10. FOR

 INFORMATION 

 CALL: 

13. DISCOUNT FOR PROMPT PAYMENT 

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

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

 UNDER DPAS (15 CFR 700) DO-C1

 RATING

2. CONTRACT No.

SPE3S1-23-R-0005

3. SOLICITATION No. 4. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

2023 NOV 27

5. DATE ISSUED

1000173205

 6. REQUISITION/PURCHASE No. 

7. ISSUED BY 8. ADDRESS OFFER TO

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

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

handcarried, in the depository located in local time

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

contained in this solicitation.

 11. TABLE OF CONTENTS

DESCRIPTION

25. PAYMENT WILL BE MADE BY

CODE

 SOLICITATION

until

(Hour) (Date)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION NOT USABLE

 STANDARD FORM 33 (Rev.9-97)

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

OFFER (Must be fully completed by offeror )

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

AWARD (To be completed by Government)

 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

 (Type or print)

 14. ACKNOWLEDGMENT OF AMENDMENTS (The offeror acknowledges receipt of 

amendments to the SOLICITATION for offerors

and related documents numbered and dated):

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

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

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

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

SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD

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

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

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

 PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES

DESCRIPTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

DELIVERIES OR PERFORMANCE

K REPRESENTATIONS, CERTIFICATIONS AND OTHER 

STATEMENTS OF OFFERORS

AMENDMENT NO. DATE AMENDMENT NO. DATE

 G

 H

SEC. 

 B

 A

 C

 E

 D

 F

(X)

CODE FACILITY 

15C. CHECK IF REMITTANCE ADDRESS IS 

DIFFERENT FROM ABOVE - ENTER SUCH 

ADDRESS IN SCHEDULE

 17. SIGNATURE

19. ACCEPTED AS TO ITEMS NUMBERED

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

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

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer )

 26. NAME OF CONTRACTING OFFICER (Type or print)

calendar days (60 calendar days unless a different 

 15A. NAME AND 

 ADDRESS 

 OF OFFER- 

 OR 

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

DLA TROOP SUPPORT 

SUBSISTENCE SUPPLY CHAIN 

700 ROBBINS AVENUE 

PHILADELPHIA PA 19111-5096 

USA

See Continuation Sheet

1

BLDG. 6B, SUBSISTENCE MAIL ROOM, DESK #6B085 3:00PM 2023-Dec-28

Darren Gregory DDG0068

A. NAME

Phone: 215-737-2609 

 FAX:

B. PHONE/FAX (NO COLLECT CALLS)

Darren.Gregory@dla.mil

 C. EMAIL ADDRESS

X 1

X 4

X 8

X 15

X 18

X 31

X 32

X 32

X 33

X 55

X 60

X 68

15B. TELEPHONE NUMBER 18. OFFER DATE

28. AWARD DATE

20. AMOUNT

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

21. ACCOUNTING AND APPROPRIATION

ITEM

SPE3S1

AREA CODE NUMBER EXT.

(4 copies unless otherwise specified)

PAGE 1 OF 71
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SPE3S1-23-R-0005

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 FOLLOWON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS. 

 

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020) FAR

 

SOLICITATION AND OFFER - FORM SF33 

 

(CONTINUATION SHEET) 

 

A-1 

 

Note: Due to the closing of the Business Opportunities Office, all offerors must submit documentation via email to 

the Contract Specialist, Darren Gregory at Darren.Gregory@dla.mil and the Contracting Officer, Tiendung Nguyen 

at Tiendung.Nguyen@dla.mil. 

 

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

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

RECEIVING OFFICE LISTED IN SECTION L AND BELOW: 

 

 

ATTN: DARREN GREGORY AND TIENDUNG NGUYEN 

DEFENSE LOGISTICS AGENCY 

DLA TROOP SUPPORT-SUBSISTENCE DIRECTORATE 

BLDG. 6B, SUBSISTENCE MAIL ROOM, DESK #6B085 

PHILADELPHIA, PA 19111-509 

 

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

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

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

Gregory (Darren.Gregory@dla.mil) and the Contracting Officer, Tiendung Nguyen (Tiendung.Nguyen@dla.

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

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

Note:

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

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

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

necessary). When submitting multiple emails as a submission, label each email with a number (e.g., 1 of 8), 
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SPE3S1-23-R-0005

SECTION A - SOLICITATION/CONTRACT FORM (CONTINUED)

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

intended recipients. 

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

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

advised that DLA Troop Support's email system may rely on several different servers and/or security 

firewalls. As a result, there may be a lag time between the date/time stamp the offeror sends an offer via 

email and the date/time stamp indicates the offer is received by the authorized email address. For the 

purposes of establishing the timeliness of a proposal, only the date/time indicated by the authorized email 

address as having been received will be used. Any offer that is received by the authorized email address with 

a date/time stamp after the closing date/time of the subject solicitation will be considered late, regardless of 

the date/time when the email was sent or when initially received by Government servers. Late proposals will 

not be accepted or considered. 

 

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

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

Darren Gregory (darren.gregory@dla.mil) and the Contracting Officer, Tiendung Nguyen (tiendung.nguyen@dla.mil) 

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

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

subject to the terms of FAR 52.215-1, Instruction of Offerors for Competitive Offers. 

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

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

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

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

be necessary.

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

pricing technique under this solicitation.

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

252.204-7009, and 252.204-7012.

A-2 

CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS 

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

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

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

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

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

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

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

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

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

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

S.C. 3729-3733) 

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

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

terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and 
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SPE3S1-23-R-0005

SECTION A - SOLICITATION/CONTRACT FORM (CONTINUED)

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

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

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

3729-3733) 

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

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

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

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

FOB Origin terms are applicable to this solicitation. 

DLA Troop Support and DEVCOM Soldier Center addresses for PDM submissions can be found in Section 

L-4. 

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

Requirements must be submitted with initial offer. 

Offerors may not be required to submit PDMs as a part of their Technical Proposal or submit Additional 

Submission Requirements. Please refer to Sections L-4, L-6, M-2.A, and M-3 for submission requirements 

and evaluation criteria for referenced PDMs and Additional Submission Requirements.

 

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

B-1 Items to be Supplied 

 

A. Estimated Requirements 

Note: Surge Quantities are applicable to the MRE Halal. A table detailing the timelines and quantities required to 

support the MRE Halal is detailed in Section I of this solicitation.

 
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SPE3S1-23-R-0005

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

C. Delivery Schedule 

 

The Meal, Religious, Ready-To-Eat, Halal will have an indefinite number of delivery orders. Delivery is FOB Origin, 

Customer Direct. The Contractor is responsible for Inspection; however, the Government reserves the right to invoke 

USDA Inspection at source. 

 

Required delivery schedule is 30 days after receipt of initial order and 7 to 10 days for subsequent orders. (Please 

include the maximum quantity you are able to provide within the 7-10 day lead time.) 

 

B-2 General Information 

 

The quantity above in B-1 (A) represents the estimated quantity. The supplies in paragraph B-1 (B) above represent 

the minimum and maximum quantities to be purchased. 

A plan to address the Surge and Sustainment requirements is required for this solicitation. Offerors are required to 

provide a Surge and Sustainment Plan. 

 

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

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

contract. 

 

This solicitation is a full Small Business Set-Aside. The North American Industry Classification System (NAICS) 

code under this solicitation is as follows:

B-3 Pricing 

 

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

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

through 5. The performance period of the contract will end on the 365th day of Tier 5. 

 

Offerors are requested to submit offers in all five tiers. Offerors may submit their offered prices below, or using 

their own similar format. Failure to indicate an offer on any tier shall be deemed non-acceptance of the tier and 

could result in rejection of the offeror's entire proposal. Offerors may offer unit prices that differ per Tier. 

There are no options to exercise, you must submit pricing for all 5 tiers of each item at the time of 

your offer. Also, this same price is to be considered for shipping to location. 

 
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SPE3S1-23-R-0005

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

 1. Meal, Religious, Ready-to-Eat, Halal 

 NSN: 8970-01-424-1998 

 Tier 1 unit price $__________ 

 Tier 2 unit price $__________ 

 Tier 3 unit price $__________ 

 Tier 4 unit price $__________ 

 Tier 5 unit price $__________ 

 

Note: Halal pricing must be made on an FOB Origin basis. Halal prices will be based on the tier period an order is 

placed, not when an order is shipped or delivered. For example, if an order is placed during tier 2, but delivery is 

made during tier 3, then the prices in effect for that order will be the tier 2 prices.

 

B-3 Indefinite Quantity Contract 

 

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

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

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

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

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

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

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

 

B-5 Product Demonstration Models (PDMs) 

 

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

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

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

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

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

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

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

 

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

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

performance. 

 

Initial PDM 

 

PDMs must be submitted prior to the close of the solicitation and found to meet the standards referenced in the 

respective Meal, Religious, Ready-To-Eat, Halal specification. Item specifications can be found in section C-2. 

Refer to Sections L and M for PDM submission instructions and evaluation criteria as a part of a proposal. Offerors must warrant that product submitted under any resultant contract will conform to all packaging, labeling, 

and packing requirements as well as analytical requirements. The Government will not accept product offered under 

this solicitation or produced for performance under the resultant contract that does not conform to all requirements. 

 

New PDM (may not apply) 
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SPE3S1-23-R-0005

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

 

During contract performance, new items may be introduced for delivery during the next delivery period. PDMs are 

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

items will be incorporated into the contract. If approved product technical requirements for new items are not 

available to meet this requirement, the contractor must submit PDMs within 30 days from the date the requirements 

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

description characteristics or must adequately describe any differences the PDM may have from the requirements of 

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

product standard. 

 

 

Submission Process for New PDMs 

 

Offerors are required to submit a compiled list of all twelve menu's contents and must certify that each menu meets 

the minimum nutritional requirements listed in section C. Offerors must include a list of ingredients for each entree, 

complementary item, and accessory packet, additionally, the use of any shelf-life extension materials (ex. Oxygen 

Scavengers) and their source should be listed. Offerors are also required to submit Product Demonstration Models 

(PDMs) to demonstrate technical capability. PDMs shall be submitted for all entrees, complementary items, and 

accessory packets. PDMs submitted should reflect the compiled list of items and menu contents submitted by the 

offeror; failure to submit a PDM noted on the list or submitting a PDM not listed will be considered a deficiency in 

the offer. Offerror shall state how the final assembly case will be packed in accordance to current packaging 

requirements. One finished case of meals shall include 12 different Halal entrees and their complementary items and 

accessory packets. Offerors are required to submit six (6) PDMs for each offered component item. 

 

6 PDMs of Halal, MRE must be submitted as follows: 

 

3 PDMs of Halal, MRE must be sent to: 

 

DLA TROOP SUPPORT 

700 ROBBINS AVENUE 

ATTN: DARREN GREGORY AND TIENDUNG NGUYEN 

BLDG. 6B085 

PHILADELPHIA, PA 19111 

 

If the Government requests PDMs to be sent to DEVCOM, they must be sent to: 

 

 DEPARTMENT OF THE ARMY 

 FCDD-SCC-EMR ATTN: Jill Bates 

 DEVCOM - SOLDIER CENTER 
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SPE3S1-23-R-0005

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

 10 GENERAL GREENE AVENUE 

 NATICK, MA 01760 

 

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

information: 

 

Product Demonstration Model Contract Number 

Product Identity 

Lot# 

Company Name and Address 

Point of Contact Name and Phone Number 

 

The other 3 PDMs must be maintained by the offeror/contractor. In this instance, the offeror must self-certify, 

confirm possession of the samples, and identify the samples as from the same production lot as those submitted to 

DLA Troop Support. The offeror must submit this statement(s) with the balance of PDM samples submitted to DLA 

Troop Support. Should an offeror be awarded a contract, the offeror must provide the 3 PDMs that were self-certified 

and maintained by the offeror to a Government Quality Assurance Representative (GQAR), if applicable and/or 

required by the Contracting Officer, during the first production cycle. Offerors that have been awarded a contract and 

do not have an in-house GQAR will be directed on where to submit these PDMs.

 

SECTION C - SPECIFICATIONS/SOW/SOO/ORD

 Technical Data Package for Meal, Religious, Ready-to-Eat, Individual, Halal 

The purpose of this ration is to feed those individuals in the Military Services who maintain a strict religious 

diet. Each meal consists of one halal certified entrée and corresponding religiously-certified or religiouslyacceptable complementary items. 

 

Like the MRE, each meal is self-contained; however, it may or may not be combined into a flexible meal bag. Each 

case of religious rations contains twelve substantially different meals, at least eight meat entrées and at most four 

vegetarian entrées, and complimentary components/accessory items to fulfill the salient characteristics listed below. 

 

SECTION C DESCRIPTION/SPECIFICATION 

FOR MEAL, RELIGIOUS, READY-TO-EAT, INDIVIDUAL, HALAL 

C-1 Description 

8970-01-424-1998 MEAL, RELIGIOUS, READY-TO-EAT, INDIVIDUAL, HALAL.

Unit of Issue: Case 

 
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SPE3S1-23-R-0005

SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

C-2 Salient Characteristics 

 

A. All food components shall be ready-to-eat (no preparation necessary), unless specifically permitted by this 

document. The entire contents of each meal shall be certified as halal. Entrées and complementary items which 

require halal certification in order to be labeled as such shall be certified in accordance with the requirements as 

stated in section C-3 of this document and with such other requirements as may be deemed necessary by the 

religious certification authorities.

 

B. Each meal shall consist of one halal religiously-certified entrée; religiously-certified or religiouslyacceptable complementary items; and an accessory packet.

 

1. The Entrée and complementary items together shall be sufficient to provide the nutritional 

requirements set forth in paragraphs C-2, D and E. A variety of dry beverage base powders shall be included.

 

2. Entrée net weight shall be not less than 8.0 oz per package. The percentage of total calories from protein 

shall be not less than 20% for non-vegetarian entrees and shall be not less than 17% for vegetarian entrees. The 

Contracting Officer reserves the right to allow entrées that fall below these requirements if the entrée forms part of 

a cohesive meal and the meal meets all other requirements of this solicitation.

 

3. The complimentary items in each case shall constitute a sufficient variety, such that no individual item 

shall be used more than three times in an individual case. Any deviation of this requirement shall be submitted to 

the Contracting Officer with a detailed explanation for the requested exception.

4. The accessory packet shall include condiments/seasoning, dining kit (salt, pepper and sugar), spoon 

(7340-01-508-2742), matches, toilet tissue, moist towelette, napkin, and a Flameless Ration Heater (FRH) 

(8970-01-321-9153) for each meal. Each accessory pack shall either contain an insert card certifying that all 

components are halal, or the pack itself may be marked to attest to religious certification.

 

5. Single-serve packets (e.g., sugar, salt) that are not labeled halal, but that are certified as halal by the 

certifying authority may be combined into one overwrap pouch. The pouch may then be labeled as halal, in 

accordance with the certifying authority. The labeled overwrap pouch may then be inserted into the 

complementary item pack or meal bag, as applicable.

 

6. End-item primary packaging materials in contact with and any substances packaged within and in contact with 

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

 

C. Each meal shall provide a minimum of 1200 Calories. Calories from fat, protein, and carbohydrate shall 

be present in the range of percentage values of the total calories as follows:

 

NUTRIENT PERCENT OF TOTAL CALORIES 

Fat Not more than 35 

Protein 11-13 

Carbohydrate Not less than 48 

D. The minimum average nutrient levels of each meal are listed below:
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SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

E. Entrée Characteristics: Entrées and complementary items shall be highly palatable and create cohesive 

meals.

a. Finished Product shall be a uniform mixture characteristic of the federal standard of identity for food 

products, when applicable. The product shall be free from foreign materials and show no evidence of excessive 

heating (materially darkened or scorched.)

 

b. Appearance shall be characteristic of the type of entrée with no foreign color. Entrées may contain 

visible flecks of herbs and spices and should contain recognizable portions of meats, vegetables, grains, or 

noodles, when applicable.

 

c. Odor and Flavor shall be characteristic of the type of entrée with no evidence of rancidity. There 

shall be no foreign odors or flavors such as, but not limited to burnt, scorched, moldy, rancid, sour, or stale.

 

d. Texture shall be characteristic of the type of entrée. Meat pieces shall be moist and tender, not dry, 

rubbery, or mushy. Sauce shall not be excessively thin, thick, or pasty. Vegetables shall be firm, not hard, 

fibrous, mushy or tough. Grains or noodles shall be moist and slightly firm and tender.

 

F. The minimum shelf-life of the meal, including the shelf-life of all components of the meal, shall be 

twenty-four months at 80°F from the date of pack. The contractor shall not ship any meal with less than eighteen 

months remaining shelf-life.

 

C-3 CONTRACTOR'S RESPONSIBILITY FOR RELIGIOUS CERTIFICATION: 

 

A. The contractor and/or subcontractor shall be responsible for obtaining the services of a recognized halal 

supervision agency that is prepared to meet the requirements for halal certification. The contractor shall be 

responsible for ensuring that appropriate halal guidelines are followed for all meal components.

 
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SPE3S1-23-R-0005

SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

B. The contractor shall ensure that the halal inspectors are fully familiar with all relevant aspects of the 

production. Certificates of compliance testifying that all ingredients meet halal requirements must be provided. 

The halal inspectors may provide a list of ingredients not requiring certification. Items requiring halal 

inspection shall not be used prior to approval.

 

C. Materials and packaging may, at the discretion of the halal inspectors, require controlled storage and may 

need to be released for each day's production by the halal inspectors. Only equipment that has been approved by 

halal inspectors may be used. These procedures shall be documented by the contractor in conjunction with the 

halal inspectors.

 

D. All packaging/transportation of foods shall be in packages, containers, vessels, or vehicles that have 

been properly prepared religiously (halal).

 

E. Packaging and labeling materials shall be controlled and segregated in such a way that only the halal 

inspectors can release that material for the day's production.

 

F. Halal inspectors shall have access to all parts of production and storage facilities at all times.

 

G. Records of attendance (dates and times) of the halal inspectors at the production facility, or at any supplier's 

facility, shall be maintained and available upon request.

 

C-4 MISCELLANEOUS REQUIREMENTS: 

 

A. Compliance With Applicable Regulations 

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

Packaging, or Holding Human Food” and/or 21 CFR §117 “Current Good Manufacturing Practice, Hazard Analysis, and 

Risk-Based Preventive Controls for Human Food”, and other applicable regulations. The Contractor shall ensure all subcontractors comply with all applicable regulations. In addition, the contractor is required to comply with all applicable parts of 

the Code of Federal Regulations. 

 

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

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

storage, and distribution of those products.

 

3. A representative Nutrition Facts label for each component shall be submitted by the Offeror with the 

offer. Such submission shall not relieve successful Offerors from complying with any of the provisions of these 

requirements.

 

B. Product Sanitarily Approved Source Requirements

 

1. As required by 48 CFR §246. 408-70, Subsistence; AR 40-657 / NAVSUP 4355.4H / MCO P10110.31H, 

Veterinary/Medical Food Safety, Quality Assurance, and Laboratory Service; DLAR 4155.3, Inspection of 

Subsistence Supplies and Services; Provision 52.246-9044, Sanitary Conditions; and as clarified by the Armed 

Forces Food Risk Evaluation Committee, all Operational Ration Food Components shall originate from 

establishments sanitarily approved for supplying the specific food item. 

 

2. Sanitary approval is established by:
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a. Listing in the Worldwide Directory of Sanitarily Approved Food Establishments for Armed Forces 

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

 

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

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

 

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

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

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

coordination with the Chief, Approved Sources Division, USAPHC.

 

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

and CFM Operational Ration food components.

 

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

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

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

coordination with the Chief, Approved Sources Division, USAPHC.

 

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

Directory, as determined by USAPHC.

C. Food Defense

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

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

those areas of concern listed in the DLA Troop Support Food Defense Checklist applicable to the contractor's 

facility/operation. To download a copy of the DLA Troop Support Food Defense Checklist, http://www.dla.mil/

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

Contracting Officer or the Quality Audits & Food Defense Branch (DLA Troop Support-FTSB). Submit Food 

Defense Plans to the applicable DLA Troop Support Contracting Officer. The Quality Audits & Food Defense 

Branch (DLA Troop Support-FTSB) is the only DLA Troop Support office authorized to review and approve 

Food Defense Plans. All Food Defense Plans are maintained and secured by FTSB 

 

D. Integrated Pest Management (IPM) Program Requirements

 

1. The “Integrated Pest Management (IPM) Program Requirements for Operational Rations” of April 2011 

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

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

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

DLA Troop Support, unless specifically requested by the Contracting Officer. The contractor shall have these 

documents available for on-site review during a Pest Management Audit, Quality Systems Management Visit 

(QSMV), or Quality Systems Compliance Audit. Evidence of any insect, rodent or pest infestation discovered in 

contact with materials or equipment used in the production of or found in an end-item component or assembly lot 

shall be cause for rejection of the involved lot. DLA Troop Support shall be notified within 24 hours when such 

pest activity has been found and informed of the corrective actions taken. IPM program requirements are found on 

the DLA Troop Support website at: http://www.dla.mil/TroopSupport/Subsistence/FoodSafety/FoodQuality.aspx
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E. Contractor Sanitation Program

 

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

DLA Troop Support Subsistence contract, except as specifically exempted in

Section E of this solicitation/contract. The Contractor Sanitation Program shall be in existence prior to contract 

award. The program is not to be submitted to DLA Troop Support unless specifically requested by the applicable 

DLA Troop Support Contracting Officer. The contractor shall have the program available for on-site review during a 

QSMV or Quality Systems Compliance Audit. Evidence of any insect, rodent or pest infestation; foreign material; or 

contamination discovered in contact with an end-item component or assembly lot shall be cause for rejection of the 

involved lot. Contractor Sanitation Program requirements are found on the DLA Troop Support website at: http://

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

 

 

F. Additional Requirements.

 

1. Approval or acceptance of a Product Demonstration Model (PDM) shall not constitute a waiver of any 

specification requirement unless specifically stated by the Contracting Officer.

 

2. Components shall be utilized in assembly operation on oldest-date-of-pack basis. Contractor shall 

be solely responsible for the proper care and storage of all components.

 

3. All entrées shall be commercially sterile, as defined in 21 CFR §113.3.

 

4. All items thermostabilized by retorting shall be sealed and in the retort process within two hours of 

filling.

 

 5. Maximum stacking height of assembled ration unit loads shall not be greater than four high.

 

 6. AGE OF INGREDIENTS: Contractors formulating and producing end-item

operational rations food items, and for each item that is manufactured, shall maintain a list of ingredients (generic 

name, brand name, producer name, or supplier name in case of bulk packed plant or animal ingredients, country of 

origin) and the time and temperature serviceability limitations the contractor will impose on each ingredient. Each 

ingredient's time limitation is to be calculable using its date of pack as the starting point. A copy of this list will be 

made available to the DLA Troop Support Contracting Officer upon request. This paragraph does not modify time 

and/or temperature limitations specified for ingredients elsewhere in this solicitation/contract, including its 

technical data package and product specifications. 

 

7. INGREDIENTS FROM FOREIGN SOURCES: When ingredients are from a foreign country, the 

contractor shall have that ingredient listed on their “Master List of Ingredients from Foreign Sources”. For each 

ingredient, the Master List shall list the ingredient, the country of origin, and the product(s) in which the 

ingredient is used. The Master List shall be updated as necessary. The Master List shall be provided to the DLA 

Troop Support Contracting Officer upon request.

 

G. Traceability Requirement.

 

1. The ration assembler shall maintain records identifying the menu components used in packing and 

assembling each end item lot. These records shall maintain traceability of components to the extent that a 
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component manufacturer's production lot identity can be traced to an assembled end item lot.

 

2. The system should also enable the assembler to list component manufacturer's production lot 

identities within a particular end item lot.

 

3. The assembled end item lot, usually one day's production, shall be clearly identified on the exterior of 

each case.

 

4. In addition, the ration assembler shall maintain records of when and where assembled end item lots for a 

particularly contract have been shipped.

 

5. The following non-food items are exempt from traceability requirements: hand cleaner, matches, 

spoon, toilet tissue.

 

 

H. Surge and Sustainment

 

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

 

1. Definitions.

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

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

delivery rate are above and beyond the normal peacetime requirements

 

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

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

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

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

value solutions.

 

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

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

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

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

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

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

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

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

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

attained.

 

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

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

contractor must demonstrate its S&S capability.

 

4. If requested by the Government, the contractor must be prepared to provide a plan to participate in S&S 

validation and testing to verify the S&S capability described in the CAP. Participation in S&S validation and 

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

contract price. The plan must include methodology, rating criteria, labor, materials, and time required to 
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conduct validation and testing. S&S validation generally entails verifying if the contractor and subcontractors 

have;

 

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

capabilities, and base resources; 

 

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

 

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

 

d. examination of any in-house work;

 

e. review of the stock rotation plan; and

 

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

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

 

 

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

 

SECTION D - PACKAGING AND MARKING

SECTION D 

PACKAGING/LABELING/PACKING/MARKING/UNITIZATION 

 

D-1 PACKAGING:

 

A. Commercial packaging is acceptable, provided that such packaging will provide the required twentyfour month shelf-life.

 

B. Entrées shall be in thermostabilized pouches. Glass, plastic, or metal cans are not acceptable.

 

C. Meals shall be packed either:

 

1. As twelve self-contained meal packages, similar to the MRE, or

 

2. The twelve entrées in one carton, plus twelve packs containing complementary items and Accessory 

Packs in another carton, with both cartons packed together into one master shipper.

 

D. Accessory packs and complimentary components shall be overwrapped in a manner that a shelf life of 

twenty-four months is achieved. Alternative methods to achieve the twenty-four month shelf-life shall be approved 

by the Contracting Officer. The bag shall be either marked to certify that all the components are halal, in 

accordance with the certifying agency, or the bag shall contain an insert card certifying that all components are 

halal, in accordance with the certifying agency.

 

E. The meal bag shall be made of food-grade, low density polyethylene (LDPE) with a minimum 
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thickness of 4 mil. The seal shall be a minimum of 1/8 inch wide, continuous and peelable, forming a 

hermetic closure.

 

F. A tear nick, notch, or serrations shall be provided to facilitate opening of filled and sealed pouches that are 

not peelable.

 

G. The sealed entrées, overwrapped complimentary components/accessory packs shall not show any 

evidence of foreign odor.

 

H. The master shipper shall have the halal symbol/names displayed with the appropriate certification 

checked off.

 

I. Alternative meal packaging may be used provided that the alternative method can be demonstrated to meet 

or exceed the requirements of this document, military abuse testing, and controlled pest testing. Samples may be 

submitted to the Contracting Officer to be qualified on a case-by-case basis.

 

J. End-item primary packaging materials in contact with and any substances packaged within and in contact 

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

 

D-2 LABELING:

 

A. All labeling shall be in accordance with all applicable regulations including nutritional facts labeling in 

accordance with the Nutritional Labeling and Education Act (NLEA). If thermally processed pouches are placed 

into cartons with NLEA-compliant markings, the pouch shall have the product name, lot number, filling 

equipment number, and retort batch number printed with permanent, contrasting ink.

 

B. The date of pack may be a four-digit Julian date or in the clear. The date of pack shall be the date the 

product was placed in the primary meal or accessory package.

 

C. Individual packages and shipping containers for all products produced for this procurement shall have 

the appropriate halal certification symbol(s) (a “trademark” symbol or the name of the halal organization shall 

be used).

 

D-3 PACKING:

 

A. Shipping containers shall comply with the requirements of the National Motor Freight Classification or 

Uniform Freight Classification, as applicable.

 

D-4 UNITIZATION: 

 

A. Shipments destined for government inventory control points shall not have kosher and halal shipping 

containers intermingled on the pallets. When shipments are destined for direct vendor delivery to consuming 

organizations and the shipment includes less than a full unit load, the shipping containers may be intermingled, 

provided that the unit load is clearly marked to indicate the quantities of each type of meal.

 

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

Loads, Palletized, of DLA Troop Support Form 3507, Loads, Unit: Preparation of Semiperishable Subsistence 

Items 1/. 

 

C. The unit load height shall be not greater than 44 inches.
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D-5 MARKING:

 

A. Shipping Containers.

 

1. Shipping containers shall be marked in accordance with DLA Troop Support Form 3556, Marking 

Instructions for Boxes, Sacks, and Unit Loads of Perishable and Semiperishable Subsistence and as specified in 

the contract with the following exceptions:

 

 

 

 

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

 

a. The following identification markings shall be applied to the shipping case end panel: 

2. To be in compliance with OSHA requirements, when the shipping container contains Flameless Ration 

Heater (FRHs), the following information must appear on a major flap of the shipping case closure immediately 

to the right of the marked end panel. The upper case letters shall not be more than 1⁄4 inch high. The lower case 

letters shall not be less than 3/16 inch high.

3. Additional commercial markings of the shipping container is authorized.

 

B. Unit Loads2/.

1. Unit loads shall be marked in accordance with DLA Troop Support Form 3556 except that the “marking 

and special markings” information required for the marking for palletized/containerized shipments (DLA Troop 

Support Form 3556, F.1) shall be as follows:
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2. Marking may be accomplished by stenciling, printing or by pressure-sensitive labels and shall be 

positioned on two adjacent sides of the load. Size of lettering shall not be less 1⁄2 inch and shall be black. 

Markings shall be legible, non-fading and durable.

 

 

2/ Gross weight and cube shall include the weight and dimensions of the pallet base. The gross weight and cube may be determined by 

weighting and measuring five or more fully-unitized loads (or weighing components separately) for determining the average weight and 

cube of the unit load. 

 

SECTION E - INSPECTION AND ACCEPTANCE

SECTION E 

INSPECTION AND ACCEPTANCE 

NOTE: Government source inspection is not required, however, the Government does reserve the right to conduct 

inspections at source and at destination. The Contractor is responsible for the following requirements and the 

Government reserves the right to request inspection and production records at any time from the Contractor. 

 

E-1 HALAL ASSEMBLED RATION AND COMPONENT QUALITY ASSURANCE REQUIREMENTS: 

The Contractor is responsible for performing or having performed all examinations and tests necessary to substantiate 

that the supplies or services furnished under this contract conform to contract requirements, including all 

examinations and tests contained in the Contractor's inspection system. The contractor will have a higher level 

contract quality assurance program (QAP) that supports continuous improvement in the particular requirements 

applicable to the Halal meal. The Contractor will submit a copy of the higher level contract quality assurance program 

to the Contracting Officer at time of award of a contract. 

 

I. THERMALLY PROCESSED COMPONENT INSPECTION 

The following quality assurance criteria, utilizing ANSI/ASQ Z1.4, Sampling Procedures and Tables for Inspection 

by Attributes, are required for the inspection of thermally processed components of the Halal ration. Unless otherwise 

specified, single sampling plans indicated in ANSI/ASQ Z1.4 will be utilized. When required, the manufacturer shall 

provide the Certificate(s) of Conformance to the appropriate inspection activity. Certificate(s) of Conformance not 

provided shall be cause for rejection of the lot. 

A. Definitions. 

(1) Critical defect. A critical defect is a defect that judgment and experience indicate would result in hazardous or 

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

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

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

the usability of the unit of product for its intended purpose. 
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(3) Minor defect. A minor defect is a defect that is not likely to reduce materially the usability of the unit of product 

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

operation of the unit. 

B. Classification of inspections. The inspection requirements specified herein are classified as follows: Conformance 

inspection shall include the examinations cited in the following QUALITY ASSURANCE PROVISIONS 

(PRODUCT) and QUALITY ASSURANCE PROVISIONS (PACKAGING). 

II. QUALITY ASSURANCE PROVISIONS (PRODUCT) 

A. Commercial sterility. Commercial sterility shall be verified in accordance with USDA/FSIS regulations. 

B. Product examination. The finished product of each manufacturer's production lot that is used in the assembly of the 

Halal ration shall be examined for compliance with Table I utilizing the double sampling plans indicated in ANSI/

ASQ Z1.4. The lot size shall be expressed in pouches. The sample unit shall be one filled and sealed pouch. The 

inspection level shall be S-3 and the acceptable quality level (AQL), expressed in terms of defects per hundred units, 

shall be 4.0 for minor defects. Defects and defect classifications are listed in table I. 

 

TABLE I. Product defects 1/ 2/ 

Category 

Minor Defects 

201 Net weight of an individual pouch less than declared net weight. 3/ 

1/ Presence of any foreign materials such as, but not limited to dirt, insect parts, hair, glass, wood, or metal, or any 

foreign odor s or flavors such as, but not limited to burnt, scorched, rancid, sour, stale, oxidized milk powder, musty 

or moldy shall be cause for rejection of the lot. Foreign flavors not applicable to powdered product. Open package 

inspection, or an alternative method of inspection approved by the Contracting Officer, is required to determine 

conformance with product quality assurance provisions. 

2/ The net weight of the filled and sealed pouches shall be determined by weighing each sample on a suitable scale 

tared with a representative empty pouch. Results shall be reported to the nearest 0.1 ounce or to the nearest 1 gram. 

 

II. QUALITY ASSURANCE PROVISIONS (PACKAGING) 

A. Examination of pouch. After thermal processing, the pouches of each manufacturer's production lot that is used in 

the assembly of the Halal ration shall be visually examined for conformance. Defects and defect classifications are 

listed in table II. The lot size shall be expressed in pouches. The sample unit shall be one thermal processed pouch. 

The inspection level shall be I and the AQL, expressed in terms of defects per hundred units, shall be 0.65 for Major 

A defects, 2.5 for major B defects, and 4.0 for minor defects. Two hundred sample units shall be examined for critical 

defects. The finding of any critical defect shall be cause for rejection of the lot. 

 

TABLE II. Filled, sealed and thermally processed pouch defects. 

Defect Categories - Critical, Major A, Major B, Minor 

Critical 

1 Swollen pouch. 

2 Tear, cut, hole, or if a multi-layered laminate is used, abrasion through one or more layers in the pouch material 

or leakage through any seal. 

3 Foldover wrinkle extending into the seal such that the closure seal is reduced to less than 1/16 inch for heat seals 

or less than 1.0 mm for ultrasonic seals. 4/ 

4 Presence of entrapped matter (for example, product, moisture, grease, etc.) that reduces the closure seal to less 

than1/16 inch for heat seals or less than 1.0 mm for ultrasonic seals. 4/ 

5 Presence of delamination when a multi-layered laminate is used. 1/ 

6 Closure seal less than 1/16 inch for heat seals or less than 1.0 mm for ultrasonic seals at any location along its 

continuous path. 4/ 

Major A 
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101 Unclean pouch. 2/ 

102 Any impression or design on the seal surfaces which conceals or impairs visual detection of seal defects. 3/ 

103 Labeling missing or incorrect or illegible. 

Major B 

151 Presence of delamination when a multi-layered laminate is used. 1/ 

152 For heat seals, closure seal width lessthan 1/8 inch but greater than or equal to1/16 inch. 

Minor

201 Presence of delamination when a multi-layered laminate is used. 1/ 

202 Tear notches missing. 

203 Foreign odor. 

1/ Delamination defect classification: 

Critical - Evidence of outer ply delamination such that the adjacent ply in the pouch body is exposed or evidence of 

two ply delamination such that the food contact layer is exposed. 

Major B - Delamination of the outer ply in the pouch seal area that can be propagated to expose the adjacent ply at the 

food product edge of the pouch after manual flexing of the delaminated area. To flex, the delaminated area shall be 

held between the thumb and forefinger of each hand with both thumbs and forefingers touching each other. The 

delaminated area shall then be rapidly flexed 10 times by rotating both hands in alternating clockwise-counter 

clockwise directions. Care shall be exercised when flexing delaminated areas near the tear notches to avoid tearing the 

pouch material. After flexing, the separated outer ply shall be grasped between thumb and forefinger and gently lifted 

toward the food product edge of the seal or if the separated area is too small to be held between thumb and forefinger, 

a number two stylus shall be inserted into the delaminated area and a gentle lifting force applied against the outer ply. 

If separation of the outer ply can be made to extend to the product edge of the seal with no discernible resistance to 

the gentle lifting, the delamination shall be scored as a Major B defect. Additionally, spot delamination of the outer 

ply in the body of the pouch that is able to be propagated beyond its initial borders is also a Major B defect. To 

determine if the delaminated area is a defect, use the following procedure: Mark the outside edges of the delaminated 

area using a bold permanent marking open. Open the pouch and remove the contents. Cut the pouch transversely not 

closer than 1/4 inch (plus or minus 1/16 inch) from the delaminated area. The pouch shall be flexed in the area in 

question using the procedure described above. Any propagation of the delaminated area, as evidenced by the 

delaminated area exceeding the limits of the outlined borders, shall be scored as a Major B defect. 

Minor - Minor delamination of the outer ply in the pouch seal area is acceptable and shall not be classified as a minor 

defect unless it extends to within 1/16 inch of the food product edge of the seal. All other minor outer ply 

delamination in the pouch seal area or isolated spots of delamination in the body of the pouch that do not propagate 

when flexed as described above shall be classified as minor. 

2/ Scale or dust on the outside of pouches caused by retort water may be removed by washing. The following 

examples shall not be scored as defects for unclean: 

a. Water spots. 

b. On Single Serving Pouch (SSP), two or less specks of dried product each of which measure 1/8 inch by 1/8 inch or 

equivalent area, or less. On ISP, ten or less specks of dried product each of which measure 1/8 inch by 1/8 inch or 

equivalent area, or less. 

c. Any foreign matter which presents no health hazard or no potential pouch damage and which readily falls off 

when pouch is lifted and shaken lightly. 

d. Very thin film of grease, oil, or product residue which is discernible to touch, but not readily discernible by 

visual examinations. 

e. Thin strips or drops of adhesive. 

3/ If doubt exists as to whether or not the sealing equipment leaves an impression or design on the seal surfaces that 

could conceal or impair visual detection of seal defects, samples shall be furnished to the contracting officer for a 

determination as to acceptability. 

4/ An internal pressure test may be used to verify pouch integrity for ultrasonically sealed pouches that are difficult to 
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measure or quantify during visual inspection. Internal pressure test: Internal pressure resistance shall be determined 

by pressurizing the pouches while they are restrained between two rigid plates. The plates shall be 1/2 inch ± 1/16 

inch apart or 1 inch ± 1/16 inch apart for SSP, or 2 inches ±1/16 inch apart for ISP. If a three-seal tester (one that 

pressurizes the pouch through an open end) is used, the closure seal shall be cut off for testing the side and bottom 

seals of the pouch; for testing of the closure seal, the bottom seal shall be cut off. The pouches shall be emptied prior 

to testing. If a four-seal tester (designed to pressurize filled pouches by use of a hypodermic needle through the pouch 

wall) is used, all four seals can be tested simultaneously. For SSP, the pressure shall be 20 psig for the 1/2 inch plate 

distance and 12 psig for the 1 inch plate distance. For ISP, the pressure shall be 10 psig for the 2 inch plate distance. 

Pressure shall be applied gradually until pressure set point is reached. The pressure set point shall be held constant for 

30 seconds and then released. The pouches shall then be examined for separation or yield of the seals. Any rupture of 

the pouch or evidence of seal separation greater than 1/16 inch in the pouch manufacturer's seal shall be considered a 

test failure. Any seal separation that reduces the effective closure seal width to less than 1/16 inch for heat seals or 

less than 1.0 mm for ultrasonic seals (see table II) shall be considered a test failure and shall be cause for rejection of 

the lot. 

 

III. REWORK OF NONCONFORMING PRODUCT, PRE OR POST ACCEPTANCE 

 

Rework of Nonconforming Product: The Government QAR must be informed and provided documentation of all rework 

results when product is presented for Government verification inspection or prior to Government inspection as indicated 

below. 

 A. Corrective Action (Rework/Screen Inspections) Taken Prior to Government End-item Inspection (i.e., 

Contractor's Receipt Inspections (of both food and non-food supplies), In- Process Inspections, and End-Item 

Inspections): Unless otherwise specified in Part B, below, all corrective actions, reworks and screening inspections 

conducted prior to the initial Government end-item inspection of the lot do not require approval from the Government. 

Although the GQAR must be informed of all reworks, the contractor is not required to obtain approval to take corrective 

and preventive action as deemed necessary to ensure compliance with contractual requirements. Government End-item 

Inspection, as used here, includes Government End-item Inspection at CFM and RNC component origin. 

NOTE TO PART A: When a contractor determines as a result of his end-item inspection(s) or QSP that supplies do not 

conform to contractual requirements and the supplies cannot be reworked (such as drained weight, viscosity, piece size, 

residual air, etc.), he has the alternative to request the permission of the Contracting Officer to offer a lot, acknowledged by 

the petitioner to be nonconforming for a specific requirement, for Government end-item verification inspection with the 

understanding that should all required Government inspections, save that inspection acknowledged by the petitioner as 

representing a specific nonconformance to requirements, result in conforming inspection results, the lot shall be recorded 

by the GQAR as a lot rejected upon Government verification inspection but authorized by the Contracting Officer to be 

accepted “as is” on waiver of the specific nonconforming requirement revealed by contractor inspection or QSP. If the 

Contracting Officer authorizes the offer of a nonconforming lot for Government end-item verification, the written approval 

shall be provided to the GQAR when the supplies are presented for Government verification inspection as previously 

stated. The GQAR shall inspect the supplies for compliance with all requirements of the contract, except the specific 

nonconforming requirement (skip-lot inspection and reduced inspection do not apply in this case). The Contracting Officer, 

may request that the GQAR inspect for the specific nonconforming requirement to determine severity of nonconformance 

only. Due to the type of statistical sampling cited in the contract, under no circumstances shall a lot found nonconforming 

by the contractor be inspected by the GQAR to determine conformance to a requirement that has previously been 

established as nonconforming by the contractor's inspection. 

 B. The Following Reworks Must Be Coordinated with the Supervisory GQAR and, As Required, Approved by the 

Applicable DLA Troop Support-FTR Office. 

 1. Insect or Rodent Infestation/Contamination: Reworks must be approved by FTRC/FTSC Contracting Officer.

 2. Food Safety and Foreign Material: 

 (a) All corrective actions performed on product due to foreign material and/or processed/ unprocessed container mixups must be approved by FTRC. FTRC approval may be accomplished by means of one the two following methods, the 

methods being subject to change as determined by the Contracting Officer to be necessary for determining FTRC approval: 
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 METHOD 1: 

 All corrective actions performed on product due to foreign material and/or processed/ unprocessed container mix-ups 

shall be submitted by the contractor to the GQAR for review and acceptability determination. This requirement only 

applies to contractor facilities that are producing product and/or placing food product into finished component packaging. 

 If the GQAR determines that the corrective action plan is acceptable, the contractor shall submit a “foreign material 

notification” or “unprocessed container notification” to FTRC, prior to offering the lot for Government inspection. The 

notification shall include the corrective action plan, the GQAR's 

recommendation pertaining to the plan, and supporting documentation. FTRC shall issue written authorization for offer of 

the lot for Government inspection. 

 If the GQAR determines that the correction actions are not acceptable and GQAR and the contractor cannot agree to 

an alternate plan for remediation, the contractor shall submit a corrective action/remediation plan and supporting 

documentation to FTRC for resolution. 

 Standard rework procedures (SRP) for specific foreign material situations may be addressed under the contractor's 

documented QSP, Section XII - Corrective and Preventive Action Program. (see E-4-G.B.6.). SRP's shall only be 

submitted to DLA for foreign material inherent to a specific food product or ingredient. Screws, plastic pieces, bandages, 

metal fragments, glass, etc., are not inherent to ingredients used in food products and a SRP for these types of foreign 

material shall not be submitted to DLA for consideration and approval. SRPs submitted to DLA for review and approval 

shall have a title beginning with “Standard Rework Procedure for...”. SRPs may be referenced, as applicable, in the 

corrective action plan that the contractor provides for a specific instance (along with any relevant specific details). 

 All preventive and corrective actions documented by, proposed by, and conducted by the contractor shall conform to 

the regulations promulgated by the applicable regulatory agency (FDA, USDA-FSIS, USDC). When a contractor is 

required by regulation to notify a regulatory agency regarding foreign material and/or processed/unprocessed container mix 

ups, it shall be the responsibility of the contractor to present to the GQAR and DLA verification of conformance to the 

applicable agency's regulations. 

 In all cases, it is recommended that the GQAR be notified as soon as possible if and when incidents involving the 

finding by the contractor of foreign material in product and/or product ingredients. 

 METHOD 2: 

 The contractor shall submit a corrective action plan and supporting documentation to FTRC for resolution. 

 Standard rework procedures (SRP) for specific foreign material situations may be addressed under the contractor's 

documented QSP's Corrective and Preventive Action Program. (see 6. Standard Rework Procedure (SRP) below). SRPs 

may be referenced, as applicable, in the corrective action plan that the contractor provides for a specific instance (along 

with any relevant specific details). 

 All preventive and corrective actions documented by, proposed by, and conducted by the contractor shall conform to 

the regulations promulgated by the applicable regulatory agency (FDA, USDA-FSIS, USDC). When a contractor is 

required by regulation to notify a regulatory agency regarding foreign material and/or processed/ unprocessed container 

mix ups, it shall be the responsibility of the contractor to present to the GQAR and to DLA verification of conformance to 

the applicable agency's regulations. 

 In all cases, it is recommended that the GQAR be notified as soon as possible if and when incidents involving the 

finding by the contractor of foreign material in product and/or product ingredients. 

 (b) The GQAR shall be notified, and documentation provided, when any finished product intended (or initially 

intended) to be offered to the Government has been produced using a bulk product or ingredient product lot(s) (or portion 

thereof) that has, at any time, been identified as containing or having contained foreign material. This requirement only 

applies to contractor facilities that are producing product and/or placing food product into finished component packaging. 

The documentation shall identify the foreign material and all corrective actions taken to render the bulk/ingredient product 

serviceable, including, but not limited to segregation and removal of portions of the bulk/ingredient product. The GQAR 

shall determine if the corrective actions taken render the bulk/ingredient product serviceable. If the GQAR agrees that the 

corrective actions taken render the bulk/ingredient product serviceable, the contractor shall submit a notification, to include 

the corrective action plan and supporting documentation, to FTR prior to offering any related finished product lots for 

Government inspection. 

 When the GQAR determines that the actions taken do not render the bulk/ingredient product to be serviceable and an 
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alternate plan for remediation cannot be agreed upon by the GQAR and the contractor, the contractor shall submit a 

corrective action plan and supporting documentation to FTRC for resolution. 

 Standard rework procedures (SRP) for specific foreign material situations may be addressed under the contractor's 

documented QSP's Corrective and Preventive Action Program (see 6. Standard Rework Procedure (SRP) below). SRP's 

shall only be submitted to DLA for foreign material inherent to a specific food product or ingredient. Screws, washers, 

plastic pieces, bandages, metal fragments, glass, etc., are not inherent to ingredients used in food products and a SRP for 

these types of foreign material shall not be submitted to DLA for consideration and approval. SRPs submitted to DLA for 

review and approval shall have a title beginning with “Standard Rework Procedure for...”. These SRPs may be referenced, 

as applicable, in the corrective action plan that the contractor provides for a specific instance (along with any relevant 

specific details). 

 All preventive and corrective actions documented by, proposed by, and conducted by the contractor shall conform to 

the regulations promulgated by the applicable regulatory agency (FDA, USDA-FSIS, USDC). When a contractor is 

required by regulation to notify a regulatory agency regarding foreign material and/or processed/ unprocessed container 

mix ups, it shall be the responsibility of the contractor to present to the GQAR and to DLA verification of conformance to 

the applicable agency's regulations. 

 In all cases, it is recommended that the GQAR be notified as soon as possible if and when incidents involving the 

finding by the contractor of foreign material in product and/or product ingredients. 

 (c) Thermal process deviations or deviations from the preparation, formulation or critical factors cited in the 

approved process schedule must be accompanied by a detailed letter from the plant's Processing Authority. The involved 

subcode(s), the deviation, and the disposition of the product shall be clearly identified, including if the deviant product 

being offered received an adequate thermal process, when the complete lot is presented for Government end-item 

verification inspection. 

 (d) Rework/Post-rework Testing of product that, at any time, tested positive for food borne pathogens, aflatoxin, 

histamine, methylmercury, is not authorized. 

 (i) This prohibition applies to the forementioned compounds and to any food borne pathogen to include but not 

limited to Listeria Monocytogenes, Salmonella, and E. coli. Unless Contracting Officer decides that circumstances dictate 

otherwise, APC, SPC, HPC, Total Coliforms, Yeast, and Mold are excluded from this prohibition. 

 (ii) Upon notification of the National Science Laboratory test results and/or USDA-AMS of a potential positive/

positive for Listeria Monocytogenes, Salmonella, or E. coli., the contractor shall commence actions recommended/

required, as applicable, by attachment “MICROBIOLOGICAL TEST RESULTS QUESTIONNAIRE”. Questions 

regarding completion of the recommended/required actions are to be directed to the responsible office, Food Safety Office 

(FTW) through FTRC. 

 (iii) Upon the issuance of a microbiological presumptive positive or test failure, the Government reserves the right 

to suspend Government inspection for sufficient time to allow the DLA Food Safety Officer to determine that the offeror 

has adequately demonstrated that the food safety risk of products being offered have been satisfactorily remediated. 

 (e) These requirements are in addition to applicable Code of Federal Regulations or other regulatory requirements 

(USDA-FSIS, FDA). NOTE: Deviations (that occur during or prior to the production of a product) from specific 

preparation/ formulation/ ingredient requirements cited in the specifications shall be submitted as a request for product 

deviation through the applicable Contracting Officer for the coordination with and the approval of the Specification 

Preparing Activity (DEVCOM-SC). 

 3. Container Integrity Defects: All reworks due to and/or involving the presence of critical container integrity defects 

noted during the producer's end-item inspection of finished product component lots and/or final assembly lots; noted 

during Government final lot end-item verification inspections; noted during Government or assembler receipt inspections 

of finished product component lots, or noted when the established action number/level (as cited in the contractor's QSP) is 

exceeded during the in-process assembly/subassembly operation must be approved by the applicable Contracting Officer. 

All containers exhibiting the same or other container integrity defects must be removed during a container rework and 

noted on the rework paperwork. Reworked lots will be inspected by the contractor and, if offered, inspected by the GQAR 

using the next larger sample size in the case of tests and exams not assigned an AQL by a specification's sampling plan (for 

example, from 200 samples to 315, or if a second rework, from 315 samples to 500 samples), and using tightened 

inspection criteria in the case of tests and exams performed in accordance with a specification's sampling plan citing an 
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AQL. Government end-item verification inspection results shall serve as the basis for increasing the severity of inspection 

of reworked lots. Rework results must be included with other paperwork when the lot is presented for Government enditem verification inspection. NOTE: A contractor may submit a Standard Rework Procedure (SRP) for Container Integrity 

Defects to FTRC for approval and incorporation in the contractor's QSP. 

NOTE: Samples to be inspected by USDA to determine if a lot shall be issued a USDA “Certificate of Quality and 

Condition (Processed Foods)” will be selected by an authorized representative(s) of USDA, i.e., USDA inspector(s) or 

USDA licensed sampler(s). 

 4. Second Time Reworks: All second time reworks must be approved by the applicable FTR Contracting Officer. 

Applicable to combinations of contractor and government end-item and receipt inspection results involving reworks due to 

exam and or test rejections not due to the presence of critical defects or foodborne pathogens. When determining what 

constitutes a second time rework, consider the first Government lot rejection to be the initial rejection and its subsequent 

rework to count as the “first rework”. Any second lot rejection, by either the contractor or the Government, rejected for the 

same examination or test that occasioned the “first rework” shall be cause for asking approval of “second rework”. When 

an inspection examines or tests for the presence of a critical defect, refer to preceding sub-part “3. Container Integrity 

Defects.” 

 5. Nonconformances Noted During Government Inspection for End-item Compliance: All rework requests 

submitted for defects noted during Government inspection for end-item compliance, including defects noted during 

Government receipt inspection at assembly, must be approved by the applicable Contracting Officer. Reworked lots will be 

inspected or re-inspected, as applicable, by the GQAR at the location of the rework using the next larger sample size in the 

case of tests and exams not assigned an AQL by a specification's sampling plan (for example, from 200 samples to 315 for 

a first verification inspection after rework, from 315 samples to 500 samples for a second verification inspection after 

rework), and using tightened inspection criteria in the case of exams performed in accordance with a specification's 

sampling plan citing an AQL. Rework results must be included with other paperwork when the lot is presented for 

Government end-item verification inspection. 

NOTE: A contractor may submit a Standard Rework Procedure (SRP) to FTRC for approval and incorporation in 

the contractor's QSP. 

 6. Standard Rework Procedure (SRP): For reworks requiring the Government's approval, the contractor may submit 

a standard rework procedure, for certain defects, under the contractor's documented QSP's Corrective and Preventive 

Action Program. The SRPs must be specific and these must be evaluated by DLA Troop Support-FTSB, FTSC, and 

approved by the applicable Contracting Officer. 

 7. If the contractor elects to rework nonconforming product, it must be reworked and reoffered within 30 days from 

date of initial rejection. 

 8. All requests for rework shall be accompanied with a comprehensive rework plan. The rework plan will include 

rational information and data that supports the rework plan and ensures the elimination of nonconforming material from 

the lot. See “Requests for Rework, Waiver, Deviation, or Reinspection of Nonconforming Supplies, and Requests for 

Product Substitutions, or Extensions of Components' Assemble-by Time Limits”. 

 

 Reinspection criteria to be used in cases of “1. Insect or Rodent Infestation/Contamination” or “2. Food Safety and 

Foreign Material” shall be determined on a case-by-case basis, as USDA-AMS Foreign Material Manual exams and/or 

other tests or exams may be required before acceptance by the Contracting Officer or before certification by USDA or 

USDC, provided acceptance is not prohibited by Federal regulations. 

 Applicable to Section E “Rework of Nonconforming Product Pre or Post Acceptance”, item B.4.,”Second Time 

Reworks”. After any lot's rejection, whether a contractor rejection or a Government rejection, or rework/screening/

corrective action, which occur after the contractor's initial offer of the lot to the Government, if a lot is reinspected for 

contract quality assurance provisions compliance, it will be both Contractor and Government inspected using the next 

higher sample size in the case of tests and exams not assigned a sampling plan having an AQL as prescribed by this 

solicitation/ contract (the next higher sample size sequence being 5, 8, 13, 20, 32, 50, 80, 125, 200, 315, 500, 800, 1250). 

After any lot's failure or rework, if the lot is reinspected for required end-item compliance tests and exams, it will be both 

Contractor and Government inspected using tightened inspection criteria in the case of tests and exams performed in 

accordance with sampling plans having specified AQLs as prescribed by this solicitation/contract. 
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 Applicable to Section E “Rework of Nonconforming Product Pre or Post Acceptance”, item B.5., “Nonconformances 

Noted During Government Inspection for End-item Compliance”. After any lot's failure, or rework/screening/corrective 

action, or similar exercise, if a lot is reinspected for required end-item compliance tests or exams, it will be both Contractor 

and Government inspected using the next higher sample size in the case of tests and exams not assigned a sampling with an 

AQL as prescribed by this solicitation/contract (the next higher sample size sequence being 5, 8, 13, 20, 32, 50, 80, 125, 

200, 315, 500, 800, 1250). After any lot's failure or rework, if the lot is reinspected for required end-item compliance tests 

and exams, it will be both Contractor and Government inspected using tightened inspection criteria in the case of tests and 

exams performed in accordance with sampling plans having specified AQLs as prescribed by this solicitation/contract. 

 The scope of a reinspection may extend to a total reinspection of a lot for all required tests and exams. When petitioning 

for a rework approval, the petitioner should be specific in terms of what reinspection tests and exams are necessary to 

establish by acceptable test and/or exam results, evidence of effective corrective action and lot conformance. 

 C. Contractor's Quality History: 

 1. Effectiveness of corrective actions (rework/screen inspections) taken by the contractor prior to Government end-item 

verification inspection (receipt, in-process and contractor's end-item inspections) will be determined by the results of the 

end-item verification inspection performed by the GQAR. Corrective actions taken to ensure compliance with the 

contractual requirements prior to the Government end-item verification inspection will not be counted against the 

contractor's quality history. If product is found conforming during the Government end-item verification inspection, the 

corrective action will be determined to have been effective. 

 2. If product is found nonconforming during the Government end-item verification inspection following contractor 

corrective action for the same defect (or defect category in case of critical pouch defects) for which the contractor took a 

corrective action, the corrective action will be determined to have been ineffective. The GQAR shall notify FTSB of the 

specific circumstances involving the corrective action determined to be ineffective. In addition to any action taken, the 

contractor must reevaluate their documented QSP and/or the implemented corrective and preventive action program by an 

internal audit and results must be submitted to FTSB (Quality Systems Auditors). All corrective actions (rework/screening 

inspections, etc.) taken by the contractor due to a Government end-item verification inspection rejection will be 

documented in the contractor's quality history records. 

 

IV. REQUEST FOR REWORK, WAIVER, DEVIATION, OR REINSPECTION OF NONCONFORMING 

SUPPLIES, AND REQUESTS FOR PRODUCT SUBSTITUTIONS, OR EXTENSIONS OF COMPONENTS' 

ASSEMBLY TIME LIMITS 

 

NOTE: Requests for waiver of the 180 day age limit for inclusion of a component lot in a final assembly lots are to be 

completed as per this sub-section. 

 (A.) When the requirements cited in the section of this solicitation entitled “Rework Of Nonconforming Product Pre 

or Post Acceptance” require that a written request for deviation, waiver, rework, or reinspection must be furnished, as 

appropriate, to the Contracting Officer and cognizant Government QAR, that request shall at a minimum address the 

topics enumerated in the Section E attachment titled “Attachment 1 - REWORK, WAIVER, DEVIATION, 

REINSPECTION, FOREIGN MATERIAL, EXTENSION TEMPLATE” 

NOTE: All requests for rework shall be accompanied with a comprehensive rework plan. The rework plan will 

include rational information and data that supports the rework plan and ensures the elimination of nonconforming 

material from the lot. 

 (B.) When a valid technical reason for reinspection is offered and permission is granted by the Contracting Officer, 

the contractor shall take corrective action to eliminate the cause of the inspection revealed failure; reinspect the 

nonreworked lot after taking the corrective action, and evaluate the results of the initial inspection and the 

reinspection by means of recognized statistical methods. 

 1. If the statistical tests reveal no significant difference between the results of the two inspections, acceptability 

will be based on reinspection results. A significant difference is one that is real and not due to chance variation. 

Statistically, a difference which has a 0.05 probability of occurring by chance alone is usually considered a significant 

difference. 
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 2. If such statistical tests reveal no significant difference between the results of the two inspections, both results 

will be reported to the Contracting Officer. 

 (a) The results of the two inspections will be averaged and acceptability will be based on whether the resulting 

average meets the requirement, when the requirement is an average (variable) requirement. 

 (b) The results of the initial (original) inspection will be the basis for the acceptability decision when the 

requirement is a unit (attribute) requirement. 

 

V. INSPECTION AND ACCEPTANCE AT DESTINATION 

 

 Inspection and Acceptance are:

 Inspection point: [] Destination [X] Origin

 Acceptance point: [X] Destination [ ] Origin “

 

VI. PROVISIONS 

 

9046 FOOD AND DRUG ADMINISTRATION (FDA) COMPLIANCE (NOV 2011) 

If any supplies acquired hereunder are recalled under the provisions of the Federal Food, Drug and Cosmetic Act, and 

regulations there under, the Contractor shall, at the Government's option, either reimburse the Government or repair/ 

replace the recalled supplies. Additionally, the Contractor shall notify the Contracting Officer immediately when a 

firm decides to voluntarily recall or withdraw any product from the marketplace Upon notification by the Contracting 

Officer that supplies acquired hereunder have been recalled, the Contractor shall either (a) accept certificates of 

destruction from the Government after the supplies have been properly disposed of, (b) request return of the supplies, 

or (c) if supplies may be repaired on site without transporting them from their location, furnish all materials necessary 

to effect repairs. Replacement or reimbursement will be accomplished by the Contractor immediately on receipt of 

Certificates of Destruction or returned supplies. The costs of replacement or repair of supplies, and transportation and 

handling costs for movement of returned, replaced or repaired supplies within the contiguous United States shall be 

paid by the Contractor. The provisions of this clause are applicable only when the value of the recalled supplies in the 

possession of the Government amounts to $100 or more. The rights and remedies of the Government provided in this 

clause are in addition to, and do not limit, any rights afforded to the Government by any other clause in the contract. 

 

9039 REMOVAL OF GOVERNMENT IDENTIFICATION FROM NON-ACCEPTED SUPPLIES (NOV 

2011) 

(a) The Contractor shall remove or obliterate from a rejected end item and its packing and packaging, any marking, 

symbol, or other representation that the end item or any part of it has been produced or manufactured for the United 

States Government. Removal or obliteration shall be accomplished prior to any donation, sale, or disposal in 

commercial channels. The Contractor, in making disposition in commercial channels of rejected supplies, is 

responsible for compliance with requirements of the Federal Trade Commission Act (15 United States Code (U.S.C.) 

45 et seq.) and the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.), as well as other Federal or State 

laws and regulations promulgated pursuant thereto. 

 

(b) Unless otherwise authorized by the Contracting Officer, the Contractor is responsible for removal or obliteration 

of government identifications within 72 hours of rejection of nonconforming supplies including supplies 

manufactured for the Government but not offered or supplies transferred from the Government's account to the cold 

storage Contractor's account at origin or destination. (For product rejected at destination and returned to the 

Contractor's plant, the 72 hour period starts with the time of Contractor receipt of returned product). After removal or 

obliteration is accomplished and prior to disposition, the Contractor must notify the Government inspector. 

 

9044 SANITARY CONDITIONS (May 2022) 
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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, 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 Medical Command Veterinary Services, 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 RNC 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 Support-FTSC 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 

 

 (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 in 

establishments listed in the U.S. Army Medical Command Veterinary Services (MEDCOM Vet Svcs) Circular 40-1, 

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

Directory) (available at: http://phc.amedd.army.mil/topics/foodwater/ca/Pages/ DoDApprovedFoodSources.aspx ). 

Compliance with the current edition of DoD Military Standard 3006A, Sanitation Requirements for Food 

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

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

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

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

 

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

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

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

 

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

which are currently listed in the “Meat, Poultry and Egg Inspection Directory,] published by the United States 

Department of Agriculture, Food Safety and Inspection Service (USDA, FSIS), at http://www.fsis.usda.gov/

wps/portal/fsis/topics/ inspection/mpi-directory. The item, to be acceptable, shall, on delivery, bear on the 

product, its wrappers or shipping container, as applicable, the USDA shield and applicable establishment 

number. USDA listed establishments processing products not subject to the Federal Meat and Poultry Products 

Inspection Acts must be listed in the 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 
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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). 

 

(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 accompanying shipment documentation. 
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SECTION E - INSPECTION AND ACCEPTANCE (CONTINUED)

 

(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. 

 

VII. ATTACHMENTS 

 

 A. The attachment listed below is also available at: https://www.dla.mil/Troop-Support/Subsistence/QAPublications/Appendix-A/

 1. Attachment 1: Request for Rework, Request for Waiver, Request for Deviation, or Reinspection of 

Nonconforming Supplies 
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52.246-2 INSPECTION OF SUPPLIES FIXED PRICE (AUG 1996) FAR

 

SECTION F - DELIVERIES OR PERFORMANCE

52.211-16 VARIATION IN QUANTITY (APR 1984) FAR

As prescribed in 11.703(a), insert the following clause: 

(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: 

Percent increase 

 Percent decrease 

This increase or decrease shall apply to .* 

(End of clause)

 

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

 

52.242-15 STOP-WORK ORDER (AUG 1989) FAR

 

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR

 

52.247-60 GUARANTEED SHIPPING CHARACTERISTICS (JAN 2017) FAR

(a) The offeror is requested to complete paragraph (a)(1) of this clause, for each part or component which is packed or packaged separately. This information 

will be used to determine transportation costs for evaluation purposes. If the offeror does not furnish sufficient data in paragraph (a)(1) of this clause, to 

permit determination by the Government of the item shipping costs, evaluation will be based on the shipping characteristics submitted by the offeror whose 

offer produces the highest transportation costs or in the absence thereof, by the Contracting Officer's best estimate of the actual transportation costs. If the 

item shipping costs, based on the actual shipping characteristics, exceed the item shipping costs used for evaluation purposes, the Contractor agrees that the 

contract price shall be reduced by an amount equal to the difference between the transportation costs actually incurred, and the costs which would have been 

incurred if the evaluated shipping characteristics had been accurate. 

(1) To be completed by the offeror: 

(i) Type of container: Wood Box [ ] Fiber Box [ ], Barrel [ ], Reel [ ], Drum [ ], Other (Specify) ; 

(ii) Shipping configuration: Knocked-down [ ], Set-up [ ], Nested [ ], Other (specify) ; 

(iii) Size of container: ” (Length), × ” (Width), × ” (Height) = Cubic Ft; 

(iv) Number of items per container each; 

(v) Gross weight of container and contents Lbs; 

(vi) Palletized/skidded [ ] Yes [ ] No; 

(vii) Number of containers per pallet/skid ; 

(viii) Weight of empty pallet bottom/skid and sides Lbs; 

(ix) Size of pallet/skid and contents Lbs Cube ; 

(x) Number of containers or pallets/skids per railcar * 

(A) Size of railcar 

(B) Type of railcar 

(xi) Number of containers or pallets/skids per trailer * 

(A) Size of trailer Ft 

(B) Type of trailer 

* Number of complete units (line item) to be shipped in carrier's equipment. 

(2) To be completed by the Government after evaluation but before contract award: 

(i) Rate used in evaluation ; 

(ii) Tender/Tariff ; 

(iii) Item . 

(b) The guaranteed shipping characteristics requested in paragraph (a)(1) of this clause do not establish actual transportation requirements, which are 

specified elsewhere in this solicitation. The guaranteed shipping characteristics will be used only for the purpose of evaluating offers and establishing any 

liability of the successful offeror for increased transportation costs resulting from actual shipping characteristics which differ from those used for evaluation 

in accordance with paragraph (a) of this clause. 

(End of clause)

 
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SECTION G - CONTRACT ADMINISTRATION DATA (CONTINUED)

SECTION G - CONTRACT ADMINISTRATION DATA

G-1 Contract Administration 

 

Contract Administration will be performed by DLA Troop Support, Individual Rations Division - FTRC. 

 

G-2 Correspondence 

 

All pertinent correspondence relative to this contract must be directed to DLA Troop Support, Individual Rations 

Division - FTRC. Contractor's requests for acceptance of nonconforming supplies should be submitted to the 

assigned Quality Assurance Representative (QAR), i.e., U.S. Army Veterinary Inspector (AVI) or USDA 

Inspection as applicable. The QAR should forward your request directly to the Contracting Office. A copy of 

correspondence notifying the contractor of acceptance/rejection of waiver/ deviation requests will be furnished by 

the Contracting Officer. 

 

G-3 Invoices 

 

See DFARS clause 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018). 

 

 

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1 Ordering 

 

Orders will be placed with no less than a 7-day lead-time, and must be placed in economic production quantities, 

unless the component contractor concurs and there is no additional cost. The required delivery date will be established 

with the issuance of the delivery order. 

Failure to deliver the required quantities by the date set forth in the delivery order may result in termination of the 

contract by default. 

 

Orders may be cancelled partially or in total within 15 days of order placement for any reason. Any cancellation after 

15 days may only be accepted with the express consent of the contractor. 

 

Prices will be based on an FOB Origin basis. Acceleration or delay of any delivery may only occur at no additional 

cost to the Government and with the consent of the contractor. Additionally, deliveries must be scheduled to take 

advantage of economical shipping containers/rates. 

 

H-2 Replacement of Defective Components 

 

For cases of bulk-packed component items, if upon opening the case or during assembly a number of defective units 

are discovered in the case which cannot be readily segregated from useable components, e.g. leaking spreads or 

excessive accessory pack issues, the case must be removed from the assembly line and upon such verification from 

the Army Vet Inspector (AVI), the entire case will be considered defective, and placed on hold. The Contracting 

Officer must be given written notice of the defective product including the name and signature of the confirming 

AVI inspector. The assembler must include information regarding defective components and replacement of such 
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SECTION H - SPECIAL CONTRACT REQUIREMENTS (CONTINUED)

components in its inventory reports. 

 

H-3 Storage of Component Items 

 

Components must be stored in such a manner as to protect them from damage due to temperature or humidity 

changes. DLA Troop Support may be contacted for assistance concerning individual component storage problems or 

concerns regarding proper methods. If bulk-packaged components are removed from storage in a frozen condition, 

they must not be exposed to high temperatures and/or humidity without first being tempered. Tempering will be done 

by raising the temperature to no greater than 40 degrees F the first 24 hours; and to no more than 65 degrees F and 55 

percent humidity the second 24 hours. Packaging material must not be removed prior to completing the tempering 

procedure. 

 

H-4 FIFO Requirements 

 

Components will be utilized in assembly operations on the First-in, First-out (FIFO) basis (or contractor's date of pack 

when receipted). A contractor's component lot, described by the Julian date of pack, must be completely assembled and 

exhausted before assembling the next component lot. 

 

H-5 Bulk Component Packaging 

 

To assure the unwrapped components are packaged in a satisfactory manner, the following minimum 

sanitation requirements are established in the performance of any contract awarded: 

 

A. Strict adherence to Good Manufacturing Practices is required. 

 

B. An appropriate level of sanitation will be maintained in the bulk product packaging area in accordance with 

the facility sanitation program. 

C. Personnel involved in packaging operations will be provided with clean white frocks as needed. 

 D. The hands of personnel participating in bulk product packaging operations must be clean at all times and 

free from sores, cuts, and/or abrasions. 

 E. Personnel involved in packaging operations will be required to wear head coverings (hat or hair net) and 

beard nets, when appropriate. 

H-6 Subassemblies 

 

Payment to assemblers will be based upon the number of completed boxes assembled and delivered. No 

compensation will be allowed for subassemblies, which are not incorporated into completed boxes. 

 

SECTION I - CONTRACT CLAUSES

I-2 Production Facility Changes 

 

Any change in the production facility initially stated in the contract must be approved by the Contracting Officer. 

Written requests for a change in production facilities must be submitted in writing to the Contracting Officer. 
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SECTION I - CONTRACT CLAUSES (CONTINUED)

Changes in production facilities may be approved provided: 

 

(1) Performance by small business or in labor surplus areas as required by the contract will not be changed; 

(2) The change will not cause a delay in delivery or necessitate a change in the purchase description; 

(3) The freight on board (f.o.b.) point is not changed; and 

(4) Each request is supported by a price reduction of $250.00 to cover the Government's administrative costs to 

process the change. 

The Government reserves the right to deny approval even if these four elements are met. 

I-3 Food Defense 

 

Refer to Section E for Food Defense requirements 

 

I-4 Integrated Pest Management Plan 

Integrated Pest Management (IPM) Program Requirements for Operational Rations 

Applicable to all Operational Rations Facilities 

15 November 2017 

I. Scope and Applicability: 

A. All contractors and/or subcontractors who manufacture, repackage, store, assemble, or ship Government 

Furnished Material (GFM) and/or Contractor Furnished Material (CFM) used in the production and/or assembly 

of operational rations are required to have an integrated pest management program in place. The IPM program 

implemented needs to adequately protect products from infestation and/or contamination by insects (or other 

arthropods), rodents, birds, or other animals. Contractors/subcontractors supplying other than subsistence items 

for the Operational Rations programs are exempt from this requirement. However, suppliers of nonfood items 

must adhere to Good Manufacturing Practices to avoid the introduction of filth and/or pests into associated food 

manufacturing and assembly facilities.

B. The IPM program implemented shall comply with the Federal Food, Drug and Cosmetic Act; the Federal 

Insecticide, Fungicide and Rodenticide Act (FIFRA) as amended; and any regulations promulgated there under.

 

C. SECTION RESERVED 

 

D. Contractors and/or subcontractors of products with Higher Level Quality Requirements (documented Quality 

Systems Plan required) must submit the following to DLA Troop Support-FTS as part of their Quality System 

Plan:

1. A statement on whether service is in-house or provided by an external provider. If the service provider is 

external, submit the name of the company/provider. Additionally, a copy of the current pesticide applicator 

certificate/license shall be submitted for either in-house or external service providers. 
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2. A map of the facility indicating the location of pest management devices (pheromone traps, rodent control 

devices, etc.). If more than one facility is used (i.e. storage of ingredients or finished goods), a map for each 

facility is required. 

3. A statement identifying the normal frequency (weekly, bi-weekly, etc.) of inspecting pest management 

devices by company personnel and/or contracted service, as applicable. 

4. If pesticides are stored on site, how are they controlled (who has access, is the inventory monitored, etc.)? 

 

E. The IPM program shall be in existence prior to contract award. The program shall also be fully 

implemented prior to initial receipt, production, storage, assembly, or shipment of Operational Ration 

components, end items, or final assemblies. The Contracting Officer may take whatever action is 

deemed necessary to ensure full compliance with any and all aspects of the IPM program. The 

Government reserves the right to inspect the premises and associated products and materials and to 

reject those products and/or materials evidencing pest infestation/contamination or determined to be 

produced or held under unsanitary conditions.

 

II. Integrated Pest Management (IPM) Program Concepts 

 

A. IPM may be defined as "the use of all appropriate technological and management techniques to bring about an 

effective degree of pest prevention and suppression in a cost-effective, environmentally sound manner". 

Accordingly, the goal of IPM is to minimize the adverse environmental impact of pesticides while achieving an 

acceptable level of control and cost effectiveness. The single most important aspect of IPM in the food 

processing and storage industry is SANITATION.

B. Basic IPM Program Elements 

1. Sanitation, housekeeping, and good manufacturing practices. 

2. Continuous product and facility inspections to include a pest surveillance program, utilizing 

pheromone surveillance technology. 

3. Proper facility design, maintenance, and physical pest exclusion. 

4. Proper stock handling and warehousing techniques. 

5. Appropriate use of mechanical pest control techniques and trapping strategies. 

6. Proper selection and application of pesticides, using those of least toxicity where feasible. 

 

III. IPM Program Required Elements 

This section contains required elements of the IPM program for Operational Rations and should be addressed in 

the program implemented. All program elements should be addressed. Requests for waivers and/or modifications 
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to any of the elements contained in the IPM program must be submitted in writing to DLA Troop Support- FTSB 

thru the Contracting Officer for consideration. 

 

A. Sanitation, Housekeeping, and Good Manufacturing Practices 

1. At least one (1) week prior to the initiation of any associated contract operation, all portions of the subject 

facility shall be rendered sanitary and pest free. A comparable level of sanitation shall be achieved in all 

adjacent facility areas, even if not directly associated with Government contract operations. 

2. Any equipment not required in the handling or processing of food or non-food items, and which is not a part 

of the required production/assembly process, shall be clean and properly maintained to preclude pest 

infestation/harborage. 

3. Spilled food or ingredients, residue from damaged product, waste packaging or packing materials, and all 

other debris shall be cleaned up and properly disposed of by the end of each workday. Infested residue or 

debris shall be disposed of immediately. Waste receptacles shall be kept covered at all times. 

4. Inbound conveyances shall be inspected to determine that they have arrived in a sanitary and pest free 

condition. Evidence of conveyance infestation shall be immediately reported to DLA Troop Support. 

Outbound conveyances shall be inspected and rendered sanitary and pest free before loading. 

5. Damaged product shall not be placed in the general storage area. Damaged product discovered in the general 

storage area shall be removed to a designated rework/salvage area. The rework/salvage area shall be 

maintained in a highly sanitary and pest free condition at all times. Damaged product, which cannot be 

salvaged, shall be expeditiously disposed of with the approval of the Contracting Officer when required. 

6. Ingredient mixing/batching rooms/areas shall receive detailed attention to sanitation requirements. Product 

residues associated with such operations shall not be allowed to accumulate. 

7. The facility grounds shall be maintained in a neat and orderly manner, free of trash, debris, and 

accumulations of excess materials and equipment, which may provide harborage for insect and rodent 

pests. Dumpsters shall be kept covered at all times. 

B. Product/Facility Inspections and Pest Surveillance 

1. All incoming products and materials, including packaging and packing materials shall be inspected upon 

receipt for evidence of pest infestation/contamination. Pallets should be clean and free of debris. Special 

attention should be given to the receipt of raw ingredients and spices, as these items are highly susceptible to 

infestation. 

2. Daily facility walk-through sanitary inspections should be conducted in order to identify damaged product, 

infested/contaminated materials, facility maintenance needs, and to evaluate the overall effectiveness of 

sanitation and pest management programs. 

NOTE: The procedures in the following paragraph 3 must be fully implemented within thirty (30) days 

of contract award for solicitations containing this IPM program. 
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SECTION I - CONTRACT CLAUSES (CONTINUED)

 

3. Insect surveillance shall be accomplished by means of pheromone trapping, utilizing specific or 

combination pheromone traps to provide surveillance for the major stored product pest species commonly 

infesting processed foods and ingredient items. NOTE: If Pheromone traps are not utilized, the rationale 

for non-use should be clearly indicated in the plan. 

a. Pheromone traps shall be located at appropriate intervals throughout all ingredient and food component 

storage areas to provide for early detection of stored product insect activity. Pheromone lures shall be 

periodically changed in accordance with the manufacture's recommendations. Damaged and/or dirty 

traps shall be changed when necessary. 

b. Trap monitoring should be accomplished jointly by contractor and pest control subcontractor personnel 

when an external service provider is used. The in-plant Government Quality Assurance Representative 

(GQAR) shall have access to the monitoring records. Reports of activity over an extended period 

without action being taken shall be reported to the Contracting officer and DLA Troop Support-FTS. A 

written corrective and preventive action plan from the contractor shall be requested if the problem 

persists. If insect activity is observed within contractor facilities by the GQAR during the course of 

contract operations, exclusive of pheromone traps and electrocution devices, the GQAR shall 

immediately, verbally, notify the contractor and confirm this in writing. A copy of the written report 

shall simultaneously e-mailed to the Contracting Officer and DLA Troop Support-FTS. The contractor 

shall take immediate action and submit a written corrective plan (including specimen identification by 

the Contractor's Pest Management Company or Qualified Pest Management personnel) within 5-

working days to the Contracting Officer and DLA Troop Support-FTS. 

 

C. Facility Design, Maintenance, and Pest Exclusion 

1. Roofs and walls shall be maintained in a good state of repair to prevent leaks and accumulations of standing 

water. 

2. All holes or gaps in interior and exterior walls shall be sealed as necessary on a continual basis. 

3. All exterior openings, including windows, air exchangers (unless fitted with operable louvers), vents, and 

doors which may remain open, shall be properly screened. 

4. All door entrances shall be self-closing and constructed of rodent-proof material in such a manner to preclude 

rodent entry when closed. Cargo or dock doors shall be equipped either with inflatable/adjustable boots, 

full-length vinyl strips, and/or properly functioning air curtains. Cargo doors left open for ventilation shall 

be fitted with framed screen inserts to prevent insect entry. 

5. Cleaning and caulking/sealing of facility floor and wall cracks/joints should be attended to as necessary 

on a continuing basis. 

D. Stock Handling and Warehousing Techniques 

 
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SECTION I - CONTRACT CLAUSES (CONTINUED)

1. Infestible food components and ingredients shall be stored a minimum of 18 inches away from all walls and 

partitions. Inspection aisles of not less than 18 inches shall be maintained between each two (2) rows or stacks 

of subject product. Pallet rack systems are acceptable as long as all product is readily accessible for inspection. 

Infestible ingredient items, when stored in rack systems, shall be located at the lowest levels and consolidated 

for ease of monitoring and surveillance. 

 

2. Two or more infestible components shall not be located on a single pallet. 

 

3. Proper stock handling practices, designed to minimize product damage, shall be enforced throughout the 

course of contract operations. 

 

4. Commercial ingredient items of an infestible nature shall be stored separately from ingredient items used 

in the Government contract operation. Remaining commercial components and end items shall be 

segregated to the maximum extent possible, given the physical constraints of the storage facility. 

 

E. Mechanical Control and Trapping Strategies 

 

1. Mechanical rodent control devices and/or traps may be utilized in any area of the food processing and 

storage facility as long as they do not interfere with normal production operations. These devices are used 

in lieu of bait stations containing rodenticides. If food type bait materials are used in conjunction with traps, 

they should be monitored for potential insect infestation. A map or layout of all facilities showing the 

existing or intended locations of mechanical rodent control devices shall be included. 

 

2. Rodent glue boards may be utilized as required for control and also as a means of rodent surveillance. 

 

3. Reliance on magnetic or sonic repelling devices for insect, rodent, and/or bird control is not recommended. 

4. Properly approved and installed insect electrocution devices may be utilized in all areas of the facility at the 

discretion of the contractor. Electrocution devices shall be maintained in a clean and sanitary manner and 

positioned so as not to contaminate food products or food contact surfaces. 

F. Pesticide Selection and Application 

 

1. Applicator and Pesticide Documentation 
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SECTION I - CONTRACT CLAUSES (CONTINUED)

a. The application of pesticides, categorized as "Restricted Use" by the Environmental Protection Agency 

(EPA), shall only be performed by properly trained and certified pesticide applicators. Legible copies of 

valid State applicator licenses/ certifications for in-house (contractor) personnel applying "Restricted Use" 

pesticides on the premises shall be provided. Legible copies of product labels for any "Restricted Use" 

pesticide proposed for use shall be available for on-site review and/or provided upon written request from 

the Contracting Officer. 

b. The application of "General Use" pesticides may be performed by trained persons. Individual State 

restrictions may apply to the application of "General Use" pesticides in a commercial food processing and/

or storage facility. The names and qualifications for in-house personnel applying "General Use" pesticides 

on the premises shall be provided, if not commercially certified as above. Legible copies of product labels 

for any "General Use" pesticide proposed for use shall be available for on-site review and/or provided upon 

written request from the Contracting Officer. 

2. The selection, application method, and frequency of application for residual insecticides, flushing agents, 

space treatment chemicals, insect growth regulators, rodenticides, and herbicides shall be left to the 

discretion of the contractor or the pest control subcontractor. Pesticide application and treatment records 

shall be kept for each facility treated and shall be maintained for a minimum of one (1) year. These treatment 

records shall be made available to the Government upon request and shall be reviewed during Quality 

Systems Audits or other visits to the establishment. 

NOTE: Residual insecticides applied in processing facilities, which fall under the jurisdiction of the USDA 

Food Safety and Inspection Service (FSIS) - Meat and Poultry Inspection Office (MPIO), shall be applied in 

accordance with MPI directives and with the approval of the GQAR in Charge.

NOTE: In no case shall product, pouches/pouch material, meal bags/material, lids, cans, accessory bags, 

or unassembled component items be exposed during pesticide applications.

3. Facility exterior perimeter rodent bait stations, containing an EPA approved rodenticide, are required. Bait 

stations shall be of the tamper proof type and secured for safety. The locations of the exterior bait stations 

shall be indicated on the facility maps or layouts. Rodenticides shall not be used in processing, assembly, or 

storage areas. 

4. If a requirement exists for the use of toxic rodent tracking powders, a DLA Troop Support entomologist shall 

first be notified and approval granted for such use. Nontoxic tracking powders may be utilized at the 

discretion of the pest control service person. 

5. A fumigation capability must be available in the event either product or facility fumigation becomes 

necessary. If fumigation is necessary, DLA Troop Support may request the source of the capability and a 

copy of the subject certification be provided. 

NOTE: Retorted and pouch sealed components, as well as final assembled rations, shall not be fumigated 

unless authorized by the Contracting Officer (and as recommended by the DLA Troop Support Food 

Safety Office or DLA Troop Support-FTS). 

IV. Required Notifications 

Intended changes, additions, deletions, or other proposed modifications to an IPM program which impacts 
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SECTION I - CONTRACT CLAUSES (CONTINUED)

products intended for Government use shall be submitted to the Contracting Officer for evaluation by a DLA 

Troop Support-FTS before implementation. 

The Contracting Officer shall be immediately informed of any infestations found in product, packaging supplies, or 

within the facilities themselves. Immediate telephonic and/or e-mail notification to the Contracting Officer and DLA 

Troop Support-FTS Entomologist is required by the contractor and/or the GQAR as applicable. 

The GQAR and/or DLA Troop Support-FTS will inform contractors of unfavorable pest situations, as they are 

determined or observed during daily sanitary inspections or during audits. The contractor is required to submit 

a corrective and preventive action plan describing what actions are being taken to correct the unfavorable 

situation. 

 

I-5 Quality Systems Plan (QSP) 

Refer to Section E for detailed requirements for a QSP. 

 

I-6 Surge and Sustainment Plan 

 

For information regarding Surge and Sustainment plans, please refer to the following provisions: 

 

1. Section C, C06 Surge and Sustainment (S&S) Requirements (FEB 2017). 

 

2. Section L, L21 Surge and Sustainment (S&S) - Capability Assessment Plan (CAP) - DLA Troop 

Support -Subsistence (FEB 2017).

 

3. Section M, M07 Surge and Sustainment (S&S) Evaluation (FEB 2017)

 

Note: The successful awardee will be required to maintain an acceptable Food Defense Plan, Integrated Pest 

Management Plan, QSP, Small Business Subcontracting Plan (if applicable) and Surge and Sustainment Plan 

throughout the life of the contract. All plans must be submitted with initial offers. The awardee must have all 

requirements listed above approved by the contracting officer prior to contract award.

 

52.202-1 DEFINITIONS (JUN 2020) FAR

 

52.203-3 GRATUITIES (APR 1984) FAR

 

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014) FAR

 

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020) FAR

 

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT - ALTERNATE I (NOV 2021) FAR
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52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020) FAR

 

52.203-8 CANCELLATION, RECISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) FAR

 

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) FAR

 

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020) FAR

 

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021) FAR

 

52.203-14 DISPLAY OF HOTLINE POSTER (NOV 2021) FAR

As prescribed in 3.1004(b), insert the following clause: 

(a) Definition. 

“United States,” as used in this clause, means the 50 States, the District of Columbia, and outlying areas. 

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c). 

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing 

work under this contract and at contract work sites. 

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and 

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer. 

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an 

electronic version of the poster(s) at the website. 

(3) Any required posters may be obtained as follows: 

Poster(s) Obtain from 

 

 

(Contracting Officer shall insert --- 

(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster); and 

(ii) The website(s) or other contact information for obtaining the poster(s).) 

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the 

Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters. 

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed the threshold specified 

in Federal Acquisition Regulation 3.1004(b)(1) on the date of subcontract award, except when the subcontract— 

(1) Is for the acquisition of a commercial product or commercial service; or 

(2) Is performed entirely outside the United States. 

(End of clause) 

 

52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (JUN 2010) 

FAR

 

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF 

WHISTLEBLOWER RIGHTS (JUN 2020) FAR

 

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY 

AGREEMENTS OR STATEMENTS-REPRESENTATION (JAN 2017) FAR

 

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017) 

FAR

 

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

 

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT-RELATED FELONIES (JAN 

2023) DFARS

 

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

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

 

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) FAR

 

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

 

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020) FAR

 

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

 

52.204-20 PREDECESSOR OF OFFEROR (AUG 2020) FAR

As prescribed in 4.1804(d), insert the following provision: 

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

Commercial and Government Entity (CAGE) code means -- 

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

Entity (CAGE) Branch to identify a commercial or government entity by unique location; or 

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to 

entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in 

the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. 

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor. 

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often 

through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. 

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. 

(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years. 

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant 

within the last three years (if more than one predecessor, list in reverse chronological order): 

Predecessor CAGE code: (or mark “Unknown”). 

Predecessor legal name: . 

(Do not use a “doing business as” name).

 

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021) FAR

 

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY 

KASPERSKY LAB AND OTHER COVERED ENTITIES (NOV 2021) FAR

As prescribed in 4.2004 , insert the following clause: 

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

Covered article means any hardware, software, or service that --

(1) Is developed or provided by a covered entity; 

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or 

(3) Contains components using any hardware or software developed in whole or in part by a covered entity. 

Covered entity means --

(1) Kaspersky Lab; 

(2) Any successor entity to Kaspersky Lab; 

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or 

(4) Any entity of which Kaspersky Lab has a majority ownership. 

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of 

any covered article. The Contractor is prohibited from -- 

(1) Providing any covered article that the Government will use on or after October 1, 2018; and 

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract. 

(c) Reporting requirement. (1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the 

Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the 

case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting 

Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the 

indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. 

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause: 

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; 

model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily 

available information about mitigation actions undertaken or recommended. 

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions 
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SECTION I - CONTRACT CLAUSES (CONTINUED)

undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons 

that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered 

articles. 

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), including in all subcontracts for the acquisition of 

commercial products or commercial services. 

(End of clause)

 

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 (JAN 2023) DFARS

 

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

 

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

2023) DFARS

 

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (JUN 2023) DFARS

 

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, 

SUSPENDED, OR PROPOSED FOR DEBARMENT (NOV 2021) FAR

 

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

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

 

52.210-1 MARKET RESEARCH (NOV 2021) FAR

 

52.211-5 MATERIAL REQUIREMENTS (AUG 2000) FAR

 

52.211-11 LIQUIDATED DAMAGES - SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (SEP 2000) FAR

As prescribed in 11.503(a), insert the following clause in solicitations and contracts: 

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual 

damages, pay to the Government liquidated damages of $ per calendar day of delay. 

(b) If the Government terminates this contract in whole or in part under the Default.Fixed-Price Supply and Service clause, the Contractor is liable for 

liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are 

in addition to excess costs of repurchase under the Termination clause. 

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or 

negligence of the Contractor as defined in the Default.Fixed-Price Supply and Service clause in this contract. 

(End of clause)

 

52.215-2 AUDIT AND RECORDS - NEGOTIATION (JUN 2020) FAR

 

52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997) FAR

 

52.215-14 INTEGRITY OF UNIT PRICES (NOV 2021) FAR

 

52.216-19 ORDER LIMITATIONS (OCT 1995) FAR

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

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

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

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

(1) Any order for a single item in excess of [insert dollar figure or quantity]; 

(2) Any order for a combination of items in excess of [insert dollar figure or quantity]; or 

(3) A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this 

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

Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in 

paragraph (b) of this section. 

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

unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor's intent not to ship the 

item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. 

(End of clause)

 

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (SEP 2023) FAR

 

 252.219-7000 ADVANCING SMALL BUSINESS GROWTH (JUN 2023) FAR

 

52.222-19 CHILD LABOR - COOPERATION WITH AUTHORITIES AND REMEDIES (DEC 2022) FAR

 

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015) FAR

 

52.222-26 EQUAL OPPORTUNITY (SEP 2016) FAR

 

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020) FAR

 

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020) FAR

 

52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020) FAR

 

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) FAR

 

52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021) FAR

 

52.222–62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2022) FAR

 

52.223-6 DRUG-FREE WORKPLACE (MAY 2001) FAR

 

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUN 2020) FAR

 

52.223-20 AEROSOLS (JUN 2016) FAR

 

52.223-21 FOAMS (JUN 2016) FAR

 

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) FAR

 

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

 

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

 

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

 

252.225-7008 RESTRICTION ON ACQUISITION OF SPECIALTY METALS (MAR 2013) DFARS

 

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

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

“Component” means any item supplied to the Government as part of an end product or of another component. 
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SECTION I - CONTRACT CLAUSES (CONTINUED)

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

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

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

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

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

Australia 

Austria 

Belgium 

Canada 

Czech Republic 

Denmark 

Egypt 

Estonia 

Finland 

France 

Germany 

Greece 

Israel 

Italy 

Japan 

Latvia 

Lithuania 

Luxembourg 

Netherlands 

Norway 

Poland 

Portugal 

Slovenia 

Spain 

Sweden 

Switzerland 

Turkey 

United Kingdom of Great Britain and Northern Ireland. 

“Structural component of a tent” -- 

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

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

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

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

status under the laws of the United States. 

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

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

(1) Food. 

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

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

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

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

(ii) Tarpaulins; or 

(iii) Covers. 
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(4) Cotton and other natural fiber products. 

(5) Woven silk or woven silk blends. 

(6) Spun silk yarn for cartridge cloth. 

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

(8) Canvas products. 

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

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

in this paragraph (b). 

(c) This clause does not apply -- 

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

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

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

other natural fibers, or wool -- 

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

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

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

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

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

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

with paragraph (d) of this clause; 

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

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

fabric itself), if -- 

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

in part of fabric, include 3⁄4 

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

Appliances); 

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

Supply Group 84, Clothing, Individual Equipment and Insignia; 

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

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

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

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

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

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

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

(End of clause)

 

252.225-7036 BUY AMERICAN - FREE TRADE AGREEMENTS - BALANCE OF PAYMENTS PROGRAM - BASIC (JAN 2023) DFARS

 

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

 

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

FAR

 

252.225-7055 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME (MAY 2022) DFARS

 

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

 

252.225-7057 PREAWARD DISCLOSURE OF EMPLOYMENT OF INDIVIDUALS WHO WORK IN THE PEOPLE’S REPUBLIC OF CHINA 
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(AUG 2022) DFARS

 

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

CHINA (JAN 2023) DFARS

 

252.225-7059 PROHIBITION ON CERTAIN PROCUREMENTS FROM THE XINJIANG UYGHUR AUTONOMOUS REGION -- 

REPRESENTATION (JUN 2023) DFARS

 

52.226-6 PROMOTING EXCESS FOOD DONATION TO NONPROFIT ORGANIZATIONS (JUN 2020) FAR

 

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

SMALL BUSINESS CONCERNS (JAN 2023) DFARS

 

52.227-1 AUTHORIZATION AND CONSENT (JUN 2020) FAR

 

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

 

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) FAR

 

252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991) DFARS

 

52.232-1 PAYMENTS (APR 1984) FAR

 

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002) FAR

 

52.232-11 EXTRAS (APR 1984) FAR

 

52.232-17 INTEREST (MAY 2014) FAR

 

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014) FAR

 

52.232-25 PROMPT PAYMENT (JAN 2017) FAR

 

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD MANAGEMENT (OCT 2018) FAR

 

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

 

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018) DFARS

 

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

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

(a) Definitions. As used in this clause - 

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

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

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

Payment request and receiving report are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. 

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

Defense Federal Acquisition Regulation System (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. 

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

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

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

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

before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://
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wawf.eb.mil/. 

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

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

this contract or task or delivery order: 

(1) Document type. The Contractor shall submit payment requests using the following document type(s): 

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher. 

(ii) For fixed price line items - 

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer. 

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.) 

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving 

report, or the applicable invoice and receiving report, as specified by the Contracting Officer. 

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.) 

(iii) For customary progress payments based on costs incurred, submit a progress payment request. 

(iv) For performance based payments, submit a performance based payment request. 

(v) For commercial financing, submit a commercial financing request. 

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract. 

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.] 

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

payment requests and receiving reports in the system. 

Routing Data Table * 

Field Name in WAWF Data to be entered in 

WAWF

Pay Official DoDAAC

Issue By DoDAAC

Admin DoDAAC

Inspect By DoDAAC

Ship To Code

Ship From Code

Mark For Code

Service Approver 

(DoDAAC)

Service Acceptor 

(DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(* Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”) 

(** Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration 

office assigned the functions under FAR 42.302(a)(13).) 

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with 

the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable. 

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. 

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF 

point of contact. 

(Contracting Officer: Insert applicable information or “Not applicable.”) 

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed. 

 

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) DFARS

 

52.233-1 DISPUTES (MAY 2014) FAR

 

52.233-3 PROTEST AFTER AWARD (AUG 1996) FAR

 

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) FAR
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5452.233-9001 DISPUTES - AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (JUN 2020) DLAD

(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the 

parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort 

when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute. 

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation 

rejecting ADR must be signed by an official authorized to bind the Contractor (see Federal Acquisition Regulation (FAR) clause 52.233-1), or, 

for the Agency, by the Contracting Officer, and approved at a level above the Contracting Officer after consultation with the ADR Specialist and 

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

determining ADR to be inappropriate. 

(c) The offeror should check here to opt out of this clause: 

[ ] Alternate wording may be negotiated with the contracting officer. 

 

52.242-13 BANKRUPTCY (JUL 1995) FAR

 

52.243-1 CHANGES - FIXED PRICE (AUG 1987) FAR

 

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) DFARS

 

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENTS (DEC 2022) DFARS

As prescribed in 243.205-71 , use the following clause: 

(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. 3862(a), any request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold shall bear, 

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

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

(Official's Name) 

(Title) 

(c) The certification in paragraph (b) of this clause requires full disclosure of all relevant facts, including - 

(1) Certified cost or pricing data if required in accordance with subsection 15.403-4 of the Federal Acquisition Regulation (FAR); and 

(2) Data other than certified cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including actual cost data and data to support any 

estimated costs, even if certified cost or pricing data are not required. 

(d) The certification requirement in paragraph (b) of this clause does not apply to - 

(1) Requests for routine contract payments; for example, requests for payment for accepted supplies and services, routine vouchers under a costreimbursement type contract, or progress payment invoices; or 

(2) Final adjustment under an incentive provision of the contract. 

(End of clause) 

 

52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023) FAR

 

252.244-7000 SUBCONTRACTS FOR COMMERCIAL PRODUCTS OR COMMERCIAL SERVICES (JAN 2023) DFARS

 

52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003) FAR

(a) Definitions. As used in this clause. 

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

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

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

(b) Contractor's obligations. 

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

the conclusiveness thereof, the Contractor warrants that for [Contracting Officer shall state specific period of time after delivery, or the specified event 

whose occurrence will terminate the warranty period; e.g., the number of miles or hours of use, or combinations of any applicable events or periods of 

time]. 
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(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this 

contract; and 

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

requirements of this contract. 

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

Contractor. However, the Contractor's liability for the transportation charges shall not exceed an amount equal to the cost of 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 [Contracting 

Officer shall insert specific period of time; e.g., “45 days of the last delivery under this contract,” or “45 days after discovery of the defect”]. 

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

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

marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or 

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

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

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

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

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

warranty action is proposed; 

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

such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on 

which warranty action is proposed; and 

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

(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer 

may exercise one or more of the following options: 

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

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

the Contractor for correction or replacement. 

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

correct or replace all nonconforming supplies. 

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

acceptance) for screening and correction or replacement. 

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

and charge to the Contractor the cost occasioned to the Government thereby if the Contractor. 

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

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

endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or 

such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such 

failure. 

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

addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for 

the Contractor's account in a reasonable manner. The Government is entitled to reimbursement from the Contractor, or from the proceeds of such 

disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be 

incurred. 

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

other clause of this contract. 

(End of clause)

 

52.246-23 LIMITATION OF LIABILITY (FEB 1997) FAR

 

252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES (JAN 2023) DFARS

 

252.246-7007 CONTRACTOR COUNTERFEIT ELECTRONIC PART DETECTION AND AVOIDANCE SYSTEM (JAN 2023) DFARS
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252.246-7008 SOURCES OF ELECTRONIC PARTS (JAN 2023) DFARS

 

252.247-7023 TRANSPORATION OF SUPPLIES BY SEA --- BASIC (JAN 2023) DFARS

Basic. As prescribed in 247.574 (b) and (b)(1), use the following clause: 

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

“Components” means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the 

Contractor or any subcontractor. 

“Department of Defense” (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies. 

“Foreign-flag vessel” means any vessel that is not a U.S.-flag vessel. 

“Ocean transportation” means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters. 

“Subcontractor” means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results 

from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract. 

“Supplies” means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of 

transportation by sea. 

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract 

number or a military destination. 

(ii) “Supplies” includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, 

and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; 

construction materials; and components of the foregoing. 

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

laws of the United States. 

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract. 

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if -- 

(i) This contract is a construction contract; or 

(ii) The supplies being transported are -- 

(A) Noncommercial items; or 

(B) Commercial items that -- 

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it 

subcontracts for f.o.b. destination shipment); 

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping 

operations; or 

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643. 

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-

flag vessels, if the Contractor or a subcontractor believes that -- 

(1) U.S.-flag vessels are not available for timely shipment; 

(2) The freight charges are inordinately excessive or unreasonable; or 

(3) Freight charges are higher than charges to private persons for transportation of like goods. 

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date 

necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the 

Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other 

clause of this contract. Requests shall contain at a minimum -- 

(1) Type, weight, and cube of cargo; 

(2) Required shipping date; 

(3) Special handling and discharge requirements; 

(4) Loading and discharge points; 

(5) Name of shipper and consignee; 

(6) Prime contract number; and 

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at 

least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose. 

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office 

of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating 

carrier's ocean bill of lading, which shall contain the following information: 

(1) Prime contract number; 

(2) Name of vessel; 

(3) Vessel flag of registry; 
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(4) Date of loading; 

(5) Port of loading; 

(6) Port of final discharge; 

(7) Description of commodity; 

(8) Gross weight in pounds and cubic feet if available; 

(9) Total ocean freight in U.S. dollars; and 

(10) Name of steamship company. 

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to 

the best of its knowledge and belief -- 

(1) No ocean transportation was used in the performance of this contract; 

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract; 

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; 

or 

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the 

Contracting Officer. The Contractor shall describe these shipments in the following format: 

* ITEM DESCRIPTION CONTRACT LINE 

 ITEMS QUANTITY

TOTAL

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject 

and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized 

use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized 

use. 

(h) If the Contractor indicated in response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not anticipate 

transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by sea, the Contractor shall 

-- 

(1) Notify the Contracting Officer of that fact; and 

 (2) Comply with all the terms and conditions of this clause. 

(i) In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the 

Contractor shall flow down the requirements of this clause as follows: 

(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition 

threshold in part 2 of the Federal Acquisition Regulation. 

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or below 

the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation. 

(End of clause)

 

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012) FAR

 

52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984) FAR

 

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

As prescribed in 52.107(b), insert the following clause: 

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

Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): 

FAR: https://www.acquisition.gov/?q=browsefar

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

DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

 (End of clause)

 

52.253-1 COMPUTER GENERATED FORMS (JAN 1991) FAR

 

252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES---REPRESENTATION (DEC 2019) DFARS

As prescribed in 204.2105 (a), use the following provision: 

(a) Definitions. As used in this provision, “covered defense telecommunications equipment or services” has the meaning provided in the clause 
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252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services. 

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities 

excluded from receiving federal awards for “covered defense telecommunications equipment or services”. 

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense telecommunications equipment or services as a part of its 

offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. 

(End of provision)

 

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

(JAN 2023) DFARS

 

252.204-7024 NOTICE ON THE USE OF THE SUPPLIER PERFORMANCE RISK SYSTEM (MAR 2023) DFARS

 

252.225-7048 EXPORT CONTROLLED ITEMS (JUN 2013) DFARS

 

252.225-7051 PROHIBITION ON ACQUISITION OF CERTAIN FOREIGN COMMERCIAL SATELLITE SERVICES (DEC 2022) DFARS

 

252.239-7098 PROHIBITION ON CONTRACTING TO MAINTAIN OR ESTABLISH A COMPUTER NETWORK UNLESS SUCH NETWORK 

IS DESIGNED TO BLOCK ACCESS TO CERTAIN WEBSITES---REPRESENTATION (DEVIATION 2021-O0003) (APR 2021)

(a) In accordance with section 8116 of Division C of the Consolidated Appropriations Act, 2021 (Pub. L. 116-260), or any other Act that 

extends to fiscal year 2021 funds the same prohibitions, none of the funds appropriated (or otherwise made available) by this or any other Act 

for DoD may be used to enter into a contract to maintain or establish a computer network unless such network is designed to block access to 

pornography websites. This prohibition does not limit the use of funds necessary for any Federal, State, tribal, or local law enforcement 

agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities, or for any activity necessary for the 

national defense, including intelligence activities. 

(b) Representation. By submission of its offer, the Offeror represents that it is not providing as part of its offer a proposal to maintain or 

establish a computer network unless such network is designed to block access to pornography websites. 

(End of provision)

 

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR 

EQUIPMENT (NOV 2021) FAR

As prescribed in 4.2105(a), insert the following provision: 

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered 

telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or 

other contractual instrument” in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services --Representation, or in 

paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services . The Offeror 

shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it “does not use covered telecommunications 

equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services” in paragraph (c)(2) of the 

provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3. 

(a) Definitions. As used in this provisionBackhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and 

substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and 

Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the 

head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any 

equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as 

critical technology as part of any system. Nothing in the prohibition shall be construed to -- 

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, 

roaming, or interconnection arrangements; or 

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such 

equipment transmits or otherwise handles. 

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an 

executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, 

system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical 

technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is 

in performance of work under a Federal contract. Nothing in the prohibition shall be construed to -- 

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, 

roaming, or interconnection arrangements; or 

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such 

equipment transmits or otherwise handles. 
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(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities 

excluded from receiving federal awards for “covered telecommunications equipment or services.” 

(d) Representations. The Offeror represents that -- 

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or 

other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of 

this section if the Offeror responds “will” in paragraph (d)(1) of this section; and 

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that -- 

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered 

telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the 

Offeror responds “does” in paragraph (d)(2) of this section. 

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in 

paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: 

(i) For covered equipment -- 

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity 

was the original equipment manufacturer (OEM) or a distributor, if known); 

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or 

wholesaler number; and item description, as applicable); and 

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible 

under the prohibition in paragraph (b)(1) of this provision. 

(ii) For covered services -- 

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: 

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or 

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered 

telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this 

provision. 

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this 

provision, the Offeror shall provide the following information as part of the offer: 

(i) For covered equipment -- 

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity 

was the OEM or a distributor, if known); 

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or 

wholesaler number; and item description, as applicable); and 

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible 

under the prohibition in paragraph (b)(2) of this provision. 

(ii) For covered services -- 

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: 

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or 

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services 

and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. 

(End of provision)

 

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

EQUIPMENT (NOV 2021) FAR

 

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES---REPRESENTATION (OCT 2020) FAR

As prescribed in 4.2105(c), insert the following provision: 

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, 

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. 

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities 

excluded from receiving federal awards for “covered telecommunications equipment or services”. 

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered 

products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. 

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ] does, [ ] does not use covered 

telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services. 

 (End of provision)

 

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023) FAR

 

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) FAR

 
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SECTION K - REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS

52.204-3 TAXPAYER IDENTIFICATION (OCT 1998) FAR

As prescribed in 4.905 , insert the following provision: 

(a) Definitions. 

“Common parent,” as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income 

tax returns on a consolidated basis, and of which the offeror is a member. 

“Taxpayer Identification Number (TIN),” as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the 

offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number. 

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 

7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting 

contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to 

furnish the information may result in a 31 percent reduction of payments otherwise due under the contract. 

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government 

(31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may 

be matched with IRS records to verify the accuracy of the offeror's TIN. 

(d) Taxpayer Identification Number (TIN). 

[ ] TIN: _. 

[ ] TIN has been applied for. 

[ ] TIN is not required because: 

[ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or 

business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; 

[ ] Offeror is an agency or instrumentality of a foreign government; 

[ ] Offeror is an agency or instrumentality of the Federal Government. 

(e) Type of organization. 

[ ] Sole proprietorship; 

[ ] Partnership; 

[ ] Corporate entity (not tax-exempt); 

[ ] Corporate entity (tax-exempt); 

[ ] Government entity (Federal, State, or local); 

[ ] Foreign government; 

[ ] International organization per 26 CFR 1.6049-4; 

[ ] Other . 

(f) Common parent. 

[ ] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision. 

[ ] Name and TIN of common parent: 

Name 

TIN 

(End of provision)

 

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023) FAR

As prescribed in 4.1202(a), insert the following provision: 

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is [insert NAICS code]. 

(2) The small business size standard is [insert size standard]. 

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end 

item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under 

NAICS code 541519, if the acquisition -- 

(i) Is set aside for small business and has a value above the simplified acquisition threshold; 

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or 

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or solesource award regardless of dollar value. 

(b)(1) If the provision at 52.204 -7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies. 

(2) If the provision at 52.204 -7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System 

for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual 

representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes: 

 (i) Paragraph (d) applies.

 (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated: 

(i) 52.203 -2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract 

with economic price adjustment is contemplated, unless -- 

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13; 

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or 
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(C) The solicitation is for utility services for which rates are set by law or regulation. 

(ii) 52.203 -11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected 

to exceed $150,000. 

(iii) 52.203 -18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements --Representation. This 

provision applies to all solicitations. 

(iv) 52.204 -3, Taxpayer Identification. This provision applies to solicitations that do not include provision at 52.204 -7, System for Award Management. 

(v) 52.204 -5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that -- 

(A) Are not set aside for small business concerns; 

(B) Exceed the simplified acquisition threshold; and 

(C) Are for contracts that will be performed in the United States or its outlying areas. 

(vi) 52.204 -26, Covered Telecommunications Equipment or Services --Representation. This provision applies to all solicitations. 

(vii) 52.209 -2, Prohibition on Contracting with Inverted Domestic Corporations --Representation. 

(viii) 52.209 -5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the 

simplified acquisition threshold. 

(ix) 52.209 -11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies 

to all solicitations. 

(x) 52.214 -14, Place of Performance --Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is 

specified by the Government. 

(xi) 52.215 -6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government. 

(xii) 52.219 -1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies 

to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 

19.000(b)(1)(ii). 

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard. 

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard. 

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned. 

(xiii) 52.219 -2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or 

services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). 

(xiv) 52.222 -22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222 -26, Equal Opportunity. 

(xv) 52.222 -25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the 

clause at 52.222 -26, Equal Opportunity. 

(xvi) 52.222 -38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract 

award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services. 

(xvii) 52.223 -1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; 

or include the clause at 52.223 -2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts. 

(xviii) 52.223 -4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items. 

(xix) 52.223 -22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals --Representation. This provision applies to solicitations that include 

the clause at 52.204 -7.) 

(xx) 52.225 -2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225 -1. 

(xxi) 52.225 -4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations 

containing the clause at 52.225 -3. 

(A) If the acquisition value is less than $50,000, the basic provision applies. 

(B) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies. 

(C) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies. 

(xxii) 52.225 -6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225 -5. 

(xxiii) 52.225 -20, Prohibition on Conducting Restricted Business Operations in Sudan --Certification. This provision applies to all solicitations. 

(xxiv) 52.225 -25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran --Representation and 

Certifications. This provision applies to all solicitations. 

(xxv) 52.226 -2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, 

supplies, or services of the type normally acquired from higher educational institutions. 

(2) The following representations or certifications are applicable as indicated by the Contracting Officer: 

[Contracting Officer check as appropriate.] 

 (i) 52.204-17, Ownership or Control of Offeror. 

 (ii) 52.204-20, Predecessor of Offeror. 

 (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products. 

 (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain 

Equipment- Certification. 

 (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification. 

 (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA -Designated Products (Alternate I only). 

 (vii) 52.227-6, Royalty Information. 

 (A) Basic.

 (B) Alternate I.

 (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software. 

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing 

the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to 
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this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and 

applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer 

and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by 

clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete 

as of the date of this offer. 

 

(End of provision)

 

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2021) DFARS

Substitute the following paragraphs (b), (d), and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8: 

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (e) of this provision applies. 

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System 

for Award Management (SAM), the Offeror may choose to use paragraph (e) of this provision instead of completing the corresponding individual 

representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes: 

[ ] (i) Paragraph (e) applies.

[ ] (ii) Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.

(d)(1) The following representations or certifications in the SAM database are applicable to this solicitation as indicated: 

(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services --Representation. Applies to all solicitations. 

(ii) 252.216-7008, Economic Price Adjustment --Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price 

supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or 

material prices and may during contract performance impose a mandatory change in wages or prices of materials. 

(iii) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country. 

(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services --Representations. Applies to solicitations for the 

acquisition of commercial satellite services. 

(v) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations 

expected to result in contracts of $150,000 or more. 

(vi) 252.229-7012, Tax Exemptions (Italy) --Representation. Applies to solicitations and contracts when contract performance will be in Italy. 

(vii) 252.229-7013, Tax Exemptions (Spain) --Representation. Applies to solicitations and contracts when contract performance will be in Spain. 

(viii) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation 

services or those with an anticipated value at or below the simplified acquisition threshold. 

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer 

check as appropriate.] 

[ ] (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

[ ] (ii) 252.225-7000, Buy American --Balance of Payments Program Certificate.

[ ] (iii) 252.225-7020, Trade Agreements Certificate.

[ ] Use with Alternate I.

[ ] (iv) 252.225-7031, Secondary Arab Boycott of Israel.

[ ] (v) 252.225-7035, Buy American --Free Trade Agreements --Balance of Payments Program Certificate.

[ ] Use with Alternate I.

[ ] Use with Alternate II.

[ ] Use with Alternate III.

[ ] Use with Alternate IV.

[ ] Use with Alternate V.

[ ] (vi) 252.226-7002, Representation for Demonstration Project for Contractors Employing Persons with Disabilities.

[ ] (vii) 252.232-7015, Performance-Based Payments --Representation.

(e) The Offeror has completed the annual representations and certifications electronically via the SAM website at https://www.acquisition.gov/. After 

reviewing the SAM database information, the Offeror verifies by submission of the offer that the representations and certifications currently posted 

electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 

12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced 

for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below 

[Offeror to insert changes, identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also incorporated 

in this offer and are current, accurate, and complete as of the date of this offer.

FAR/DFARS Provision # Title Date Change

Any changes provided by the Offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in 

the SAM database. 

(End of provision)

 

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020) FAR

As prescribed in 4.1804(b), use the following provision: 

(a) Definitions. As used in this provision -- 
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Commercial and Government Entity (CAGE) code means -- 

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

Entity (CAGE) Branch to identify a commercial or government entity by unique location; or 

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to 

entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in 

the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. 

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an 

immediate owner of the offeror. No entity owns or exercises control of the highest level owner. 

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or 

more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the 

common use of employees. 

(b) The Offeror represents that it [ ] has or [ _] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint 

venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture. 

(c) If the Offeror indicates “has” in paragraph (b) of this provision, enter the following information: 

Immediate owner CAGE code: 

Immediate owner legal name: 

(Do not use a “doing business as” name) 

Is the immediate owner owned or controlled by another entity?: [ _] Yes or [ ] No. 

(d) If the Offeror indicates “yes” in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter 

the following information: 

Highest-level owner CAGE code: 

Highest-level owner legal name: 

(Do not use a “doing business as” name) 

(End of provision)

 

52.207-4 ECONOMIC PURCHASE QUANTITY---SUPPLIES (AUG 1987) FAR

As prescribed in 7.203 , insert the following provision: 

(a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or quotes are requested in this solicitation is (are) 

economically advantageous to the Government. 

 

(b) Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an economic purchase quantity. 

If different quantities are recommended, a total and a unit price must be quoted for applicable items. An economic purchase quantity is that quantity at which 

a a significant price break occurs. If there are significant price breaks at different quantity points, this information is desired as well. 

OFFEROR RECOMMENDATIONS

ITEM QUANTITY PRICE QUOTATION TOTAL

(c) The information requested in this provision is being solicited to avoid acquisitions in disadvantageous quantities and to assist the Government in 

developing a data base for future acquisitions of these items. However, the Government reserves the right to amend or cancel the solicitation and resolicit 

with respect to any individual item in the event quotations received and the Government's requirements indicate that different quantities should be acquired. 

(End of provision)

 

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) FAR

(a) Definitions. As used in this provision - 

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., 

Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services 

Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with 

performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or 

inspection of deliverables. 

“Federal contracts and grants with total value greater than $10,000,000” means - 

(1) The total value of all current, active contracts and grants, including all priced options; and 

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements 

contracts (including task and delivery and multiple-award Schedules). 

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business 

entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). 
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(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. 

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has 

entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of 

submission of this offer with regard to the following information: 

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by 

the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following 

dispositions: 

(i) In a criminal proceeding, a conviction. 

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or 

damages of $5,000 or more. 

(iii) In an administrative proceeding, a finding of fault and liability that results in - 

(A) The payment of a monetary fine or penalty of $5,000 or more; or 

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000. 

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by 

the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. 

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has 

provided the requested information with regard to each occurrence. 

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an 

active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7). 

(End of provision) 

 

 

52.225-18 PLACE OF MANUFACTURE (AUG 2018) FAR

As prescribed in 25.1101(f), insert the following solicitation provision: 

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

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except -- 

(1) FSC 5510, Lumber and Related Basic Wood Materials; 

(2) Federal Supply Group (FSG) 87, Agricultural Supplies; 

(3) FSG 88, Live Animals; 

(4) FSG 89, Food and Related Consumables; 

(5) FSC 9410, Crude Grades of Plant Materials; 

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; 

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; 

(8) FSC 9610, Ores; 

(9) FSC 9620, Minerals, Natural and Synthetic; and 

(10) FSC 9630, Additive Metal Materials. 

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw 

materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of 

reassembly is not the place of manufacture. 

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in 

response to this solicitation is predominantly -- 

(1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds 

the total anticipated price of offered end products manufactured outside the United States); or 

(2) [ ] Outside the United States. 

(End of provision)

 

252.225-7000 BUY AMERICAN STATUTE - BALANCE OF PAYMENTS PROGRAM CERTIFICATE (NOV 2014) DFARS

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “foreign end product,” “qualifying 

country,” “qualifying country end product,” and “United States,” as used in this provision, have the meanings given in the Buy American and 

Balance of Payments Program --Basic clause of this solicitation. 

(b) Evaluation. The Government -- 

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation 

Supplement; and 
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(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American statute or the Balance of 

Payments Program. 

(c) Certifications and identification of country of origin.

(1) For all line items subject to the Buy American and Balance of Payments Program --Basic clause of this solicitation, the offeror certifies 

that -- 

(i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product; and 

(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or 

manufactured outside the United States or a qualifying country. 

(2) The offeror certifies that the following end products are qualifying country end products: 

Line Item Number Country of Origin 

 

 (3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify 

as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the 

definition of “domestic end product”: 

Line Item Number Country of Origin (If known) 

 

(End of provision) 

 

252.225-7000 BUY AMERICAN STATUTE---BALANCE OF PAYMENTS PROGRAM CERTIFICATE)---ALTERNATE I (NOV 2014) 

DFARS

Alternate I. As prescribed in 225.1101 (1) and (1)(ii), use the following provision, which adds “South Caucasus/Central and South Asian (SC/CASA) state” 

and “South Caucasus/Central and South Asian (SC/CASA) state end product” in paragraph (a), and replaces “qualifying country end products” in paragraphs 

(b)(2) and (c)(2) with “qualifying country end products or SC/CASA state end products”:

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “foreign end product,” “qualifying country,” 

“qualifying country end product,” “South Caucasus/Central and South Asian (SC/CASA) state,” “South Caucasus/Central and South Asian (SC/CASA) state 

end product,” and “United States,” as used in this provision, have the meanings given in the Buy American and Balance of Payments Program --Alternate I 

clause of this solicitation. 

(b) Evaluation. The Government -- 

(1) Will evaluate offers in accordance with the policies and procedures of part 225 of the Defense Federal Acquisition Regulation Supplement; and 

(2) Will evaluate offers of qualifying country end products or SC/CASA state end products without regard to the restrictions of the Buy American statute 

or the Balance of Payments Program. 

(c) Certifications and identification of country of origin. 

(1) For all line items subject to the Buy American and Balance of Payments Program --Alternate I clause of this solicitation, the offeror certifies that -- 

(i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product; and 

(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside 

the United States or a qualifying country. 

(2) The offeror certifies that the following end products are qualifying country end products or SC/CASA state end products: 

Line Item Number Country of Origin 

 

(3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic 

end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of “domestic end 

product”: 

Line Item Number Country of Origin (If known) 

 

(End of provision)

 

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

L06 Agency Protests (DEC 2016) 

 

Interested parties may file an agency level protest with the contracting officer or may request an independent review 
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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 
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auction must notify the contracting officer or designated representative immediately. The contracting officer 

may, at their sole discretion, extend or re-open the reverse auction if the reason for the offeror's inability to 

enter pricing is determined to be without fault on the part of the offeror and outside the offeror's control. 

 

(6) Training. The commercial reverse auction service provider or government representative conducts training for 

offerors. Offerors receive training through written material, the commercial reverse auction service provider's 

website, or other means. Trainers name employees successfully completing the training as a “Trained 

Offeror.” Only trained offerors may engage in a reverse auction. The contracting officer reserves the right to 

remove the “trained offeror” title from anyone who fails to obey the solicitation or commercial reverse auction 

service provider terms and conditions. 

 

L21 Surge and Sustainment (S&S) - Capability Assessment Plan (CAP) - DLA Troop Support - Subsistence 

(FEB 2017) 

 

Offerors must submit the CAP for items identified with surge requirements in Section C of the solicitation. The CAP 

must -- 

 

(1) Outline the offeror's method of addressing the S&S requirements, whether defined as a percentage of annual 

demands or by individual line items. If the S&S quantity or delivery requirements cannot be met, the 

offeror must identify the shortfall and provide the best value solutions to include a proposed strategy to 

offset the shortfall.

 

(2) Describe how the offeror will reduce peacetime production lead times by 50% to meet S&S requirements.

 

(3) Provide letters of commitment or other agreements from suppliers and service providers (e.g., additional 

equipment or warehouse space) confirming they can meet S&S requirements.

 

(4) Provide a plan to continue operations from an alternate facility in the event the primary facility is damaged or 

otherwise unable to operate at full capacity.

 

(5) Identify competing priorities for the same resources and ensure that meeting surge delivery requirements is 

independent of any other contracts or production requirements.

 

(6) Identify the lead time for providing required S&S capability.

(7) If applicable, include an exit strategy describing how to transition and ramp-down S&S assets and any 

Government investment.

 
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Note: Annotate the maximum Surge quantity you can provide for the listed time frames of the spreadsheet below. 

The quantity listed for each time frame must be unique to that time frame, and not cumulative of the previous time 

frame(s). List the cumulative surge quantity of all time frames under the “Total” column. The proposed Surge 

quantities should be based on the offeror's maximum capacity for each item in schedule B in accordance with the 

timelines cited below. This information should be submitted in the chart below, or separately in the same format. 

This information must be submitted along with the Surge and Sustainment Plan in each of the offeror's technical 

proposals by the closing date of the solicitation in accordance with the requirements cited in section L-6 below. 

L-2 Submission of Offers 

 

DLA Troop Support is utilizing Lowest Price Technically Acceptable (LPTA) source selection award procedures 

for this acquisition. The Government will make an award to the offeror with the proposal that represents the best 

value. Offerors must ensure that they complete and submit all requirements of the solicitation. Offerors must submit 

a Completed Solicitation in accordance with paragraph L-3; Technical Proposal in accordance with paragraph L-4; 

Business (Price) Proposal in accordance with paragraph L-5; and Additional Submission Requirements in 

accordance with paragraph L-6. Information and all Product Demonstration Models (PDMs) must be received no 

later than the time and date set for closing of offers. It is critical to successful source selection that you address each 

of the informational requirements listed in paragraphs L-3 through L-6 to facilitate the Government's proper, 

thorough, and timely review of your proposal. The complete proposals should be specific, stating clearly how you 

will meet all the requirements of the solicitation. Failure to furnish all required information and PDMs by the time 

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

offer clause or may be rejected because additional submissions will be tantamount to a submission of a new offer. A 

cover letter may accompany the proposal to set forth any information you wish to bring to the attention of the 

Government. 

 

Your proposal must be prepared and submitted in separate parts to the following email Darren Gregory (darren.

gregory@dla.mil) and Tiendung Nguyen (tiendung.nguyen@dla.mil) or to the following address: 

 

ATTN: DARREN GREGORY AND TIENDUNG NGUYEN 

DLA TROOP SUPPORT 

700 ROBBINS AVENUE 

BLDG. 6B085 

PHILADELPHIA, PA 19111 

 

Note: Refer to Section A-1 for additional information. If any part is being submitted via email, only one copy of each 
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part should be sent. If physical copies are being delivered to the above address, then the offeror must send the 

appropriate “# of copies” for each part indicated below. 

 

 

Part Title # of copies 

1 Completed Solicitation 1 

2 Technical Proposal 3 

3 Business (Price) Proposal 3 

4 Additional Submission Requirements 3 

 

 

L-3 Completed Solicitation 

Offerors must return all pages of the solicitation with their offer, and fill-in any applicable information requested in 

the solicitation. Offerors are responsible for carefully reviewing the entire solicitation to ensure they submit all 

information required by the solicitation. 

L-4 Technical Proposals 

The following information is required for technical proposals:

A. Product Quality/Product Demonstration Models (PDMs) 

1. Product Demonstration Models (PDM's) will be submitted at no expense to the Government and must be 

received prior to the time set for closing of offers. PDM's will become the property of the Government and will 

not be returned to the offeror. Failure to submit PDM's may result in rejection of an offer. 

2. The PDM is the standard to which all production under any contract resulting from this solicitation must 

conform. Offerors are cautioned that samples produced in test facilities may not match the product produced on 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. 

3. Characteristics for which the PDM's will be tested or evaluated are: Organoleptic qualities such as taste, color, 

texture, appearance and overall quality and specification/production descriptions cited in 5 below. PDM samples 

will be evaluated by DLA Troop Support and will be rated as “Acceptable” or “Unacceptable”. The PDM rating 

for a specific component item will be no higher than the rating of the lowest-rated characteristic, for example, if 

any one of the characteristics is rated unacceptable, the overall PDM rating will be no higher than unacceptable, 

even if certain characteristics are rated acceptable. An unacceptable rating for any one characteristic will result in 

an unacceptable overall PDM rating. 
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4. The approval of any PDM for the aforementioned organoleptic characteristics will not constitute approval of 

the product as meeting other contractual requirements such as but not limited to analytical requirements, physical 

requirements, microbiological requirements, and/or performance requirements. 

5. PDMs must conform to all specification/production description characteristics. Failure of models to conform 

to the specification may result in rejection of offer. Product offered shall conform to all packaging, labeling, and 

packing requirements as well as analytical requirements. The government shall not accept product from any 

resultant contract which does not conform to all requirements. 

6. The contractor must have an acceptable rating for all items prior to the start of production. Offerors are 

afforded the opportunity to submit an initial PDM for evaluation. If this initial PDM is not rated acceptable, a 

second PDM may be submitted if negotiations are conducted. Submission of additional PDM samples, beyond 

this second submission, will not be used for evaluation for award. 

The final evaluation for this factor will be based on the highest rated PDM of the first or second submission, 

regardless of how many PDM samplings are submitted. 

 

Offerors must submit Initial Product Demonstration Models (PDMs) as a finished Halal, MRE case of meals (entrees, 

complementary items, and accessory packets), except mandatory source items. One finished case of meals must 

include 12 different Halal entrees. A total of 6 PDMs must be submitted as stated below: 

 

3 PDMs of Halal, MRE must be sent to: 

 

ATTN: DARREN GREGORY AND TIENDUNG NGUYEN 

 

DLA TROOP SUPPORT 

700 ROBBINS AVENUE 

BLDG. 6B085 

PHILADELPHIA, PA 19111 

 

If the Government requests PDMs to be sent to DEVCOM, they must be sent to: 

 

 

 DEPARTMENT OF THE ARMY 

 FCDD-SCC-EMR ATTN: Jill Bates 

 DEVCOM - SOLDIER CENTER 

 10 GENERAL GREENE AVENUE 

 NATICK, MA 01760 

 

 

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 # 
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Company Name and Address 

Point of Contact Name and Phone Number 

 

The other 3 PDMs must be maintained by the offeror/contractor. In this instance, the offeror must self-certify, 

confirm possession of the samples, and identify the samples as from the same production lot as those submitted to 

DLA Troop Support. The offeror must submit this statement(s) with the balance of PDM samples submitted to DLA 

Troop Support. Should an offeror be awarded a contract, the offeror must provide the 3 PDMs that were self-certified 

and maintained by the offeror to a Government Quality Assurance Representative (GQAR), if applicable and/or 

required by the Contracting Officer, during the first production cycle. Offerors that have been awarded a contract and 

do not have an in-house GQAR will be directed on where to submit these PDMs. 

 

 

Late submissions of PDM's may be the basis for rejection of the proposal. 

 

The PDM's required in this part of the solicitation which are submitted to DLA Troop Support must have certified 

analytical product results attached as part of your offer for this technical evaluation factor. The analyticals are to be 

certified by the USDA for current suppliers of these items and self-certified by other potential offerors. Failure to 

submit the required certified analyticals with your PDM's may result in your proposal not being considered for award. 

Additionally, offerors must provide a component breakdown of each menu clearly listing the entrée, all 

complementary items, and accessory packet items. Each menu breakdown must also include nutritional content. 

 

Note: PDMs do NOT need to be certified as Halal at the time of proposal submission. However, offerors must certify 

that they will have Halal certification before the commencing of production if they were to receive award. 

L-5 Business (Price) Proposal 

 

The business proposal must include two hard copies that contain the required pricing as described in Section B of this 

solicitation. The offeror's pricing must represent one price for entire minimum/maximum range per tier and must 

include prices for each of the 5 tiers of the contract. Tiered pricing allows for the offeror to submit different prices for 

each of the 5 tiers as there will be no EPA adjustment in the contract. 

L-6 Additional Submission Requirements 

1. Food Defense Plan: In accordance with the Food Defense requirement identified in Section E-1-A, the 

offeror must submit its Food Defense Plan to describe what procedures are, or will be, in place to prevent 

product tampering and contamination, and assure overall plant security and food safety. The Plan should 

be formatted in accordance with, and address the issues contained in, the DLA Food Security Checklist. 

This plan must be submitted with the offeror's initial offer. See note below for instructions on referenced 

plans.

2. Integrated Pest Program: Contractors and subcontractors must submit an Integrated Pest Management 

Plan based on the requirements stated in Section I-4. This plan must be submitted with the offeror's initial 

offer. See note below for instructions on referenced plans.

3. Quality Systems Plan: Contractors must submit a Quality Systems Plan based on the requirements in 

Section E. This plan must be submitted with the offeror's initial offer. See note below for instructions on 

referenced plans.

4. Surge and Sustainment Plan: Refer to provisions C06 Surge and Sustainment (S&S) Requirements 

(FEB 2017) and L21 Surge and Sustainment (S&S) - Capability Assessment Plan (CAP) - DLA 
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Troop Support -Subsistence (FEB 2017) for Surge and Sustainment Plan requirements and submissions 

instructions based on the requirements stated in Section I-6. This plan must be submitted with the 

offeror's initial offer. See note below for instructions on referenced plans.

Note: Additional submission requirements guidelines can be found at the Troop Support Subsistence website 

https://www.dla.mil/TroopSupport/Subsistence/FoodSafety/FoodQuality/

 

 

Note: The successful awardee will be required to maintain an acceptable Food Defense Plan, Integrated Pest 

Management Plan, Surge and Sustainment Plan and QSP, throughout the life of the contract. The awardee must have 

a Food Defense Plan, Integrated Pest Management Plan, Surge and Sustainment Plan and QSP approved by the 

contracting officer prior to contract award.

 

 

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2022) DFARS

 

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) FAR

 

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016) DFARS

 

52.216-1 TYPE OF CONTRACT (APR 1984) FAR

As prescribed in 16.105 , complete and insert the following provision: 

The Government contemplates award of a contract resulting from this solicitation. 

(End of provision)

 

52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999) FAR

 

L06 AGENCY PROTESTS (DEC 2016)

 

52.233-2 SERVICE OF PROTEST (SEP 2006) FAR

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any 

protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by 

obtaining written and dated acknowledgment of receipt from . [Contracting Officer designate the official or location where a protest may be 

served on the Contracting Officer.] 

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. 

(End of Clause)

 

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): 

FAR: https://www.acquisition.gov/?q=browsefar 

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

DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx 

 (End of provision)
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SECTION M - EVALUATION FACTORS FOR AWARD

M-1 Source Evaluation and Selection Procedures 

 

Evaluation Process 

 

1. Technical Evaluation: Offerors are required to submit a technical proposal as prescribed in Section L of 

this solicitation. Each technical proposal will be evaluated against the technical requirements specified in section 

M-2. Proposals highly technically deficient as to make them incapable of being made technically acceptable may be 

rejected and excluded from the competitive range. No discussion will be held with rejected offerors, nor will any 

rejected offeror be given an opportunity to revise its offer to correct those deficiencies in order to become 

acceptable after rejection.

2. Business Evaluation: The Government will evaluate prices for reasonableness as discussed in FAR 

Subpart 15.305 and Subpart 15.4.

3. Selection: The Government will use lowest price technically acceptable source selection procedures for 

this acquisition. The final technical and business evaluation reports will be furnished to the Contracting Officer. 

When offers are determined to be technically acceptable for non-price factors the price evaluation will be 

conducted, and award will be made based on the overall lowest price to the Government.

M-2 Evaluation Factors for Award (Evaluation Criteria) 

 

The Government will use Lowest Price Technically Acceptable source selection procedures in evaluating proposals. 

The Government will make an award to the responsible offeror whose proposal offers the lowest evaluated price and 

is rated as technically acceptable. An offeror's proposal must be considered technically acceptable to be considered 

for award. 

 

A. Evaluation of Product Demonstration Models (PDMs) - Small Business Set-Aside 

Refer to Section L-4 for Technical Proposal/PDM submission procedures. 

 

As required by this solicitation/contract, for each component item requiring a PDM, each Contractor shall possess 

said Contractor's own set of approved PDMs and shall be responsible for the retention and distribution of said PDMs 

to Government entities. 

 

DLA Troop Support will evaluate PDMs for compliance in accordance with Description/Specifications for Meal, 

Religious, Ready-to-Eat, Individual, Halal, detailed in the solicitation. The entrée and complementary items together 

shall be sufficient to provide the nutritional requirements. The complimentary items in each case shall constitute a 

sufficient variety, such that no individual item shall be used more than three times in an individual case. Any 

deviation of this requirement shall be submitted to the Contracting Officer with a detailed explanation for the 

requested exception. Each meal will be evaluated to determine if the minimum requirements for calories and 

nutrients have been met. Each component item will be evaluated using an Acceptable/Unacceptable rating to 

determine product quality against the salient characteristics as written in the specification, which includes, but is not 
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limited to; Finished Product, Appearance, Odor and Flavor, and Texture. 

 

In the event that DLA Troop Support requires the evaluation of a certain PDM(s) by Natick, the following rating 

methodology will be used: 

 

1. The U.S. Army, Combat Capabilities DEVCOM Soldier Center (Natick) will evaluate Initial PDMs for 

compliance with product specifications and for compliance with the sensory characteristics designated 

and defined in the product's technical documents. These sensory characteristics, namely appearance, 

odor, flavor, and texture (or combination dictated by the product's technical documents), shall represent 

distinct sensory characteristic categories and will be evaluated by category by panelist. Each panelist will 

assign to each sensory characteristic category a quality score by using a 9-point quality scale, where 9 is 

the highest score and 1 the lowest score. The mean value of the panelists' ratings for each sensory 

characteristic category shall be determined. 

 

Natick will assign an overall quality scale score to each Initial PDM that it evaluates. The overall score 

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

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

of 1.00 through 5.99 will indicate an unacceptable rating. PDMs must be rated as “Acceptable” to be 

eligible for award. 

In the event the Government conducts negotiations, an offeror that receive an “Unacceptable” rating on an 

initial PDM will be given the opportunity to submit a Revised PDM. Revised PDMs that are submitted for 

a final evaluation will be evaluated using the same criteria discussed above. Offerors are advised that if 

they have more than three (3) unacceptable Revised PDMs after the final evaluation, the proposal will be 

found technically unacceptable, and the offer will not be considered for award. 

Offerors will have one opportunity to correct any deficiencies found during the evaluation of PDMs that are submitted 

as part of the initial proposal. Revised PDMs that are submitted for a second and final evaluation shall be evaluated 

using the same criteria as discussed above for both DLA and Natick evaluations. Offerors are advised that if they have 

more than four (4) unacceptable PDMs after the second evaluation, their proposal will be determined technically 

unacceptable. 

Note: After award has been made, any “unacceptable” PDMs must be resubmitted and determined as 

“Acceptable” before contract performance may begin.

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

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

the Government shall be identical. The approval or acceptance of any PDM will not constitute a waiver of the 

requirement that all delivered product must meet all other contractual requirements such as but not limited to 

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

specifically stated by the Contracting Officer. The Contractor shall be responsible for the shipment of PDM samples 

to DLA Troop Support, and as required, to Natick. The contractor and/or subcontractor shall be responsible for 

obtaining the services of a recognized Halal supervision agency that is prepared to meet the requirements for Halal 

certification. Halal Certification is not required during the time of PDM submission, however, Halal certification is 

required before award and performance of the contract. 

 

B. Evaluation of Business (Price) Proposal 

Refer to Section L-5 for Business (Price) Proposal submission procedures. 
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1. The award will be based on the technically acceptable offer with the lowest, total evaluated price to the 

Government. The Government will determine the lowest, total evaluated price by multiplying the 

estimated quantity for this acquisition by the unit price offered for each tier. Then, the estimated prices 

for the five tiers will be added together to calculate the total evaluated price. The offerors' total evaluated 

price will be compared to determine the lowest, total evaluated price. 

NOTE: Refer to section B-1, paragraph A, for the estimated yearly quantities. This number is being used for 

evaluation purposes only and does not obligate the Government to order up to the estimated yearly quantities. 

 

M-3 Additional Submission Requirements 

 

Additional Submission Requirements will be reviewed for acceptability but will not be evaluated for the 

award decision. 

 

1. The Food Defense Plan will be reviewed to determine acceptability. 

2. The Integrated Pest Management Plan will be reviewed to determine acceptability. 

3. The Quality Systems Plan will be reviewed to determine acceptability. 

4. The Surge and Sustainment Plan will be reviewed to determine acceptability. 

NOTE: The successful awardee will be required to maintain an acceptable Food Defense Plan, Integrated Pest 

Management Plan, Surge and Sustainment Plan and QSP, throughout the life of the contract. The contracting officer 

must approve these plans prior to award.

 

M07 Surge and Sustainment (S&S) Evaluation (FEB 2017) 

 

(1) Capability Assessment Plan (CAP) Evaluation: The CAP will be reviewed and assessed for 

responsiveness, completeness, and technical merit. The CAP must demonstrate (i) the offeror's ability to 

provide the full S&S quantity and meet the delivery requirements as specified in the solicitation; (ii) the 

technical merits of the proposed solutions to any identified shortfalls in S&S quantity and/or delivery 

requirements; and (iii) the ability to achieve the solutions without Government investment. If the CAP 

includes Government investment, the evaluation includes plans to refresh or replace S&S material and 

related exit strategy to ensure the Government's continued surge capability. 

 

(2) S&S Past Performance History: The quality and extent of the offeror's historical surge support 

performance will be considered as part of the overall past performance evaluation. In the absence of or in 

addition to historical S&S capability support, the contracting officer may consider other relevant 

performance history that demonstrates the offeror's ability to respond to and sustain higher than normal 

production rates or faster than normal delivery requirements, or both. 

 
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(3) The contracting officer will include the S&S price in the overall price evaluation.