples) 

 Operational Rations Marketing Specialist, Louis Obot (one sample) 

 Operational Rations Marketing Specialist, Luke Smith (one sample) 

 USDA Area Office Officer-in-Charge (one sample)” 

 

D. Solicitation SPE3S1-21-R-0007, page 44 of 107, in E-14. Periodic Review Samples, at end of Natick mailing 

address, add: “POC: (508) 233-5037” 

 

E. Solicitation SPE3S1-21-R-0007, page 50 OF 107, delete provision titled “9044 Sanitary Conditions (APR 2014)”, 

and insert the following provision, titled “9044 SANITARY CONDITIONS (JUL 2021)”: 

 

“9044 SANITARY CONDITIONS (JUL 2021) 

 

(a) Food establishments.

 

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

subject to sanitation approval and surveillance as deemed appropriate by the Military Medical Service or by other 

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

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

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

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

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

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

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

Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement, (Worldwide Directory) 

available at: https://phc.amedd.army.mil/topics/foodwater/ca/Pages/DoDApprovedFoodSources.aspx. Compliance 

with the current edition of DoD Military Standard 3006, Sanitation Requirements for Food Establishments, is 

mandatory for listing of establishments in the Worldwide Directory. Suppliers also agree to inform the 

Contracting Officer immediately upon notification that a facility is no longer sanitarily approved and/or removed 

from the Worldwide Directory and/or other Federal agency's listing, as indicated in paragraph (2) below. 

Suppliers also agree to inform the Contracting Officer when sanitary approval is regained and listing is reinstated. 

 

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

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

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

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

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

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

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

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

shield and applicable establishment number. USDA listed establishments processing products not subject to the 

Federal Meat and Poultry Products Inspection Acts must be listed in the Worldwide Directory for those items. 
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SPE3S1-22-D-Z148

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

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

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

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

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

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

applicable establishment number. 

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

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

Query_Pages/PlantBook_Query.asp. 

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

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

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

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

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

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

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

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

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

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

name and address of the producing facility. 

 (vi) Pasteurized milk and milk products may be supplied from plants having a pasteurization plant 

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

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

Department of Health and Human Services, Food and Drug Administration (USDHHS, FDA). (available at: 

https://www.fda.gov/Food/GuidanceRegulation/FederalStateFoodPrograms/ucm2007965.htm). These plants may 

serve as sources of pasteurized milk and milk products as defined in Section I of the “Grade `A' Pasteurized Milk 

Ordinance” (PMO) published by USDHHS,FDA (available at: https://www.fda.gov/Food/GuidanceRegulation/

GuidanceDocumentsRegulatoryInformation/Milk/default.htm). 

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

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

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

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

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

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

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

listed. 

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

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

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

 

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

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

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

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

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

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

DoDApprovedFoodSources.aspx). 

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

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

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

indicated on the label or on accompanying shipment documentation. 

 

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

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

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

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

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

delivery date. In the event the Contractor fails to correct such objectionable conditions within the time specified 

by the Contracting Officer, the Government shall have the right to terminate the contract in accordance with the 

“Default” clause of the contract. 

 

(b) Delivery conveyances. 

The supplies delivered under this contract shall be transported in delivery conveyances maintained to prevent 

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

prescribed temperature. The delivery conveyances shall be subject to inspection by the government at all 

reasonable times and places. When the sanitary conditions of the delivery conveyance have led, or may lead to 

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

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

for acceptance may be rejected without further inspection.” 

 

F. Solicitation SPE3S1-21-R-0007, page 54 of 107, SECTION E ATTACHMENTS, insert:

 

ATTACHMENT 6 “REQUEST FOR EARLY GOVERNMENT INSPECTION”, posted at: https://www.dla.mil/

TroopSupport/Subsistence/Operationalrations/mre/mreci.aspx”

 

SECTION I - CONTRACT CLAUSES

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

 

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

INFORMATION (OCT 2016) DFARS

 

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

 

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

 

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

OFFSETS (JUN 2018) DFARS

 

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) FAR

 

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. 
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SECTION I - CONTRACT CLAUSES (CONTINUED)

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

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

system. 

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

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

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

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

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

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

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the 

WAWF home page at https://wawf.eb.mil/ 

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

Protocol. 

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

in WAWF for this contract/order: 

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

 

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

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

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

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

by the contracting officer. 

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

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

when creating payment requests and receiving reports in the system. 

Routing Data Table*

Field Name in WAWF Data to be entered in 

WAWF

Pay Official DoDAAC

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. 
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SECTION I - CONTRACT CLAUSES (CONTINUED)

(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)

 

52.233-3 PROTEST AFTER AWARD (AUG 1996) FAR

 

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (OCT 2020) DFARS

 

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 

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 
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SECTION I - CONTRACT CLAUSES (CONTINUED)

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; 

 (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 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 10 OF 10 PAGES

SPE3S1-22-D-Z148

SECTION I - CONTRACT CLAUSES (CONTINUED)

are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation. 

(End of clause)

 

52.253-1 COMPUTER GENERATED FORMS (JAN 1991) FAR

 

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

(JAN 2021) DFARS

 

SECTION J - LIST OF ATTACHMENTS

List of Attachments

Description File Name

ATTACH_ThermoPac_Sig

nature

MRE