SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000117229

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE 

DATE

4. ORDER NUMBER

SPE8EC-21-R-0007

5. SOLICITATION NUMBER

2021 JUN 22

6. SOLICITATION ISSUE 

 DATE

Robert F Spadaro Jr PEPCAAF

a. NAME

Phone: 215-737-0981

b. TELEPHONE NUMBER (No Collect

calls)

2025 JUL 22

8. OFFER DUE DATE/ 

LOCAL TIME

9. ISSUED BY CODE SPE8EC

DLA TROOP SUPPORT 

CONSTRUCTION & EQUIPMENT (HEPP) 

700 ROBBINS AVENUE 

PHILADELPHIA PA 19111-5096 

USA

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

SMALL BUSINESS

HUBZONE SMALL 

BUSINESS

 WOMEN-OWNED SMALL BUSINESS 

 (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED 

 SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED 

VETERAN-OWNED

SMALL BUSINESS

NAICS: 336120

SIZE STANDARD: 1500

11. DELIVERYFOR FOB DESTINATION UNLESS BLOCK IS 

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A 

RATED ORDER UNDER 

DPAS (15 CFR 700)

 13b. RATING

 14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE 

 OFFEROR

FACILITY 

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

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

OFFER

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

BELOW IS CHECKED

19. 

ITEM NO.

20. 

SCHEDULE OF SUPPLIES/SERVICES

21. 

QUANTITY

 22. 

 UNIT

23. 

UNIT PRICE

24. 

AMOUNT

See Schedule

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND 

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER 

DATED . YOUR OFFER ON SOLICITATION 

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

ONE

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

PAGE 1 OF 51

03:00 PM EST

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION 

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

"NET 30"
32a. QUANTITY IN COLUMN 21 HAS BEEN

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

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20. 

SCHEDULE OF SUPPLIES/SERVICES

21. 

QUANTITY

 22. 

 UNIT

23. 

UNIT PRICE

24. 

AMOUNT

19. 

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT 

REPRESENTATIVE

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

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

37. CHECK NUMBER

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

42a. RECEIVED BY (Print)

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

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

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)
3

Continuation of Blocks from SF 1449

1. Block 8

 Offer Due Date/Local Time: _____July 22, 2021 @ 4:00 PM (EST)______

2. Block 9

**Submit ONE hardcopy of proposal to Business Opportunities Office and submit ONE electronic copy to 

HEPPLTCs@dla.mil **

(1) HARDCOPY

 › Address and Submit “mailed” offers to:

 Defense Logistics Agency

 Troop Support

 Post Office Box 56667

 Philadelphia, PA 19111-6667

 Solicitation Number: SPE8EC-21-R-0007

 Initial Opening/Closing Date and Time: July 22, 2021_ @ 4:00 PM (EST)

Final Opening/Closing Date and Time: July 22, 2025_ @ 4:00 PM (EST)

 › Address and Deliver “hand carried” offers, including delivery by commercial carrier, to:

 DLA Troop Support

 Business Opportunities Office

 Bldg. 36, 2nd Floor, Room 2035

 700 Robbins Avenue

 Philadelphia, PA 19111-5092

 Solicitation Number: SPE8EC-21-R-0007

 Initial Opening/Closing Date and Time: July 22, 2021_ @ 4:00 PM (EST)

Final Opening/Closing Date and Time: July 22, 2025_ @ 4:00 PM (EST)

 (1) ELECTRONIC (EMAILED) COPY

› Submit “Emailed” copies to: HEPPLTCs@dla.mil

Notes: 

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

through Friday, except for legal federal holidays as set forth in 5 USC 6103. Offerors using a commercial carrier service 

must ensure that the carrier service “hand carries” the package to the Business Opportunities Office specified above for 

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

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

indicated in Block 8 of the Standard Form 1449.

2. 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.

3. Individuals will not be able to enter the base without an Escort. When you arrive at front gate please call the BOO office at 

215-737-9044 or 215-737-8511 to request an Escort to Bldg 36 to submit your proposal.

› Transmit “facsimile” offers - Offers submitted to any other facsimile number shall not be considered for award.

3. Block 12

 › Discount Terms – “NET 30” will apply to all awarded contracts

4. Block 17a

 › Offeror’s assigned Unique Entity Identifier Number (formerly your DUNS number):_______________

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

see 52.212-1, Instructions to Offerors—Commercial Items (paragraph j) for information on establishing a unique 

entity identifier.)

 › Offeror’s assigned Contractor and Government Entity (CAGE) Code:__________________

5. Block 17b

 Remittance Address: (if different from Contractor/Offeror address in block 17a of the SF 1449.)

 ________________________________

 ________________________________
4

 ________________________________

 

 5. Continuation of Blocks 19-22:

Schedule of Supplies and Services

The intent of this solicitation is to issue Multiple Indefinite Delivery/Requirements Contracts for Commercial-type Trucks and 

Trailers used by the U.S. Military and other Federal Government Agencies within the Contiguous United States, Alaska, Hawaii, 

the outlying areas and throughout Europe, Africa and the Pacific. Awards will be made to responsible offerors who take no 

exception to the terms and conditions of the solicitation and whose prices are determined to be fair and reasonable. This method 

of contracting is intended to provide broad, flexible, efficient, long term contracts to provide maximum coverage for Trucks and 

Trailers along with comprehensive equipment support. Contracts will be awarded to individual contractors for their product line of 

Trucks and Trailers.

Product lines can include but not be limited to:

>Water Tankers, water distributors, water tenders, water trailers and related equipment 

>Lubrication and fuel dispensing equipment 

>Mobile service fleets; Fuel processing systems 

>Petroleum handling equipment; Water purification equipment; Water Distillation equipment 

>Tractor Trailers; Construction equipment trailers; Airfield specialized trailers. Construction trucks, dump trucks, 

construction workplace trucks, Cement Mixers; Refuse trucks 

>Lavatory Service trucks, Water Well Drilling Rigs and Support Vehicles, Recycling Bins/trailers

Each item shall be new and the manufacturer’s current commercial product. Each product offered shall include all standard 

components that are offered to the commercial market. Equipment shall be in operating condition, which includes but is not 

limited to having all fluid levels filled to normal operating ranges, when delivered to the destination. One paper and/or electronic 

set of commercial manuals consisting of operator’s instructions, service and repair manuals, and a complete parts list shall be 

over-packed with each item. 

Product lines will also include incidental service and support features for each model. The incidental service and support can 

include but is not limited to operator training, operator certification training, service plans, spare parts support, video packages, 

extended warranty agreements, and any additional value-added incidental services and support features that the manufacturer 

or their certified representative offers. This incidental service and support may only be ordered at the time the new equipment is 

ordered as part of the new equipment order. The services and support features cannot be ordered as stand-alone items under 

any resulting contract. 

Incidental service and support will be solicited as part of the Request for Quotation/ Delivery Order process, as required. 

PLEASE SUBMIT A ‘CD’ WITH YOUR PRICING SPREADSHEETS AS WELL AS YOUR COMMERCIAL CATALOGUES, IN 

ADDITION TO THE HARD COPY REQUIREMENTS STIPULATED BELOW.
5

CAUTION NOTICE

Items Requiring Special Attention

Although the specific details of the following information may be included within, the following list of items is intended to 

summarize key aspects of this solicitation and resulting contract.

This procurement is a negotiated acquisition issued on an unrestricted basis. The Government intends to award Multiple Fixed 

Price Indefinite Delivery/Requirements Contracts for the purpose of acquiring commercial Trucks and Trailers.

Offerors must submit a proposal in accordance with the requirements of the solicitation.

For specific details regarding submission of proposals, see provision FAR 52.212-1 Instructions to offerors - Commercial Items.

Offeror’s proposals will be evaluated based on all of the solicitation requirements, including the evaluation criteria listed in 

provision FAR 52.212-2, Evaluation – Commercial Items.

After the initial contracts are awarded, all subsequent Trucks and Trailers customer requirements will be competed amongst all 

contract holders and each contract holder will be afforded a fair opportunity to submit offers on the requirements except for items 

covered by a Limited Source Justification. 

The required delivery schedule is between 30/365 days. The required delivery schedule will be referenced in each Request for 

Quotations (RFQs).

The resulting contract will be for a term of five-years (no options). 

The unit prices for the basic contract items will be awarded on an FOB Origin basis. However, the FOB point is Destination for 

individual Request for Quotations (RFQs). Contract awardees will be required to quote FOB Destination at the time of each 

individual RFQs. All customer requirements will be satisfied on an FOB Destination basis. For items shipped overseas

(OCONUS), where the RFQ does not request “door-to-door” delivery, the FOB point will be the point of loading closest to the port 

of embarkation. The cognizant DCMA office is responsible for designating the port of loading (on non “door-to-door” deliveries).

For RFQs requiring “door-to-door” delivery, the FOB point is the ultimate end user’s destination. Delivery to this final destination

should be quoted accordingly. 

DLA Troop Support will award only one contract per manufacturer’s product(s) or product line.

The solicitation will be open continuously with early consideration for offers received by the initial closing date. Offers received 

by the initial closing date will be the only offers included in the initial evaluation process. New offers may be submitted at any 

time after the initial closing date but prior to the final closing date. The final closing date will be four (4) years after the initial 

closing date. Only proposals for manufacturer’s product(s) or product lines that are not on a contract resulting from this 

solicitation will be evaluated after the initial closing date. All subsequent proposals for duplicate manufacturer’s products/product 

lines will be sent back to the prospective offerors unevaluated. Proposals received after the initial closing date will be evaluated 

after all proposals that were received prior to the initial closing date have been awarded or determined not technically acceptable

At the time contracts from this solicitation are awarded, there will still be existing contracts from solicitation SPE8EC-17-R-0008. 

Because the resulting awards will be requirements contracts, there can only be one contract for each manufacturer’s product 

line. Therefore, manufacturer’s products that are still on contract from the previous solicitation will not be awarded on this 

solicitation until the contract from the previous solicitation expires or is terminated for convenience or cause. 

DLA Troop Support intends to utilize Government Standard Source Inspection and Acceptance Procedures and/or Destination 

Inspection/Acceptance. Destination Inspection will be the “standard”, with Source Inspection being the “exception”. Source 

Inspection will be required for the following instances: Foreign Military Sales (FMS), First Article Test (FAT) requirements,

deliveries to the Port for OCONUS (non “door-to-door” requirements), etc. Note that FAR 52.246-2, Inspection of Supplies – Fixed 

Price (AUG 1996) is hereby included in this solicitation and any resulting contract as is FAR 52.212-4 Contract Terms and 

conditions – Commercial Items (OCT 2018) paragraph (a) Inspection/Acceptance. The applicable clause will be determined by the 

Contracting Officer upon the issuance of each Request for Quotation and resulting Delivery Order. In the absence of either 

clause, FAR 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018) paragraph (a) Inspection/Acceptance 

applies.
6

All delivery orders issued under the resulting contracts will be written/placed only by DLA Troop Support who will be the ordering 

office. 

FAR Clause 52.216-2, Economic Price Adjustment - Standard Supplies is incorporated in full text. The clause provides for an 

aggregate increase not to exceed 20 percent of the original contract unit price. This provision will be in effect for the first two 

years of the resulting contracts. After two years, the contracts will be modified to provide for an aggregate Economic Price 

Adjustment ceiling for subsequent years. The economic price adjustments will be made only to the base list prices and not to the 

discount percentages. 

Only two (2) Economic Price Adjustments are permitted per year.

Items may be added to the contract as they are added to the awardees’ commercial catalog. Items that become obsolete or 

discontinued from the commercial catalog may be deleted. Addition of items will require submittal of (2) commercial invoices per 

model being added. Addition of greater than 6 models will require submittal of a “sampling of invoices” (similar to invoice 

requirements stipulated below). 

Offerors must complete the representation contained in DFARS 252.247-7022, Representation of Extent of Transportation by 

Sea referenced in the solicitation. DFARS 252.247-7023, Transportation of Supplies by Sea is referenced in the solicitation and 

will also be included in all contracts resulting from this solicitation.

Offerors must submit a complete proposal including commercial catalog prices for all items and commercial catalog prices for all 

machine attachments and related equipment. The proposal should also include discounts to be offered on the proposed 

commercial catalog prices. In addition, offerors must supply pricing support data relating to the proposed products which 

includes: commercial invoices for items sold commercially, pricing and or discount structure pertaining to commercial 

customers/dealers, and other supporting documentation that can be used to determine price reasonableness. 

 This solicitation requires offerors to submit the following: 

1.) Commercial Price Lists and Discounts

2.) Commercial Catalogs (descriptive literature)

3.) Commercial Invoices 

 

 Note - Refer to 52.212-1 for the full list of submission requirements.

Commercial Price Lists and Discounts: Offerors are required to submit pricing and discounts for each model offered, and to 

include discounts, if any, for commercially available price listed equipment attachments and optional features for each proposed 

model (See Attachment 1).

Commercial Catalogs: Offerors must submit commercial catalogs and/or other commercially offered descriptive literature that 

will be used to determine commerciality of all models, attachments and optional features.

Commercial Invoices: Offerors must submit commercial invoices that will verify commercial sales and discounts offered to the 

commercial market.

OEM’s Letter of Commitment: DLA Troop Support will award one contract per the Original Equipment Manufacturer’s (OEM) 

product(s) or product line. Dealers and suppliers, other than the OEM, that wish to be considered for an award must submit an 

original letter of commitment from the OEM specifically addressing the products or product line, the offeror and this solicitation.

The OEM’s letter of commitment must confirm that the offeror is “the OEM’s sole representative for the contract”. The OEM’s 

letter of commitment must include assurance “to provide the offeror a guaranteed, uninterrupted source of supply sufficient to 

satisfy the Government’s requirements for the contract period”. The offeror must submit the letter of commitment with the

proposal. Failure to provide the guarantees mentioned above will result in your elimination from consideration for award.

Manufacturer’s letters of commitment for the same products or product line from more than one offeror will render all offerors for 

that manufacturer’s product(s) or product line unacceptable and therefore excluded for award. 

This procurement is being solicited on an unrestricted basis. Awards will be made to responsible offerors who take no exception 

to the terms and conditions of the solicitation, meet all solicitation requirements and whose prices are determined fair and 

reasonable. The evaluation criteria for award are contained in FAR clause 52.212-2 Evaluation - Commercial Items.

The following procedures will be used in issuing delivery orders:
7

A fair notice of intent to make a purchase, including an item description of the equipment to be delivered and the basis upon 

which the contracting officer will make the selection, will be issued to all contractors who currently hold Trucks and Trailers

contracts on contracts resulting from both solicitation SPE8EC-17-R-0008 and this solicitation except for items covered by a

Limited Source Justification. The Request for Quotations (RFQs)/E-mail notification will clearly identify the customer’s 

requirements, and include reference to the specific equipment requirements and, if necessary, will clearly identify the best 

value delivery order placement criteria to be used for the specific purchase. This will afford all contractors responding to the 

notice a fair opportunity to submit an offer and have that offer fairly considered. Note that DLA’s customer will be responsible 

for determining whether or not an item is technically acceptable. Upon receipt of the offer(s), a delivery order will be issued 

by the DLA Troop Support Contracting Officer based on the delivery order placement criteria specified in the contract. DLA 

Troop Support is the designated ordering office. No other government activities may place delivery orders against this 

contract. 

All delivery orders will be awarded based on Lowest Price Technically Acceptable (LPTA) unless otherwise specified.

Unless otherwise specified in the Request for Quotations/Delivery Order process, preservation, packaging, and packing shall be 

of sufficient nature as to preclude damage to the equipment under normal shipping and handling conditions. In accordance with 

ASTM D 3951 (Standard Practice for Commercial Packaging) and MIL-STD 147 such packaging should conform to industry 

commercial and military practices and be consistent with applicable carrier regulations. Shipping containers shall be in 

compliance with National Motor Freight Classification and Uniform Freight Classification. OCONUS shipping must conform to 

International Air Transport Association regulations and the specific delivery order packaging directions.

The contractor shall be responsible for packaging and over packing the equipment in commercial material of the type, size and 

kind commonly used for the purpose and so constructed as to ensure acceptance and safe delivery to destination. A packing 

list/slip containing the following information, as a minimum: Contractor’s name, delivery order number, date of order, itemized list 

of equipment / attachments/ supplies included in the shipment, manufacturers name, part number, quantity shipped, delivery site, 

secondary delivery site, if necessary, and any special instructions, shall be enclosed with each shipped order. The line number 

used in the order will be duplicated on the packing slip.

Any deviation from commercial practice will be specified in the RFQs as required.

Offerors must provide a list of any hazardous material to be delivered under this contract and submit a Material Safety Data 

Sheet for items meeting specific criteria (See FAR 52.223-3 incorporated by referenced and the Hazard Communication 

Standard Notice).

Large Business concerns must submit a Subcontracting Plan with its offer. For further information on subcontracting plans, 

please visit: https://www.esrs.gov.

It is anticipated that there will be Trucks and Trailers contracts in place as a result of a prior solicitation (SPE8EC-17-R-0008) 

when this solicitation closes. The priority will be to award the new contracts as expeditiously as possible. However, due to the 

existing contracts in place as a result of the prior solicitation and the expected award of new contracts as a result of this

solicitation, this solicitation permits overlap when competing Request for Quotations (RFQs). This solicitation will allow for RFQs 

to accommodate quotations and the resulting contract delivery orders to be made under contracts from either solicitation in order 

to enhance competition to the fullest extent. It should be noted that not more than one contract for a manufacturer’s product(s) or 

product line is permissible. 

Contractors will be required to submit contract retention plans as referenced in FAR 52.212-5(d) and FAR 4.703 no later than 

forty-five days after the effective contract award date. The contract retention plans must be in accordance with FAR 4.703.

CAUTION – Contractor Code of Business Ethics (Jun 2020)

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

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

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

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

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

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

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

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

a violation of the False Claims Act. (31 U.S.C. 3729-3733)
8

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

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

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

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

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

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

the contracting officer upon request by the contracting officer.

Contract Clauses

FAR 52.212-4 Contract Terms and Conditions – Commercial Items (Oct 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this 

contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. 

The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at 

no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the 

Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or 

services. The Government must exercise its post-acceptance rights-

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

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

 (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of 

this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the 

Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide 

commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

 (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

 (d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to 

reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall 

be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. 

The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the 

contract.

 (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

 (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond 

the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the 

Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually 

severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is 

reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, 

shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the 

cessation of such occurrence.

 (g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address 

designated in the contract to receive invoices. An invoice must include-

 (i) Name and address of the Contractor;

 (ii) Invoice date and number;

 (iii) Contract number, line item number and, if applicable, the order number;

 (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
9

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on 

Government bill of lading;

 (vi) Terms of any discount for prompt payment offered;

 (vii) Name and address of official to whom payment is to be sent;

 (viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required 

elsewhere in this contract.

 (x) Electronic funds transfer (EFT) banking information.

 (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

 (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, 

the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, 

contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment 

by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

 (C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

 (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and 

Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

 (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, 

including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign 

patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of 

such claims and proceedings.

 (i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery 

destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and 

prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT 

clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. 

For the purpose of computing the discount earned, payment shall be considered to have been made on the date which 

appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the 

Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the 

overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of 

overpayment);

 (B) Affected contract number and delivery order number, if applicable;

 (C) Affected line item or subline item, if applicable; and

 (D) Contractor point of contact.

 (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

 (6) Interest.
10

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple 

interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest 

rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in 

which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each sixmonth period as fixed by the Secretary until the amount is paid.

 (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

 (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a 

debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline 

specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an 

installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer 

(see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision 

shall identify the same due date as the original demand for payment.

 (v) Amounts shall be due at the earliest of the following dates:

 (A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default 

termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date 

and ending on-

 (A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has 

been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable 

to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the 

Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this 

contract shall remain with the Contractor until, and shall pass to the Government upon:

 (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. 

destination.

 (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

 (l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part 

hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and 

shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the 

Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of 

termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard 

record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost 

accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit 
11

the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have 

been avoided.

 (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any 

default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the 

Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the 

Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall 

be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government 

improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

 (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government 

upon acceptance, regardless of when or where the Government takes physical possession.

 (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for 

the particular purpose described in this contract.

 (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the 

Government for consequential damages resulting from any defect or deficiencies in accepted items.

 (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules 

and regulations applicable to its performance under this contract.

 (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to 

limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to 

benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 

10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to 

procurement integrity.

 (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the 

following order:

 (1) The schedule of supplies/services.

 (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government 

Contracts, and Unauthorized Obligations paragraphs of this clause;

 (3) The clause at 52.212-5.

 (4) Addenda to this solicitation or contract, including any license agreements for computer software.

 (5) Solicitation provisions if this is a solicitation.

 (6) Other paragraphs of this clause.

 (7) The Standard Form 1449.

 (8) Other documents, exhibits, and attachments.

 (9) The specification.

 (t) [Reserved]

 (u) Unauthorized Obligations. 

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any 

End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any 

clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss 

or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

 (i) Any such clause is unenforceable against the Government.

 (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause 

by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal 
12

instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browsewrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

 (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

 (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by 

statute and specifically authorized under applicable agency regulations and procedures.

 (v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically 

via the System for Award Management (SAM), are incorporated by reference into the contract.

Addendum to FAR 52.212-4:

NOTE: “Inspection/Acceptance shall be in accordance with FAR 52.246-2, Inspection of Supplies – Fixed Price (Aug 1996) or 

FAR 52.212-4 Contract Terms and conditions – Commercial Items (Oct 2018) paragraph (a) Inspection/Acceptance.”

The applicable clause will be determined by the Contracting Officer upon the issuance of each Delivery Order (DO).

In the absence of either clause, FAR 52.212-4 Contract Terms and conditions – Commercial Items (OCT 2018) paragraph (a) 

Inspection/Acceptance applies.

The following paragraph of 52.212-4 is amended as indicated below:

 

Paragraph (t), System for Award Management.

 The following paragraph is added to FAR 52.212-4 (t) System for Award Management:

 (a) Definitions.

“System for Award Management (SAM) database” means the primary Government repository for prospective Federal 

awardee and Federal awardee information and the centralized Government system for certain contracting, grants, 

and other assistance-related processes. 

 

“Commercial and Government Entity (CAGE) Code” means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency 

(DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or Government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization 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.

 

“Unique Entity Identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or 

Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers. 

 

“Registered in the System for Award Management database” means that—

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if 

applicable, the Contractor and Government Entity (CAGE) code, as well as date required by the Federal Funding 

Accountability and Transparency Act of 2006, into the SAM database;

(2) The Offeror has completed the Core Data, Assertions, and Representations and Certifications, and Points of 

Contact sections of the registration in the SAM database; 

(3) The Government has validated all mandatory data fields to include validation of the Taxpayer Identification 

Number (TIN) with the Internal Revenue Service. The Offeror will be required to provide consent for TIN validation to 

the Government as part of the SAM registration process.

 (4) The Government has marked the record “Active”.

FAR 52.211-14 Notice of Priority Rating for National Defense Use, Emergency Preparedness, and Energy Use Program 

(APR 2008)
13

Any contract awarded as a result of this solicitation will be □ DX rated order; □ DO rated order certified for national defense, 

emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR700), 

and the Contractor will be required to follow all of the requirements of this regulation.

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.

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were 

given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed 

provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting 

the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate

information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these 

address(es):

> FAR: https://www.acquisition.gov/far/index.html; 

> DFARS: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

> DLAD: http://www.dla.mil/Acquisition/Documents/DLAD%20Rev%205.htm

The following additional provisions are incorporated by reference:

PROVISION NUMBER TITLE/DATE

FAR 52.204-7 System for Award Management (OCT 2018) 

FAR 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities 

or Transactions Relating to Iran - Representation and Certification 

(Jun 2020)

DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls 

(OCT 2016)

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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/far/index.html

> DFARS: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

> DLAD: http://www.dla.mil/Acquisition/Documents/DLAD%20Rev%205.htm

The following additional clauses are incorporated by reference:

CLAUSE NUMBER TITLE/DATE

FAR 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997)

FAR 52.225-18 Place Of Manufacture (Aug 2018)
14

FAR 52.227-1 Authorization and Consent (June 2020)

FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Jun 2020)

FAR 52.232-17 Interest (MAY 2014)

FAR 52.242-13 Bankruptcy (JUL 1995) 

FAR 52.242-15 Stop Work Order (AUG 1989)

FAR 52.246-15 Certificate of Conformance (APR 1984) 

FAR 52.246-16 Responsibility for Supplies (APR 1984) 

FAR 52.247-34 F.O.B. Destination (NOV 1991)

FAR 52.247-37 F.O.B. Vessel, Port of Shipment (APR 1984)

FAR 52.247-48 F.O.B. Destination – Evidence of Shipment (FEB 1999) 

FAR 52.247-52 Clearance and Documentation Requirements -- Shipments to DoD Air 

or Water Terminal Transshipment Points (FEB 2006)

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (SEP 2013)

DFARS 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 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country That is 

a State Sponsor of Terrorism (May 2019) 

DFARS 252.223-7001 Hazard Warning Labels (DEC 1991)

DFARS 252.225-7002 Qualifying Country Sources as Subcontractors (Dec 2017)

DFARS 252.225-7052 Restriction On The Acquisition Of Certain Magnets, Tantalum, And Tungsten (Oct 2020)

DFARS 252.225-7973 Prohibition On Procurement Of Foreign-Made Unmanned Aircraft Systems – Representation 

(May 2020)

DFARS 252.225-7974 Representation Regarding Business Operations With The Maduro Regime (Feb 2020)

DFAR 252.232-7006 Wide Area Workflow Payment Instructions (Dec 2018)

DFARS 252.232-7010 Levies on Contract Payments (DEC 2006)

DFARS 252.246-7000 Material Inspection and Receiving Report (MAR 2008)

DFARS 252.247-7028 Application for U.S. Government Shipping Documentation/Instructions (JUN 2012)

Addendum to FAR 52.212-4 continued, the following additional clauses are incorporated in full text.
15

FAR 52.211-16 Variation in Quantity (APR 1984)

 (a) A variation in 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 % increase 0% decrease

This increase or decrease shall apply to total quantity of each line item per delivery order.

FAR 52.216-2 -- Economic Price Adjustment -- Standard Supplies (JAN 1997)

(a) The Contractor warrants that the unit price stated in the Schedule for _________ [offeror insert Schedule line item 

number or state “ALL”] is not in excess of the Contractor’s applicable established price in effect on the contract date for like 

quantities of the same item. The term “unit price” excludes any part of the price directly resulting from requirements for 

preservation, packaging, or packing beyond standard commercial practice. The term “established price” means a price that --

(1) Is an established catalog or market price for a commercial item sold in substantial quantities to the general public; and

(2) Is the net price after applying any standard trade discounts offered by the Contractor.

(b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any 

applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the 

established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease 

in the Contractor’s established price, and this contract shall be modified accordingly.

(c) If the Contractor’s applicable established price is increased after the contract date, the corresponding contract unit price shall 

be increased, upon the Contractor’s written request to the Contracting Officer, by the same percentage that the established price 

is increased, and the contract shall be modified accordingly, subject to the following limitations:

(1) The aggregate of the increases in any contract unit price under this clause shall not exceed 20 percent of the original contract 

unit price.

(2) The increased contract unit price shall be effective --

(i) On the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor’s 

written request within 10 days thereafter; or

(ii) If the written request is received later, on the date the Contracting Officer receives the request.

(3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective 

date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and 

without the fault or negligence of the Contractor, within the meaning of the Default clause.

(4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer

verifies the increase in the applicable established price.

(5) Within 30 days after receipt of the Contractor’s written request, the Contracting Officer may cancel, without liability to either 

party, any undelivered portion of the contract items affected by the requested increase.

(d) During the time allowed for the cancellation provided for in subparagraph (c)(5) of this clause, and thereafter if there is no 

cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay 

for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause.
16

FAR 52.216-19 -- Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one 

each, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under 

the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of $100M;

(2) Any order for a combination of items in excess of $100M; or

(3) A series of orders from the same ordering office within five (5) days that together call for quantities exceeding the limitation in 

subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition 

Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement 

exceeds the maximum-order limitations in paragraph (b) of this section.

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

limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within thirty (30) 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.

FAR 52.216-21 – Requirements (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The 

quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as 

this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as 

“estimated’’ or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject

to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all 

supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The 

Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services 

specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this 

contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified 

under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may 

acquire the urgently required goods or services from another source.

(f) 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 365 days.

DFARS 252.216-7006 Ordering (Sept 2019)
17

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

by the individuals or activities designated in the contract schedule. Such orders may be issued from the effective date of 

award/contract through a date corresponding to 5 calendar year (s) after the effective date of the award/contract.

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

delivery order or task order and this contract, the contract shall control.

(c)(1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access 

system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government deposits the 

order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

Time of Delivery – Ordering Office 

Material ordered under the terms of this Contract shall be delivered within 30 to 365 days after the date of the order. 

Notwithstanding any other provisions or clauses of this Contract, no deliveries shall be made prior to issuance of the delivery 

order on Department of Defense (DD) Form 1155.

Addition/Deletion of Items in Contract

The Government reserves the right, with agreement from the contractor, to add to this contract any new or replacement items at 

offeror’s current price (i.e. latest catalog price minus negotiated discount). If any item included in this contract becomes 

obsolete, discontinued, or cancelled as a commercial catalog item by the contractor, the contractor will provide to the 

Government 30 days advance written notice of such. New/replacement items will be added to the contract only after prices are 

determined to be fair and reasonable by the contracting officer. All additions/deletions will be accomplished by modification to the 

contract. This clause is intended to keep the offerors catalog current at all times as it is the Government’s intent to offer the 

contractors’ entire product line at any given time. 

Additional Items- Furnish one commercial catalog page/pages including the price list and applicable discount, for the new items. 

Pages should reflect the effective date. Also, submit at least two (2) commercial invoices for each new item. In addition, submit 

the production location and time of delivery as applicable. Product/spec sheets should be submitted for each addition. If price, 

place of performance and delivery are unchanged from the original, a statement to that effect is all that is required. The 

additional items will be added by inserting the offeror’s new catalog pages, option pages, spec sheets and discount sheets to the 

existing commercial catalog. 

Deletions- The reason for deletion should be stated in writing and supported by company documentation, should the Contracting 

Officer deem such support necessary. The contractor agrees to honor any delivery orders issued during such thirty-day period. 

If the contractor adds a catalog item as a suitable replacement item such notice is to be provided to the Contracting Officer along 

with the replacement catalog pages, option pages, and discount sheets for insertion into the catalog. The Government will 

accordingly delete any such item from this contract after receiving the required notice. The Government reserves the right to 

reject any subsequent offer of a substantially equal or same item at a higher price during the same contract period if in the

opinion of the Contracting Officer, the price for the item replacing the deleted item is considered unreasonable as compared to 

that of the deleted item.

Note: The government reserves the right to request additional commercial invoices at any time (prior to and after contract 

award), including prior to the addition of any new item(s). 

 

RP001: DLA Packaging Requirements for Procurement

(1) Additional Packaging and Marking Requirements:
18

(a)Prohibited cushioning and wrapping materials: Use of asbestos, excelsior, newspaper, shredded paper (all types, including wax 

paper and computer paper), and similar hygroscopic or non-neutral materials and all types of loose-fill materials, including 

polystyrene, is prohibited for application such as cushioning, fill, stuffing, and dunnage. In addition, the use of yellow wrapping or 

packaging material is prohibited except where used for the containment of radioactive material.

(b)MIL-STD-129 establishes requirements for contractors that ship packaged materiel to the Government to provide both linear 

bar codes and two-dimensional (2D) symbols on shipping labels. Shipping labels with 2D symbols are referred to as Military 

Shipping Labels (MSL) and are required on all CONUS and OCONUS shipments with the following exceptions:

(1) Subsistence items procured through full-line food distributors (prime contractors), “market ready” type items shipped within the 

Continental United States (CONUS) to customers within CONUS; 

(2) Any item for which ownership remains with the contractor until the item is placed in designated locations at the customer

location prior to issuance to the customer. Government control begins upon placement of the item by the contractor into the 

designated location or issuance from the designated location by contractor personnel (i.e., the contractor is required to stock bins 

at the customer location and/or issue parts from a contractor controlled parts room). 

(3) Bulk petroleum, oil and lubricant products delivered by pipeline; or tank car, tanker and tank trailer for which the container has 

a capacity greater than 450 L (119 gallons) as a receptacle for a liquid; a maximum net mass greater than 400 kg (882 pounds) 

and a capacity greater than 450123 L (119 gallons) as a receptacle for a solid; or a water capacity greater than 454 kg (1000124 

pounds) as a receptacle for a gas. 

(4) Medical items procured through Customer Direct suppliers or prime contractors that do not enter the Defense Transportation 

System.128 

(5) Delivery orders when the basic contract has not been modified to require MIL-STD-129.

(c) MIL-STD-129 provides numerous illustrations of what should be bar-coded and the recommended placement of the bar code. 

Further information is available on the DLA Packaging Web Site at: 

http://www.dla.mil/LandandMaritime/Offers/Services/TechnicalSupport/Logistics/Packaging.aspx . 

(2) Requirements for Treatment of Wood Packaging Material (WPM) 

(a)Assets packed in or on wood pallets, skids, load boards, pallet collars, wood boxes, reels, dunnage, crates, frames, and cleats 

must comply with the Heat Treatment (HT) or Heat Treatment/Kiln Dried (HT/KD) (continuous at 56 degrees Centigrade for 30 

minutes) standard in 09/19/2016 5 

DoD Manual 4140.65-M "Compliance for Defense Packaging: Phytosanitary Requirements for Wood Packaging Material (WPM)". 

WPM must be stamped or branded with the appropriate certification markings as detailed in DOD 4140.65-M and be certified by 

an accredited American Lumber Standards Committee (ALSC)-recognized agency. The WPM certification markings must be 

easily visible, especially in pallet loads, to inspectors. 

(3) Palletization shall be in accordance with MD00100452, REVISION C, DATED 09/2016 found at 

http://www.dla.mil/LandandMaritime/Offers/Services/TechnicalSupport/Logistics/Packaging/Palletization.aspx

C03 Contractor Retention of Supply Chain Traceability Documentation (JAN 2020) 

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

confirming that it currently has or will obtain before delivery and shall retain documented evidence (supply chain traceability 

documentation) that the item is from the approved manufacturer and conforms to the technical requirements. The retention period 

is five years after final payment under this contract. 

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

and/or national stock number, manufacturing source, manufacturing source’s commercial and government entity code (e.g. CAGE 

code), and clear identification of the name and location of all supply chain intermediaries between the manufacturer to the 

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

batch identification for the item(s), such as date codes, lot codes, or serial numbers. 

(3) Examples of acceptable supply chain traceability documentation can be found at: 

http://www.dla.mil/LandandMaritime/Business/Selling/Counterfeit-Detection-Avoidance-Program/ 

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

determines the acceptability and sufficiency of documentation. If the contractor fails to retain or provide the documentation or the 
19

contracting officer finds the documentation to be unacceptable, corrective action may be taken including, but not limited to, 

cancellation of undelivered orders or rejection of delivered supplies.

Requirements for Treatment of Wood Packaging Material (WPM)

(a) This clause only applies when wood packaging material will be used to make shipments under this contract and/or when wood 

packaging material is being acquired under this contract.

(b) Definition.

 Wood packaging material (WPM) means wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, 

crates, frame and cleats. The definition excludes materials that have undergone a manufacturing process, such as corrugated 

fiberboard, plywood, particleboard, veneer, and oriented strand board (OSD). 

(c) All Wood Packaging Material (WPM) used to make shipments under DoD contracts and/or acquired by DoD must meet 

requirements of International Standards for Phytosanitary Measures (ISPM) 15, "Guidelines for Regulating Wood Packaging 

Materials in International Trade." DoD shipments inside and outside of the United States must meet ISPM 15 whenever WPM is 

used to ship DoD cargo.

 

(1) All WPM shall comply with the official quality control program for heat treatment (HT) or kiln dried heat treatment (KD HT) 

in accordance with American Lumber Standard Committee, Incorporated (ALSC) Wood Packaging Material Program and WPM 

Enforcement Regulations (see http://www.alsc.org/). 

 

(2) All WPM shall include certification/quality markings in accordance with the ALSC standard. Markings shall be placed in an 

unobstructed area that will be readily visible to inspectors. Pallet markings shall be applied to the stringer or block on diagonally 

opposite sides of the pallet and be contrasting and clearly visible. All containers shall be marked on a side other than the top or 

bottom, contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 

and be marked with an ASLC approved DUNNAGE stamp. 

(d) Failure to comply with the requirements of this restriction may result in refusal, destruction, or treatment of materials at the 

point of entry. The Agency reserves the right to recoup from the Contractor any remediation costs incurred by the Government.

Hazard Communication Standard Notice:

Effective June 1, 2015, Federal Standard No. 313-E, Material Safety Data, Transportation Data and Disposal Data for Hazardous 

Materials Furnished to Government Activities, established the requirement for preparation and submission of Safety Data Sheets 

(SDS) in lieu of Material Safety Data Sheets (MSDS) by suppliers who provide hazardous materials to government activities. 

The Occupational Safety and Health Administration (OSHA) has modified its Hazard Communication Standard (HCS) to conform 

to the United Nations Globally Harmonized System of Classification and Labeling of Chemicals. As a result of this change, 

Federal Standard No. 313-E was revised to require Safety Data Sheets for classifying chemicals and communicating the 

applicable information on labels.

In accordance with the revised standard after June 1, 2015:

1. Offerors/Contractors are required to submit, to the contracting officer for review and approval prior to award, safety data sheets 

consistent with the requirements found at 29 C.F.R.1910.1200 for any hazardous materials or items containing hazardous 

materials that are to be delivered to the Government.

2. Offerors/Contractors are required to submit, to the contracting officer for review and approval prior to award, hazardous warning 

labels in accordance with 29 C.F.R. 1910.1200 for hazardous materials delivered to the Government.

3. Finally, offerors/contractors are required as part of the new FEDSTD 313E to train their employees on the new safety data 

sheets, hazardous warning labels, and requirements of 29 C.F.R.1910.1200.

For more information on SDS, offerors/contractors should refer to the OSHA website, available at:

https://www.osha.gov/dsg/hazcom/ghs-final-rule.html

For information on 29 C.F.R. 1910.1200, offerors/contractors should refer to the below link:

http://www.ecfr.gov/cgi-bin/text-idx?rgn=div8&node=29:6.1.1.1.1.1.1.36

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items 

(Jan 2021)
20

 (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in 

this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 

743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its 

successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky 

Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. 

(Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

 (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

 (5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

 (6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 

note)).

 (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as 

being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of 

commercial items:

_X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 

4704 and 10 U.S.C. 2402).

_X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) 

(Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 

U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, 

section 743 of Div. C).

_X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or 

Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

_X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the 

offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved]

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

_X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

_X (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

_X (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jun 2020) of 52.219-9 

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

_X (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

_X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small 

Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible 

Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).
21

_X (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

_X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_X (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_X (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

_X (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

_X (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

_X (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the 

acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 

22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 

U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of

commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 

13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) 

(E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 

13514)

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693)

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 19 U.S.C. 

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 

108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

_X_ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered 

by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, 

as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 

3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (63) i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) 

and 10 U.S.C. 2631).
22

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the 

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive 

orders applicable to acquisitions of commercial item

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and 

Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 

29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, 

Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain ServicesRequirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this 

contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, 

on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have 

access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this 

contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for 

examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in 

FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially 

terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final 

termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims 

arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, 

regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the 

Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not 

required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless

otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 

of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its 

successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab 

and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. 

(Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer 

further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the 

applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 

in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow 

down required in accordance with paragraph (f) of FAR clause 52.222-40

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.Ofbl. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, 

Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).
23

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain ServicesRequirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as 

amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down 

required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 

10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional 

clauses necessary to satisfy its contractual obligations.

(End of clause)

STATEMENT OF WORK

DLA Troop Support intends to award contracts for the supply of Trucks and Trailers to the military services and federal agencies. 

Contracts will be awarded to individual contractors for their offered line of Trucks and Trailers.

Product lines can include but not be limited to:

>Water Tankers, water distributors, water tenders, water trailers and related equipment 

>Lubrication and fuel dispensing equipment 

>Mobile service fleets; Fuel processing systems 

>Petroleum handling equipment; Water purification equipment; Water Distillation equipment 

>Tractor Trailers; Construction equipment trailers; Airfield specialized trailers. Construction trucks, dump 

trucks, construction workplace trucks, Cement Mixers; Refuse trucks 

>Lavatory Service trucks, Water Well Drilling Rigs and Support Vehicles, Recycling Bins/trailers

Product lines will also include “incidental service and support” for each machine. This incidental service and support can include 

but should not be limited to operator training, operator certification training, service plans, spare parts support, video packages, 

extended warranty agreements, and any additional value-added incidental services that the manufacturer or his certified 

representative can offer in support of fleet maintenance and lifetime equipment support. This incidental service and support may

only be ordered at the time the new equipment is ordered. This support cannot be ordered as a stand-alone item. 

DLA Troop Support will award only one contract per manufacturer’s product line. It is intended to issue multiple Requirements 

Contracts to responsible vendors that conform to the solicitation requirements contained within this document and whose prices 

are determined fair and reasonable. After the initial contracts are awarded, customer Trucks and Trailers requirements 

described by specifications, commercial item descriptions, or other commercial descriptions will be competed among all contract 

holders, and each contract holder will be afforded a fair opportunity to submit a quotation. In instances where only certain

specified equipment will meet the customer’s needs, or only one contract holder offers the required equipment, Limited Source 

Justifications will be executed, and only those contract holders offering the specified equipment will be solicited.
24

FAR 52.212-1 – Instructions to Offerors – Commercial Items (Jun 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small 

business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a 

concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 

employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified 

in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a 

minimum, offers must show—

 (1) The solicitation number;

 (2) The time specified in the solicitation for receipt of offers;

 (3) The name, address, and telephone number of the offeror;

 (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the 

solicitation. This may include product literature, or other documents, if necessary;

 (5) Terms of any express warranty;

 (6) Price and any discount terms;

 (7) “Remit to” address, if different than mailing address;

 (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations 

and certifications that the offeror shall complete electronically);

 (9) Acknowledgment of Solicitation Amendments;

 (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same 

or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant 

information); and

 (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, 

conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the 

terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for 

receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt 

of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and 

returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative 

line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or 

alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

1. Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the 

Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the 
25

solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or 

revisions are due.

 (2)

2. Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation 

after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is 

made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the 

initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified 

for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of 

offers and was under the Government’s control prior to the time set for receipt of offers; or

 (C) If this solicitation is a request for proposals, it was the only proposal received.

 (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, 

will be considered at any time it is received and may be accepted.

 (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that 

installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements

of Government personnel.

 (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the 

Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements 

preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be 

deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government 

processes resume.

 (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in 

response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via 

facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation 

concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time 

set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without 

discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical 

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

necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and 

waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by 

specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. 

The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices 

offered, unless the offeror specifies otherwise in the offer.

3. Availability of requirements documents cited in the solicitation.

 (1)

4. The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of 

specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a 

request toGSA Federal Supply Service Specifications Section
26

Suite 8100 470 East L’Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978.

 (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this 

solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free 

of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

 (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

5. ASSIST ( https://assist.dla.mil/online/start/).

 (ii) Quick Search ( http://quicksearch.dla.mil/).

 (iii) ASSISTdocs.com (http://assistdocs.com).

 (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by6. Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

 (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

 (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 

697-2667/2179, Facsimile (215) 697-1462.

 (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, 

or maintenance.

(j) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase 

threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall 

enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the 

unique entity identifier that identifies the Offeror’s name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) 

indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion 

of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same 

entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity 

identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when 

contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if 

applicable:

7. The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

 (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance 

information on the debriefed offeror.

 (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

 (4) A summary of the rationale for award;

 (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
27

 (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set 

forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

Addendum to 52.212-1:

The following paragraphs of 52.212-1 are amended as indicated below:

8. Paragraph (a), North American Industry Classification System (NAICS) code and small business size standard.

a. Delete the paragraph (a) and replace with the following:

“(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS 

code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 

1449). However, the small business size standard for a concern which submits an offer in its own name, but which 

proposes to furnish an item which it did not itself manufacture, is 500 employees.”

 

2. Paragraph (b), Submission of Offers.

 a. Delete the 1st sentence and substitute the following:

“Submit signed and dated offers as specified on page 4 of this solicitation at Block 9 on or before the 

exact due date/local time as specified on page 4 at Block 8.” 

In addition to submission of hardcopy proposals, you can also submit your proposal package electronically to 

HEPPLTCs@dla.mil. (Due to COVID19, we are currently on a maximum telework schedule). 

Note: Facsimile offers are NOT authorized for this solicitation. 

 

9. Paragraph (c), Period for Acceptance of Offers.

 Change “30 calendar days” to read “150 calendar days.”

TRUCKS AND TRAILERS INSTRUCTIONS TO OFFERORS

Offerors can propose on any/all segments of the Trucks and Trailers referenced. Pricing for each model offered shall include all 

standard commercially available equipment and attachments, price listed attachments and optional features for the model. 

Offerors must provide descriptive literature, specifications, along with any other information necessary to provide for the 

certification of the commerciality of all standard features and attachments, as well as optional features. Offerors shall ensure that 

each item complies with the latest Government regulations, emission standards etc. See clause 52.212-4(q), Other 

Compliances.

The equipment must be new, unused, and the manufacturer’s current commercial product. Each product proposed must be 

offered with all standard components that are listed in commercial product literature. Equipment shall be in operating condition, 

which may include but is not limited to having all fluid levels filled to normal operating ranges, when delivered to the destination. 

One paper and/or electronic set of commercial manuals consisting of operator’s instructions, service and repair manuals, and a 

complete parts list shall be over-packed with each item. 

Proposals must also include Electronic (CD) copies of the following: a copy of the manufacturer’s commercial specification sheet 

for each model, a listing of optional features available for each model, one copy of the commercial price list for each model, and 

all attachments and features. The offeror shall include in each basic unit price all applicable federal, state, and local taxes, 

including Federal Excise Tax (FET), for Continental United States (CONUS) delivery. 

Offerors must meet all criteria set forth in the solicitation and must meet the following solicitation requirements:

1.) Must meet the criteria for the Trucks and Trailers Product Line referenced in the Statement of Work of this solicitation.

2.) Commercial Catalog/Published Price Lists: copies (including one electronic copy -CD, no Jump-drives) of the current 

(dated or otherwise identified) commercial catalog with catalog prices listed. 

Established Catalog Price
28

1. As used herein, the term “established catalog price” is one for which a current catalog is maintained by the contractor for 

sales to the general public (or the manufacturer, if the contractor does not manufacture the item).

2. By signing the proposal the contractor represents:

(a) That the items to be delivered under any resulting order are supplies for which there is a catalog price.

(b) Any differences between the catalog price and or the contract price may be because of the requirements of the RFQs 

such as preservation, packaging, additional requirements for overseas shipments, or the amount included for extended 

warranty, transportation, and any additional discount.

Note: Special catalogs or price lists developed for the purpose of offering on this solicitation and showing only net prices to 

the Government or reference to previous submissions, are NOT acceptable.

3.) Attachment 1 -The Model Pricing and Discount Information sheet: must be completed and include each proposed 

product. A comprehensive (line by line) Model Pricing and Discount Information Excel spreadsheet is shown as Attachment #1 in 

the solicitation. Offerors are required to download the Excel spreadsheet from https://www.dibbs.bsm.dla.mil/ or the HEPP 

website (http://www.dla.mil/TroopSupport/ConstructionandEquipment/HeavyEquipment.aspx) and complete it, and submit it in 

the form of a compact disc with their proposals. It is also included as an attachment to this PDF (paperclip). Must submit it in 

hardcopy form and on a compact disc (CD) with your proposal.

Discounts: The discount pricing relationship shall be maintained throughout the five-year contract period.

Contract pricing will be based on catalog price minus discount. The amount of the discount offered should be greater than or 

equal to the discount offered to your most favored customer, unless adequately justified. At any time, the contractor can 

offer discounts greater than the discounts negotiated in the contract.

View of Attachment #1

(File embedded in this PDF file under the paperclip tab)

4.) Attachment 2 - Commercial Invoices: must be completed and include the information contained in each submitted 

commercial invoices. A comprehensive Excel spreadsheet is shown as Attachment #2 in the solicitation. Offerors are required to 

download the Excel spreadsheet from https://www.dibbs.bsm.dla.mil/ or the HEPP website 

(http://www.dla.mil/TroopSupport/ConstructionandEquipment/HeavyEquipment.aspx) and complete it, and submit it in the form of 

a compact disc with their proposals. It is also included as an attachment to this PDF (paperclip). Must submit it in hardcopy form 

and on a compact disc (CD) with your proposal.

View of Attachment #2

(File embedded in this PDF file under the paperclip tab)

Offerors proposing on six (6) or more items must submit at least three (3) commercial invoices for each of their five (5) 

highest selling items. Offerors proposing on two (2) to five (5) items must submit at least three (3) commercial invoices for 

Vendors are required to 

complete one (1) line for 

each model offered.

Description of Item Make / 

Model Number

Delivery 

(days after 

award)

Price 

List 

Page# 

 Base List 

Price 

% of Disc 

(Base Unit/1 

EA)

% of DISC. 

(Attachments/ 

Optional 

Features*

(1) Qty 

Range

(1) 

Disc %

(2)Qty 

Range

(2) 

Disc%

(3)Qty 

Range

(3) 

Disc %

Quantity Range Discount (if any). The quantity range 

discount specified will be applied to the net price of the base 

units and any attachments/optional features ordered 

(excluding freight) unless otherwise specified:

*The same discount will be 

applied to all 

attachments/optional features 

unless otherwise specified.

Top 

Selling 

Items

Description of Item Model # Base List 

Price

Govt 

Discount

Govt Price 

w/Discount

# of 

Invoices

 Invoice 

reference 

# 

Invoice 

Date

Base List 

Price @ 

Invoice

Customer Name Invoice Price 

(BASE Unit*) 

Customer 

Discount

1 #DIV/0!

2 #DIV/0!

3 #DIV/0!

4 #DIV/0!

5 #DIV/0!

6 #DIV/0!

7 #DIV/0!

8 #DIV/0!

9 #DIV/0!

10 #DIV/0!

11 #DIV/0!

12 #DIV/0!

13 #DIV/0!

14 #DIV/0!

15 #DIV/0!

*Invoice price should only be for the BASE UNIT, do NOT include all options and extra features. 

INVOICE ANALYSIS AND REVIEW

CURRENT PROPOSED PRICING

1

2

$0.00

$0.00

3

4

5

$0.00

$0.00

$0.00

COMMERCIAL INVOICE PRICING
29

each of their two (2) highest selling items. Offerors proposing on one (1) item must submit at least three (3) commercial 

invoices for the one proposed item. ATTENTION DEALERS: Offerors proposing on more than one (1) manufacturer’s 

product line must meet the above criteria for EACH proposed manufacturer’s product line.

INVOICE REQUIREMENTS ATTENTION AUTHORIZED DEALERS:

Offering 1 Manufacturer’s Product Line Offering 2 or More Manufacturer’s Product Line 

# of 

Products 

Offered

# Invoices 

Required 

PER Item

PER

"Highest 

Selling 

Items"

Total 

Invoices 

Required

# of Mfr's 

Product 

Lines 

Offered

# of 

Products 

Offered

# Invoices 

Required 

PER Item

PER

"Highest 

Selling 

Items"

Total 

Invoices 

Required

1 3 1 3

Mfr #1

1 3 1 3

2 to 5 3 2 6 2 to 5 3 2 6

6 or more 3 5 15 6 or more 3 5 15

Mfr #2

1 3 1 3

2 to 5 3 2 6

6 or more 3 5 15

Example: If you are offering at least 6 items from 

TWO different Manufacturer's product lines then you 

are required to submit at least 30 invoices 

(15 per each Manufacturer's product line)

It is requested that all submitted invoices are for commercial items that have been sold under the current catalog price. 

Offerors unable to submit commercial invoices that correspond to the current catalog price may submit other invoices but 

the offeror must also submit the concurrent catalog price list in effect at the time of the invoice(s). All submitted invoices 

must identify a manufacturer’s part number that is referenced in the commercial catalog and proposed under the solicitation. 

The government must be able to perform an analysis of the invoices and the corresponding price list to determine the 

commercially afforded discount, if any. Invoices that deviate from these criteria must be accompanied with supporting 

documentation that clarifies the invoice price compared to the catalog price to determine the commercially afforded discount, 

if any. The documentation must adequately support the invoice price for the base unit and all base unit options that may or 

may not be itemized on the invoice. Invoices must not be altered or redacted in any manner. The government reserves the 

right to request additional invoices at any time during the evaluation process.

5.) Discount Structure: Must identify the standard discount structure for customers and/or dealers. If different discount 

arrangements exist for different classes of customers or dealers, a detailed explanation of the discount for each such customer 

or dealer is required. 

6.) Original Equipment Manufacturers (OEMs) Letter of Commitment: Dealers and suppliers, other than the manufacturer, 

that wish to be considered for an award must submit an original letter of commitment from the manufacturer specifically 

addressing the products or product line, the offeror and the solicitation. The Original Equipment Manufacturers (OEMs) letter of 

commitment must confirm that the offeror is the OEM’s sole representative for the contract. The OEM’s letter of commitment 

must include assurance to provide the offeror a guaranteed, uninterrupted source of supply sufficient to satisfy the Government’s 

requirements for the contract period. Manufacturer’s letters of commitment for the same products or product line from more than 

one offeror will render all offerors for that manufacturer’s products or product line unacceptable.

7.) Warranty Requirements

FAR 12.404(a) requires contracting officers to take advantage of commercial warranties. Accordingly, offerors are requested to 

submit with their proposal an express warranty, offering the Government at least the same warranty terms, including offers of 

extended warranties, offered to the general public in customary commercial practice. Offerors must indicate in their proposal 

whether the express warranty is in lieu of, or in addition to, the implied warranties of merchantability and fitness for a particular 

purpose contained in FAR 52.212-4(o).

Any express warranty must meet the following minimum terms: 

1.) The equipment purchased under the contract will be sold by DLA Troop Support to our customers in the Military Services 

and Federal Agencies, and possibly State and/or Local governmental entities. Any proposed express warranty must apply 

to these subsequent users or purchasers.

2.) Any proposed express warranty must cover the equipment including if it is used or operated outside the United States. 

The warranty may not require equipment outside the United States to be shipped back to a domestic facility for repair.
30

3.) FAR 52.212-4(p) in the RFP states that "Except as otherwise provided by an express warranty, the Contractor will not be 

liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items." Language 

in a proposed express warranty attempting to further limit Contractor's liability to the Government, or attempting to limit 

Contractor's liability to third parties, may result in rejection of the offeror's proposal, or in the inclusion of a statement in the 

resultant contract that the express warranty applies only to the extent not prohibited by law or regulation.

4.) The warranty period must be in effect from the date of purchase or the date of delivery under the Troop Support delivery 

order. Earlier dates, such as the date of manufacture or date of delivery to the manufacturer's dealer, are not acceptable. 

5.) The warranty shall provide that Federal law applies, rather than the law of a State or other jurisdiction.

6.) The express warranty may not make the customer liable for taxes. FAR 52.212-4(k) provides that the contract price 

includes all applicable Federal, State, and local taxes and duties. 

7.) If the warranty requires the customer to return a registration card or form, the customer must be given at least ninety (90) 

days from the date of delivery to do so.

FAR 52.212-2 Evaluation –Commercial Items (OCT 2014)

 (a) The Government will award a contract resulting from this solicitation to the responsible offeror who takes no exception to 

the terms and conditions of the solicitation, meets all solicitation requirements and whose prices are determined to be fair and 

reasonable.

The following solicitation requirements shall be used to evaluate offers: 

>Must meet the criteria for the products/equipment referenced in the Statement of Work (SOW). 

>Must submit the documentation cited in the Addendum to FAR 52.212-1 Trucks and Trailers Instructions to Offerors. 

>All pertinent information referenced in this solicitation and required by the offeror must be submitted with the proposal. 

> All solicitation clauses that are required to be completed by the offeror must be submitted with the proposal. 

 (b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time 

for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s 

specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its 

receipt, unless a written notice of withdrawal is received before award.

FAR 52.212-3 Offeror Representations and Certifications Commercial Items (FEB 2021) Alternate I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and 

certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has 

not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through 

(v)) of this provision.

 (a) Definitions. As used in this provision—

 "Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on 

Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 

51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, 

one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR 

part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

 Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the 

worker does not offer himself voluntarily; or
31

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by 

process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or 

more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are 

not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, 

shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation 

under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

 (1) PSC 5510, Lumber and Related Basic Wood Materials;

 (2) Product or Service Group (PSG) 87, Agricultural Supplies;

 (3) PSG 88, Live Animals;

 (4) PSG 89, Subsistence;

 (5) PSC 9410, Crude Grades of Plant Materials;

 (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

 (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

 (8) PSC 9610, Ores;

 (9) PSC 9620, Minerals, Natural and Synthetic; and

 (10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or 

processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and 

reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications 

and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction 

activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and 

Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as 

that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can 

demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the 

Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

 (3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

 (5) Consist of providing goods or services that are used only to promote health or education; or

 (6) Have been voluntarily suspended."Sensitive technology"—

 Sensitive technology—
32

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

 (i) To restrict the free flow of unbiased information in Iran; or

 (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to 

regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 

1702(b)(3)).

 Service-disabled veteran-owned small business concern—

 (1) Means a small business concern—

 (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly 

owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, in 

the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such 

veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as 

defined in 38 U.S.C. 101(16).

 Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in 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 

size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power 

to control the others, or a third party or parties control or have the power to control the others. In determining whether 

affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and 

contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size 

standard applicable to the acquisition, that—

 (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined 

at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the 

applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, 

who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

 Subsidiary means an entity in which more than 50 percent of the entity is owned—

 (1) Directly by a parent corporation; or

 (2) Through another subsidiary of a parent corporation
33

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the 

predecessor under a new name (often through acquisition or merger). The term "successor" does not include new 

offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the 

successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

 Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of 

any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

 (2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), 

means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and 

daily business operations of which are controlled by, one or more women who are citizens of the United States.

 Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 

percent of the stock of which is owned by one or more women; and

 (2) Whose management and daily business operations are controlled by one or more women.

 (b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do 

not automatically change the representations and certifications in SAM

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through 

http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations 

and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial 

Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation 

(including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer 

is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

 [Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes 

of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and 

complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the 

representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its 

outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in 

paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small 

business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteranowned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is 

not a service-disabled veteran-owned small business concern.
34

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in 

paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as 

defined in 13 CFR124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in 

paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned 

small business concern in paragraph (c)(5) of this provision.] The offeror 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 (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in 

the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and 

other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the 

WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented 

itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i) It □ is, □ is not an EDWOSB concern, 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 (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror 

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.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition 

threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned 

business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror 

represents that it □ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor 

surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) 

amount to more than 50 percent of the contract price:____________________________________

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in 

paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, 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 (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating 

in the HUBZone joint venture. [The offeror 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.

 (d) Representations required to implement provisions of Executive Order11246-
35

(1) Previous contracts and compliance. The offeror represents that-

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this 

solicitation; and

 (ii) It □ has, □ has not filed all required compliance reports.

 (2) Affirmative Action Compliance. The offeror represents that-

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative 

action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and 

regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352). (Applies 

only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge 

and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to 

influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a 

Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the 

Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror 

shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the 

registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable 

compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, 

is included in this solicitation.)

 (1)

 (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end 

product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify 

as domestic end products.

(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause 

of this solicitation entitled "Buy American-Supplies."

 (2) Foreign End Products: 

Line Item No. Country of Origin

______________ _________________

______________ _________________

______________ _________________

 [List as necessary] 

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

 (g) (1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy 

American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)
36

(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a 

domestic end product.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end 

product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," 

"Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free 

Trade Agreements-Israeli Trade Act."

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, 

Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation 

entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian 

End Products) or Israeli End Products:

Line Item No. Country of Origin

______________ _________________

______________ _________________

______________ _________________

 [List as necessary] 

 (iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this 

provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The Offeror 

shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end 

products.

 Other Foreign End Products: 

Line Item No. Country of Origin

______________ _________________

______________ _________________

______________ _________________

 [List as necessary] 

 (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

 (2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3

is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

 (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation 

entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

 Canadian End Products: 

Line Item No.

_______________________________________

_______________________________________

_______________________________________
37

 [List as necessary] 

 (3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3

is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

 (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the 

clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

 Canadian or Israeli End Products: 

Line Item No. Country of Origin

______________ _________________

______________ _________________

______________ _________________

 [List as necessary] 

 (4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is 

included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

 (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, 

Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation 

entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or

Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

______________ _________________

______________ _________________

______________ _________________

 [List as necessary] 

 (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this 

solicitation.)

 (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or 

designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

 (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end 

products.

 Other End Products: 

Line Item No. Country of Origin

_______________ __________________

_______________ __________________

______________ __________________

 [List as necessary] 
38

 (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line items 

covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the 

restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end 

products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are 

insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to 

exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or 

any of its principals–

(1) □ Are, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts 

by any Federal agency;

(2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered 

against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a 

Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the 

submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making

false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of 

any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an 

amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

 (i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not 

finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the 

liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax 

liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection 

action is precluded.

(ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the 

taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax 

liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all 

judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been 

issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting 

the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the 

hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior 

opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer 

seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely 

payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is 

not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action 

is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

 (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer 

must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring 

Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]
39

 (1) Listed end products.

Listed End Product Listed Countries of Origin

___________________ ___________________

___________________ ___________________

 (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this 

provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

(i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or 

manufactured in the corresponding country as listed for that product.

(ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or 

manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith 

effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end 

product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use 

of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end 

products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects 

to provide in response to this solicitation is predominantly-

(1) □ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United 

States exceeds the total anticipated price of offered end products manufactured outside the United States); or

 (2) □ Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards (Certification by the 

offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if 

it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) 

applies.]

(1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror □ does □ does 

not certify that–

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and 

are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the 

general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 

22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be 

the same as that used for these employees and equivalent employees servicing the same equipment of commercial 

customers.

 (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror □ does □ does not certify that-

 (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the 

offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of 

normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see 

FAR 22.1003-4(d)(2)(iii));
40

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her 

time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of 

available hours during the contract period if the contract period is less than a month) servicing the Government contract; and

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the 

same as that used for these employees and equivalent employees servicing commercial customers.

 (3) If paragraph (k)(1) or (k)(2) of this clause applies–

 (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a 

Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as 

soon as possible; and

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph 

(k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.

(l) Taxpayer Identification Number (TIN) ( 26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this 

information to the SAM to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt 

collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and 

implementing regulations issued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror’s 

relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting 

requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of 

the offeror’s TIN.

 (3) Taxpayer Identification Number (TIN).

 TIN: ________________________________.

 TIN has been applied for.___________________________________________

 TIN is not required because:_____________________________________

Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected 

with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal 

paying agent in the United States;

 Offeror is an agency or instrumentality of a foreign government;

 Offeror is an agency or instrumentality of the Federal Government.

 (4) Type of organization.

 Sole proprietorship;

 Partnership;

 Corporate entity (not tax-exempt);

 Corporate entity (tax-exempt);

 Government entity (Federal, State, or local);
41

 Foreign government;

 International organization per 26 CFR1.6049-4;

 Other ________________________________.

 (5) Common parent.

 Offeror is not owned or controlled by a common parent;

 Name and TIN of common parent:

 Name ________________________________.

 TIN _________________________________.

 (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any 

restricted business operations in Sudan.

 (n) Prohibition on Contracting with Inverted Domestic Corporations.

(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an 

inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the 

requirement is waived in accordance with the procedures at 9.108-4.

 (2) Representation. The Offeror represents that–

 (i) It □ is, □ is not an inverted domestic corporation; and

 (ii) It □ is, □ is not a subsidiary of an inverted domestic corporation.

 (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.

(1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

 (2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this 

provision, by submission of its offer, the offeror-

 (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the 

government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of 

Iran;

 (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which 

sanctions may be imposed under section 5 of the Iran Sanctions Act; and

 (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any 

transaction that exceeds the threshold at FAR 25.703-2(a)(2) with Iran’s Revolutionary Guard Corps or any of its officials, agents, or 

affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (et 

seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resourcecenter/sanctions/SDN-List/Pages/default.aspx).

 (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if-

 (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and
42

(ii) The offeror has certified that all the offered products to be supplied are designated country end products.

 (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a 

requirement to have a unique entity identifier in the solicitation).

(1) The Offeror represents that it □ has or □ does not have an immediate owner. If the Offeror has more than one immediate 

owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this 

provision for each participant in the joint venture.

 (2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information:

 Immediate owner CAGE code: ____________________.

 Immediate owner legal name: _____________________.

 (Do not use a "doing business as" name)

 Is the immediate owner owned or controlled by another entity: □ Yes or □ No.

 (3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled 

by another entity, then enter the following information:

 Highest-level owner CAGE code: __________________.

 Highest-level owner legal name: ___________________.

 (Do not use a "doing business as" name)

(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

(1) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 

(Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, The Government will not enter into a 

contract with any corporation that–

(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have 

been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority 

responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency 

has considered suspension or debarment of the corporation and made a determination that suspension or debarment is 

not necessary to protect the interests of the Government; or

(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding 

agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and 

made a determination that this action is not necessary to protect the interests of the Government.

 (2) The Offeror represents that–

 (i) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and 

administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an 

agreement with the authority responsible for collecting the tax liability; and

 (ii) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 

months.

 (r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity 

Code Reporting.)
43

 (1) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the 

last three years.

 (2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following information for all predecessors that 

held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

 Predecessor CAGE code: (or mark "Unknown").

 Predecessor legal name: ________________________.

 (Do not use a "doing business as" name).

 (s) [Reserved].

 (t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register 

in SAM (12.301(d)(1)).

 (1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior Federal 

fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal 

fiscal year.

 (2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)].

(i) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not publicly disclose greenhouse gas 

emissions, i.e., makes available on a publicly accessible website the results of a greenhouse gas inventory, performed in accordance 

with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate 

Standard.

(ii) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not publicly disclose a 

quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible website a target to 

reduce absolute emissions or emissions intensity by a specific quantity or percentage.

(iii) A publicly accessible website includes the Offeror's own website or a recognized, third-party greenhouse gas 

emissions reporting program.

(3) If the Offeror checked "does" in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall provide the 

publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported:_________________.

 (u)

(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. 

L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government 

agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with an entity that requires

employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or 

statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to 

a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such 

information.

(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to Standard Form 312 

(Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure

Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified 

information.

(3) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to 

sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or 

subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a 
44

designated investigative or law enforcement representative of a Federal department or agency authorized to receive such 

information (e.g., agency Office of the Inspector General).

(v) Covered Telecommunications Equipment or Services-Representation. Section 889(a)(1)(A) and section 889 (a)(1)(B) of Public 

Law 115-232.

(1) The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for 

entities excluded from receiving federal awards for "covered telecommunications equipment or services".

 (2) The Offeror represents that–

 (i) It□ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or 

services to the Government in the performance of any contract, subcontract, or other contractual instrument.

 (ii) After conducting a reasonable inquiry for purposes of this representation, that it □ does, □ does not use covered 

telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or 

services.

(End of Provision)

Alternate I (Oct2014). As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision:

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

____ Black American.

____ Hispanic American.

____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, 

Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, 

Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga,

Kiribati, Tuvalu, or Nauru).

____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the 

Maldives Islands, or Nepal).

____ Individual/concern, other than one of the preceding.

Addendum to FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (continued)

DFARS 252.225-7020 Trade Agreements Certificate — Basic (NOV 2014)

(a) Definitions. “Designated country end product,” “non-designated 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—
45

(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 non-designated country end products:

(Line Item Number) (Country of Origin)

_______________________ ______________________________

DFARS 252.247-7022 Representation of Extent of Transportation by Sea (June 2019)

(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of

supplies by sea is anticipated under the resultant contract. The term “supplies” is defined in the Transportation of Supplies by Sea 

clause of this solicitation.

(b) Representation. The Offeror represents that it—

_____ Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting 

from this solicitation.

_____ Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting 

from this solicitation.

(c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. 

Place of Performance – Government Inspection, Acceptance and Shipping Point 

(a) Place of performance:

[ ] (1) Items will be manufactured at the following locations: (To be supplied with the offer by the offeror)

ITEM NO. PLANT NAME AND ADDRESS 

 ______ ___________________________________ 

 ______ ___________________________________ 

 ______ ___________________________________ 
46

[ ] (2) Items will be furnished from stock. The manufacturer (not the dealer) is as follows: (To be supplied with the offer by 

the offeror)

ITEM NO. NAME AND ADDRESS OF MANUFACTURER 

 ______ ___________________________________ 

 ______ ___________________________________ 

 ______ ___________________________________ 

(b) Place of packaging, packing and marking: (To be supplied with the offer by the offeror)

[ ] (1) Same as shown in (a)(1) above.

[ ] (2) As shown below:

ITEM NO. PACKAGING PLANT NAME AND ADDRESS 

 ______ ___________________________________ 

 ______ ___________________________________ 

 ______ ___________________________________ 

(c) Place of Government inspection: - WILL BE SPECIFIED ON DELIVERY ORDER

[X] (1) Material inspection, except as may be indicated in (c)(2), will be made at the follow locations:

ITEM NO. PLANT NAME AND ADDRESS GOVERNMENT INSPECTION OFFICE 

 ______ ___________________________________ 

 ______ ___________________________________ 

______ ___________________________________

[ ] (2) Packaging, packing and marking inspection (if other than (c)(1) above) will be made at the following location: (To be 

supplied with the offer by the offeror)

ITEM NO. PLANT NAME AND ADDRESS GOVERNMENT INSPECTION OFFICE 

 ______ ___________________________________ 

 ______ ___________________________________ 

 ______ ___________________________________

[ X ] (3) At destination.

(d) Place of acceptance: WILL BE SPECIFIED ON DELIVERY ORDER

[ X ] (1) At the plant shown and by the Government inspection office shown in (c)(1) above

[ ] (2) At the plant shown and by the Government inspection office shown in (c)(2) above.

[ X ] (3) At destination by the receiving authority.

(e) Applicable to free on board (f.o.b.) origin shipments on Government bill of lading awards only. Shipment will be made from 

the Contractor’s or subcontractor plant(s) identified below. These shipping points were used in the evaluation of Contractor’s 

f.o.b. origin offer. If the Contractor ships from a place other than as identified herein, any increase in transportation costs shall be 

borne by the Contractor and any savings shall revert to the Government. Not/Applicable

[ ] (1) Same as shown in (a)(1) above.

[ ] (2) As shown below:
47

Item Number Name and Address of Shipping Point

ITEM NO. PLANT NAME AND ADDRESS OF SHIPPING POINT 

 ______ ___________________________________ 

 ______ ___________________________________ 

 ______ ___________________________________

(To be supplied with the offer by the offeror)

(f) The performance of any of the work contracted for in any place other than that named above is prohibited unless approved in 

writing in advance by the Contracting Officer.

The following additional provisions are set forth in full text:

FAR 52.216-1 Type of Contract (APR 1984)

The Government contemplates award of a fixed price with economic price adjustment contract resulting from this solicitation.

DLAD 52.233-9001 Disputes: Agreement To Use Alternate Dispute Resolution (NOV 2011)

 (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 FAR 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 counsel (see DLA Directive 5145.1). Contractor personnel are also encouraged to include the ADR 

Specialist in their discussions with the contracting officer before determining ADR to be inappropriate.

 (c) If you wish to opt out of this clause, check here [ ]. Alternate wording may be negotiated with the contracting officer.

The Contractor shall comply with any clause that is checked on the following list which, if checked, is included in this contract by 

reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.

1. __X__FAR 52.203-3, Gratuities (APR 1984)

2. __X__DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011)

3. __X__DFARS 252.203-7003, Agency Office of the Inspector General (DEC 2012)

4. __X___ DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials (NOV 2011)

5. _____ DFARS 252.204-7011, Alternative Line Item Structure (SEP 2011)

6. _X___ DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (OCT 2016)

7. _____ DFARS 252.204-7013, Limitations on the Use or Disclosure of Information by Litigation Support Offerors (MAY 2016)

8. _____ DFARS 252.204-7014, Limitations on the Use or Disclosure of Information by Litigation Support Contractors (MAY 

2016)

9. __X__ DFARS 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support (MAY 2016)

10. __X__ DFARS 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991)

11. __X__DFARS 252.211-7003, Item Unique Identification and Valuation (MAR 2016)

12. __X_ DFARS 252.211-7006, Passive Radio Frequency Identification (JUN 2016)

13. ____ DFARS 252.211-7007, Reporting of Government-Furnished Property (AUG 2012)

14. _____ DFARS 252.212-7002, Pilot Program for Acquisition of Military-Purpose Non developmental Items (JUN 2016)

15. _____ DFARS 252.215-7003, Requirements for Submission of Data Other Than Certified Cost or Pricing Data—Canadian 

Commercial Corporation (JUL 2012)

16. _____ DFARS 252.215-7004, Requirement for Submission of Data other Than Certified Cost or Pricing Data—

Modifications—Canadian Commercial Corporation (OCT 2013)

17. _____ DFARS 252.215-7007, Notice of Intent to Resolicit (JUN 2012)

18. _____ DFARS 252.215-7008, Only One Offer (OCT 2013)

19. __X__ FAR 52.219-9 Small Business Subcontracting Plan (DEVIATION 2016-O0009) (AUG 2016)

a. _____Alternate I (AUG 2016) of 52.219-9 (DEVIATION 2016-O0009)
48

b. _X__ Alternate II (AUG 2016) of 52.219-9 (DEVIATION 2016-O0009)

c. _____Alternate III (AUG 2016) of 52.219-9 (DEVIATION 2016-O0009)

20. __X__ DFARS 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) - Basic (MAR 2016)

21. _____ DFARS 252.219-7004, Small Business Subcontracting Plan (Test Program) (OCT 2014)

22. _X___ DFARS 252.223-7008, Prohibition of Hexavalent Chromium (JUN 2013)

23. _____ DFARS 252.225-7000, Buy American—Balance of Payments Program Certificate (NOV 2014)

a. _____Alternate I (NOV 2014) of 52.225-7000

24. _____ DFARS 252.225-7001, Buy American and Balance of Payments Program - Basic (AUG 2016)

a. _____Alternate I (NOV 2014) of 252.225-7001

25. ___ DFARS 252.225-7008, Restriction on Acquisition of Specialty Metals (MAR 2013)

26. _X__ DFARS 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (OCT 2014)

27. _____ DFARS 252.225-7010, Commercial Derivative Military Article—Specialty Metals Compliance Certificate (JUL 2009)

28. __X__ DFARS 252.225-7012, Preference for Certain Domestic Commodities (AUG 2016)

29. _____ DFARS 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005)

30. __X__ DFARS 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (JUN 2011)

31. _____ DFARS 252.225-7017, Photovoltaic Devices (AUG 2016)

32. _____ DFARS 252.225-7018, Photovoltaic Devices—Certificate (SEP 2016)

33. _____ DFARS 252.225-7020, Trade Agreements Certificate (NOV 2014)

a. _____Alternate I (NOV 2014) of 252.225-7020

34. __X__ DFARS 252.225-7021, Trade Agreements (SEP 2016)

a. _____Alternate II (SEP 2016) of 252.225-7021

35. _____ DFARS 252.225-7023, Preference for Products or Services from Afghanistan (SEP 2013)

36. _____ DFARS 252.225-7024, Requirement for Products or Services from Afghanistan (SEP 2013)

37. _____ DFARS 252.225-7026, Acquisition Restricted to Products or Services from Afghanistan (SEP 2013)

38. __X _ DFARS 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003)

39. __X__DFARS 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003)

40. _____ DFARS 252.225-7029, Acquisition of Uniform Components for Afghan Military or Afghan National Police (SEP 2013)

41. __X__ DFARS 252.225-7031, Secondary Arab Boycott of Israel (JUN 2005)

42. _____ DFARS 252.225-7035, Buy American—Free Trade Agreements—Balance of Payments Program Certificate (NOV 

2014)

a. _____Alternate I (NOV 2014) of 252.225-7035

b. _____Alternate II (NOV 2014) of 252.225-7035

c. _____Alternate III (NOV 2014) of 252.225-7035

d. _____Alternate IV (NOV 2014) of 252.225-7035

e. _____Alternate V (NOV 2014) of 252.225-7035

43. _____ DFARS 252.225-7036, Buy American --Free Trade Agreements--Balance of Payment Program - Basic (AUG 2016)

a. _____Alternate I (AUG 2016) of 252.225-7036

b. _____Alternate II (AUG 2016) of 252.225-7036

c. _____Alternate III (AUG 2016) of 252.225-7036

d. _____Alternate IV (AUG 2016) of 252.225-7036

e. _____Alternate V (AUG 2016) of 252.225-7036

44. _____ DFARS 252.225-7040, Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States 

(AUG 2015)

45. _____ DFARS 252.225-7043, Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States (JUN 

2015)

46. __X__ DFARS 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian 

Small Business Concerns (SEP 2004)

47. _____ DFARS 252.227-7013, Rights in Technical Data – Noncommercial Items (FEB 2014)

48. __X__DFARS 252.227-7015, Technical Data -- Commercial Items (FEB 2014)

49. _X___ DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 2016)

50. __X__ DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (JUN 2012)

51. _____ DFARS 252.232-7009, Mandatory Payment by Government wide Commercial Purchase Card (DEC 2006)

52. __X__ DFARS 252.232-7010, Levies on Contract Payments (DEC 2006)

53. _____ DFARS 252.232-7011, Payments in Support of Emergencies and Contingency Operations (MAY 2013)

54. _____ DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (JUN 2013)

55. _____ DFARS 252.237-7019, Training for Contractor Personnel Interacting with Detainees (JUN 2013)

56. _____ DFARS 252.239-7017, Notice of Supply Chain Risk (NOV 2013)

57. _____ DFARS 252.239-7018, Supply Chain Risk (OCT 2015)

58. __X__DFARS 252.243-7002, Requests for Equitable Adjustment (DEC 2012) 

59. __X__ DFARS 252.244-7000, Subcontracts for Commercial Items (JUN 2013)

60. _____ DFARS 252.246-7003, Notification of Potential Safety Issues (JUN 2013)

61. _____ DFARS 252.246-7004, Safety of Facilities, Infrastructure, and Equipment for Military Operations (OCT 2010) 
49

62. _____ DFARS 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUN 2013) 

63. _____ DFARS 252.247-7022, Representation of Extent of Transportation by Sea (AUG 1992)

64. __X__ DFARS 252.247-7023, Transportation of Supplies by Sea (APR 2014).

a. __ ___ Alternate I (APR 2014) of 252.247-7023.

b. _____Alternate II (APR 2014) of 252.247-7023

65. _____ DFARS 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) 

66. _____ DFARS 252.247-7025, Reflagging or Repair Work (JUN 2005)

67. _____ DFARS 252.247-7026, Evaluation Preference for Use of Domestic Shipyards – Applicable to Acquisition of Carriage 

by Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade (NOV 2008)

68. _____ DFARS 252.247-7027, Riding Gang Member Requirements (OCT 2011) 

69. _____ DFARS 252.247-7028, Application for U.S Government Shipping Documentation/Instructions (JUN 2012)

In addition to the clauses listed in paragraph (e) of FAR 52.212-5, Contract Terms and Conditions Required to Implement 

Statutes or Executive Orders-Commercial Items, the Contractor shall include the terms of the following clauses, if applicable, in 

subcontracts for commercial items or commercial components, awarded at any tier under this contract:

1. DFARS 252.227-7013, Rights in Technical Data – Noncommercial Items (FEB 2014)

2. DFARS 252.227-7015, Technical Data – Commercial Items (FEB 2014)

3. DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 2016)

4. DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (JUN 2013)

5. DFARS 252.237-7019, Training for Contractor Personnel Interacting with Detainees (JUN 2013)

6. DFARS 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUN 2013)

7. DFARS 252.247-7023, Transportation of Supplies by Sea (APR 2014)

8. DFARS 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020).

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not 

provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the 

performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered 

Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror 

Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this 

provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, 

system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or 

in paragraph (v)(2)(ii) of the provision at 52.212-3.

 (a) Definitions. As used in this provision—

 Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable 

inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on 

Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

 (b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the 

head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure 

or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or 

essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

 (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of 

a third-party, such as backhaul, 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 
50

covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal 

contract. Nothing in the prohibition shall be construed to—

 (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of 

a third-party, such as backhaul, roaming, or interconnection arrangements; or

 (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any 

user data or packets that such equipment transmits or otherwise handles.

 (c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) 

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

 (d) Representation. The Offeror represents that—

 (1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any 

contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure 

information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

 (2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

 It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that 

uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at 

paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

 (e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in 

paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

 (i) For covered equipment—

 (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, 

CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

 (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM 

number, manufacturer part number, or wholesaler number; and item description, as applicable); and

 (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if 

such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

 (ii) For covered services—

 (A) If the service is related to item maintenance: A description of all covered telecommunications services offered 

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler 

number; and item description, as applicable); or

 (B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation 

of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible 

under the prohibition in paragraph (b)(1) of this provision.

 (2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the 

representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

 (i) For covered equipment—
51

 (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, 

CAGE code, and whether the entity was the OEM or a distributor, if known);

 (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM 

number, manufacturer part number, or wholesaler number; and item description, as applicable); and

 (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if 

such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

 (ii) For covered services—

 (A) If the service is related to item maintenance: A description of all covered telecommunications services offered 

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler 

number; and item description, as applicable); or

 (B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of 

covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in 

paragraph (b)(2) of this provision.

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020).

 (a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have 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)

(1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a 

part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual 

instrument. 

 (2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not 

use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications 

equipment or services. 

(End of provision)

END OF SOLICITATION