SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000087524

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE 

DATE

4. ORDER NUMBER

SPE3S1-20-R-0005

5. SOLICITATION NUMBER

2020 JUN 09

6. SOLICITATION ISSUE 

 DATE

Jennifer Dam PSPTRA3

a. NAME

Phone: 215-737-7898

b. TELEPHONE NUMBER (No Collect

 calls)

2020 JUL 09

8. OFFER DUE DATE/ 

LOCAL TIME

9. ISSUED BY CODE SPE3S1

DLA TROOP SUPPORT 

SUBSISTENCE SUPPLY CHAIN 

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: 311999

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINATION UNLESS BLOCK IS 

MARKED

12. DISCOUNT TERMS 

 

13a. THIS CONTRACT IS A 

RATED ORDER UNDER 

DPAS (15 CFR 700)

 13b. RATING

 14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE 

 OFFEROR

FACILITY 

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

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

OFFER

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

BELOW IS CHECKED

19. 

ITEM NO.

20. 

 SCHEDULE OF SUPPLIES/SERVICES

21. 

QUANTITY

 22. 

 UNIT

23. 

UNIT PRICE

24. 

AMOUNT

See Schedule

 

 

 

 

 

 

 

 

 

 

 

 

 

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND 

 

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER 

 

DATED . YOUR OFFER ON SOLICITATION 

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

SEE SCHEDULE

7. FOR SOLICITATION 

INFORMATION CALL:

SEE SCHEDULE

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION 

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

PAGE 1 OF 66
32a. QUANTITY IN COLUMN 21 HAS BEEN

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

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20. 

 SCHEDULE OF SUPPLIES/SERVICES

21. 

QUANTITY

 22. 

 UNIT

23. 

UNIT PRICE

24. 

AMOUNT

19. 

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT 

REPRESENTATIVE

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

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR 

37. CHECK NUMBER

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

42a. RECEIVED BY (Print)

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

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

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)
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SECTION A - SOLICITATION/CONTRACT FORM

TECHNICAL REQUIREMENTS

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

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

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

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

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

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

 

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

 

TABLE OF CONTENTS 

 

FOR SOLICITATION SPE3S1-20-R-0005 

Boil-In-Bag Dehydrated Egg Mix, Reduced Cholesterol 

For Unitized Group Rations Heat & Serve and M 

 

Page 

 

4 CAUTION NOTICE 

9 PRICING 

10 CONTRACT CLAUSES 

10 ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS 

 

33 52.252-2 CLAUSES INCORPORATED BY REFERENCE 

 

34 STATEMENT OF WORK AND TECHNICAL /QUALITY DATA 

 

49 SOLICITATION PROVISIONS 

49 ● 52.212-1 Instructions to Offerors --Commercial Items, (by reference) 

 

38 ● 52.212-2 Evaluation --Commercial Items 

51 ● 52.212-3 Offeror Representations and Certifications --Commercial Items 

63 ● 52.215-6 Place of Performance 

 

65 ● 52.216-1 Type of Contract 

65 ● 52.252-1 Solicitation Provisions Incorporated by Reference 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

CAUTION NOTICES 

 

 

THE SUBJECT PROCUREMENT IS BEING SOLICITED UNDER THE FEDERAL ACQUISITION REGULATIONS (FAR) PART 12 AS TOTALLY SETASIDE FOR SMALL BUSINESS. Solicitation SPE3S1-20-R-0005 is for Boil-In-Bag Reduced Cholesterol Dehydrated Egg Mix for the 

Unitized Group Ration Heat and Serve (UGR-H&S) and Unitized Group Ration M (UGR-M) Programs. 

 

Trade Off Source Selection Procedures will be used for this acquisition. This Solicitation will result in a Fixed Price with 

Economic Price Adjustment, Indefinite Delivery/Quantity Type Contract. See FAR Provision 52.212-2 Evaluation - 

Commercial Items for evaluation criteria. 

 

The resulting contract will be for a four (4) years Tiered Period. Acceptance of each of the Tiers is mandatory. Failure to 

indicate acceptance of each Tier by annotating the offeror's unit prices as described in the Schedule of Supplies Blocks 

19-24, may be deemed as non-acceptance of the terms and conditions, and may result in rejection of the offeror's entire 

proposal. 

 

Offerors are cautioned to take extreme care when preparing proposals for this solicitation. All terms and conditions should 

be reviewed carefully. 

 

 

Alternate pricing will NOT be accepted. 

 

OFFEROR IS REQUIRED TO SUBMIT ONE ORIGINAL PROPOSAL PLUS TWO(2) COMPLETE COPIES. 

 

THE GOVERNMENT INTENDS TO AWARD TO THE RESPONSIBLE OFFEROR WHOSE OFFER CONFORMING TO THE 

SOLICITATION REQUIREMENTS WILL BE MOST ADVANTAGEOUS TO THE GOVERNMENT, TECHNICAL FACTORS, 

SUBMISSION REQUIREMENTS AND PRICE CONSIDERED. THE GOVERNMENT RESERVES THE RIGHT TO AWARD TO 

OTHER THAN THE LOWEST PRICED OFFEROR. .

 

Offerors are cautioned to include a completed copy of the provision FAR 52.212-3 Offeror Representations and Certifications-Commercial 

Items, with their offer. The Offeror shall complete only paragraph(b) of this provision if the Offeror has completed the annual 

representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.

acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete 

only paragraphs (c) through (p) of this provision. 

 

The Government may utilize a Reverse Auction under this solicitation. 

 

Proposals submitted are considered proprietary and/or competition sensitive in nature. Use of the information provided in the proposals 

is for evaluation purposes only and will be limited to duly accredited officials of the Department of Defense who are subject to penalties 

for unlawful disclosure. 
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SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)

 

PLEASE NOTE, TAKING EXCEPTION TO ANY OF THE TERMS AND CONDITIONS OF THE SOLICITATION MAY DEEM YOUR PROPOSAL 

“TECHNICALLY UNACCEPTABLE” AND POSSIBLY REMOVE YOUR COMPANY FROM CONSIDERATION FOR AWARD. 

 

THIS SOLICITATION IS ISSUED ON A “TOTAL SMALL BUSINESS SET-ASIDE” BASIS. 

 

 

 

 

 

RapidGate 

 

Many bases currently require enrollment in RapidGate and will not allow entry without RapidGate clearance. During the contract 

implementation period, the Contractor must contact all customer locations to determine whether enrollment in RapidGate or another 

security program is required for access to each location. If RapidGate or other security enrollment is required, the contractor must take 

all necessary steps to obtain this in time for the start of performance under this contract. Failure to have RapidGate clearance may result 

in a vendor being turned away from the base and being unable to complete delivery. The contractor is responsible for the additional 

cost for RapidGate enrollment and must ensure that a RapidGate enrolled driver is available for all deliveries. We currently estimate that 

RapidGate enrollment will cost about $250 per company and $200 per enrolled employee for 1 year of access to multiple locations, but 

the cost of RapidGate or other security enrollment may vary, so the contractor should contact RapidGate to determine its own costs. If 

more than one driver is required, RapidGate enrollment must be obtained for each driver. Note that enrollment can take several weeks, 

so an awardee that is not already enrolled must begin enrollment at the time of award notification at the latest. If difficulty or delay in 

enrollment in RapidGate is encountered during the implementation period, the contractor MUST contact RapidGate and/or the Security 

Officer at the applicable customer locations to resolve any issues with processing RapidGate enrollment so that the contractor will be 

able to deliver as required. For additional information regarding RapidGate, including enrollment instructions, please visit their website 

at www.rapidgate.com. 

 

Please note that RapidGate is currently a requirement for access to some military bases; however, these and other locations may require 

enrollment in other security programs at some time in the future. In this event, the contractor is responsible for obtaining all required 

enrollments and clearances for each of their drivers as soon as they receive notice of such a requirement. 

CONTRACTOR CODE OF BUSINESS ETHICS (FEB 2012) 

 

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

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

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

facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective 

measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure by a principal to 

timely disclose to the government, in connection with the award, performance, or closeout of a government contract performed by the 

contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of 

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

3729-3733) 

 

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

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

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

report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the 

United States Code or any violations of the False Claims Act. (31 U.S.C. 3729-3733). When FAR 52.203-13 is included in the contract, 

contractors must provide a copy of its written code of business ethics and conduct to the contracting officer upon request by the 

contracting officer. 

 

WIDE AREA WORKFLOW 

 

ALL SUPPLIERS ARE REQUIRED TO PROCESS INVOICES ELECTRONICALLY THROUGH WIDE AREA WORKFLOW (WAWF). WAWF a secure 

web based system for electronic invoicing, receipt, acceptance, and property transfer. WAWF allows government vendors to submit and 
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SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)

track invoices and receipt/acceptance documents over the web and allows government personnel to process those invoices in a realtime, paperless environment. It is also the only application that will be used to capture the Unique Identification (UID) of Tangible Items 

information. WAWF is in accordance with the 2001 National Defense Authorization Act (DFARS 252.232-7003/252.232.7003 Electronic 

Submission of Payment Requests and Receiving Reports) which requires claims for payment under a Department of Defense Contract to 

be submitted in electronic form. As of March 03, 2008, DOD has issued a final rule amending the Defense Federal Acquisition Regulation 

supplement (DFARS) to require use of the Wide Area Workflow as the only acceptable electronic system for submitting requests for 

payment (invoices and receiving reports) under DOD contracts. For access to the WAWF system, please go to the following website: 

https://wawf.eb.mil/.  

 

 

NOTICE TO OUR VALUED SUPPLIERS 

 

 

THE FOLLOWING ATTACHED FORMS REQUIRE INFORMATION TO BE FURNISHED BY EACH OFFEROR. 

 

Any questions may be directed to the Contract Specialist, Jennifer Dam at telephone number 215-737-7898 or email jennifer.dam@dla.

mil,

 

1. Complete Standard Form 1449, Blocks 17a, 17b, 30a, b and c. 

 

2. Complete all Supplies/Prices “Schedule” sheets (Offered Prices). 

 

3. Complete the CAGE Code and DUNS number spaces on this page. 

 

4. Complete all of the following and any additional Offeror Representations and Certifications: 

 

a. AUTHORIZED NEGOTIATORS 

 

b. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS --COMMERCIAL ITEMS 

 

c. PLACE OF PERFORMANCE 

 

Please submit the following identification numbers: 

 

CAGE CODE: _____________________ DUNS#:___________________________________ 

 

 

 

SYSTEM FOR AWARD MANAGEMENT (FORMERLY CENTRAL CONTRACTOR REGISTRATION) 

 

The System for Award Management (SAM) is a Federal Government owned and operated free web site that consolidates the capabilities 

in SAM/FedReg, ORCA, and EPLS. Future phases of SAM will add the capabilities of other systems used in Federal procurement and 

awards processes. ALL VENDORS MUST REGISTER OR UPDATE THEIR PROFILE IN THE “SYSTERM FOR AWARD 

MANAGEMENT” (SAM) DATABASE TO BE ELIGIBLE FOR AWARD (SEE FAR CLAUSE 52.212-4(t)). Your CAGE code must be active and 

there must be at least one individual listed as the Electronic Business Point of Contact (EB POC) in SAM. To register or update profile 

please go to the SAM website at: http://www.sam.gov.
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SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)

 

 

 

 

 

 

 

 

 

 

CONTINUATION OF BLOCKS FROM SF 1449 

1. Block 8

 

OFFER DUE DATE/LOCAL TIME: Jul 09, 2020 at 3:00PM (EST), PHILADELPHIA TIME 

 

2. Block 9

 

All offers/modifications/withdrawals must be plainly marked on the OUTERMOST ENVELOPE with the solicitation number, closing date, 

and time set for the receipt of offers. 

 

Send MAILED OFFER to: 

 

Defense Logistics Agency 

DLA Troop Support 

Post Office Box 56667 

Philadelphia, PA 19111-6667 

Solicitation Number: SPE3S1-20-R-0005 

Closing Date and Time: Jul 09, 2020 at 3:00PM (EST)

 

Address and Deliver “HAND CARRIED” offers, including delivery by commercial carrier, to: 

 

DLA Troop Support 

Business Opportunities Office 

Bldg. 45-C-167

700 Robbins Avenue 

Philadelphia, PA 19111-5092 

Solicitation Number: SPE3S1-20-R-0005 

Closing Date and Time: Jul 09, 2020 at 3:00PM (EST)

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. 

 

ADDITIONAL NOTE: Contractors intending to deliver offers in-person should be advised that the Business Opportunities Office 

(Bid Room) is located within a secured military installation. In order to gain access to the facility, an escort 

may be required. The escort will be an employee of the Bid Room. The following are telephone numbers for 

the Bid Room: (215) 737-8511, (215) 737-9044, (215) 737-7354, (215) 737-0317, or (215) 737-8566. It is the 

offeror's responsibility to ensure that the offers are received at the correct location at the correct time. Please 
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SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)

allow sufficient time to complete delivery of hand carried offers. Since the length of time necessary to gain 

access to the facility varies based on a number of circumstances, it is recommended that you arrive at the 

installation at least one hour prior to the time solicitation closes to allow for security processing and to secure 

an escort. NOTE: THIS IS A SUGGESTION AND NOT A GUARANTEE THAT YOU WILL GAIN ACCESS TO THE BASE 

IF YOU ARRIVE ONE HOUR BEFORE THE OFFER IS DUE. 

 

 

NOTE: Facsimile and e-mail offers are not acceptable forms of transmission for submission of initial proposals or revisions to initial 

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

during discussions/negotiations, if discussions/negotiations are held, for proposal revision(s), including Final Proposal revision

(s). 

 

OFFERORS SHOULD RETURN ALL PAGES OF THE SOLICITATION WITH THEIR OFFER ALONG WITH PROPER SIGNATURES AND 2 

COMPLETE COPIES. 

 

3. Block 15

Delivery quantities shall be provided via delivery orders issued on an as needed basis. Delivery shall be FOB Destination to the 

following ship to address:

 

W62GT 

W1BG DLA Distribution 

25600 S Chrisman Road 

Rec Warehouse 30 - UGR 

Tracy, CA 95304-5000 

United States 

 

Inspection is at the Contractor's Plant and Acceptance is at Destination. Required delivery dates shall not exceed 120 days 

after issuance of each delivery order.

 

4. Block 17 a

 

Offeror's assigned Data Universal Numbering System (DUNS) Number:_______________________________ 

(If you do not have a DUNS 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 contacting Dun and Bradstreet.) 

 

Offeror's assigned Contractor and Government Entity (CAGE) Code: _______________________________ 

 

Offeror's: Specify Fax Number(s):______________________________________________________ 

Email Address(s): __________________________________________________________ 

 

5. Block 17b

 

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

 

 

 

 

AUTHORIZED NEGOTIATORS: 

The offeror represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this 
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request for proposal. Please list names, titles, telephone numbers, facsimile (FAX) numbers, and emails for each authorized negotiator. 

 

 

____________________________________________________________________________________________________ 

 

 

 

 

BLOCKS 19-24(continued) 

1. ITEM DESCRIPTION

NSN: 8910-01-676-3443 EGG MIX, REDUCED CHOLESTEROL, PASTEURIZED, UNCOOKED, DEHYDRATED, LARGE OPENING 

FITMENT AND CAP, butter flavored, 476 gm (16.8 oz.) net weight packaged in a Boil-in-Bag (BIB), 2 BIB packages per overwrapped barrier 

pouch, PCR-E-017B, dated 9 November 2018 with Change 02 dated 22 Jan 2020 (UNITIZED GROUP RATION ONLY). 

 

 Est. Annual Qty. Unit of Firm Fixed Portion Total 

 Issue Price Subject to EPA Unit Price 

 

Tier 1 * 117,240 EA $_________ $__________ $__________ 

Tier 2 * 117,240 EA $_________ $__________ $__________ 

Tier 3 * 117,240 EA $_________ $__________ $__________ 

Tier 4 * 117,240 EA $_________ $__________ $__________ 

 

Minimum for 4-year period is: 76,800 EA 

Maximum for 4-year period is: 586,280 EA 

 

The unit of issue of “Each (EA)” is comprised of 2 BIB packages per overwrapped barrier foil pouch. 

*Offer on each Tier is mandatory. See page 27-28 to fill out Portion subject to EPA.

 

The shelf life requirement of this item is 36 months. All pricing is FOB destination. 

 

2. Effective Period of Contract 

 

The resulting contract(s) will be a Fixed price with Economic Price Adjustment Indefinite Quantity Contract (IQC) that provides for an 

indefinite quantity, within stated limits, of specific supplies or services to be furnished during a fixed period, with deliveries to be 

scheduled by placing orders with the contractor (FAR 6.504(a)). The contract(s) will be for a four-year tiered period. 

 

See FAR Clause 52.216-19 Order Limitations and clause 52.216-22 Indefinite Quantity on pages 26-27. 

 

3. Complete delivery instructions will be provided with each delivery order.

 

 

 
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Contract Clauses 

 

Note: 52.212-4, Contract Terms and Conditions --Commercial Items (JAN 2017) is incorporated in this solicitation by reference. Its 

full text may be accessed electronically https://www.acquisition.gov/?q=browsefar Text is available for viewing in Subpart 52.2 Text of 

Provisions and Clauses, through either the HTML or PDF Format links.

 

ADDENDUM TO 52.212-4 

 

The following paragraph(s) of 52.212-4 are amended as indicated below: 

 

1. Paragraph (a), Inspection/Acceptance, is revised to add FAR clause 52.246-2, Inspection of Supplies - Fixed Price. FAR 52.246-2 

expands the definition of “Supplies,” to include, but not limit to, raw materials, components, intermediate assemblies, end products, and 

supply lots. FAR 52.246-2 is required for Product Verification Testing (PVT), which is a requirement on any resulting contract(s). PVT is 

addressed in full text elsewhere in the solicitation.

 

2. Paragraph (a), Inspection/Acceptance, is revised to add the following: 

 

Inspection at Contractor's Plant, and Acceptance at Destination by the authorized Government representative. 

 

(b) Resultant award(s) or contract(s) will contain the name and address of the office responsible for 

performance of inspection. 

 

(c) Offeror shall indicate below the location where supplies will be inspected: 

 

Plant: ______________________________________________ 

Street: _____________________________________________ 

City/State/Zip: _______________________________________ 

 

3. Paragraph (c), Changes, is deleted in its entirety and replaced with the following: 

 

 (c) Changes. 

 

(1) The Contracting Officer, at his/her discretion, may unilaterally invoke any of the contingency options set forth in this contract.

 

(2) The Contracting Officer may at anytime, by unilateral written order, make changes within the general scope of this contract 

in any one or more of the following: 

 

(i) Method of shipment or packing; 

(ii) Place, manner, or time of delivery. 

 

(3) If such change causes an increase or decrease in the cost of, or time required for, performance for any part of the work under 

this contract, the Contracting Officer shall make equitable adjustment in the contract price, the delivery schedule, or both, and 

shall modify the contract. 

 

(4) The Contractor must assert its right to an adjustment under this clause within thirty (30) days from the date of receipt of the 

written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act 

upon a proposal submitted before final payment of the contract. 

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

(5) Failure to agree to any adjustment shall be a dispute under the Disputes Clause. However, nothing in this clause shall excuse 

the Contractor from proceeding with the contract. 

 

 

4. Paragraph (d), Disputes, is revised to add the following: 

52.233-9001 DISPUTES - AGREEMENT TO USE ALTERNATIVE 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 Federal Acquisition Regulation (FAR) 

clause 52.233-1), or, for the Agency, by the Contracting Officer, and approved at a level above the Contracting Officer after consultation 

with the ADR Specialist and with legal. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with 

the Contracting Officer before determining ADR to be inappropriate. 

I, the offeror, should check here to opt out of this clause: [ ] Alternate wording may be negotiated with the Contracting Officer. 

 

 

5. Paragraph (m), Termination for Cause is deleted and replaced with the following: 

 

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

Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government upon request, 

with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the 

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

rights and remedies provided by law. If this contract is terminated in whole or in part for cause, and the supplies or services covered by 

the contract so terminated are repurchased by the Government, the Government will incur administrative costs in such repurchases. The 

Contractor and the Government expressly agree that, in addition to any excess costs of repurchase, or any other damages resulting from 

such default, the Contractor shall pay, and the Government shall accept, the sum of $1,350.00 as payment in full for the administrative 

costs of such repurchase. This assessment of damages for administrative costs shall apply for any termination for cause following which 

the Government repurchases the terminated supplies or services together with any incidental or consequential damages incurred 

because of the termination. If it is determined that the Government improperly terminated this contract for default, such termination 

shall be deemed a termination for convenience. 

 

 

6. Paragraph (r), Compliance with laws unique to Government contracts, is revised to include the following:

 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. 3701, et seq., Contract Work Hours and Safety Standards Act; 

41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; Section 1553 of the 

American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; 49 U.S.C. 

40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. 

 

7. Paragraph (t), System for Award Management.

 Add the following paragraph: 

 (a) Definitions. 

 “System for Award Management (SAM) database” means the primary Government repository for contractor information 

required for the conduct of business with the Government. 

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

 (1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or 

 (2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE 

master file. This type of code is known as an “NCAGE code”. 

 “Data Universal Number System (DUNS) Number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to 

identify unique business entities. 

 “Data Universal Numbering System +4 (DUNS+4) Number” means the DUNS number assigned by D&B plus a 4-character suffix 

that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned 
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at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) 

accounts (see Subpart 32.11 of the Federal Acquisition Regulation) for the same parent concern. 

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

 (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, and 

Contractor and Government Entity (CAGE) code into the SAM database; 

 (2) The contractor has completed the Core Data, Assertions, 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 Contractor will be required to provide consent for TIN validation to the Government as part 

of the SAM registration process; and 

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

 

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

Commercial Items (MAR 2020) 

(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 2019) 

(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: [Contracting Officer check as appropriate.] 

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), 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 (OCT 2015) (41 U.S.C. 3509). 

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of 

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

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018) (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). 
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_X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for 

Debarment. (Oct 2015) (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] 

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

__ (ii) Alternate I (MAR 2020). 

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

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

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

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (15 U.S.C. 637(d)(4)). 

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

__ (iii) Alternate II (NOV 2016) of 52.219-9. 

__ (iv) Alternate III (NOV 2016) of 52.219-9. 

__ (v) Alternate IV (AUG 2018) of 52.219-9. 

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

_X_ (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 (MAR 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 

(EDWOSB) 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 WomenOwned Small Business Program (MAR 2020) (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)). 
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__ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)). 

_X_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). 

_X_ (28) 52.222-19, Child Labor --Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126). 

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015). 

_X_ (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246). 

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

_X_ (31)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212). 

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

_X_ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). 

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

_X_ (33) 52.222-37, Employment Reports on Veterans (FEB 2016) (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 (JAN 2019) (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). 

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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 (Jun 2014) of 52.223-14. 

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). 

_X_ (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. 

__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 
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__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). 

__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693). 

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

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

__ (48) 52.225-1, Buy American --Supplies (MAY 2014) (41 U.S.C. chapter 83). 

__ (49)(i) 52.225-3, Buy American --Free Trade Agreements --Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 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 (MAY 2014) of 52.225-3. 

__ (iii) Alternate II (MAY 2014) of 52.225-3. 

__ (iv) Alternate III (MAY 2014) 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 (JUNE 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. 2302 Note). 

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150). 

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150). 

__ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C.4505, 10 U.S.C. 2307(f)). 

__ (56) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). 

_X_ (57) 52.232-33, Payment by Electronic Funds Transfer --System for Award Management (OCT 2018) (31 U.S.C. 3332). 

__ (58) 52.232-34, Payment by Electronic Funds Transfer --Other than System for Award Management (JUL 2013) (31 U.S.C. 3332). 

__ (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). 

__ (60) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). 

__ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)). 

__ (62)(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). 

__ (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 items: [Contracting Officer check as appropriate.] 

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). 
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__ (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). 

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). 

__ (4) 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). 

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards --Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.

C. chapter 67). 

__ (6) 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). 

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services --Requirements 

(MAY 2014) (41 U.S.C. chapter 67). 

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015). 

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). 

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (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, 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) of this paragraph 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 (Oct 2015) (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 2019) 

(Section 889(a)(1)(A) of Pub. L. 115-232). 
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(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 $700,000 ($1.5 million for 

construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting 

opportunities. 

(vi) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of 

FAR clause 52.222-17. 

(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015). 

(viii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246). 

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). 

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793). 

(xi) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). 

(xii) 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. 

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

(xiv) __ (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627). 

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

(xv) 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). 

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services --Requirements 

(MAY 2014) (41 U.S.C. chapter 67). 

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

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015). 

(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). 

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

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

(xxi) 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). 

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in 

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

(xxiii) 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) 

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

IS A STATE SPONSOR OF TERRORISM (OCT 2015) 

(a) Unless the Government determines that there is a compelling reason to do so, the Contractor shall not enter into any subcontract in 

excess of $35,000 with a firm, or a subsidiary of a firm, that is identified in the Exclusions section of the System for Award 

Management (SAM Exclusions) as being ineligible for the award of Defense contracts or subcontracts because it is owned or 

controlled by the government of a country that is a state sponsor of terrorism. 

(b) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract 

with a party that is identified, in SAM Exclusions, as being ineligible for the award of Defense contracts or subcontracts because it is 

owned or controlled by the government of a country that is a state sponsor of terrorism. The notice must include the name of the 

proposed subcontractor and the compelling reason(s) for doing business with the subcontractor notwithstanding its inclusion in SAM 

Exclusions. 

 

 

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM --BASIC (DEC 2017)

(a) Definitions. As used in this clause�

“Commercially available off-the-shelf (COTS) item” -- 

(i) Means any item of supply (including construction material) that is -- 

(A) A commercial item (as defined in paragraph (1) of the definition of “commercial item” in section 2.101 of the Federal Acquisition 

Regulation); 

(B) Sold in substantial quantities in the commercial marketplace; and 

(C) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in 

the commercial marketplace; and 

(ii) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. 

“Component” means an article, material, or supply incorporated directly into an end product. 

“Domestic end product” means -- 

(i) An unmanufactured end product that has been mined or produced in the United States; or 

(ii) An end product manufactured in the United States if -- 

(A) The cost of its qualifying country components and its components that are mined, produced, or manufactured in the United States 

exceeds 50 percent of the cost of all its components. The cost of components includes transportation costs to the place of incorporation 

into the end product and U.S. duty (whether or not a duty-free entry certificate is issued). Scrap generated, collected, and prepared for 

processing in the United States is considered domestic. A component is considered to have been mined, produced, or manufactured in 

the United States (regardless of its source in fact) if the end product in which it is incorporated is manufactured in the United States and 

the component is of a class or kind for which the Government has determined that -- 

(1) Sufficient and reasonably available commercial quantities of a satisfactory quality are not mined, produced, or manufactured in the 

United States; or 

(2) It is inconsistent with the public interest to apply the restrictions of the Buy American statute; or 
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(B) The end product is a COTS item. 

“End product” means those articles, materials, and supplies to be acquired under this contract for public use. 

“Foreign end product” means an end product other than a domestic end product. 

“Qualifying country” means a country with a reciprocal defense procurement memorandum of understanding or international 

agreement with the United States in which both countries agree to remove barriers to purchases of supplies produced in the other 

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

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

qualifying countries: 

 

Australia 

Austria 

Belgium 

Canada 

Czech Republic 

Denmark 

Egypt 

Estonia 

Finland 

France 

Germany 

Greece 

Israel 

Italy 

Japan 

Latvia 

Luxembourg 

Netherlands 

Norway 

Poland 

Portugal 

Slovenia 
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Spain 

Sweden 

Switzerland 

Turkey 

United Kingdom of Great Britain and Northern Ireland. 

“Qualifying country component” means a component mined, produced, or manufactured in a qualifying country. 

“Qualifying country end product” means -- 

(i) An unmanufactured end product mined or produced in a qualifying country; or 

(ii) An end product manufactured in a qualifying country if -- 

(A) The cost of the following types of components exceeds 50 percent of the cost of all its components: 

(1) Components mined, produced, or manufactured in a qualifying country. 

(2) Components mined, produced, or manufactured in the United States. 

(3) Components of foreign origin of a class or kind for which the Government has determined that sufficient and reasonably available 

commercial quantities of a satisfactory quality are not mined, produced, or manufactured in the United States; or 

(B) The end product is a COTS item. 

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

(b) This clause implements 41 U.S.C chapter 83, Buy American. In accordance with 41 U.S.C. 1907, the component test of the Buy 

American statute is waived for an end product that is a COTS item (see section 12.505(a)(1) of the Federal Acquisition Regulation). Unless 

otherwise specified, this clause applies to all line items in the contract. 

(c) The Contractor shall deliver only domestic end products unless, in its offer, it specified delivery of other end products in the Buy 

American Balance of Payments Program Certificate provision of the solicitation. If the Contractor certified in its offer that it will deliver a 

qualifying country end product, the Contractor shall deliver a qualifying country end product or, at the Contractor's option, a domestic 

end product. 

(d) The contract price does not include duty for end products or components for which the Contractor will claim duty-free entry. 

 

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017) 

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

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

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

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

agreement with the United States in which both countries agree to remove barriers to purchases of supplies produced in the other 

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

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

qualifying countries: 

Australia 

Austria 
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Belgium 

Canada 

Czech Republic 

Denmark 

Egypt 

Estonia 

Finland 

France 

Germany 

Greece 

Israel 

Italy 

Japan 

Latvia 

Luxembourg 

Netherlands 

Norway 

Poland 

Portugal 

Slovenia 

Spain 

Sweden 

Switzerland 

Turkey 

United Kingdom of Great Britain and Northern Ireland. 

“Structural component of a tent” -- 

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

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

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

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

national status under the laws of the United States. 

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

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

(1) Food. 

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

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

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

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

(ii) Tarpaulins; or 

(iii) Covers. 

(4) Cotton and other natural fiber products. 

(5) Woven silk or woven silk blends. 

(6) Spun silk yarn for cartridge cloth. 

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

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

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

listed in this paragraph (b). 

(c) This clause does not apply -- 

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

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

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

cotton, other natural fibers, or wool -- 

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

(ii) Does not exceed the simplified acquisition threshold in FAR Part 2; 

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

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

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

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

accordance with paragraph (d) of this clause; 

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

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

fabric itself), if -- 

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

or in part of fabric, include�

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

Appliances); 

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

Supply Group 84, Clothing, Individual Equipment and Insignia; 

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

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

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

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

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

(ii) If not taken from the sea, shall be obtained from fishing within the United States; and 

(2) Any processing or manufacturing of the fish, shellfish, or seafood shall be performed on a U.S.-flag vessel or in the United States. 

 

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN 

SMALL BUSINESS CONCERNS (SEP 2004) 

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

“Indian” means -- 

(1) Any person who is a member of any Indian tribe, band, group, pueblo, or community that is recognized by the Federal 

Government as eligible for services from the Bureau of Indian Affairs (BIA) in accordance with 25 U.S.C. 1452(c); and 

(2) Any “Native” as defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). 

“Indian organization” means the governing body of any Indian tribe or entity established or recognized by the governing body of an 

Indian tribe for the purposes of 25 U.S.C. Chapter 17. 

“Indian-owned economic enterprise” means any Indian-owned (as determined by the Secretary of the Interior) commercial, industrial, 

or business activity established or organized for the purpose of profit, provided that Indian ownership constitutes not less than 51 

percent of the enterprise. 

“Indian tribe” means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including 
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corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act, that is recognized by 

the Federal Government as eligible for services from BIA in accordance with 25 U.S.C. 1452(c). 

“Interested party” means a contractor or an actual or prospective offeror whose direct economic interest would be affected by the 

award of a subcontract or by the failure to award a subcontract. 

“Native Hawaiian small business concern” means an entity that is -- 

(1) A small business concern as defined in Section 3 of the Small Business Act (15 U.S.C. 632) and relevant implementing regulations; 

and 

(2) Owned and controlled by a Native Hawaiian as defined in 25 U.S.C. 4221(9). 

(b) The Contractor shall use its best efforts to give Indian organizations, Indian-owned economic enterprises, and Native Hawaiian 

small business concerns the maximum practicable opportunity to participate in the subcontracts it awards, to the fullest extent 

consistent with efficient performance of the contract. 

(c) The Contracting Officer and the Contractor, acting in good faith, may rely on the representation of an Indian organization, Indianowned economic enterprise, or Native Hawaiian small business concern as to its eligibility, unless an interested party challenges its status 

or the Contracting Officer has independent reason to question that status. 

(d) In the event of a challenge to the representation of a subcontractor, the Contracting Officer will refer the matter to -- 

(1) For matters relating to Indian organizations or Indian-owned economic enterprises: 

U.S. Department of the Interior 

Bureau of Indian Affairs 

Attn: Chief, Division of Contracting and 

Grants Administration 

1849 C Street NW, MS-2626-MIB 

Washington, DC 20240-4000. 

The BIA will determine the eligibility and will notify the Contracting Officer. 

(2) For matters relating to Native Hawaiian small business concerns: 

Department of Hawaiian Home Lands 

PO Box 1879 

Honolulu, HI 96805. 

The Department of Hawaiian Home Lands will determine the eligibility and will notify the Contracting Officer. 

(e) No incentive payment will be made -- 

(1) While a challenge is pending; or 

(2) If a subcontractor is determined to be an ineligible participant. 

(f)(1) The Contractor, on its own behalf or on behalf of a subcontractor at any tier, may request an incentive payment in accordance 

with this clause. 

(2) The incentive amount that may be requested is 5 percent of the estimated cost, target cost, or fixed price included in the 

subcontract at the time of award to the Indian organization, Indian-owned economic enterprise, or Native Hawaiian small business 

concern. 

(3) In the case of a subcontract for commercial items, the Contractor may receive an incentive payment only if the subcontracted 

items are produced or manufactured in whole or in part by an Indian organization, Indian-owned economic enterprise, or Native 

Hawaiian small business concern. 

(4) The Contractor has the burden of proving the amount claimed and shall assert its request for an incentive payment prior to 

completion of contract performance. 

(5) The Contracting Officer, subject to the terms and conditions of the contract and the availability of funds, will authorize an incentive 

payment of 5 percent of the estimated cost, target cost, or fixed price included in the subcontract awarded to the Indian organization, 

Indian-owned economic enterprise, or Native Hawaiian small business concern. 

(6) If the Contractor requests and receives an incentive payment on behalf of a subcontractor, the Contractor is obligated to pay the 
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subcontractor the incentive amount. 

(g) The Contractor shall insert the substance of this clause, including this paragraph (g), in all subcontracts exceeding $500,000. 

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN 2012) 

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

(1) “Contract financing payment” and “invoice payment” have the meanings given in section 32.001 of the Federal 

Acquisition Regulation. 

(2) “Electronic form” means any automated system that transmits information electronically from the initiating system 

to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of 

payment requests. However, scanned documents are acceptable when they are part of a submission of a payment 

request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer. 

(3) “Payment request” means any request for contract financing payment or invoice payment submitted by the 

Contractor under this contract. 

(4) “Receiving report” means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report. 

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using 

WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, 

or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/. 

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when -- 

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic 

submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the 

Contracting Officer's determination with each request for payment; 

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract 

for transportation services using a DoD-approved electronic third party payment system or other exempted vendor 

payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing 

System); 

(3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System (TEDS) as the 

electronic format; or 

(4) When the Government-wide commercial purchase card is used as the method of payment, only submission of the 

receiving report in electronic form is required. 

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the 

contract. 

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment 

clauses in this contract when submitting payment requests. 

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012) 

 

(a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract adjustment for which 

the Contractor believes the Government is liable. The request shall include only costs for performing the change, and shall not include 

any costs that already have been reimbursed or that have been separately claimed. All indirect costs included in the request shall be 

properly allocable to the change in accordance with applicable acquisition regulations. 

(b) In accordance with 10 U.S.C. 2410(a), any request for equitable adjustment to contract terms that exceeds the simplified 

acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to certify the 
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request on behalf of the Contractor: 

 

I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge 

and belief. 

 

52.246-17 Warranty of Supplies of a Noncomplex Nature (June 2003) 

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

“Acceptance” means the act of an authorized representative of the Government by which the Government assumes for itself, or as an 

agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract. 

“Supplies” means the end items furnished by the Contractor and related services required under the contract. The word does not 

include “data.” 

(b) Contractor's obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this 

contract concerning the conclusiveness thereof, the Contractor warrants that for the duration of the Contract supplies furnished under 

this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and 

(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will 

conform with the requirements of this contract. 

(2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall 

be borne by the Contractor. However, the Contractor's liability for the transportation charges shall not exceed an amount equal to the 

cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the 

Contractor's plant, and return. 

(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this 

clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration 

to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies. 

(4) All implied warranties of merchantability and “fitness for a particular purpose” are excluded from any obligation contained in this 

contract. 

(c) Remedies available to the Government.

(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause 

within 45 days after discovery of the defect. 

(2) Within a reasonable time after the notice, the Contracting Officer may either -- 

(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, 

packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of 

this clause; or 

(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances. 

(3) 

(i) If the contract provides for inspection of supplies by sampling procedures, conformance of supplies or components subject to 

warranty action shall be determined by the applicable sampling procedures in the contract. The Contracting Officer -- 

(A) May, for sampling purposes, group any supplies delivered under this contract; 

(B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of 

supplies on which warranty action is proposed; 

(C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments 

even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably 

representative of the quantity on which warranty action is proposed; and 

(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots. 

(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting 
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Officer may exercise one or more of the following options: 

(A) Require an equitable adjustment in the contract price for any group of supplies. 

(B) Screen the supplies grouped for warranty action under this clause at the Contractor's expense and return all nonconforming 

supplies to the Contractor for correction or replacement. 

(C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United 

States and to correct or replace all nonconforming supplies. 

(D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b. point or the 

point of acceptance) for screening and correction or replacement. 

(4) 

(i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from 

another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor -- 

(A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or 

(B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace 

them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a 

period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting 

Officer specifying such failure. 

(ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the 

contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the 

nonconforming supplies for the Contractor's account in a reasonable manner. The Government is entitled to reimbursement from the 

Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming 

supplies, as well as for excess costs incurred or to be incurred. 

(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the 

Government by any other clause of this contract. 

 

 

52.211-16 VARIATION in Quantity (Apr 1984) - FAR 

 

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by 

conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, 

specified in paragraph (b) of this clause. 

(b) The permissible variation shall be limited to: 

 

_2_ Percent increase 

 

 2_ Percent decrease 

 

This increase or decrease shall apply to each line item 

 

52.216-19 ORDER LIMITATIONS (OCT 1995) - FAR 

 

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount less than 2,200 each, 

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

contract. 

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

 (1) Any order for single line item in excess of 586,200 each
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 (2) Any order for a combination of line items in excess of _____N/A______; or 

(3) A series of orders from the same ordering office within 60 calendar days that together call for quantities exceeding the 

limitation in subparagraph (1) or (2) above. 

 

(c) If this is a requirement 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) above. 

 

(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 7 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. 

 

 NOTE: Required delivery dates are not to exceed 120 days after issuance of each delivery order 

 

52.216-22 Indefinite Quantity (OCT 1995) - FAR 

 

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

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

 

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

shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity 

designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the 

Schedule as the “minimum.” 

 

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders 

that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. 

 

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the 

Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations 

with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the 

Contractor shall not be required to make any deliveries under this contract after 90 days after the effective period expires. 

 

PROCUREMENT NOTE 

C09 Economic Price Adjustment (EPA) - Department of Labor Index (AUG 2017) 

(a) Warranties. The contractor warrants that-- 

(1) The base unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this clause; 

and 

(2) The prices to be invoiced shall be computed in accordance with the provisions of this clause. 

(b) Definitions. As used throughout this clause - 

(1) "Index" for the purpose of price adjustment under this clause shall be the Producer Price Index(es) reported in the monthly 

publication entitled, “Producer Price Indexes”, published by the United States (U.S.) Department of Labor (DOL), Bureau of Labor 

Statistics (BLS) for the following code number(s) and title(s): __WPU028301 Processed Eggs, Liquid, Dried or 

Frozen______________________________; or the Employment Cost Index(es) reported in the quarterly publication entitled, 
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“Employment Cost Indexes,” published by the United States (U.S.) Department of Labor (DOL), Bureau of Labor Statistics (BLS) for the 

following code number(s) and title(s): ________________________(contracting officer fill-in)_________________________. 

(2) "Base index" is the arithmetic average of the final version of the indexes published for the _2___ months, or ____ quarters for ECI, 

preceding the closing date for receipt of proposals or the date required for receipt of final proposal revisions, if discussions were held. 

(3) "Adjusting index" shall be the _X___ arithmetic average of the [X ] first published or [ ] final version of the index for the _2___ 

months, or ____ quarters for ECI, prior to the month in which the adjusting contract modification is effective. 

(4) "Base unit price" is the unit price applicable to a quantity of a contract line item established at contract award, exclusive of any price 

adjustment pursuant to this clause. 

(5) “Adjustment period” is the period during which a particular adjustment to the unit price under this clause (calculated at the 

beginning of the adjustment period) will be applicable. The length of each adjustment period in months shall be calculated by dividing 

12 by the number of adjustments allowed per year in (c)(1) below. 

(c) Adjustments. Prior to the end of each adjustment period, the contracting officer shall calculate the adjusting index and any adjusted 

contract unit price(s) for the new adjustment period, and modify the contract accordingly. Price adjustments pursuant to this clause shall 

be made by contract modification, issued by the contracting officer and will show the base index, the adjusting index, the base unit 

price, the mathematical calculations, and the changed unit price(s). The price adjustment shall be applicable to orders issued after the 

effective date of the contract modification establishing the unit price for the adjustment period. The price adjustment(s) for each 

adjustment period will be based on the percentage change between the base index and the adjusting index for the adjustment period, 

as applied to the base unit price. 

(1) The Government shall be entitled to a price decrease in any particular adjustment period if the adjusting index is less than the 

base index. There shall be ___1____ price adjustments per contract year. 

(2) Example of adjustment calculation: 

Base Index = 

109.88* 

Adjusting index = 112.72* 

Less base index = 109.88 

Change to index = 2.84 

Divide change to index by base index = 2.84 / 109.88 = .02585 (2.585%)** 

Multiply by the base unit price = $50.00 x .02585 = $1.29*** 

= Unit Price Adjustment 

Adjusted unit price = $51.29 

 

 

* In computing the base and adjusting indexes, the resulting figure shall be rounded to the second decimal place. 

** This figure shall be rounded to the fifth decimal place. 

*** All dollar figures shall be rounded to the nearest cent. 

(d) Upward ceiling on economic price adjustment. No upward ceiling shall apply under this economic price adjustment clause, unless the 

BLS series is based on indices below the six-digit level (an index “below the six-digit level” in BLS usage means an index whose identifier 

exceeds six-digits). For any BLS series that is below the six-digit level, the following ceiling shall apply: The contractor agrees that the 

aggregate of the increases in any contract unit price under this clause shall not exceed _10__% (percent) of the original base unit price, 

except as provided hereafter. 

(1) If at any time the contractor has reason to believe that within the near future a price adjustment under the provisions of this clause 

will be required that will exceed the adjustment ceiling for any item, the contractor shall promptly notify the contracting officer in 

writing of the expected increase. The notification shall include a revised ceiling the contractor believes is sufficient to permit completion 

of remaining contract performance, along with appropriate explanation and documentation as required by the contracting officer. 

(2) If an increase in the index would raise a contract unit price for an item above the current ceiling, the contracting officer may issue a 

contract modification to raise the ceiling. If the contract ceiling will not be raised, the contracting officer shall so promptly notify the 

contractor in writing. 

(e) Invoices. The prices payable under this contract will be based on the latest adjusted unit price incorporated into the contract as of the 

date of order. 

(f) Retroactive adjustment. Paragraph applies only if “first published index” is selected in paragraph (b)(3) above. The contractor may 

request a retroactive adjustment for orders that have been delivered during an adjustment period for which payment has already been 

made, based on the difference between a higher final revised index applicable to an adjustment period and the index values used in 

calculating the unit price for that adjustment period, and subject to the adjustment ceiling in (d) above and when the following 

conditions are met: 
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(1) The request for equitable adjustment clearly establishes that the unit price adjustment for the adjustment period would have 

been higher if the final revised index had been used, and identifies all invoices and payments to which it is applicable, cites the specific 

index differences relating to the requested adjustment, and provides a calculation of the total net price adjustment for items delivered 

during that adjustment period. 

(2) No retroactive equitable adjustment shall be made under this clause unless the total dollar change for items delivered is $______ 

($500.00 unless otherwise stated) or more for the applicable adjustment period(s). 

(3) The contractor's written request must be received by the contracting officer within 45 days following publication of the final revised 

index. 

The Government shall be entitled to a downward adjustment based on the difference between a lower final revised index applicable to 

an adjustment period and the index values used in calculating the unit price for that adjustment period, subject to the limitation in 

paragraph (f)(2). 

(g) Revision of index. In the event - 

(1) Any applicable index is discontinued or its method of derivation is altered substantially; or 

(2) The contracting officer determines that the index consistently and substantially fails to reflect market conditions, the parties shall 

mutually agree upon an appropriate and comparable substitute and the contract shall be modified to reflect such substitute effective on 

the date the index was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. 

(h) Final invoice. The contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all 

decreases required by this clause. 

(i) Disputes. Any dispute arising under this clause shall be determined in accordance with and subject to the “Disputes” clause of the 

contract. 

***** 

 (End of Text) 

 

 

52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984) - FAR

(a) When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a Certificate of 

Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Government's right 

to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under 

this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have 

occurred. 

(b) The Contractor's signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to 

the payment office or attached to the CAO copy when contract administration (Block 10 of the DD Form 250) is performed by the 

Defense Contract Administration Services. In addition, a copy of the signed certificate shall also be attached to or entered on copies of 

the inspection or receiving report accompanying the shipment. 

(c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to 

the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor's 

expense. 

(d) The certificate shall read as follows: 

I certify that on ______ [insert date], the ____ [insert Contractor's name] furnished the supplies or services called for by Contract No._____ 

via ____ [Carrier] on ________ [identify the bill of lading or shipping document] in accordance with all applicable requirements. I further 

certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including 

specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and 

are in the quantity shown on this or on the attached acceptance document. 

Date of Execution: _____________________________ 

Signature: _____________________________________ 

Title: _________________________________________ 

 

CERTIFICATE OF CONFORMANCE (a) Unless otherwise specified in the contract, the Contractor shall furnish a Certificate of 

Conformance for packaging, packing, labeling, marking and unitization materials and their performance in use in lieu of government 

sampling and testing. Performance in use applies to joint strength of strapping and tension of unit load strapping. The unitization 

materials covered by the certificate of conformance shall not include pallets. Examination and testing of pallets shall be performed in 

accordance with specification requirements unless otherwise stipulated in the contract.
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(b) When specified, the Contractor may also furnish a certificate of conformance for certain components/ingredients or end item 

characteristics. The Contractor may still furnish a certificate covering any of the foregoing even though a subcontractor provided the 

materials. In such event, the Contractor is responsible for assuring that the materials met all contract requirements. For this reason, the 

Contractor should request a certificate of conformance from the subcontractor. 

(c) The certificate of conformance should be worded substantially as follows: 

(1) I certify that all (indicate type of material) called for by the contract conform to applicable contract requirements in every particular. 

(For meats only, the Contractor must also state that "no distressed, reconditioned meat has been used.") 

(2) Such materials consist of the following: (Specify quantity, manufacturer and nomenclature for each item.) 

Signature and Title of Certifying Official 

Distribution: One copy to origin inspector, when applicable. One copy with shipment when origin USDA/USDC inspection is not 

required. One copy with invoice for payment when Department of Defense (DD) Form 250 is not used. 

(d) It is the intent of the Government to be able to rely on the certificate of conformance. To assure that the certificate is reliable, the 

government reserves the right to perform verification testing of each component for which specifications are established in the contract. 

Random samples shall be personally selected by the cognizant government inspector. Random samples of packaging, labeling, packing 

and marking materials shall be submitted to the DLA analytical laboratory with a copy of the DD form 1222 furnished to DLA Troop 

Support HSQ. Food component materials shall be sent to the laboratory servicing the inspector's organization. All costs incident to the 

sampling and submittal of materials shall be borne by the Contractor. The reliability of the Contractor's certificate of conformance will be 

determined on the basis of government verification results. 

(1) When it is determined by DLA Troop Support HSQ that the DLA analytical laboratory test samples meet the contract requirements, 

the certificate of conformance for these materials is considered reliable. 

(2) When DLA Troop Support finds the materials do not meet the contract requirements based on recognized statistical methods, the 

certificate of conformance is considered unreliable. The Contractor shall be so advised and the particular deficiencies which render such 

certificate unreliable shall be identified. The unreliability status may be continued from contract to contract regardless of the particular 

contract on which the verification tests, or submission by Contractor of nonconforming material, has occurred. The Contractor is 

responsible for all costs incurred by the government in performing tests of future samples submitted for testing after such time as the 

government has informed the Contractor of the unreliability status and until reliability is again established to the satisfaction of the 

Contracting Officer. Testing and administrative costs shall be assessed at the prevailing rate. 

 

E05 Product Verification Testing (SEP 2016) 

(1) When PVT is invoked, the QAR will notify the contractor that testing will be performed. The product verification testing (PVT) will be 

performed at a Government-designated testing laboratory. 

(a) The contractor shall not ship or deliver any material unless directed to do so in writing by the contracting officer or until notified of 

acceptable PVT results. 

(b) PVT results will be provided in 20 working days after receipt at the Government testing facility. 

(2) The QAR will select a random sample from the contractor's production lot. Selected PVT samples are to be shipped by the contractor 

at Government expense with a copy of the Department of Defense DD 

Form 250 and a DD Form 1222. The packaging will be marked “Product Verification Test Samples, Contract Number __________, Lot/

Item Number_________." 

(3) Test results will indicate one of the following: 

(a) Samples that pass testing and are not destroyed during evaluation will be returned to the contractor at the Government's expense 

and will be included as part of the total contract quantity. The contractor and Government may agree to dispose of samples not 

destroyed when the cost of the item does not justify the shipping expense. These samples will be considered part of the contract 

quantity. Samples that pass testing and are not returned to the contractor will be considered part of the contract quantity for payment 

and delivery. The contractor will deliver the remaining lot quantity minus sample units. 

(b) If samples fail testing, such failure will result in rejection of the entire contract lot from which the samples were taken. At the 

Government's discretion, parts failing any test criteria may be retained and not be returned to the contractor. 

 

 

ALTERNATIVE INSPECTION REQUIREMENTS FOR SELECTED ITEMS -

(a) Optional Contractor Testing of Contractor-Furnished Materials. 

To expedite shipment, the Contractor has the option to perform, or have performed by an independent laboratory, contractuallyrequired tests of end items or component material not specified by the U.S. Standards of Grade. The inspector for the Government 

agency having jurisdiction over ascertaining compliance may permit shipment, provided all other requirements of the contract are met. 

The designated Government inspector will select random samples of each lot of end items or component material for verification testing 
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until the Contractor's testing system is determined reliable in accordance with paragraph (c) of this clause. It is the intent of the 

Government to rely on Contractor test results to the maximum extent practicable and minimize Government verification testing. 

 

(b) Compliance of Product. 

Acceptance of material as complying with required characteristics shall be based on the Contractor's test results; provided that 

Government verification indicates the Contractor's testing system is reliable, in accordance with paragraph (c) of this clause, as to each of 

the required characteristics. If the Contractor's test system is determined to be unreliable, product compliance will be determined based 

solely on Government test results. In the event the Government detects any irregularities in the Contractor's testing system, the 

designated Government inspector may withhold approval until Government test results indicate products conform to contract 

requirements. (For Meal, Ready-to-Eat (MRE) items, if Government laboratory test results show that product is nonconforming, the 

product shall be withheld from final assembly and subject to return and replacement by the component Contractor, even if previously 

approved by the Government inspector.) 

 

(c) Reliability Conditions. 

 

(1) To be considered reliable, the Contractor's testing system shall produce results comparable to the Government test results; unless the 

Government agency having jurisdiction has inspected the item produced at the Contractor's plant within the previous 120 days. Unless 

otherwise specified in this contract, the Government inspector will select samples randomly from the first three lots of end items 

presented for inspection and will conduct verification testing on a skip-lot basis. Skip-lot verification is done by random selection of 

samples from not less than one lot in six consecutive lots presented for inspection. The sampling procedure under skip-lot places the 

succeeding lots not chosen for inspection back into the universe available for subsequent inspection. (For instance, starting with a group 

of six lots (i.e., 1-6), one lot is randomly selected for inspection. If lot 4 is selected, the next samples will be selected from lots 5, 6, 7, 8, 9, 

or 10. If lot 8 is selected, the next samples will be selected from lots 9, 10, 11, 12, 13, or 14; and so on.) 

 

(2) Contractor's testing system shall be considered unreliable when (i) the Government verification results indicate product 

nonconformance to contract requirements; and (ii) a significant disparity exists between Government laboratory results and Contractor 

test results. When a Contractor's testing system is determined to be unreliable, compliance testing will revert to the Government, and all 

items shall be inspected by the Government prior to shipment. 

 

(3) Contractor's testing system will be considered doubtful when (i) a significant disparity exists between Government laboratory results 

and Contractor test results; (ii) the Government test results indicate significantly poorer quality than the Contractor's; and (iii) the 

Government laboratory test results do not indicate product nonconformance to a statistically significant degree. When the Contractor's 

testing system is considered doubtful, verification testing will be performed on each lot produced; however, the Government will 

continue to permit the Contractor to ship based on its own test results. 

 

(4) Contractor testing system reliability will be determined by applying recognized statistical tests to the Contractor's and Government's 

test results. These determinations shall be accomplished by the DLA Troop Support, Directorate of Subsistence, Product Services Office, 

700 Robbins Avenue, Philadelphia, Pennsylvania 19111-5092. 

 

(5) The Contracting Officer will notify the Contractor of any change in reliability status. Notification will include details of the statistical 

determinations and test results used in reliability studies. Telephonic notification and copies of these determinations will be provided to 

the Government by DLA Troop Support FTRE. 

 

(d) Procedures. When the Contractor elects to perform testing, the following shall apply: 

(1) Reporting of Contractor's Results. Test reports for each lot of end item and components shall be submitted in the format contained in 

this clause by the Contractor in an original and one copy to the designated Government inspector. The inspector will forward one 

completed copy to DLA Troop Support FTRE. 

 

(2) Verification Actions. The Government will perform verification testing for food items and component material required by the 

contract to assure that the Contractor's testing results are reliable. Verification samples will be accompanied by a DD Form 1222, Request 

for and Results of Tests. The Government laboratory that performs the tests will provide copies of the test results to the Government 

inspector and to DLA Troop Support FTRE. The Government laboratory will telephone the results to DLA Troop Support HS 

(215-737-4259) when testing identifies nonconformance. The Government reserves the right to (i) increase the rate or amount of 

verification testing up to and including full lot-by-lot testing, in the event the Contractor does not furnish reliable test results or 
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certificates; or (ii) obtain additional data when significant disparities exist between the Contractor's results and the results of the 

Government laboratory testing. When any element of the Contractor testing system is determined unreliable, the Government may 

consider the testing system as a whole unreliable and return to full lot-by-lot verification for every test. Testing by the Government will 

continue until such time as the Contractor's reliability is again established. 

 

(3) Standby Test Samples. The Government reserves the right to withdraw and hold standby test samples of component or finished 

product or both (the quantity of which shall be the next larger available sample size required for unit testing and the same sample size 

required for composite testing) for inspection purposes. Unused samples will be returned to the Contractor. 

 

(e) Charges Applicable to Unreliable Test Status. The prime Contractor shall be charged the costs of lot-by-lot inspection during the 

period that its testing system is considered unreliable. These charges will be processed and approved by the Contracting Officer. 

 

(f) Format for Contractor/subcontractor test report. 

Name and Address of Contractor: 

Name and Address of Subcontractor: (if applicable) 

Received for Testing: (date) 

Contract Number: 

Sample Tested: (end item or component, indicate by name) 

Quantity Tested: 

Applicable Specification: 

Identification of Lot: (end item or component lot number, as applicable) 

Quantity in Lot: (units) 

Testing Completed: (date) 

Test Report 

(Report test results for each sample unit tested and the sample average, if required by the specification, and identify results obtained 

from composite samples.) 

(Typed name and title of laboratory official and signature) 

The following certification shall be affixed to the test report when testing was performed on component items by supplier's laboratory or 

by subcontractor's laboratory. 

 

Certification 

I certify that the above test results were furnished to this firm to cover the testing of samples which are representative of the lot, and to 

the best of my knowledge and belief, have been found to comply with the analytical requirements of the specification, contract no. 

_______________ 

 

Signature:______________________________ 

(typed name and title of Contractor's representative who is authorized to sign the certificate, and the date) 

The following certification shall be affixed to the test report when testing was performed on component and/or end item by Contractor's 

laboratory or an independent laboratory. 

Certification 

I certify that the item presented for acceptance under terms of above referenced contract has been tested, as required by the contract, 

through the testing of samples that were representative of the lot, and to the best of my knowledge and belief, were found to comply 

with the analytical requirements of the specification and the contract. 

 

Signature: ___________________________________________________________________ 

(typed name and title of Contractor's representative who is authorized to sign the certificate, and the date) 
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Distribution: 

(Original and one (1) copy to Government inspector, who will forward one (1) copy to DLA Troop Support FTRE; and hard copy with each 

shipment, when DD Form 250 (MIRR) reports are not provided.) 

 

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) - FAR 

 

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon 

request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this 

address: 

 

• 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: 

 

 

 

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Terrorist Country (DEC 2006) DFARS

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019) 

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (FEB 2012) ALTTERNATE I 

52.211-17 Delivery of Excess Quantities (SEP 1989) FAR 

252.225-7002 Qualifying Country Sources as Subcontractors (APR 2003) DFARS 

52.232-17 Interest (October 2010) 

52.242-15 Stop Work Order (Aug 1989) 

52.247-34 F.O.B. Destination (Nov 1991) 

 

 

 STATEMENT OF WORK

 

I. INTRODUCTION 

 

A. DLA Troop Support intends to enter into one Indefinite Quantity Contract (IQC) to provide BIB Dehydrated Egg Mix, Reduced 

Cholesterol to be used as critical component in the Unitized Group Ration - Heat and Serve (UGR-H&S) and Unitized Group 

Ration M Programs. 

 

B. The resulting contract shall be a Fixed Price with Economic Price Adjustment Indefinite Delivery Indefinite Quantity Type 

Contract, in accordance with reference FAR 16.203-1. The resulting contract will be a four (4) year contract, consisting of 

four 12-Month Tier Periods. 

 

TIER 1: Date of award thru 365 days 

TIER 2: From 366th day thru 730 days

TIER 3: From 731st day thru 1095 days 

TIER 4: From 1096th day thru 1460 days

 

NOTE: Deliveries might fall outside of effective period 

 

NOTE: Offer on all tiers is mandatory. Failure to offer on all tiers may be deemed as non-acceptance of the tiers and could result in 

rejection of the offeror's entire proposal. Tier 2 will follow Tier 1 upon expiration of that period. Tier 3 will follow Tier 2 upon expiration 

of that period. Tier 4 will follow Tier 3 upon expiration of that period. 

 
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PRE-AWARD PLANT SURVEY: To determine the responsibility of prospective contractors, the government reserves the right to conduct 

physical surveys of the plants which are to be used in the performance of a contract. In the event the government is prevented from 

making such survey by; the offeror or its proposed subcontractor, the offer may be rejected. As a part of the pre-award survey, the 

offeror may be required to obtain from its intended sources of supply, letters confirming availability of components, materials machinery 

and tooling.

 

II. GUARANTEED MINIMUM/MAXIMUM 

 

 The quantities shown in the schedule represent the estimated Minimum and Maximum quantities that will/may be ordered over the 

ordering period. 

 

The minimum quantity for the 4-year contract period is 76,800 Each. 

The maximum quantity for the 4-year contract period is 586,280 Each. 

 

III. CONTRACTING AUTHORITY 

 

 A. The DLA Troop Support Contracting Officer is the ONLY person authorized to approve changes to, or modify any requirement 

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

Troop Support Contracting Officer. 

 

 B. In the event the vendor effects any change at the direction of any person other than the DLA 

Troop Support Contracting Officer, the change will be considered to have been made without authority and no adjustments will 

be made to cover any costs associated with such change. 

 

IV. NEGOTIATIONS 

 

For the subject acquisition, the Government reserves the right to conduct negotiations. Initial responses to negotiations shall be in a 

form of communication customary in the industry for transmitting information to include phone, facsimile transmission, letter, in-person 

and e-mail. However, any information provided during negotiations, to include all changes to the initial offer, must be reduced to writing 

and transmitted to the DLA Troop Support Business Opportunities Office by the time and date specified at the time of Final Proposal 

Revisions. Information not submitted to the DLA Troop Support Business Opportunities Office by the specified date and time will not be 

considered by the Government during final evaluations. 

 

V. TECHNICAL/QUALITY DATA 

 

I. Product Demonstration Model (PDM) Information: 

Product Demonstration Model (PDM): The Government requires Product Demonstration Models (PDMs) for each item while the 

solicitation is open. The PDMs must be received no later than the time set for closing of offers. Offers will be evaluated to determine 

compliance with all characteristics listed for evaluation in FAR 52.212-2 herein. Failure to furnish this information and PDMs by the time 

specified in the solicitation may be cause for rejection of the proposal. The offer may be rejected under the late offer clause or may be 

rejected because additional submissions will be tantamount to a submission of a new offer. A cover letter may accompany the offer to 

set forth any information you wish to bring to the attention of the Government. 

Solicitation Provisions:

Product Demonstration Models (PDMs) are to be submitted at no expense to the Government and must be received prior to the time set 

for closing of offers. PDMs will become the property of the Government and will not be returned to the offeror. Failure to submit PDMs 

may result in rejection of an offer. 

a. The PDM is the standard to which all production under any contract resulting from this solicitation must conform. Offerors are 

cautioned that samples produced in test facilities may not be comparable to the product produced on a production line, which 

result in rejection of the product. Also major changes in production methodology or packaging, such as implementation of new 

technology, may result in production that does not meet the production standard, which would require the submission and 

evaluation of new PDMs. Should the contractor at any time plan to, or actually produce the product using different raw material 

or process methodologies from the approved Product Standard, which result in a product non-comparable to the Product 

Standard, the contractor shall arrange for a Replacement PDM approval. In any event, all product produced must meet all 
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requirements of this document including Product Standard comparability. 

b. The Government will evaluate the PDMs for compliance with the item description and product specifications and will also 

evaluate the sensory attributes of the food product to include appearance, odor, flavor and texture using the recognized 9-point 

quality rating scale to determine product quality, where 9 is the highest rating and 1 the lowest rating. 

c. Vendors shall have one opportunity to correct any deficiencies found during the evaluation of PDMs submitted as part of the 

initial proposal. Revised or alternate PDMs submitted during negotiations shall be evaluated for the same criteria detailed 

above. Vendors are advised that if their PDMs have a score of less than 5 after the second evaluation, their proposal will be 

determined to be technically unacceptable and will not be considered for award. 

 

d. PDMs shall be submitted as follows: 

A total of 30 samples of PDM items shall be submitted as stated below: 

i. A total of 12 PDMs shall be sent to: 

Department of the Army 

FCDD-SCC-EMR (Attn Jill Bates) 

U.S. Army Combat Capabilities Development Command - Soldier Center 

10 General Greene Avenue 

Natick, MA 01760-5000 

Lab # 508-206-3315 

Jill.M.Bates@us.army.mil 

 

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

information:

Product Demonstration Model Sample 

Solicitation Number 

Product Identity 

Lot # 

Company Name and Address 

Point of Contact Name and Phone Number 

 

Inside the case, along with the samples, should be the required paperwork, fully identifying the product, 

solicitation number, contract number (if applicable), whether the item is an Initial, Replenishment, or 

Replacement PDM, USDA certification, any test results available, or any other information to assist in 

identifying the product and conducting the evaluation. 

 

Offerors may direct proposed subcontractors to submit PDM samples directly to Natick on their behalf. In 

those instances, the offeror will send written notification of subcontractor submissions to Natick and such 

PDMs must be clearly labeled for which offeror they are being submitted. This documentation must also be 

part of their proposal. PDMs will not be evaluated until written notification from the offeror is received. This 

consideration does not relieve the offeror of the full responsibility for submitting all PDMs in a timely manner. 

Late submissions of PDMs may be the basis for rejection of the proposal. 

 

The Offeror shall provide a complete list of its PDMs submitted, with its technical proposal, to include: item, 

source of supply name and address, and item lot number. Note: Offerors may submit PDMs to Natick for 

evaluation any time after solicitation issuance. However, PDM Samples and documentation must be submitted 

by the deadline for receipt of proposals to the Business Opportunities Office (BOO) at DLA TROOP SUPPORT 

with the aforementioned supplier and lot number information. 

 

ii. A total of 16 PDMs shall be sent to the cognizant in-plant Government inspector. In this instance, the offeror shall 

advise the Government inspector after production of the PDMs and shall obtain a signed statement from the 

inspector confirming possession of the samples and identifying the samples as from the same production lot 
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as those submitted to Natick. The offeror shall submit this statement(s) with this balance of PDM samples 

submitted to DLA Troop Support. 

 

iii. The remaining 2 PDMs of the same product lot code as those submitted to Natick and the USDA government 

inspector shall be mailed along with your technical proposal to the address indicated on Block 9 at DLA Troop 

Support (attn. Jennifer Dam) on the first page of the solicitation. Coordinate sample submission with the 

Contracting Officer prior to submittal to DLA Troop Support- Subsistence. 

 

iv. PLEASE NOTE: This requirement is waived for any offeror who has submitted and received an acceptable rating on a 

PDM or FA from Natick, in the 12 months prior to the solicitation close date. Please provide documentation 

from Natick of the passing PDM score. 

 

v. Late submissions of PDMs may be the basis for rejection of the proposal. 

 

vi. The PDMs required in this part of the solicitation, which are submitted to Natick, must have any required analytical 

results included as part of the offer for this technical evaluation factor. The analyticals are to be self-certified or 

certified by the USDA (i.e., testing of official USDA samples by a USDA/AMS laboratory) for current suppliers of 

these items and self-certified by other potential offerors. Failure to submit the required certified analyticals 

with PDMs may result in the proposal not being considered for award. The offeror should include applicable 

documentation to establish that the product has been processed to meet commercial sterility requirements. e.

g.: including incubation sample results. 

 

 

e. Every 12 months, the Government Quality Assurance Representative (GQAR) will randomly select 12 replenishment samples for 

Natick and 16 replenishment samples for the government's supply at origin from a lot accepted by the government for all 

contractual requirements. The contractor will be responsible for shipment to Natick. This replenishment may occur earlier if 

necessary to ensure an adequate supply of PDM samples. The contractor will also use samples from this same lot as the 

production standard.

 

i. Replenishment PDMs are defined as product samples used to reestablish the product standard due to depleting the 

current PDM stocks or as required by schedule. Replenishment PDMs will be evaluated for appearance, odor, 

flavor and texture, must be equal to or better than the existing product standard for all characteristics, and 

must meet the requirements for those characteristics in the appropriate product technical requirements 

document or specification(s). Upon acceptance the replenishment PDM will become the new product 

standard.

ii. If a Replenishment PDM is rejected by Natick, the next conforming production lot will be submitted by USDA as a 

Resubmittal PDM Replenishment. This follow-up Resubmittal PDM Replenishment and any subsequent 

Resubmittal lots cannot be shipped by the manufacturer without an acceptable evaluation result from Natick. 

iii. The cut-off date for PDM Replenishments will be 18 months. After 18 months, USDA will submit a PDM sample to 

Natick as a Replacement PDM, following the PDM submittal process. The production lot that is used for the 

Replacement PDM submittal cannot be shipped by the manufacturer without an acceptable evaluation result 

from Natick. 

 

f. If the contractor wishes to establish a new standard, that new standard would be called a Replacement PDM. 

Replacement PDMs are defined as product samples that are non-comparable to the established PDM, e.g. due to different 

ingredients or process methodologies. Replacement PDMs are submitted by the contractor and follow the same submittal 

process as the initial PDM. At no time will there be two standards for the product. 
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g. Periodic Review samples are required for all Polymeric Tray items. The following are the requirements and distribution of samples: 

The USDA Inspector shall select eight samples of each item produced during each month of Polymeric Tray production. The 

eight samples will be selected from four random sampling points in the lot and Natick will receive samples from each of those 

four sampling points. The remaining samples will be distributed to the USDA review locations. These samples shall be 

designated as Monthly Review Samples. The USDA Inspector will ship them monthly to the following locations at the 

contractor's expense: 

 

One sample of all items to the USDA, AMS, FV, SCI Division Review Locations (Washington, DC; Oshkosh, WI; South Bend, IN and 

Winter Haven, FL) 

AND 

Four samples of all items to: 

DEPARTMENT OF THE ARMY 

FCDD-SCC-EMR (Attn Jill Bates) 

COMBAT CAPABILITIES DEVELOPMENT COMMAND-SOLDIER CENTER 

10 GENERAL GREENE AVENUE 

NATICK, MA 01760-5056 

 

h. In the event that an offeror's PDM was found technically acceptable, but not offered the award, the offeror may present the 

remainder of the PDM lot, to the Government for purchase at the awarded price. The Government retains the option to 

purchase the remainder of the lot at the order price. 

 

 

 

 

 

 

 

 

 
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52.212- 2 EVALUATION-COMMERCIAL ITEMS (OCT 2014) - FAR 

 

(a) This procurement will utilize trade-off Source Selection Procedures. The Government will award a contract(s) resulting from this 

solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, technical 

factors and price considered. The following shall be used to evaluate offers: 

 

1. Product Demonstration Models 

 

The Government shall evaluate PDMs for compliance with product specifications and for compliance with the sensory characteristics 

designated and defined in the product's technical documents (PCR). These sensory characteristics, namely appearance, odor, flavor, and 

texture (or combination thereof where dictated by the product's technical documents), shall represent distinct sensory characteristic 

categories and shall be evaluated by category by panelist at Natick. Each panelist shall assign to each sensory characteristic category a 

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

 

2. Past Performance 

 

The Government will assess the offeror's performance record for the past two years, regarding timely delivery, product quality history of 

the offered or similar items, and customer service, and based on that evaluation, will assign each offeror a rating that will reflect the 

Government's degree of confidence that the offeror will perform satisfactorily. The assessment will be based on the information 

provided by the offeror in its proposal. Government in house records including PPIRS Information if available, and information obtained 

from other sources. 

 

Past Performance sub-factors Delivery History and Quality will be evaluated equally. 

 

1) Delivery History 

 

The government will evaluate the offeror's past performance for the past two years as it relates to delivery of each 

offeror`s own corporate entity and any partners, joint ventures, subcontractors, etc., who will be performing on the 

proposed contract for the offered item or similar item. Based on that evaluation, each offeror will be assigned a rating 

that will reflect the government's degree of confidence that the offeror will perform satisfactorily. The government will 

evaluate the offeror's record of past performance as reflected in its performance of previous government and 

commercial contracts, and the contractor's reliability in providing delivery of product that conforms to the solicitation. 

 

The government will consider all relevant facts and circumstances, and therefore, encourages offeror to divulge 

and explain in their proposal any unfavorable delivery instances that occurred for the past two years. 

 

2) Quality 

 

The government will evaluate the offeror's record of past performance as reflected in its performance of previous 

government and commercial contracts, and the contractor's reliability in providing product that conforms to the 
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solicitation requirements. Based on that evaluation, each offeror will be assigned a rating that will reflect the 

government's degree of confidence that the offeror has the ability to produce an acceptable quality product that meet 

the specification requirements. 

 

This assessment will be based on information provided by the offeror in its proposal, information contained in 

records maintained by the government and possibly by investigation of the contractor's record of performing 

commercial contracts. The government will consider all relevant facts and circumstances, and therefore, encourages 

offerors to divulge and explain in their proposal any unfavorable quality instance that occurred for the past two years. 

 

 

 

 

3. Price 

The Government will evaluate each offeror's unit prices. Pricing is required for all four tiers. Failure to offer pricing on all tiers could result 

in rejection of the entire proposal. For award evaluation purposes, the estimated quantity will be multiplied by the unit prices offered for 

each of the four tiers. Then, the estimated prices for the four tiers, will be added together to calculate the total estimated price. The total 

price of all tiers will be used to estimate the overall lowest price to the Government. The Government may determine that an offer is 

unacceptable if the Tier prices are significantly unbalanced. 

Technical factors, Product demonstration models (PDMs) and Past Performance, when combined, are significantly more important than 

price. The product demonstration model (PDM) factor is significantly more important than the past performance factor. As product 

demonstration models (PDMs) and past performance become more equal, the evaluated price becomes more important. The ability of 

the contractor to meet all terms and conditions of the solicitation will also be considered. It is a requirement that the Integrated Pest 

Management Plan (IPM) and the completed Food Defense Checklist are submitted as part of the proposal and are to be acceptable prior 

to award. All required submissions must be received from offerors before the time set for closing. Failure to furnish this information by 

the time specified may be cause for rejection if not otherwise acceptable under FAR provisions for considering late offers. The 

Government reserves the right to award to other than the lowest priced offeror. 

 

(b) Evaluation Process:

 

Subsequent to the date specified in the solicitation for receipt of proposals, all timely proposals will undergo an evaluation. PDMs, Past 

Performance and Price will be evaluated separately and then an integrated assessment of the offeror will be made by the contracting 

officer. The contracting officer will make a competitive range determination (CRD) based on these evaluations and submit it to the 

Source Selection Authority (SSA) for approval. Proposals deemed unacceptable will be rejected and will not be included in the 

competitive range. If award is not made on the basis of initial proposals, written and/or oral discussions will be conducted with all 

offerors in the competitive range. 

Final Revision Proposals and offers resulting from discussions will undergo further similar evaluations. Finally, a proposal will be selected 

for award by the Source Selection Authority (SSA). While the SSA's assessment will strive to determine the overall value of each offeror, 

subjective judgment on the part of the Government evaluators is implicit in the entire process. The Government reserves the right to 

select a successful offeror at other than the lowest price submitted and in accordance with the evaluation factors set forth. 

Final evaluation reports will be furnished to the contracting officer. The contracting officer will analyze the reports and prepare a written 

source evaluation report and present it to the SSA. Based on the reports and analysis, the SSA will make the decision as to which offeror

(s) is (are) selected for award. The responsible offeror(s) whose proposal(s) is (are) most advantageous to the Government, as determined 

by the evaluation of proposal(s) according to the evaluation factors established above will be selected for award. 

 

(c) Tier Periods. The Government will evaluate offers for award purposes by adding the total price of all Tiers. The Government may 

determine that an offer is unacceptable if the Tier prices are significantly unbalanced. 

 

(d) 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. 

 

NOTE: If an offeror does not understand these instructions, then it should e-mail the Contracting Officer for clarification 
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sufficiently in advance of the deadline for the receipt of offers to get an answer in time to meet that deadline. 

 

II. INSPECTION AND ACCEPTANCE REQUIREMENTS 

A. For the purposes of Inspection/Acceptance and Shipment/Delivery, a manufacturer's “lot” shall be considered no greater than 

a single shift's production. 

 

Note: When product is being delivered to Tracy Depot in California, lot numbers will not be mixed on the same pallet. 

 

 

B. For finished products produced under the Regulations Governing the Inspection of Eggs and Egg Products (9 CFR Part 590) 

inspection for compliance with in-process contract requirements, as specified in Section C-2, J and K of PCR-E-017B dated 9 

November 2018 w/Change 02 22 Jan 2020 (Egg Mix, Reduced Cholesterol Pasteurized, Uncooked, Dehydrated, Packaged in 

a Boil-in-Bag (BIB), shall be performed by the USDA Food Safety Inspection Service in accordance with the Regulations 

Governing the Voluntary Inspection for Egg Products (9 CFR Part 590). Inspection of the finished product for compliance 

with end-item contract requirements shall be contractor-paid lot inspection by USDA, AMS, FV, PPB. 

 

For finished product production exempt under the Regulations Governing the Inspection of Eggs and Egg Products, inprocess monitoring, inspection for compliance with in-process contract requirements, and end-item inspection of the 

finished product for compliance with contract requirements shall be contractor-paid in-plant inspection by USDA, AMS, FV, 

PPB. In-process in-plant monitoring shall be performed during processing, including, but not limited to, product 

formulation, handling, processing, and packaging. Review of records may be substituted for on-site presence when 

products are sealed in processing vessels. 

 

In all cases, the contractor shall provide a certificate of conformance for each lot of finished production stating that the lot 

was produced using the same ingredient formulation as the approved production standard. The Government reserves the 

right to verify formulation through on-site monitoring. 

 

C. OPTIONAL CONTRACTOR TESTING is provided by the alternate inspection requirements of DLAD 52.246-9024, Alternative 

Inspection Requirements for Selected Items. 

 

III. ITEM DESCRIPTION 

The below listed item descriptions include the required technical specification (i.e. Performance Contract Requirements (PCRs), 

Commercial Item Descriptions (CIDs), etc) for this acquisition. 

 

NSN: 8910-01-676-3443 EGG MIX, REDUCED CHOLESTEROL, PASTEURIZED, UNCOOKED, DEHYDRATED, LARGE OPENING 

FITMENT AND CAP, butter flavored, 476 gm (16.8 oz.)net weight packaged in a Boil-in-Bag (BIB), 2 BIB pgs per overwrapped barrier 

pouch,PCR-E-017B, dated 9 November 2018 with Change 02 dated 22 Jan 2020 (UNITIZED GROUP RATION ONLY). 

 

Copies of the required technical specifications (i.e.: Performance Contract Requirements (PCRs), Commercial Item Descriptions (CIDs), etc) 

may be obtained upon request from: 

 

Defense Logistics Agency 

DLA Troop Support 

Ms. Shannon Dempsey, Food Technologist 

ATTN: FTSC 

700 Robbins Avenue, Philadelphia, PA 19111-5092 

Telephone: (215-737-7802) 

e-mail: Shannon.Dempsey@dla.mil

 

Copies of the stated documents may also be obtained at the DLA Troop Support Subsistence Internet website located at http://www.dla.

mil/TroopSupport/Subsistence/Operationalrations/ugrhs/ugrptpcr/ugrpt14.aspx or http://www.dla.mil/TroopSupport/Subsistence/

OperationalRations/cids/

 
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IV. TRACEABILITY 

 

In order to facilitate an effective traceability for the Unitized Group Ration Program, the contractor shall ensure that each primary 

container (unit pack) and intermediate container, if required, has a lot number and Date of Pack (DOP). These package codes shall be 

permanent and legible. 

 

Use of the Julian Date for the lot number and a time stamp (hour and minute of filling/sealing) is preferred. For example (1296 12:15), 

1296 = October 23, 2011 and 12:15 representing the time of filling/sealing. When not required by specification, the contractor's lot 

identification may be of their own coding, i.e. a closed code, but the contractor shall provide the coding information for the primary 

containers and the contract data markings upon delivery. Package codes (to include time per case lot number shall be identified on the 

appropriate accompanying DD Form 250 upon delivery. 

 

Additionally, the contractor shall ensure that traceability records include identifying ALL ingredients and ALL sources for those 

ingredients. This shall be accomplished for the each item, brand and component that is shipped to the Defense Depot (Assembler) for 

the Unitized Group Ration Programs. 

This information shall be made available within 24 hours. 

 

 

V. PRODUCT SANITARILY APPROVED SOURCE REQUIREMENTS 

 

As required by 48 CFR 246.471 Authorizing Shipment of Supplies, AR 40-657, Veterinary/Medical Food Safety, Quality Assurance and 

Laboratory Service, DLAR 4155.3, Inspections of Subsistence Supplies and Services, DLAD 52.246-9044, "SANITARY CONDITIONS (APR 

2014), and as clarified by the Armed Forces Food Risk Evaluation Committee, 31 JAN 1996, all Operational Ration Food Components will 

originate from sanitarily approved establishments. Acceptable sanitary approval is constituted by listing in the "Directory of Sanitarily 

Approved Food Establishments for Armed Forces Procurement," published by the U.S. Army Institute of Public Health (USAIPH), or an 

establishment inspected and approved by the U.S. Department of Agriculture (USDA) or the U.S. Department of Commerce (USDC) and 

possessing a USDA/USDC establishment number. This requirement applies to all GFM and CFM Operational Ration Food Components 

and to all Operational Ration types. Requests for inspection and "Directory" listing by USAIPH will be routed through DLA Troop SupportFTSC for coordination and action. Situations involving sole sources of supply, proprietary supply sources, and commercial Brand Name 

items will be evaluated directly by the Chief, DLA Troop Support-FTSC, in coordination with the Chief, Approved Sources Division, 

USAIPH. 

SANITARY CONDITIONS 

(a) Food establishments. 

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

approval and surveillance as deemed appropriate by the Military Medical Service or by other Federal agencies recognized by the Military 

Medical Service. The Government does not intend to make any award for, nor accept, any subsistence products manufactured, 

processed, or stored in a facility which fails to maintain acceptable levels of food safety and food defense, is operating under such 

unsanitary conditions as may lead to product contamination or adulteration constituting a health hazard, or which has not been listed in 

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

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

listed in the U.S. Army Institute of Public Health (USAIPH) Circular 40-1, Worldwide Directory of Sanitarily Approved Food Establishments 

for Armed Forces Procurement, (Worldwide Directory) (available at: http://phc.amedd.army.mil/topics/foodwater/ca/Pages/

DoDApprovedFoodSources.aspx). Compliance with the current edition of DoD Military Standard 3006A, Sanitation Requirements for 

Food Establishments, is mandatory for listing of establishments in the Worldwide Directory. Suppliers also agree to inform the 

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

Directory and/or other Federal agency's listing, as indicated in paragraph (2) below. Suppliers also agree to inform the Contracting 

Officer when sanitary approval is regained and listing is reinstated. 

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

directory. Additional guidance on specific listing requirements for products/plants included in or exempt from listing is provided in 

Appendix A of the worldwide directory. 
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(i) Meat and meat products and poultry and poultry products may be supplied from establishments which are currently listed in 

the “Meat, Poultry and Egg Inspection Directory,] published by the United States Department of Agriculture, Food Safety and Inspection 

Service (USDA, FSIS), at http://www/fsis/usda/gov/wps/portal/fsis/topics/inspection/mpi-directory . The item, to be acceptable, shall, on 

delivery, bear on the product, its wrappers or shipping container, as applicable, the USDA shield and applicable establishment number. 

USDA listed establishments processing products not subject to the Federal Meat and Poultry Products Inspection Acts must be listed in 

the Worldwide Directory for those items. 

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

within the same state (intrastate) may be supplied when the items are processed in establishments under state inspection programs 

certified by the USDA as being “at least equal to” the Federal Meat and Poultry Products Inspection Acts. The item, to be acceptable, 

shall, on delivery, bear on the product, its wrappers or shipping container, as applicable, the official inspection legend or label of the 

inspection agency and applicable establishment number. 

(iii) Shell eggs may be supplied from establishments listed in the “List of Plants Operating under USDA Poultry and Egg Grading 

Programs” published by the USDA, Agriculture Marketing Service (AMS) at http://www.ams.usda.gov/poultry/grading.htm. 

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

Inspection Directory” published by the USDA FSIS at http://apps.ams.usda.gov/plantbook/Query_Pages/PlantBook_Query.asp . All 

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

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

(v) Fish, fishery products, seafood, and seafood products may be supplied from establishments listed under “U.S. Establishments 

Approved For Sanitation And For Producing USDC Inspected Fishery Products” in the “USDC Participants List for Firms, Facilities, and 

Products”, published electronically by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration Fisheries 

(USDC, NOAA) (available at: seafood.nmfs.noaa.gov). All products, to be acceptable, shall, on delivery, bear on the product, its wrappers 

or shipping container, as applicable, the full name and address of the producing facility. 

(vi) Pasteurized milk and milk products may be supplied from plants having a pasteurization plant compliance rating of 90 

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

Milk Shippers” (IMS), published by the U.S. Department of Health and Human Services, Food and Drug Administration (USDHHS, FDA) at 

http://www.fda.gov/Food/GuidanceRegulation/FederalStateFoodPrograms/ucm2007965.htm. These plants may serve as sources of 

pasteurized milk and milk products as defined in Section I of the “Grade `A' Pasteurized Milk Ordinance” (PMO) published by the 

USDHHS, FDA at http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/Milk/default.htm. 

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

for USDA Grading Service”, published electronically by Dairy Grading Branch, AMS, USDA (available at: http://www.ams.usda.gov/

AMSv1.0/getfile?dDocName=STELPRD3651022 ) may serve as sources of manufactured or processed dairy products as listed by the 

specific USDA product/operation code. Plants producing products not specifically listed by USDA product/operation code must be 

Worldwide Directory listed (e.g., plant is coded to produce cubed cheddar but not shredded cheddar; or, plant is coded for cubed 

cheddar but not cubed mozzarella). Plants listed in Section II and denoted as “P” codes (packaging and processing) must be Worldwide 

Directory listed. 

(viii) Oysters, clams and mussels from plants listed in the “Interstate Certified Shellfish Shippers Lists” (ICSSL), published by the 

USDHHS, FDA at http://www.fda.gov/food/guidanceregulation/federalstatefoodprograms/ucm2006753.htm. 

(3) Establishments exempt from Worldwide Directory listing. Refer to AR 40-657/NAVSUPINST 4355.4H/MCO P1010.31H, Veterinary/

Medical Food Safety, Quality Assurance, and Laboratory Service, for a list of establishment types that may be exempt from Worldwide 

Directory listing. (AR 40-657 is available from National Technical Information Service, 5301 Shawnee Road, Alexandria, VA 22312 ; 

1-888-584-8332 ; or download from web site: http://www.apd.army.mil/pdffiles/r40_657.pdf ) For the most current listing of exempt 

plants/products, see the Worldwide Directory (available at: http://phc.amedd.army.mil/topics/foodwater/ca/Pages/

DoDApprovedFoodSources.aspx). 

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

“Manufactured For”, etc., are not acceptable unless the source of manufacturing/processing is indicated on the label or on 
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accompanying shipment documentation. 

(5) When the Military Medical Service or other Federal agency acceptable to the Military Medical Service determines the levels of food 

safety and food defense of the establishment or its products have or may lead to product contamination or adulteration, the Contracting 

Officer will suspend the work until such conditions are remedied to the satisfaction of the appropriate inspection agency. Suspension of 

the work shall not extend the life of the contract, nor shall it be considered sufficient cause for the Contractor to request an extension of 

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

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

(b) Delivery conveyances. 

The supplies delivered under this contract shall be transported in delivery conveyances maintained to prevent tampering with and /or 

adulteration or contamination of the supplies, and if applicable, equipped to maintain a prescribed temperature. The delivery 

conveyances shall be subject to inspection by the government at all reasonable times and places. When the sanitary conditions of the 

delivery conveyance have led, or may lead to product contamination, adulteration, constitute a health hazard, or the delivery 

conveyance is not equipped to maintain prescribed temperatures, or the transport results in product `unfit for intended purpose', 

supplies tendered for acceptance may be rejected without further inspection. 

VI. MARKING OF SHIPPING CONTAINERS AND MARKING OF UNIT LOADS 

 

All Shipping Containers and Unit Loads shall be clearly marked, in accordance with DLA Troop Support Form 3556 entitled “Marking 

Instructions for Boxes, Sacks, and Unit Loads of Perishable and Semi-perishable Subsistence, dated April 2014, with the following 

information on two adjacent sides of the load with the largest characters possible as follows: 

Unitized Ration Component 

National Stock Number 

Item Name 

Date of Pack and Lot Number 

Number of Shipping Containers per Pallet 

Contract Number 

Contractor's name and Address 

Inspection Test Date (ITD) 

 

Note: For the Inspection Test Date, the expected shelf life is found in the applicable solicitation/contract. To calculate the ITD, add the 

shelf life value to the month/year date of pack. 

Example, if the Date of Pack is June 2007, and the shelf life is 36 months (3 years), then the ITD is computed as follows: 6/07 + 3 years = 

6/10. If labels are used, they shall be permanently affixed with water-resistant adhesive tape. 

 

Shipments without the appropriate Shipping Container and Unit Load Markings will be rejected and returned to origin, or at the 

Contracting Officers discretion, reworked at a labor rate determined by the destination activity (not DLA Troop Support). 

 

VII. UNITIZATION 

 

Unit loads shall have the shipping containers arranged on a 40 inch by 48 inch commercial wood or plywood four-way entry pallet, or on 

a 48 inch by 40 inch Grocery Manufacturers of America wood four-way entry pallet. The load shall be bonded with non-metallic 

strapping, shrink or stretch film, or others means that comply with carrier rules and regulations applicable to the mode of transportation 

(adhesive bonding is not acceptable). 

 

Bonding material shall secure the load to the pallet to form a consolidated, stable cargo which can be handled as a unit. For example, 

when strapping is used to secure the load, the straps shall pass under the top deck boards of the pallet. When stretch or shrink film is 

used, it must be applied low enough on the pallet to secure the load to the pallet. The unit load height shall not exceed 50 inches. 

 

Inspection of unit loads shall be in accordance with classification Type III, Class G of DLA Troop Support Form 3507 of April 2014 entitled 

“Loads, Unit: Preparation of Semi-perishable Subsistence Items.” 

 

NOTE: The unit load dimensions are 40 inches in length by 48 inches in width and 50 inches in height. 
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These dimensions are exact and can be no larger than what is specified. No overhang is permitted. 

 

REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM) 

WOOD PACKAGING MATERIAL (WPM) WILL BE USED TO MAKE SHIPMENTS UNDER THIS 

CONTRACT AND/OR WHEN WPM IS BEING ACQUIRED UNDER THIS CONTRACT. 

 

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). 

 

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. 

 

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/). 

 

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. 

 

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. 

 

 

VIII. QUALITY ASSURANCE PROVISIONS INSPECTION/ACCEPTANCE 

 

The contractor must meet all characteristics specified herein. For product requiring contractor-paid USDA, only end-item inspection of 

the finished product for compliance with contract requirements shall be lot inspected by USDA, AMS, FV, PPB In addition, Government 

inspection shall also be at destination for identity, count and condition for all terms and conditions of the contract. This shall include but 

is not limited to the following: 

1. All shipments must be accompanied by an accurate DD-250, and all other pertinent invoices as required. 

2. All unit loads must be marked in accordance with DLA Troop Support Form 3556. 

3. All unit loads shall be stable and not exceed 50 inches in height including pallet material. 

4. All delivered product shall be free of defects. 

5. All shipments must contain the correct quantity as specified by DLA Troop Support. 

6. Appointments must be scheduled with the receiving activity prior to delivery. 

7. All delivered product must meet or exceed the appropriate product requirements as described in this Solicitation. 

8. All delivered products must meet the required date of pack/shelf life requirements. 

9. To determine the date of pack, any closed date code must be accompanied with documentation deciphering the closed product code. 

10. All delivered products must be free of insect and rodent infestation. 

 

Failure to comply with ANY of the above conditions may result in the shipment(s) being rejected and returned to origin, or at the 

Contracting Officer's discretion reworked at a labor rate determined by the destination activity (not DLA Troop Support). 

 

QUALITY ASSURANCE PROVISIONS:

By submitting an offer, the contractor certifies that the product offered meets: the specified finished product salient characteristics and 

all requirements of this contract; conforms to the producer's own specifications and standards, including product characteristics, 

manufacturing procedures, quality control procedures, and storage and handling practices; has a national or regional distribution from 

storage facilities located within the United States, its territories, or possessions; and is sold on the commercial market. 
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The Government reserves the right to determine proof of such conformance prior to the first delivery from the point of origin and any 

time thereafter, as may be necessary, to include delivery at final destination, and for the time the product is covered under warranty, to 

determine conformance with the provisions of the contract. 

End item lots determined nonconforming may be reworked to correct or screen out the defective units. Rework shall only be considered 

acceptable to the Government when the rework procedure has a reasonable probability of correcting the deficiency. 

An end item lot rejected by the contractor or Government must be reworked and re-offered within 30 days from the date of initial 

rejection. 

The supplies or products furnished under the contract shall be produced in accordance with the provisions of 21 CFR, Part 110, “Current 

Good Manufacturing Practices in Manufacturing, Packing or Holding Human Food,” and all regulations referenced therein. 

 

IX. DATE OF PACK 

 

Acceptance will be limited to product processed and packed subsequent to date of award of delivery order. Additionally, all shipments of 

components/product from a producer to destination/assembly points shall not be older than 90 days at delivery. 

 

X. REWORK OF NONCONFORMING PRODUCT PRE OR POST ACCEPTANCE 

 

Rework of Nonconforming Product: The Government QAR must be informed and provided documentation of all rework results when 

product is presented for Government verification inspection or prior to Government inspection as indicated below.

 

A. Corrective Action (Rework/Screen Inspections) Taken Prior To Government Verification Inspection (Receipt, InProcess And End-Item Inspections): Unless otherwise specified below, all reworks and screening inspections conducted prior to the 

Government verification inspection do not require approval from the Government. Although the GQAR must be informed of all reworks, 

the contractor is not required to obtain approval to take corrective and preventive action as deemed necessary to ensure compliance 

with contractual requirements. For reworks requiring the Government's approval (as specified below), the contractor may submit a 

Standard Rework Procedure (SRP), for certain defects, under the contractor's documented QSP section XII - Corrective and Preventive 

Action Program. The SRPs must be specific and these must be evaluated by DLA Troop Support-FTR, and DLA Troop Support-FTSC, and 

approved by the applicable Contracting Officer.

 

NOTE: All requests for rework shall be accompanied with a COMPREHENSIVE rework plan. The rework plan will include rational 

information and data that supports the rework plan and ensures the elimination of nonconforming material from the lot. When a 

contractor determines as a result of his end item inspection(s) or QSP that supplies do not conform to contractual requirements and the 

supplies cannot be reworked (such as drained weight, viscosity, piece size, residual air, etc), he has the alternative to request the 

Contracting Officer for a waiver for the nonconforming requirement. If the Contracting Officer approves the waiver request for a specific 

requirement, the written waiver approval shall be provided to the GQAR when the supplies are presented for Government Verification 

Inspection (the skip-lot inspection does not apply in this case). The GQAR shall inspect the supplies for compliance with all requirements 

of the contract, except the waived requirement. The Contracting Officer, in special circumstances, may request the GQAR to inspect for 

the non-conforming characteristics also, after the waiver for the nonconforming requirement has been provisionally approved, to 

determine severity of nonconformance only. Due to the type of statistical sampling cited in the contract, under no circumstances shall a 

lot found nonconforming by the contractor be inspected by the GQAR to determine conformance to a requirement that has previously 

been established as nonconforming by the contractor's inspection. After any lot's failure or rework, if the lot is reinspected, it will be both 

Contractor and Government inspected at the next higher sample size; however, the accept/reject numbers used for the normal 

inspection will be used. 

 

 

B. The Following Reworks Must Be Coordinated With The Supervisory GQAR And Approved By The Applicable DLA 

Troop Support-FTR Office. 

 

1. Insect or Rodent Infestation/Contamination: Reworks must be approved by DLA Troop Support-FTSC.

 

2. Food Safety and Foreign Material: All corrective actions for product retained due to processed/unprocessed 

container mix-ups must be approved by FTR. Thermal process deviations or deviations from the preparation, formulation or critical 

factors cited in the approved process schedule must be accompanied by a detailed letter from the plant's Processing Authority. The 

involved subcode(s), the deviation, and the disposition of the product shall be clearly identified when the complete lot is presented for 
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Government end item verification inspection. If the producer fails to provide enough information/data in the case of a deviation, the 

GQAR shall contact FTR for approval to proceed with the Government end item verification inspection. These requirements are in 

addition to applicable Code of Federal Regulations or other regulatory requirements (USDA-FSIS, FDA). 

 

Foreign material identified during normal in-process control actions does not require a waiver request from DLA Troop Support FTR, but 

does require USDA notification of the incident. However, foreign material discovered during the Contractor or GQAR/USDA end item 

inspection is cause for rejection of the lot. Rework requests that involve foreign material identified during end item inspections require 

approval from DLA Troop Support FTR before the rework activity can proceed. 

 

Note: A notification of nonconformance containing ineffective corrective actions, as identified by USDA, require DLA-TS attention and 

action 

 

“Retesting/re-inspection/rework of product that tested positive for food borne pathogens (salmonella, e. coli, etc.) is not authorized.” 

 

Note: Deviations (that occur during or prior to the production of a product) from specific preparation/ formulation/ingredient 

requirements cited in the specifications shall be submitted as a request for product deviation and must be approved and coordinated 

with the Specification Preparing Activity (Natick) through the applicable Contracting Officer.

 

3. Container Integrity Defects: All reworks due to container integrity defects noted during the producer's end item 

inspection (for critical container defects only) or Government final lot end item verification inspection, must be approved by FTR unless 

100% primary container rework of the entire lot is conducted at source (Note: All second time reworks must be approved by the 

applicable FTR office). All containers exhibiting same or other container integrity defects must be removed during the 100% primary 

container rework and noted on the rework paperwork. Reworked lots will be inspected or re-inspected, as applicable, by the contractor 

at the location of the rework using the next larger sample size (for example, from 200 samples to 315, or if a second rework, from 315 

samples to 500 samples). Rework results must be included with other paperwork when the lot is presented for Government end item 

verification inspection.

 

4. Second Time Reworks: All second time reworks must be approved by the applicable FTR office.

 

5. Nonconformances Noted During The Government End Item Verification Inspection: 

All rework requests submitted for defects noted during Government end item verification inspections must be approved by the 

applicable Contracting Officer, unless exempted under paragraph 3 above. 

 

 

C. Contractor's Quality History: 

 

1. Effectiveness of corrective actions (rework/screen inspections) taken by the contractor prior to Government end item 

verification inspection (receipt, in-process and contractor's end-item inspections) will be determined by the results of the end item 

verification inspection performed by the GQAR. Corrective actions taken to ensure compliance with the contractual requirements 

prior to the Government end item verification inspection will not be counted against the contractor's quality history. If product is 

found conforming during the Government end item verification inspection, the corrective action will be determined to have been 

effective. However, all requests for waivers and product deviations will be counted. 

 

2. If product is found nonconforming during the Government end item verification inspection following contractor 

corrective action for the same defect (or defect category in case of critical container defects) for which the contractor took a corrective 

action, the corrective action will be determined to have been ineffective. In addition to any action taken, the contractor must reevaluate 

their documented QSP and/or the implemented corrective and preventive action program by an internal audit and results must be 

submitted to DLA Troop Support-FTSB (Quality Systems Auditors). All corrective actions (rework/screening inspections, etc.) taken 

by the contractor due to a Government end item verification inspection rejection will be documented in the contractor's quality 

history records.

 

NOTE: If the contractor elects to rework nonconforming product, it must be reworked and reoffered within 30 days from date of initial 

rejection.

 
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All requests for rework shall be accompanied with a comprehensive rework plan. The rework plan will include rational information and 

data that supports the rework plan and ensures the elimination of nonconforming material from the lot. See “Request for Rework, 

Request for Waiver, Request for Deviation, or Re-inspection of Nonconforming Supplies”. 

 

D. Request for Rework, Request for Waiver, Request for Deviation, or Re-inspection of 

Nonconforming Supplies 

 

1. When contractor inspection or QSP, or Government verification by the QAR, reveals a process deviation or 

nonconforming lot, the contractor's written request for deviation, waiver, rework or re-inspection of the nonconforming lot(s) must be 

furnished, as appropriate to the Contracting Officer and cognizant Government QAR and shall at a minimum contain the following: 

NOTE: Subject line should include what is being asked for (i.e.: Request for Waiver for Drain Weight of Beef Stew or Request for 

Rework for Residual Air for Apple Dessert) 

a. Type of Request: Waiver, Notification, Re-inspection, Rework 

b. Approval Required from DLA: Yes or No 

c. Contractor Name/Address 

d. Contract Number 

e. Product Name 

f. National Stock Number 

g. Batch Number(s) (If Applicable) 

h. Sublot(s) (If Applicable) 

i. Lot Number(s) 

j. Process Category (i.e. Work-progress/End Item) 

k. Quantity 

l. Specification Requirement Number (PCR, CID, etc) 

m. Sample Size; Defect; Accept/Reject 

n. Defect Classification: Critical, Major, Minor, NA 

o. Inspection Failure (Summary of non-conformances) 

p. Failure Identified: Processing, Packaging, End Item 

q. Inspector: In-plant/Contractor or USDA 

r. Date of Incident 

s. Attachments (Provide in-house, USDA worksheets, in-process data) 

t. Root Cause of nonconformance or deviation (Describe using a short detailed paragraph; Tell a story of the 

incident) 

u. Corrective Action (Describe using a short detailed paragraph) 

v. Preventive Action (Describe using a short detailed paragraph; if preventive action is not possible, state why) 

w. Occurrence (Has this occurred before/when; if yes, what was the date/contract/lot number of last 

occurrence) 

x. Estimated Cost 

y. Effect on Delivery 

z. Justification for request (What are you asking for?) 

 

NOTE: All requests for rework shall be accompanied with a COMPREHENSIVE rework plan. The rework plan will include rational 

information and data that supports the rework plan and ensures the elimination of nonconforming material from the lot. After any lot's 

failure or rework, if the lot is re-inspected, it will be both Contractor and Government inspected at the next higher sample size; however, 

the accept/reject numbers used for the normal inspection will be used.

 

2. When a valid technical reason for re-inspection without rework is offered and permission is granted by the PCO, the 

contractor shall take corrective action to eliminate the cause of the inspection revealed failure; reinspect the non-reworked lot after 

taking the corrective action, and evaluate the results of the initial inspection and the re-inspection by means of recognized statistical 

methods. 

 

a. If the statistical tests reveal no significant difference between the results of the two inspections, acceptability 

will be based on re-inspection results. A significant difference is one that is real and not due to chance variation. Statistically, a difference 

which has a 0.05 probability of occurring by chance alone is usually considered a significant difference. 
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b. If such statistical tests reveal no significant difference between the results of the two inspections, both 

results will be reported to the Contracting Officer. 

1. The results of the two inspections will be averaged and acceptability will be based on whether the 

resulting average meets the requirement, when the requirement is an average (variable) requirement. 

2. The results of the initial (original) inspection will be the basis for the acceptability decision when the 

requirement is a unit (attribute) requirement. 

 

 

XI. INTEGRATED PEST MANAGEMENT (IPM) and FOOD DEFENSE/PROTECTION PLAN 

 

A. INTEGRATED PEST MANAGEMENT 

 

The procedures contained in the “Integrated Pest Management (IPM) Program Requirements for Operational Rations,” of April 

2011 are required and apply to all Operational Rations components. Each contractor is to have an IPM program in place prior to the 

initiation of production of Government product. The IPM plan and the associated pesticide labels and MSDS documents are not to be 

submitted to DLA Troop Support. The contractor shall have those documents available for on-site review during a Quality Systems 

Management Visit (QSMV) or Quality Systems Compliance Audit. In addition, evidence of an insect or rodent infestation, or 

contamination involving any end item will be cause for rejection of the involved lot. IPM program requirements can be found on the DLA 

Troop Support website at: https://www.dla.mil/Portals/104/Documents/TroopSupport/Subsistence/FoodSafety/FoodQuality/TS_ipmcpaf_171120.pdf

 

 

B. FOOD DEFENSE PLAN 

 

Currently, all DLA Troop Support Subsistence contracts have a requirement for submission and implementation of some type of 

Food Defense Plan at each contractor facility. As a result of increased risk for the potential of intentional food tampering the plan shall 

describe (in general terms) the type of preventive measures that are taken or will be taken to reduce Food Defense Plan vulnerabilities 

and to protect the food intended for DLA Troop Support's customers at CONUS and OCONUS locations. The plan must include 

preventive steps taken to safeguard product from intentional tampering/contamination during all stages of receipt, production, storage, 

assembly, delivery, and shipment. Areas of concern listed in this checklist must be addressed in the plan. The Food Defense Plan will be 

received, reviewed, rated, and kept on record in the Quality Audits & Product Protection Branch (DTA Troop Support-FTSB). Note: Points 

will be deducted for not responding to a question with a YES, NO, N/A or for not providing the information requested (e.g., 

establishment registration information). To download a copy of the DLA Troop Support Food Defense Checklist go to https://www.dla.

mil/Portals/104/Documents/TroopSupport/Subsistence/FoodSafety/FoodQuality/food_defense_check19MAR20.pdf or contact the 

applicable DLA Troop Support Contracting Officer or the Quality Audits & Product Protection Branch (DLA Troop Support-FTSB). 

 

C. CURRENT GOOD MANUFACTURING PRACTICES IN MANUFACTURING, PACKAGING OR HOLDING HUMAN FOOD 

 

Compliance with the provisions contained in Title 21, Code of Federal Regulations Part 110 “Current Good Manufacturing 

Practice in Manufacturing, Packaging or Holding Human Food,” and all regulations referenced herein, is required. In addition, the 

contractor is required to comply with all with the provisions contained within specific parts of the Code of Federal Regulations. For 

example, low-acid canned food manufacturers, Part 110 and 113 are applicable. 

 

XII. ENTRY INTO PLANT 

The Contracting Officer or any Government personnel designated by him shall be permitted entry into the Contractor's and 

Subcontractor's plants at any time during the effective period of the contract. Except for inspection services, the Contracting Officer shall 

give prior notice of the purpose of the meeting and shall furnish dates of the visit. 

 

XIII. PLACE OF PERFORMANCE 

A. The offeror must stipulate in its proposal to this solicitation information pertinent to the place of performance. 

B. Any change in place(s) of performance cited in this offer and in any resulting contract is prohibited unless it is specifically 

approved in advance by the Contracting Officer. 

 

XIV. PACKAGING: 
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If applicable, preservation, packaging, etc. furnished by suppliers shall meet or exceed the following requirements: 

Unit packages shall be designed and constructed so that the contents of each package shall be protected from damage during shipment 

and storage. Unit packages shall also be able to withstand subsequent handling. Unit packs susceptible to corrosion or deterioration 

shall be protected by preservative coatings. Items requiring protection from physical damage, or which are fragile in nature (i.e., glass) 

shall be protected by wrapping, cushioning, etc. or other means to mitigate damage during handling and shipment. If screw caps are 

used, they shall be secured to the bottles with a band of plastic shrink film or plastic tape. All bottles shall be hermetically sealed (inner 

seal) and secured to withstand any position in the shipping container without leaking. 

 

XV. LABELING:

If applicable, labeling for unit and intermediate containers shall meet those used in the commercial distribution or over the 

counter retail sales. The labeling shall be sufficient to clearly and visibly identify the contents of the package. All markings must comply 

with the applicable laws as set forth by the Federal Food Drug and Cosmetic Act and regulations promulgated there under. 

 

XVI. PACKING:

If applicable, the shipping container (including any necessary blocking, bracing cushioning or waterproofing) shall comply with 

the regulations of the carrier used and provide safe delivery to the destination point at the lowest possible tariff cost. It shall be capable 

of multiple handling and storage under favorable conditions for a minimum of one year. 

 

 

 

 

 

SOLICITATION PROVISIONS 

Note: 52.212-1, Instructions to Offerors --Commercial Items (AUG 2018) is incorporated in this solicitation by reference. Its full text 

may be accessed electronically at https://www.acquisition.gov/far/index.html. Text is available for viewing in Subpart 52.2 Text of 

Provisions and Clauses, through either the HTML or PDF Format links.

 

Addendum to 52.212-1: 

The following paragraphs of 52.212-1 are amended as indicated below: 

1. Paragraph (b), Submission of Offers.

a. See Standard Form 1449 (Continuation Sheet), on page 3, for any specific instructions on how to submit your offer if mailed, hand 

carried, or faxed (when authorized). 

b. Faxed offers are NOT authorized for this solicitation. 

c. SUBMISSION REQUIREMENTS: 

 

Offerors are required to submit the completed Solicitation, Product Demonstration Models (PDMs), the Pricing proposal, 

Past Performance, Integrated Pest Management Plan (IPM), Food Defense Plan, and the completed Food Defense Checklist. 

The Food Defense Plan (FDP), Food Defense Checklist, and IPM must be separate documents and separate from the 

completed solicitation and Past Performance. A cover letter may accompany the proposal to set forth any information you 

wish to bring to the attention of the solicitation SPE3S1-20-R-0005 to the Government. Offeror is required to submit one 

original proposal plus (2) complete hard copies. The Non-Price Proposal must be prepared separately and shall not be 

combined with the Price Proposal. It is a requirement that the Food Defense Plan is submitted as part of the proposal and is 

required to be acceptable prior to award in order for a proposal to be found Technically Acceptable. 

 

NOTE: If a contractor has previously submitted a Food Defense Plan and the rating was Acceptable, the contractor may 

reference their Quality System Plan and /or Food Defense Plan by the former contract number, and evaluation date. 

Contractors shall include latest plan updates/revisions/changes and submit changes at time of offer to the Contracting 

Officer. 

 

Solicitation 

Complete all pertinent company information. See the “Notice to Suppliers” of this solicitation for supplier requirements. 
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 Pricing 

Offer on each Tier is mandatory. Offering on tier 1 only is basis for rejection of offer. 

In calculating Total Unit Prices, the Portion Subject to EPA for Tier 1 will be added to the Fixed Price Portion for each Tier period to 

calculate the Total Unit Price of that Tier. See page 28 to fill out Portion subject to Economic Price Adjustment (EPA). 

 

 Unit prices shall be limited to two decimal places. For evaluation and award purposes, offers containing a unit price of more than 

two decimal places shall be rounded off to two decimal places. 

 

 Alternate pricing will NOT be accepted. 

 

Product Demonstration Models (PDMs) 

 

The Government requires Product Demonstration Models (PDMs) for each item while the solicitation is open. The PDMs must be 

received no later than the time set for closing of offers. Offers will be evaluated to determine compliance with all characteristics 

listed for evaluation in FAR 52.212-2 herein. Failure to furnish this information and PDMs by the time specified in the solicitation may 

be cause for rejection of the proposal. The offer may be rejected under the late offer clause or may be rejected because additional 

submissions will be tantamount to a submission of a new offer. A cover letter may accompany the offer to set forth any information 

you wish to bring to the attention of the Government. Product Demonstration Models (PDMs) are to be submitted at no expense to 

the Government and must be received prior to the time set for closing of offers. PDMs will become the property of the Government 

and will not be returned to the offeror. Failure to submit PDMs may result in rejection of an offer. See page 35 - 36 for submission 

of PDM.

 

See the “TECHNICAL/QUALITY DATA” section of this solicitation for full technical requirements. 

 

Past Performance 

Offerors shall submit recent and relevant past performance contract information pertaining to Experience and Quality of Items/Delivery 

Performance. If a Government contract is involved, the offeror should also identify the name and the telephone number of the procuring 

and administering contracting officers and the National Stock Number (NSN) and specification number of the end item procured. If the 

offeror indicates the end item is being produced for the first time, information should be provided which demonstrates the ability to 

successfully produce the item identified in the solicitation without significant quality or schedule problems. 

 

 (a) Experience 

 The offeror shall describe the extent of experience producing the same or similar item(s) for a commercial or Government 

entity within two years preceding the solicitation closing date. For each contract, the offeror shall provide: 

(1) The contract/order number. 

(2) Date of the contract/order. 

(3) The commercial or Government entity point of contact (name, address and telephone number). 

(4) Average dollar amount of the contract per annum. 

(5) Total contract/order quantity. 

(6) Quantity shipped per month. 

(7) Period of performance. 

(8) Brief description of the item(s), including the National Stock Number (NSN) and specification number, if applicable. 

 

 (b) Quality of Items / Delivery Performance 

 For each contract identified in response to paragraph (a) above, the offeror shall: 

 (1) describe the quality of items delivered. For substandard quality, the offeror shall specifically address any warranty actions 

taken, quality deficiency reports issued, or returned merchandise (including one-for-one exchanges). The description of the 

problem shall also include an explanation for its occurrence, a clear plan or evidence of measures taken to preclude a recurrence 

and whether or not it was the offeror's fault or subject to mitigating circumstances and 

 (2) specifically indicate whether the items were delivered on time, ahead of or behind schedule. If the items were not 

delivered on time, the offeror shall also provide the number of days delivered ahead of or behind schedule, whether revised 

delivery schedules were granted and an explanation for any delivery extensions. For delinquent delivery, the description shall also 

include an explanation for its occurrence, a clear plan or evidence of measures taken to preclude a recurrence and whether or not 
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the problem was the offeror's fault, otherwise excusable or subject to mitigating circumstances. 

 

NOTE: The Government reserves the right to limit the number of accounts reviewed for verifying past contract performance. 

Furthermore, we reserve the right to contact other contractor accounts, both commercial and Governmental, that are not 

provided in the proposal for the purpose of reviewing past performance.

n accordance with clause 52.216-19, Order Limitations, deliveries shall be required within 120 days from date of issuance of the 

delivery order. The Government reserves the right to make any part of the proposal a contractual requirement at time of award. 

2. Paragraph (c), Period for Acceptance of Offers. 

 Period of acceptance is _180_ days. 

 

 

3. Paragraph (e), Multiple Offers.

 Alternative commercial items may not be considered for an acquisition, however, may be utilized for market research on future 

requirements. 

 

 4. Paragraph (h), Multiple Awards.

 The Government intends to make one award.

 

 

5. Paragraph (i), Availability of Requirements Documents Cited in the Solicitation. 

 Contact: Ramona Hemphill or Shannon Dempsey, Food Technologists for the applicable specifications described in the solicitation at:

e-mail: Ramona.Hemphill@dla.mil or telephone: 215-737-2986 

e-mail: Shannon.Dempsey@dla.mil or telephone 215-737-7802 

 

 

 

52.212-3 -Offeror Representations and Certifications -- Commercial Items (Mar 2015) 

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification 

electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has 

not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of 

this provision. 

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

“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 

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by 
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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. 

“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 -- 
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(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 veterans or, 

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” 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. 

“Small disadvantaged business concern, consistent with 13 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 at 13 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 CFR 124.104(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. 

“Veteran-owned small business concern” means a small business concern -- 

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any 

publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and 

(2) The management and daily business operations of which are controlled by one or more veterans. 

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any 

publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily 
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business operations are controlled by one or more women. 

“Women-owned small business concern” means a small business concern -- 

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 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. 

“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. 

(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 posted on the SAMwebsite. 

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through 

https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that 

the representation 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 applicable to the NAICS code referenced for this solicitation), as of the date of 

this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to 

identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation 

only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and 

complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an 

update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to 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 veteran-owned 

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. 

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in 

paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as 

defined in 13 CFR 124.1002. 

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in 

paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern. 

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(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 
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(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. 

(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 Order 11246 -- 

(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 
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(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 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) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product 

and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, 

or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in 

the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet 

the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf 

(COTS) item,” “component,” “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.) 

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a 

domestic end product and that for other than COTS items, the offeror has considered components of unknown origin 

to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, 

Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic 

end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country 

end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy 

American--Free Trade Agreements--Israeli Trade Act.” 

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than 

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 
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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) or 

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, i.e., an end product that is not a COTS item and does not meet the component 

test in paragraph (2) of the definition of “domestic end product.” 

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.: 

___________________________________________ 

[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: 

 
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[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] 

(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 
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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; and 

(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 $3,000 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 appear rights. 

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has 

been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of 

Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the 

lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because 

the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a 

final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer 

has exercised all judicial appeal rights. 

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making 

timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because 

the taxpayer is not currently required to make full payment. 

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced 

collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). 

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in 

paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor 

Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] 

(1) Listed End Product 

Listed End Product: Listed Countries of Origin: 

 
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(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 is 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)); 

(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 
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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 database 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); 

[_] Foreign government; 
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[_] International organization per 26 CFR 1.6049-4; 

[_] 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. By submission of its offer, the offeror represents that -- 

(i) It is not an inverted domestic corporation; and 

(ii) It 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 email questions concerning sensitive technology to the Department of State at CISADA106@state.gov. 

(2) Representation and Certification. 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 $3,000 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 

(50(U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.

gov/ofac/downloads/t11sdn.pdf). 

(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if -- 

(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and 

(ii) The offeror has certified that all the offered products to be supplied are designated country end products. 

(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to 
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have a DUNS Number 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) 

(End of Provision) 

Alternate I (Oct 2014). 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.) 

[The offeror shall check the category in which its ownership falls]: 

____ 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. 

 

52.215-6 Place of Performance (Oct 1997) - FAR 

 

(a) The offeror or respondent, in the performance of any contract resulting from this solicitation, __ intends, __ does not intend 

[check applicable block] to use one or more plants or facilities located at a different address from the address of the offeror or respondent 

as indicated in this proposal or response to request for information. 

 
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(b) If the offeror or respondent checks “intends” in paragraph (a) of this provision, it shall insert in the following spaces the required 

information: 

 

Place of Performance 

(Street Address, City, State, County, ZIP Code) Name and Address of Owner and Operator of the Plant or Facility if Other than Offeror or 

Respondent 

________________________________ __________________________________________

________________________________ __________________________________________ ________________________________ 

__________________________________________ 

________________________________ __________________________________________ 

 

L06 Agency Protests (DEC 2016) 

Interested parties may file an agency level protest with the contracting officer or may request an independent review by the chief of the 

contracting office (CCO). Independent review by the CCO is an alternative to consideration by the contracting officer and is not available 

as an appellate review of a contracting officer decision on a protest previously filed with the contracting officer. Absent a clear indication 

of the intent to file an agency level protest with the CCO for independent review, protests will be presumed to be protests to the 

contracting officer. 

 

L09 Reverse Auction (OCT 2016) 

The Contracting Officer may utilize reverse auctioning to conduct price discussions. If the Contracting Officer does not conduct a reverse 

auction, award may be made on initial offers or following discussions. If the Contracting Officer decides to use line reverse auctioning to 

conduct price negotiations, the Contracting Officer will notify Offerors of this decision and the following applies: 

(1) The contracting officer may use reverse auction as the pricing technique during discussions to receive the final offered prices from 

each offeror. 

(2) During each round of reverse auction, the system displays the lowest offer price(s) unless the auction instructions are different. All 

offerors and authorized auction users see the displayed lowest price(s). This disclosure is anonymous and a generic identifier displays for 

the offeror. Generic identifiers include designators such as “offer A” or “lowest-priced offeror.” By submitting a proposal in response to 

the solicitation, offerors agree to participate in the reverse auction and that their prices may be disclosed, including to other offerors, 

during the reverse auction. 

(3) An offeror's final auction price at the close of the reverse auction is considered its final price proposal revision. No price revisions will 

be accepted after the close of the reverse auction, unless the contracting officer decides that further discussions are needed and final 

price proposal revisions are again requested in accordance with Federal Acquisition Regulation (FAR) 15.307, or the contracting officer 

determines that it would be in the best interest of the Government to re-open the auction. 

(4) The contracting officer identifies participants to the DLA commercial reverse auction service provider. To be eligible for award and 

participate, the offeror must agree with terms and conditions of the entire solicitation and the commercial reverse auction service. The 

reverse auction pricing tool system administrator sends auction information in an email. The reverse auction system designates offers as 

"lead," meaning the current low price in that auction, or "not lead," meaning not the current low price in that auction. In the event of a tie 

offer, the reverse auction provider's system designates the first offer of that price as "lead" and the second or subsequent offer of that 

price as "not lead." If a tie offer is submitted and no evaluation factors other than price were identified in the solicitation or a low-price 

technically acceptable source selection is being used, the "Not Lead” offeror that submitted the tie offer must offer a changed price; 

otherwise its offer will be ineligible for award. If evaluation factors in addition to price were listed in the solicitation and a tradeoff source 

selection is being used, tie offers that are "Not Lead" will be considered and evaluated. 

(5) Offerors unable to enter pricing through the commercial reverse auction service provider's system during a reverse auction must 

notify the contracting officer or designated representative immediately. The contracting officer may, at their sole discretion, extend or reopen the reverse auction if the reason for the offeror's inability to enter pricing is determined to be without fault on the part of the 

offeror and outside the offeror's control. 

(6) Training. The commercial reverse auction service provider or government representative conducts training for offerors. Offerors 

receive training through written material, the commercial reverse auction service provider's website, or other means. Trainers name 

employees successfully completing the training as a “Trained Offeror.” Only trained offerors may engage in a reverse auction. The 

contracting officer reserves the right to remove the “trained offeror” title from anyone who fails to obey the solicitation or commercial 

reverse auction service provider terms and conditions. 

 

 

 
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52.216-1 TYPE OF CONTRACT (APR 1984) - FAR 

 

The Government contemplates award of a Fixed price with Economic Price Adjustment Indefinite Quantity Contract (IQC)) resulting from 

this solicitation. 

 

 

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) - FAR 

 

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): http://farsite.hill.af.mil/

 

 

 

 

 

The following additional provisions are incorporated by REFERENCE:

 

 

FAR 52.209-7 Information Regarding Responsibility Matters - FEB 2012 

 

DFARS 252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country - JAN 2009 

 

FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran --Representation and 

Certification - DEC 2012 

 

FAR 52.227-1 Authorization and Consent - Dec 2007 

 

FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement - DEC 2007 

 

SECTION I - CONTRACT CLAUSES

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

 

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

INFORMATION (OCT 2016) DFARS

 

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

 

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

 

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) DFARS

 

Standard Element ZB_204_7018 has no Title

 

252.225-7048 EXPORT CONTROLLED ITEMS (JUN 2013) DFARS
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52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (DEC 2019) FAR

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 

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

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for 

entities excluded from receiving federal awards for “covered telecommunications equipment or services”. 

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part 

of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. 

(End of provision)

 

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR 

EQUIPMENT (DEC 2019) FAR

The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications 

equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other 

contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the 

provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. 

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

“Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in 

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

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of 

an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, 

system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical 

technology as part of any system. Contractors are not prohibited from providing -- 

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or 

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such 

equipment transmits or otherwise handles. 

(c) 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 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. 

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, 

the Offeror shall provide the following information as part of the offer -- 

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment 

manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable); 

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use 

would be permissible under the prohibition in paragraph (b) of this provision; 

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and 

Government Entity (CAGE) code, if known); and 

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, 

and whether the entity was the OEM or a distributor, if known). 

(End of provision)

 

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016) DFARS

L06 AGENCY PROTESTS (DEC 2016)